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Policy Advice and Investigative Services: Regulatory Environment Multi Class Output Appropriation

Output Expense: Policy and Purchase Advice – Business Law and Competition Policy

Description

This output expense 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.

The outputs included in this Output Expense contributed to the following business environment outcomes: Making the most of intellectual property; Protecting dynamic competition; Promoting dynamic and trusted capital markets; Building international links; Managing our natural resources; and Promoting responsible business governance.

Quantity, Quality, Timeliness and Cost

Work Programme

Policy advice projects were delivered in accordance with the terms of the work programme as agreed with the Minister. Changes to deadlines were negotiated with the Minister.

The following outputs were included in this output expense for 2006/07:

Business Environment, Business Law and Competition Policy

This output 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. In 2006/07, this output included the following:

Business Law

Participating in the implementation of the workplace savings scheme, KiwiSaver, by contributing to the development of legislation and regulations to enact the scheme; 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

• The KiwiSaver Act was passed in October 2006. The default provider tender process was completed in December 2006. The evaluation strategy was agreed by Cabinet in December 2006.

Conducting a review of financial products and providers and, connected to this review, working with Treasury to consider the desirability of a single New Zealand prudential regulator and a trans-Tasman council to coordinate the interface between New Zealand and Australian prudential regulation

• Cabinet decisions on financial intermediaries, registration, dispute resolution and non-bank deposit takers have been made, while policy proposals are currently being prepared on securities offerings, collective investment schemes, platforms and portfolio management services, and insurance (life, general and health) for decision by Cabinet by November 2007.
• Drafting instructions are being finalised for the Financial Services Providers Registration and Dispute Resolution Bill, and the Financial Advisors Bill.

Implementing the work programme under the Memorandum of Understanding on Business Law Coordination following its review, including the following:

• Advancing the work programme on competition and consumer policy and law coordination with Australia, notably putting in place processes for information sharing, cross-appointments and enhanced policy dialogue.
  • The Commerce Commission (Information Disclosure and Fees) Bill seeks to promote greater trans-Tasman coordination in competition law. A draft of the legislation is currently being assessed in light of the Australian Bill, which was passed in early June 2007. The New Zealand Bill is anticipated to be ready for introduction in the first half of 2007/08.
  • Implementing the Trans-Tasman Mutual Recognition Arrangement (TTMRA) review recommendations.
  • A revised users' guide to the TTMRA was launched on 20 September 2006 at the CER Ministerial Meeting. Two seminars on TTMRA were conducted in November 2006 for regulators and government departments, and for registration boards. Officials continue to work with Australia to coordinate the education programme and promote the TTMRA.

Intellectual Property

Advancing the following legislative reform programmes:

• Introduction and passage of the Geographical Indications (Amendment) Bill and regulations:
  the Geographical Indications Amendment Act was passed in November 2006.
• Copyright (Digital Technology and Performers' Rights) Amendment Bill: the Copyright
  (New Technologies and Performers' Rights) Bill was introduced in December 2006 and is currently at the Select Committee stage.
• Patents Bill: the Bill's proposed introduction has been delayed pending further consultation
  and Cabinet agreement on amendments to the Bill to facilitate closer alignment with Australia.
• Plant Variety Rights Bill: the Bill has been placed on hold pending the outcome of the
  Wai 262 inquiry.

Providing advice to Government on its response to aspects of the Wai 262 claim

• The Ministry presented its evidence to the Waitangi Tribunal in December 2006 and acted
  as inter-departmental coordinator from March 2006 through to 30 June 2007.

Business Facilitation Policy

This output 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. In 2006/07, this output included the following:

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

• The Ministry has supported the Quality of Regulation Review and chaired the Interdepartmental Taskforce. In October 2006, Cabinet agreed to a strengthening of the Regulatory Impact Analysis regime, with the aim of improving the quality of regulation across government.

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 applying the methodology to selected sectors

• The Quality of Regulation Review focused on assessing the implementation of the current stock of regulations, in particular, to understand their impact on business. A number of projects involving direct engagement with businesses have been undertaken. A sector study report arising from the four sector (wine, hospitality, retail and horticulture) engagements will be included as part of the final Quality of Regulation Report in August 2007.

Developing proposals for application of a standard cost model for measuring certain compliance costs, depending on the outcome of the feasibility study

• The Government agreed in May 2006 to introduce, for a two-year period, a Business Cost Calculator (BCC) (based on an Australian model) that will enable the administrative costs of complying with proposed regulations to be calculated in a consistent way. Subsequently, officials learned that the Australian Office of Best Practice Regulation is completely revising the software on which its BCC is built. It was therefore prudent to delay the introduction of the BCC in order to work closely with Australia to develop a new calculator that will meet both jurisdictions' needs.The introduction of the BCC in New Zealand is planned for early 2008.

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

• The findings and recommendations of the Standards and Conformance Infrastructure Review were reported to the Cabinet Economic Development Committee (EDC) on 16 May 2007.

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 electromagnetic compatibility

• A draft Cabinet paper was provided to the Minister of Commerce on 28 June 2007 advising on progress and seeking a Cabinet mandate to pursue a Mutual Recognition Agreement with China on electrical equipment. The next round of MRA negotiations is scheduled to commence on 16 July 2008.

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

• Five full negotiating rounds for the China FTA were held over the 2006/07 year, with additional intersessional meetings for rules of origin, and standards and conformance. Good progress has been achieved across a range of subject areas, and the standards and conformance chapter has been completed, subject to final approvals. There are, however, some significant issues to be resolved in relation to market access (tariffs), investment, services and government procurement.
• Ministry officials participated in the following Australia/ASEAN/New Zealand FTA negotiations: 7th Round in October; Intersessional Session in November on Rules of Origin (ROO); 8th Round in March; and 9th Round in May/June. Bilateral meetings were also held with Australia.

Providing support for the World Trade Organisation (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's interests

• Ministry officials participated in six Rules Negotiating Group meetings during the year aimed at producing a text on trade rules. New Zealand's technical expertise and neutrality have been provided to the Chair of the Group in the form of acting as "Friend of the Chair". This has enabled New Zealand's offensive and defensive interests to be brought to the negotiating table.

Environmental Policy

This output 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 1996 (HSNO), climate change, and multilateral environmental agreements that impact directly on New Zealand businesses. In 2006/07, this output included the following:

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

• Aspects of local government implementation of the RMA and the Building Act 2004 are being progressed through the Quality of Regulation Review. The Ministry is also contributing to case study research with the Ministry for the Environment and Treasury on identifying the costs of the RMA implementation.

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

• During 2006/07, second-opinion advice was provided from a business perspective on sustainability projects and waste management proposals being promoted by other agencies.

Crown Entity/Statutory Board Monitoring

Monitoring and reporting on the financial and/or non-financial performance of six Crown entities and various statutory boards were provided to the Minister. This included advice on role and functions, appointments and the overall contribution of each organisation to the Government's policy objectives. As appropriate to each organisation, these were reflected through:

• the Statement of Intent;
• the Memorandum of Understanding or Purchase/Output Agreement;
• management reports (for reference as appropriate to the Minister);
• meetings and reports to the Minister; and
• the Annual Report.

In 2006/07, a total of 23 appointments were made, within agreed timelines, to Crown entity and other boards, as positions for renewal or appointment fell due.

Advice was provided on, and appointments made to, the following organisations:

Organisation	Completed Appointments
Crown Entities
Accounting Standards Review Board	1
Commerce Commission	2
Securities Commission	4
Standards Council	2
Takeovers Panel	7
Testing Laboratory Registration Council	3
Other Boards
Copyright Tribunal (MED has an appointment role only)	0
Joint Accreditation System of Australia and New Zealand	0
Pool of Lay Members of the High Court of New Zealand	4
Temporary Safeguard Authority	0
Trans-Tasman Accounting Standards Advisory Group	0

Cost (Figures are GST exclusive)	2007 Main Estimates $000	2007 Supplementary Estimates $000	2007 Actual $000	2006 Actual $000
Revenue:
Crown	9,180	12,092	11,645	10,072
Other	143	143	157	144
Total Revenue	9,323	12,235	11,802	10,216
Expenses:
Annual appropriations	9,323	12,235	11,802	10,216
Other appropriations	-	-	-	-
Total Expenses	9,323	12,235	11,802	10,216
Net Surplus/(Deficit)	-	-	-	-
Sources of Revenue Other			$000	$000
Inter-departmental cost recovery			157	137
Miscellaneous			-	7
Total Revenue Other			157	144

Major Budget Variances

The Supplementary Estimates increase reflects increased funding related to travel costs in support of WTO and FTA negotiations ($627,000), costs for running the tender process and contributing to the policy and legislative process around KiwiSaver ($300,000), a transfer to meet baseline pressures ($1,085,000) which includes the review of Parts 4, 4A and 5 of the Commerce Act 1986, airports and ports work programme, trade negotiations, intellectual property policy and the implementation of the Quality of Regulation Review, funding for the syndicated procurement unit ($500,000), funding for the Government Electronic Tenders Service ($50,000), and legal costs associated with the Treaty of Waitangi claim Wai 262 ($350,000).

The variance between 2006/07 and 2005/06 for actual expenses mainly reflects costs related to the review of Parts 4, 4A and 5 of the Commerce Act 1986, airports and ports work programme, trade negotiations and intellectual property policy, funding for the syndicated procurement unit and legal costs associated with the Treaty of Waitangi claim Wai 262.

Policy Advice and Investigative Services > Regulatory Environment Multi Class Output Appropriation

Output Expense > Administration of Trade Remedies

Description

This output expense 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.

This output contributed to the business environment outcome: Building international links.

Quantity, Quality, Timeliness and Cost

(Performance standards and forecast volumes are in brackets where applicable.)

Quantity

An estimated eight product-by-country investigations, reviews and reassessments, resulting from applications from New Zealand industries, will be under action during 2006/07

• 10 (8) product-by-country dumping investigations, resulting from applications from New Zealand industries, were conducted during the year including one review and one reassessment.

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 the period; and provide no grounds for successful World Trade Organisation dispute settlement action against New Zealand

• No parties have claimed that investigation outcomes were inconsistent with legislation; no judicial review challenges were made during the period; and no dispute settlement actions were taken against New Zealand during the reporting period.

Timeliness

• All (100%) interested parties were advised of essential facts and conclusions on which a final determination was based, no later than 150 (150) days from initiation.
• All (100%) reports were 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.

Cost (Figures are GST exclusive)	2007 Main Estimates $000	2007 Supplementary Estimates $000	2007 Actual $000	2006 Actual $000
Revenue:
Crown	1,084	1,154	1,149	1,011
Other	16	16	20	18
Total Revenue	1,100	1,170	1,169	1,029
Expenses:
Annual appropriations	1,100	1,170	1,169	1,029
Other appropriations	-	-	-	-
Total Expenses	1,100	1,170	1,169	1,029
Net Surplus/(Deficit)	-	-	-	-
Sources of Revenue Other			$000	$000
Inter-departmental cost recovery			20	17
Miscellaneous			-	1
Total Revenue Other			20	18

Major Budget Variances

The Supplementary Estimates change reflected a transfer to Administration of Trade Remedies to meet cost pressures ($70,000).

Output Expense > Administration of Part II Tariff Concessions

Description

This output expense 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, and contributed to the business environment outcome: Building international links.

Quantity, Quality, Timeliness and Cost

(Performance standards and forecast volumes are in brackets where applicable.)

Quantity

Applications by importers

• 565 (500) applications were lodged.
• A higher than anticipated number of applications were lodged by importers.

Quality

• Processes complied with the standards contained in current Ministerial delegations and the policies contained in the Tariff Concessions Guidance Manual, with less than 1% (3%) of review decisions reversed on appeal.

Timeliness

• 99% (90%) of initial decisions to advertise or decline an application were made within 5 (5) working days of receipt.
• 95% (90%) of final decisions on applications were made within 10 (10) working days of the end of the advertising period.

Cost (Figures are GST exclusive)	2007 Main Estimates $000	2007 Supplementary Estimates $000	2007 Actual $000	2006 Actual $000
Revenue:
Crown	-	-	-	-
Other	361	361	181	188
Total Revenue	361	361	181	188
Expenses:
Annual appropriations	352	352	347	352
Other appropriations	-	-	-	-
Total Expenses	352	352	347	352
Net Surplus/(Deficit)	9	9	(166)	(164)
Sources of Revenue Other			$000	$000
Concession administration fees			180	186
Inter-departmental cost recovery			1	2
Total Revenue Other			181	188

Major Budget Variances

The variance between the Supplementary Estimates and actual revenue reflected declining revenue from tariff concession application fees from importers for exemption from import duty.

Output Expense > Registration and Granting of Intellectual Property Rights

Description

This output expense 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.

This output expense contributed to the business environmental outcome: Making the most of intellectual property.

Quantity, Quality, Timeliness and Cost

(Performance standards and forecast volumes are in brackets where applicable.)

Quantity

Number of new applications:

• 6,984 (5,500) patents;
• 35,730 (29,100) trade marks;
• 1,487 (1,200) designs; and
• 150 (155) plant variety rights.

Number of renewals:

• 10,040 (9,700) patents;
• 13,229 (10,800) trade marks;
• 786 (670) designs; and
• 911 (1,000) plant variety rights.

All volumes are demand driven.

Increased demand for both trade mark and design protection from clients (both domestic and foreign) is consistent with overseas trends.

Quality

• 99% (99%) of all decisions to accept, grant or register intellectual property rights made by the Intellectual Property Office and the Plant Variety Rights Office were upheld.⁵

Timeliness

• 99% (98%) of completed applications⁶ were receipted, acknowledged and a filing date confirmed within 1 (1) clear business day of receipt.

Cost (Figures are GST exclusive)	2007 Main Estimates $000	2007 Supplementary Estimates $000	2007 Actual $000	2006 Actual $000
Revenue:
Crown	85	85	85	85
Other	11,847	12,447	13,437	12,148
Total Revenue	11,932	12,532	13,522	12,233
Expenses:
Annual appropriations	10,427	11,027	11,016	10,333
Other appropriations	-	-	-	-
Total Expenses	10,427	11,027	11,016	10,333
Net Surplus/(Deficit)	1,505	1,505	2,506	1,900
Sources of Revenue Other			$000	$000
Trade mark applications			3,483	3,016
Trade mark renewals			3,261	2,772
Patent applications			2,027	1,895
Patent renewals			3,729	3,595
Other fees			815	744
Total Fees			13,315	12,022
Inter-departmental cost recovery			67	63
Miscellaneous			55	63
Total Revenue Other			13,437	12,148

Major Budget Variances

The Supplementary Estimates change was due to marginal cost increases associated with processing higher volumes of trade marks and patents applications and renewals.

The variance between the Supplementary Estimates and actual Revenue Other has been largely
due to trade marks and patents application and renewal volumes being higher than expected.

The variance between the 2006/07 and 2005/06 actual expenses reflected the marginal cost increases associated with processing the increased volume of trade marks and patents.

Output Expense > Administration of Insolvencies

Description

This output expense 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.

This output expense contributed to the business environment outcome: Promoting responsible business governance.

Quantity, Quality, Timeliness and Cost

(Performance standards and forecast volumes are in brackets where applicable.)

Quantity

Number administered:

• 3,589 (2,900) bankruptcies;
• 151 (150) liquidations; and
• 26 (40) proceeds of crime orders.

There has been an increasing trend in the number of bankruptcies over the year.

The variance between the actual and forecast number of proceeds of crime cases reflects the justice system's ability to process cases. It is noted that a large number of cases were pending at the conclusion of the financial year, and if these were recorded in the 2006–2007 statistics, this would have made a significant difference to the actual number processed.

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 2)⁷
  of compliance was achieved.

Timeliness⁸

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

• 89% (80%) of cases that are between six months and one year old were closed;
• 96% (90%) of cases that are between one and two years old were closed; and
• 99% (95%) of cases that are between two and three years old were closed.

Targets were exceeded due to ongoing improvements/streamlining of processes and systems.

Cost (Figures are GST exclusive)	2007 Main Estimates $000	2007 Supplementary Estimates $000	2007 Actual $000	2006 Actual $000
Revenue:
Crown	9,148	9,657	9,657	8,648
Other	1,714	1,714	867	992
Total Revenue	10,862	11,371	10,524	9,640
Expenses:
Annual appropriations	10,146	10,655	10,651	9,639
Other appropriations	-	-	-	-
Total Expenses	10,146	10,655	10,651	9,639
Net Surplus/(Deficit)	716	716	(127)	1
Sources of Revenue Other			$000	$000
Fees and fines			754	883
Net gain on sale of fixed assets			-	1
Inter-departmental cost recovery			113	100
Miscellaneous			-	8
Total Revenue Other			867	992

Major Budget Variances

The Supplementary Estimates increase ($0.509 million) was to meet the increased demand for services and prepare for insolvency law reform changes.

The variance between the Supplementary Estimates and actual Revenue Other arises from the Official Assignee managing a larger number of company liquidations and bankruptcies with insufficient assets, resulting in lower than forecast commissions being received in 2006/07.

The variance between 2006/07 and 2005/06 for actual Revenue Other is a result of the increased number of bankruptcies administered by the Official Assignee with insufficient assets to realise commissions.

Output Expense > Registration and Provision of Statutory Information

Description

This output expense 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, and 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.

This output expense contributed to the business environment outcome: Promoting responsible business governance.

Quantity, Quality, Timeliness and Cost

(Performance standards and forecast volumes are in brackets where applicable.)

Quantity

Companies Office

Number of material documents filed:

• 74,247 (55,780) company incorporations, of which 99% (99%) were electronic;
• 1,004 (870) incorporated societies, all of which were manual;
• 974 (1,000) incorporations of other entities, all of which were manual;
• 107,488 (86,850) name approvals, of which 99% (99%) were electronic;
• 612 (700) prospectuses;
• 390,289 (358,000) annual returns, of which 98% (99%) were electronic; and
• 575,141 (638,000) personal property security interest registrations.

All volumes are demand driven.

Other services:

• 7,685,940 (6,477,000) electronic searches;
• 34,237 (24,000) company dissolutions were actioned;
• 863 (1,600) incorporated society dissolutions were actioned; and
• 2,696,996 (2,600,000) Personal Property Securities Register electronic searches.

The increase in electronic searches (19% over projected searches) reflects the impact of the removal of the $1 fee for searches and the launch of a new website with improved ease of use functionality.

The increase in companies requesting removal from the register reflects a more effective and timely compliance process coupled with an overall increase in registry activity.

Insurance and Superannuation Unit

• 578 (592) Trustee Annual Reports were filed; and
• 29 (24) new scheme registrations were actioned.

The Government Actuary, supported by the Insurance and Superannuation Unit (ISU), commenced the administration of new statutory functions provided for in the KiwiSaver Act 2006. In addition to attending to the registration of KiwiSaver schemes, the ISU received and considered exempt employer applications and applications from existing registered superannuation schemes to be complying superannuation funds.

Quality

Companies Office

• 99% (99%) of documents entered into the database were free of material errors, as defined in the Companies Office Standards,⁹ for both electronic and manual information; and
• 100% (99%) of images entered into the database were to the required standard to ensure clarity, accuracy and completeness of the data captured.

Timeliness

• 100% (99%) of material documents¹⁰ were processed within 1 (1) clear business day of receipt for paper documents and within 45 (45) minutes of receipt for documents filed electronically.

Cost (Figures are GST exclusive)	2007 Main Estimates $000	2007 Supplementary Estimates $000	2007 Actual $000	2006 Actual $000
Revenue:
Crown	467	492	492	149
Other	10,245	11,634	11,846	11,336
Total Revenue	10,712	12,126	12,338	11,485
Expenses:
Annual appropriations	16,599	17,613	17,603	17,166
Other appropriations	-	-	-	-
Total Expenses	16,599	17,613	17,603	17,166
Net Surplus/(Deficit)	(5,887)	(5,487)	(5,265)	(5,681)
Sources of Revenue Other			$000	$000
Annual return fees			180	1,382
Internet searching fees			2,491	2,593
Incorporation of companies			3,500	3,064
PPSR registration			1,908	1,686
Name approval			1,031	924
Motor Vehicle Traders registration			1,085	-
Late filing fees			465	457
Other fees			1,024	1,053
Total Fees and Fines			11,684	11,115
Net gain on sale of fixed assets			-	13
Inter-departmental cost recovery			140	176
Miscellaneous			22	32
Total Revenue Other			11,846	11,336

Major Budget Variances

The Supplementary Estimates increase in expenditure was primarily due to marginal cost increases associated with higher volumes of company incorporation and Personal Properties Securities Register activities.

The variance between 2006/07 and 2005/06 for actual expenses reflected the marginal cost increases associated with processing an increase in volume and additional emphasis placed on client education.

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