• Home
• About MED
• Publications
• Statement of Intent
• Archive
• 2006-2009
• Vote: Commerce

• Publications

• Statement of Intent

• Archive

• 2007-2010
• 2006-2009
• 2005-2008
• 2004-2007
• 2003-2006
• 2002-2005
• 2008-2011
• Departmental Forecast Report
• Strategic Business Plan

Output Class > Policy and Purchase Advice > Business Law and Competition Policy

This output class provides advice on the effective and low-cost regulation of economic activity. It includes strategic and technical policy advice on the creation and maintenance of a regulatory environment that provides greater certainty for, and positively encourages business innovation and growth. This work is being pursued in the following broad strategic context:

• the international convergence of norms and rules and the need to ensure that New Zealand's regulatory approaches and technical infrastructure reflect the evolving expectation around these approaches, and support innovation and economic development;
• advancing a Single Economic Market with Australia;
• the emerging implications of the growth of China's economy, its interaction with New Zealand's economy, the negotiation of a bilateral free trade agreement, and development of ways to deepen regulatory co-operation and business; and
• the priority that must be accorded multilateral efforts to improve market access and trade rules under the Doha Round.

The following outputs are included in this output class for 2006/2007:

• Business Environment, Business Law and Competition Policy - which relates to providing policy advice on corporate and commercial law, including capital markets, insurance, insolvency, intellectual property law, and competition law and policy, with the aim of enhancing opportunities for business to innovate and grow, allowing investors to make choices with confidence, and reducing the costs of doing business. Key areas of focus include:
  • Business Law
    • Participating in the implementation of KiwiSaver, the workplace savings scheme, by contributing to the development of legislation and regulations to enact KiwiSaver; leading the tender process for default providers for the scheme and leading the implementation of the scheme relating to the Government Actuary; and taking part in the implementation and evaluation project around the scheme.
    • Conducting a review of financial products and providers and, connected to this review, work with Treasury to consider the desirability of a single New Zealand prudential regulator and a trans-Tasman council to co-ordinate the interface between New Zealand and Australian prudential regulation.
    • Implementing the work programme under the Memorandum of Understanding on Business Law Co-ordination following its review, including:
      • advancing the work programme on competition and consumer policy and law co-ordination with Australia, notably putting in place processes for information sharing, cross-appointments and enhanced policy dialogue; and
      • implementing the Trans-Tasman Mutual Recognition Arrangement (TTMRA) review recommendations.
  • Intellectual Property
    • Advancing the following legislative reform programmes: introduction and passage of the Geographical Indications (Amendment) Bill and regulations, Copyright (Digital Technology and Performers' Rights) Amendment Bill, Patents Bill and Plant Variety Rights Bill.
    • Providing advice to Government on its response to aspects of the Wai 262 claim.
• Business Facilitation Policy - which relates to providing strategic, economic and technical policy advice on enhancing the effectiveness of, and reducing the costs to business from compliance with laws and regulations, and standards and conformance issues. Key areas of focus include:
  • Regulatory Policy
    • Strengthening processes for developing high-quality regulation, with a focus on the Regulatory Impact Analysis regime, engagement with business, and guidance material for the Policy Development Toolkit.
    • Developing proposals for application of a standard cost model for measuring certain compliance costs, depending on the outcome of the feasibility study.
    • Developing a methodology for examining regulation and compliance cost issues on a sectoral basis, taking into account the standard cost model feasibility study and the need to improve engagement with the business community, and apply the methodology to selected sectors.
  • Standards and Conformance
    • Following the release of a public discussion document, conducting Stage 4 of the review on the strengths and weaknesses of New Zealand's standards and conformance infrastructure.
  • Multilateral, Regional, Bilateral Trade Agreements
    • Building effective relationships with the Chinese regulatory system, particularly the Chinese General Administration for Quality Supervision, Inspection and Quarantine (AQSIQ), with a view to reducing transaction costs and improving access for exporters of goods and services, with particular priority on advancing a Mutual Recognition Arrangement (MRA) on electrical safety and electro-magnetic compatibility.
    • Providing policy and technical advice and negotiating expertise on tariffs, trade remedies, rules of origin, intellectual property, competition, and government procurement for the Free Trade Agreement (FTA) negotiations with China, Malaysia and ASEAN.
    • Providing support for the WTO Doha negotiation and, in particular, providing direct support and technical expertise to the Chair of the WTO Rules Committee to deliver new negotiated rules in New Zealand interests.
• Environmental Policy - which relates to providing policy advice on the impact of environmental measures on economic development, with a particular focus on the Resource Management Act 1991 (RMA) and the Hazardous Substances and New Organisms Act (HSNO), climate change, and multilateral environmental agreements that impact directly on New Zealand businesses. Key areas of focus include:
  • providing advice (in conjunction with the Ministry for the Environment and other interested parties) on measures to improve the RMA, including undertaking a case study research project to understand the impacts of the RMA on economic performance; and
  • providing advice (in conjunction with the Ministry for the Environment and other interested parties) on measures to improve the operation of the HSNO for business.

Service Performance

Policy advice will be delivered as agreed with the Minister and as detailed in the Ministry of Economic Development Output Plan.

Generic quantity, quality and timeliness performance measures for all policy advice, Ministerial services and briefings supplied by the Ministry of Economic Development are detailed in Quality Standards for Policy Advice and Ministerial Servicing.

Costs: Output Class - Policy and Purchase Advice - Business Law and Competition Policy

Output Class > Administration of Trade Remedies

This output class provides investigative services to establish whether New Zealand industries require remedies to prevent injury caused by dumped or subsidised imports or sudden import surges.

The investigative service is conducted under the Temporary Safeguard Authorities Act 1987 and the Dumping and Countervailing Duties Act 1988 in relation to dumped and subsidised goods.

Service Performance

Where appropriate, comparative figures for the previous year are shown in parentheses.

Quantity

• An estimated 8 (10) product-by-country investigations, reviews and reassessments resulting from applications from New Zealand industries will be under action during 2006/2007.

This work is demand-driven, dependent on applications from New Zealand industries. It is therefore difficult to estimate numbers of applications.

Quality

Investigations and reporting will:

• be recognised by the parties involved as consistent with the requirements of either the Dumping and Countervailing Duties Act 1988 or the Temporary Safeguard Authorities Act 1987;
• provide no grounds for successful court challenges during that period; and
• provide no grounds for successful World Trade Organization dispute settlement action against New Zealand.

Timeliness

• All (100%) interested parties will be advised of essential facts and conclusions on which a final determination will be based, no later than 150 (150) days from initiation.
• All (100%) reports will be made in sufficient time to allow the Minister of Commerce to make final determinations no later than 180 (180) days from initiation of an investigation.

Costs: Output Class - Administration of Trade Remedies

Output Class > Administration of Part II Tariff Concessions

This output class provides for the administration of tariff concessions, as required under section 8 of the Tariff Act 1988, through the timely assessment of applications by importers for exemption from import duties as defined by the tariff concessions policy.

Service Performance

Where appropriate, comparative figures for the previous year are shown in parentheses.

Quantity

• Action an estimated 500 (480) applications lodged by importers.

Quality

• Processes will comply with the standards contained in current Ministerial delegations and the policies contained in the Tariff Concessions Guidance Manual, with no more than 3% (3%) of review decisions reversed on appeal.

Timeliness

• 90% (90%) of initial decisions to advertise or decline an application will be made within five (five) working days of receipt.
• 90% (90%) of final decisions on applications will be made within 10 (10) working days of the end of the advertising period.

Costs: Output Class - Administration of Part II Tariff Concessions

Output Class > Registration and Granting of Intellectual Property Rights

This output class provides services relating to the administration of legislation providing for the protection of intellectual property rights in New Zealand by granting patents under the Patents Act 1953, registering trade marks under the Trade Marks Act 2002, registering designs under the Designs Act 1953, granting plant variety rights under the Plant Variety Rights Act 1987, providing registers of information relating to intellectual property, conducting hearings, and acting as a Receiving Office for the World Intellectual Property Organisation.

Service Performance

Where appropriate, comparative figures for the previous year are shown in parentheses.

Quantity

Action estimated numbers of:

New Applications

• 5,500 (5,500) patents;
• 29,100 (24,000) trade marks (classes);
• 1,200 (1,200) designs; and
• 155 (155) plant variety rights.

Renewals

• 9,700 (8,100) patents;
• 10,800 (10,400) trade marks;
• 670 (610) designs; and
• 1,000 (1,000) plant variety rights.

Quality

• 99% (99%) of decisions to accept, grant or register intellectual property rights made by the Intellectual Property Office and the Plant Variety Rights Office will be upheld.

Timeliness

• 98% (98%) of completed applications¹⁷ will be receipted, acknowledged and a filing date confirmed within one (one) clear business day of receipt.

Costs: Output Class - Registration and Granting of Intellectual Property Rights

Output Class > Administration of Insolvencies

This output class provides services relating to the administration of bankruptcies and liquidations by the Official Assignee pursuant to the Insolvency Act 1967 and the Companies Act 1993, and the management or disposal of property restrained or forfeited under the Proceeds of Crime Act 1991, and provides enforcement functions under the Insolvency Act 1967.

Service Performance

Where appropriate, comparative figures for the previous year are shown in parentheses.

Quantity

Administer estimated numbers:

• 2,900 (2,700) bankruptcies;
• 150 (180) liquidations; and
• 40 (25) proceeds of crime orders.

Quality

• The annual average quality assurance rating for estate administration as assessed from an internal audit programme demonstrates that at least "an acceptable level" (level 2¹⁸) of compliance was achieved.

Timeliness¹⁹

To achieve a maximum percentage of case closures as measured against total cases received:

• 80% (80% bankruptcy cases; 60% liquidation cases) or more of cases that are between six months and one year old will be closed;
• 90% (90% bankruptcy cases; 85% liquidation cases) or more of cases that are between one and two years old will be closed; and
• 95% (95% bankruptcy and liquidation cases) or more of cases that are between two and three years old will be closed.

Costs: Output Class - Administration of Insolvencies

Output Class > Registration and Provision of Statutory Information

This output class provides services relating to the registration and provision of a range of documents and information required to be filed on a public record by corporate and non-corporate entities, insurance and superannuation funds, issuers of securities and holders of securities over personal property interests, motor vehicle traders, and the provision of information services related to the same. It also provides a prosecution and enforcement function under the Companies Act 1993, Securities Act 1978 and Corporations (Investigation and Management Act) 1989.

Service Performance

Where appropriate, comparative figures for the previous year are shown in parentheses.

Quantity

Companies Office

Expected numbers of documents filed:

• 55,780 (62,500) company incorporations, of which 99% (99%) will be electronic;
• 870 (950) incorporated societies, all of which are manual;
• 1,000 (1,000) incorporations of other entities, all of which are manual;
• 86,850 (90,000) name approvals, of which 99% (99%) will be electronic;
• 700 (700) prospectuses;
• 358,000 (328,500) annual returns, of which 99% (98%) will be electronic; and
• 638,000 (536,000) personal property security interest registrations;

An estimated:

• 6,477,000 projected electronic searches;
• 24,000 (20,000) company dissolutions will be actioned;
• 1,600 (2,500) incorporated society dissolutions will be actioned; and
• 2,600,000 (1,465,000) Personal Property Securities Register electronic searches will be conducted.

Insurance and Superannuation Unit

• An estimated 592 (612) Trustee Annual Reports will be filed; and
• 24 (14) new scheme registrations are expected to be actioned.

Quality

Companies Office

• 99% (99%) of documents entered into the database will be free of material errors, as defined in the Companies Office Standards,²⁰ for both electronic and manual information.
• 99% (99%) of images entered into the database will be to the required standard to ensure clarity, accuracy and completeness of the data captured.

Timeliness

• 99% (99%) of material documents²¹ will be processed within one (one) clear business day of receipt for paper documents and within 45 (45) minutes of receipt for documents filed electronically.

Costs: Output Class - Registration and Provision of Statutory Information