Nikki’s News – April 2010

Nikki’s News - April 2010
Great
Barrier
Island from Schedule Four of the Crown Minerals Act – where mining other than minimum impact activity is prohibited.

I attended the opening of Pasifika and was there on Saturday 13 March with the Prime Minister and a number of National MP’s.

Tuvalu who gave a wonderful performance with some colourful costumes.

Pasifika is a wonderful celebration of our Pacific people and heritage.


Below are some recent announcements that we have made:
Auckland
City Council Taxes
Auckland
Super
City will save $10 million a year in tax.
Auckland governance reforms would lead to a higher tax bill for ratepayers.
The council made assumptions and ignored the $100 million of tax losses that would offset any tax exposure from moving tax-free activities of councils into tax-paying CCOs.
Super
City reforms.
Auckland Service Centres
Super
City comes into being on 1 November 2010.
There will also be four local service centres and five neighbourhood service centres.
Each of the 21 local boards will also have a physical presence in its area, either at an existing service centre or a location still to be determined.
Locations of Service Centres
Mayor, councillors, head office
-
Auckland CBD
Main Service Centres
-
Auckland CBD
-
Takapuna
-
Henderson
-
Manukau
-
Orewa
-
Waiheke
Island
-
Papakura
-
Pukekohe
Neighbourhood Service Centres
-
Warkworth
-
Huapai
-
Helensville
-
Great
Barrier
Island
-
Waiuku
Key Messages
The priority the National-led Government has placed on tackling drugs and violence has been reinforced by the latest Police crime statistics.
Police are to be congratulated for solving a record number of crimes in 2009.
Much of the law and order legislation to tackle problems of violent crime in particular came into force in December 2009 so would not have had a large impact on the statistics overall.
We have given Police more manpower, more tools, and more legislative authority to roll back the influence of criminals and keep communities safe.
In 2009 Police solved more crimes than any year since electronic records began in 1978.
Key Facts
Police resolved 14,199 more offences in 2009 (215,618) than in 2008 (201,419), to increase the national resolution rate from 46.7 percent to 47.8 percent – the highest since electronic records began in 1978.
Total recorded crime per 10,000 people was lower in 2009 than it was a decade ago.
Violent offending rose 9.2 percent last year with all districts experience an increase.
The rise in the violent offending category was driven largely by recorded Family Violence, which increased 18.6 per cent (5,061 offences).
Even though there were more murders in 2009 than 2008, across a 25-year period the trend is flat. This is of course no comfort to those whose families and friends have died as a result of violent crimes.
The resolution rate for violent crimes continues to rise and is now at 82.1 percent.
New Drug offender (including methamphetamines) increased by 19.9% in 2009. This increase aligns with a greater focus on Methamphetamine.
New Zealand population in 2009 (1.1 percent).
Although it makes up less than 1 percent of recorded crime, we know that not all cases of sexual offending are reported, and this is a concern to police. We urge all victims of sexual offending to report this to police.
The Foreshore and Seabed Act 2004
The Foreshore and Seabed Act 2004 (‘the 2004 Act’) vested the ownership of the public foreshore and seabed in the Crown. This did not affect the parts of the foreshore and seabed held in private title.
The vesting extinguished any customary title (the extent of which was unknown at the time) but had no effect on customary use rights. Only Māori were affected in this way.
Māori Land Court from investigating applications relating to the foreshore and seabed and removed the High Court’s power to determine claims for customary title. Instead, the 2004 Act set up new processes for recognising two types of customary interests in the foreshore and seabed:
territorial customary rights: a new form of customary title created in law by the 2004 Act; and
customary rights: customary uses, activities and practices that do not require land ownership.
In practical terms, the foreshore is the ‘wet’ part of the beach that is covered by the ebb and flow of the tide. It does not include the dry land on the beach. It includes the beds of rivers that are part of the coastal marine area. The seabed is the bed of the sea out to 12 nautical miles. The foreshore and seabed includes the air space and water space above the land and the subsoil, bedrock and other matters below the land.
Why review the 2004 Act?
A significant number of New Zealanders do not support the 2004 Act. Some commentators, both here and overseas, have urged the government to reconsider the 2004 Act and talk with Māori about their rights and interests in the foreshore and seabed. In 2003 the overwhelming majority (94%) of submissions on the Foreshore and Seabed Bill opposed it. Approximately 95% of the 2009 submitters to the Ministerial Review Panel were unhappy with the 2004 Act in its current form.
On 16 November 2008, the National Party and the Māori Party agreed to review the 2004 Act in their Relationship and Confidence and Supply Agreement. The first step in the review was the appointment of an independent Ministerial Review Panel. It advised in June 2009 that the 2004 Act be repealed and urged that nothing be progressed without the ‘opportunity for further input from Māori, being the most affected, and the general public’.
This consultation document gives all New Zealanders the opportunity to have input into what happens next. It sets out the main options, and how progress might be made to fulfil the government’s objective of achieving an equitable balance of the interests of all New Zealanders in the foreshore and seabed. These interests include recreational and conservation interests, customary interests, business and development interests, and local government interests.
Assurances and principles
The government gives all New Zealanders these assurances:
Public access for all – access will be guaranteed for all New Zealanders subject to certain exceptions, for example, for health and safety reasons in port operational areas, or protection of wāhi tapu such as urupā (burial grounds); and
Respect for rights and interests, in particular:
Recognition of customary rights and interests – any new legislation will include recognition of customary rights and interests in order to address the disproportionate impact of the 2004 Act on customary interests;
Protection of fishing and navigation rights – fishing rights provided under fishing legislation will be protected and rights of navigation in the foreshore and seabed will be protected, subject to certain exceptions such as in harbours; and
Protection of existing use rights to the end of their term – existing use rights (eg, coastal permits and marine reserves) that operate in the foreshore and seabed will be protected to the end of their term, including any existing preferential right or rights of renewal or process right.
Any new legislation will be based on the following principles:
Treaty of Waitangi – it must reflect the Treaty of Waitangi, its principles and related jurisprudence;
Good faith – it must achieve a good outcome for all following fair, reasonable and honourable processes;
Recognition and protection of interests – it must recognise and protect the rights and interests of all New Zealanders in the foreshore and seabed;
Equity – it must provide fair and consistent treatment for all;
Access to justice – it must provide an accessible framework for recognising and protecting rights in the foreshore and seabed;
Certainty – there must be transparent and precise processes that provide clarity for all parties, including for investment and economic development; and
Efficiency – there must be a simple, transparent and affordable regime that has low compliance costs and is consistent with other natural resource management regulation and policies.
Government’s proposal
The government’s proposal is based on the longstanding belief held by most New Zealanders that everyone has a right to use and enjoy nationally iconic areas like the foreshore and seabed. The proposal recognises the range of interests and values that different parts of our community have in relation to the foreshore and seabed. These interests and values need to be accommodated and protected.
A key consideration in reviewing the 2004 Act is how to deal effectively with the issue of ownership and its impact on these interests and values. Tied up with the issue of ownership is the perception of what ownership is. There is a wide range of views, some of them inaccurate, about what ownership means and the authority, control and liability that ownership brings. Ownership is one way of providing certainty and clarity about who can do what (ie, roles and responsibilities) in the foreshore and seabed.
Depending on how it is framed, ownership can be a polarising approach to providing such certainty and clarity. It is not the only way to provide certainty and clarity.
A new approach would see us move away from the issue of ownership and adopt a more sophisticated way of balancing New Zealanders’ interests. The government proposes that, instead of identifying an owner of the foreshore and seabed, new legislation would provide that no one owns, or can own, the foreshore and seabed. The government’s proposal would not affect parts of the foreshore and seabed already held in private title. The new legislation would name the foreshore and seabed (excluding land in private title) ‘public domain/takiwa- iwi wha-nui’.
This consultation document seeks your views on this new approach.
Balancing interests
The government’s objective is to achieve an equitable balance of the interests of all New Zealanders in the foreshore and seabed. To do so, it needs to remedy the discriminatory eff ect the 2004 Act had on customary interests as compared with other interests in the foreshore and seabed.
The possibility of establishing customary title in the foreshore and seabed was extinguished by the 2004 Act, and replaced with complicated, restrictive judicial and administrative procedures.
The government’s proposal is to restore the customary title that was extinguished by the 2004 Act. New legislation would clearly set out how customary title would be recognised. This consultation document seeks your views on how this would work:
Would customary interests be determined through direct negotiations with the Crown, or in the courts?
Would the new legislation set out a series of tests to determine the nature and extent of customary interests, or allow the courts alone to determine the tests?
Would the new legislation set out awards recognising proven customary interests, or allow the courts alone to determine the awards?
The government’s proposal aims to balance customary interests and recreational and conservation interests, business and development interests, and local government interests. New legislation would specify the legal liabilities and enforcement responsibilities of all interests (such as responsibility for abandoned vehicles and rubbish). It would also specify responsibilities for managing new activities in different parts of the foreshore and seabed.
The consultation document seeks your views on the following specific proposals:
Allocation of coastal space – regional councils would continue to have the role of allocating space in the foreshore and seabed. This would be done in conjunction with those coastal hapū/iwi whose customary interests in the area have been recognised, and who have therefore received the awards relevant to the level of their interests.
Structures – there would be no impact on the ownership of existing and new structures.
Reclamations – existing decision-making processes would continue in respect of reclamations although the nature of the interest granted may change.
Local authority-owned foreshore and seabed – any foreshore and seabed owned by local authorities would be incorporated into the ‘public domain/takiwā iwi whānui’ as it is currently treated as public land.
Adverse possession and prescriptive title (’squatting’) – no person would be able to claim an interest in any part of the foreshore and seabed on the ground of adverse possession or prescriptive title.
Your input
With your input, the government can ensure that, if the 2004 Act is repealed and replaced, the interests of all New Zealanders in the foreshore and seabed will be equitably balanced.
Please take the opportunity to have your say by 5.00pm, Friday 30 April 2010.
You can find out more here.
Future Focus – Welfare Reform
New Zealand families. It should support people when they are most in need, encourage them to get back to work, and act when they don’t take responsibility for themselves and the people who depend on them.
But long-term welfare dependency imprisons beneficiaries in a life of limited income and limited choices.
That’s why National campaigned on improving our benefit system. We believe that every New Zealander who can work should be working. We want a welfare system that is fair, that improves outcomes for beneficiaries, and supports economic growth.
With this in mind, the National-led Government has announced our Future Focus package for benefits, aimed at rebalancing obligations and support, and bringing an unrelenting focus on work.
Under Future Focus, we are introducing a number of new obligations.
There will be new part-time work obligations for people on the Domestic Purposes Benefit (DPB) with a youngest child aged over six, and for people on a Sickness Benefit who have been medically assessed as being able to work part-time. We are also introducing more graduated sanctions for people who don’t comply with their work obligations.
We are changing the Unemployment Benefit so that after 12 months, a recipient must reapply. And we’re introducing more rigorous reassessments for Sickness Beneficiaries to get people back to work as soon as they are able.
Future Focus also provides more support for those who need it.
We are boosting childcare options for sole parents by expanding out-of-school support for children aged 5-13, and providing more training support for sole parents on the DPB.
We will pass legislation to ensure benefits rise in line with inflation.
And recipients of the DPB and Invalids Benefit will be able to earn $100 a week instead of $80 before their benefits are affected. This will provide incentives to work part-time and gain work skills.
We are also setting up a Welfare Working Group. This will be made up of social policy experts and community representatives, and will advise the Government on ways to reduce long-term welfare dependency.
Our Future Focus package can make a big difference. If we can help into work just 5 per cent of sole parents with a youngest child aged over six this would save almost $200 million over a decade.
National is committed to our welfare system. Future Focus will help ensure that welfare is a safety net for families, assists people to get back to work, and provides a brighter future for beneficiaries – and all New Zealanders.
You can see more here.
Getting more bang for your buck in tertiary education
Education is critically important. Improving the skills and qualifications of young New Zealanders is one of the keys to lifting our economic performance, boosting wages, and providing the high-quality public services that Kiwi families need.
New Zealand is world class. And that’s why we want to address the urgent problems in the sector.
Our tertiary institutions offer more than 6000 different qualifications. In many courses, more than half of students drop out or fail. Meanwhile, too many students rack up interest-free loans for courses they can’t or won’t pass.
With this in mind, Tertiary Education Minister Steven Joyce has laid out the Government’s three priorities for the sector.
New Zealand offers 6000 different qualifications. It’s likely that many of these duplicate other courses. In tourism alone, there are 123 certificate and diploma qualifications.
National will improve the quality and relevance of qualifications. This will help students get the skills they need and enhance the reputation of our qualifications abroad.
Secondly, we will tackle course completion rates. A large number of courses, particularly at certificate and diploma level have pass rates as low as 30 per cent.
In two years time, the government will move from a system that funds tertiary education purely on enrolments, to one that also takes results into account. This will provide incentives for institutions to continually lift student performance.
Our third priority is student support, and making sure that taxpayers get value for their investment in the student loan scheme.
At the moment, about 48 cents in every dollar borrowed under the scheme is eventually written off on bad debts, interest write-offs, and administration costs.
National is committed to interest free student loans, but we don’t think they should be a blank cheque. We want to see the ongoing provision of student loans linked to academic progress in the same way that student allowances are.
Nobody benefits when students continually fail their studies while borrowing more and more. Students burden themselves with debt and the taxpayer picks up much of the bill.
For all other news, photos and updates on my work around the electorate, keep an eye on my website www.nikkikaye.co.nz which is updated regularly.
My website is also an easy way to make contact with me. If you have any issues, let me know through the “Have Your Say” link on the homepage.
Best wishes,

Auckland Central

