Dr JIAN YANG to the Minister of Finance: What changes has the Government made in recent years to make the tax system fairer and to help families and businesses get ahead?
Rt Hon WINSTON PETERS to the Minister of Internal Affairs: On what basis was the recall and cancellation of New Zealand Passport LN138690 undertaken?
Hon DAVID PARKER to the Associate Minister of Finance: Does he still believe that a 33 cent top marginal income tax rate is the reason for fewer departures to Australia in 2014?
CATHERINE DELAHUNTY to the Minister of Education: Did she write a new preference factor for Partnership School applicants on the 14 November education report "Confirming Round Two of Applications to Operate Partnership Schools"; if so, on what advice?
CHRIS AUCHINVOLE to the Minister of Conservation: What reports has he received on the extent of the damage to West Coast forests from Cyclone Ita and what estimates are there of the area affected and the volume of wood felled?
PHIL TWYFORD to the Minister of Housing: How many homes out of the 5,000 earthquake damaged Housing New Zealand homes have completed repairs as part of its Repair 5000 programme?
TIM MACINDOE to the Minister of Education: What recent announcements has she made to celebrate and recognise highly effective and innovative practice happening across the education system?
Hon PHIL GOFF to the Minister of Defence: Has there been a reduction in the capacity of the Army in the last three years to sustain an overseas deployment; if so, why?
MELISSA LEE to the Minister for Social Development and Employment: What support is the Ministry of Social Development providing to people in Christchurch still dealing with the impact of the earthquakes?
GARETH HUGHES to the Minister of Conservation: Does he agree with the statement given on behalf of the Minister of Energy and Resources that "there has not been a single observation of a Māui's dolphin in the block offer area"?
CAROL BEAUMONT to the Minister of Justice: Given the magnitude of the problem of family violence, is it acceptable to her that none of the Family Violence Death Review Committee's recommendations from their last annual report have been completed, and no action has been taken on a number of recommendations around funding family violence training for professionals, and addressing the need for better multi-agency practice addressing family violence?
KANWALJIT SINGH BAKSHI to the Minister of Statistics: What is the Government doing to modernise the next census?
1. Rt Hon WINSTON PETERS to the Prime Minister: Has he had time to read and digest the judgement of Justice Miller regarding the Crafar farm deal; if so, does he stand by his comments made in the House yesterday?
2. Hon DAVID PARKER to the Minister for Land Information: Does he believe he and the Government have conducted themselves competently and appropriately in relation to the decision to approve the purchase of the Crafar farms by a foreign buyer; if not, what did they do wrong?
3. JONATHAN YOUNG to the Minister of Finance: What reports has the Government issued on the economy?
4. JACINDA ARDERN to the Minister for Social Development: Does she have confidence that Work and Income meets their own "case management approach" expectations?
5. JAN LOGIE to the Minister for Social Development: Does she have concerns that changes to the eligibility for the Training Incentive Allowance are causing single parent beneficiaries to consider working in the sex industry?
6. Dr CAM CALDER to the Minister of Health: What improvements have there been to services for patients as a result of greater collaboration between District Health Boards?
7. Hon CLAYTON COSGROVE to the Minister for State Owned Enterprises: Does he still intend to sell 49 per cent of the four State-owned energy companies?
8. JAMI-LEE ROSS to the Minister of Local Government: What analysis has he received on rate increases across New Zealand's 78 councils following the enactment of new local government legislation in 2002?
9. Hon LIANNE DALZIEL to the Minister for Canterbury Earthquake Recovery: Does he stand by the part of his statement of 27 January, announcing the extension of the red zone offer to retirement villages, that letters of offer would be sent to each resident and CERA would work with village owners as quickly as possible to ensure the residents are assisted; if not, why not?
10. Dr RUSSEL NORMAN to the Minister for Land Information: Did Overseas Investment Office officials meet with Chinese political consul Cheng Lei late last year; if so, did they discuss Shanghai Pengxin's bid for the Crafar farms?
11. CLARE CURRAN to the Minister of Broadcasting: What is the name of the documentary which was withheld in the papers released publicly by NZ On Air titled "Records of decisions made at working group meeting"?
12. Hon TAU HENARE to the Minister for Economic Development: What progress has he made declaring the Volvo Ocean Race Stopover a major event under the Major Events Management Act 2007?
Hon PAULA BENNETT to the Prime Minister: Does he have confidence in all his Ministers? WILLOW-JEAN PRIME to the Minister of Finance: Will this Government’s policies help transition the economy; if so, how? Hon AMY ADAMS to the Associate Minister of Finance: What is the purpose of the Overseas Investment Amendment Bill? Hon MARK MITCHELL to the Minister of Justice: Does he stand by his statement in answer to Oral Question No 8 on Tuesday that “The member is alluding to the offender I referred to in a question last week, relating to the pinching of a prison officer’s bottom”? Dr DUNCAN WEBB to the Minister for Greater Christchurch Regeneration: What announcements has she made about learning the lessons from the Canterbury earthquake sequence to help New Zealanders prepare for the future? Hon PAULA BENNETT to the Minister for Women: Is it her responsibility to stand up for and improve the outcomes for women in New Zealand? PRIYANCA RADHAKRISHNAN to the Minister for Social Development: Will low- and middle-income families be better off because of the Families Package; if so, how? JAMI-LEE ROSS to the Minister of Transport: Does he stand by all his statements, actions, and legislative drafting instructions on matters to do with fuel taxes? ANGIE WARREN-CLARK to the Minister for the Environment: Is the Government assisting the primary sector and regional councils in measuring nutrient use and greenhouse gas emissions; if so, how? Hon ALFRED NGARO to the Minister for Children: Does she stand by her Ministry’s policies and actions in finding caregivers for children in care? Hon Dr NICK SMITH to the Minister for Ethnic Communities: Are the statements in the Onehunga Community News that “The Office of Ethnic Communities is moving into premises in Onehunga, which will be shared with list MP Priyanca Radhakrishnan” and the quote by her parliamentary under-secretary saying, “We’ve boosted support that we’re providing in terms of connecting with ethnic communities, so we have more staff members working in our ethnic communities’ outreach teams” correct? MARK PATTERSON to the Minister for Trade and Export Growth: What announcements has the Government made regarding trade with the European Union?
SHANE ARDERN to the Minister of Finance: What reports has he received on the economy?
DAVID SHEARER to the Prime Minister: Does he expect all his Ministers to comply with the responsibilities set out in the Cabinet Manual?
JONATHAN YOUNG to the Minister of Justice: What steps is the Government taking to improve public services in law and order?
GRANT ROBERTSON to the Minister of Local Government: Will he take the same approach to compliance with the Cabinet Manual as Minister for Local Government as he did as Minister for ACC?
DENIS O'ROURKE to the Minister for Canterbury Earthquake Recovery: Does he stand by all his recent statements?
EUGENIE SAGE to the Prime Minister: Does he stand by his statement, “I am not going to do something silly with the Department of Conservation estate”?
Hon DAVID CUNLIFFE to the Minister for Economic Development: What, if any, are the capital costs, write-downs and redundancy costs expected from the merger of the Ministry of Economic Development with the Ministry of Science and Innovation, Department of Labour and Department of Building and Housing?
Dr PAUL HUTCHISON to the Minister of Health: What progress is being made in relation to the Government’s key result of increasing infant immunisation rates and reducing the incidence of rheumatic fever?
Hon MARYAN STREET to the Minister of Health: Does he support Pharmac’s provisional decision to engage Auckland company, Pharmaco, to be the sole supplier of new diabetic meters?
PESETA SAM LOTU-IIGA to the Minister for Social Development: Has she received any reports on the Future Focus welfare changes in 2010?
Hon PHIL GOFF to the Minister of Foreign Affairs: Have New Zealand heads of mission overseas been recalled to a meeting in Wellington on 2 April, and if so what is the cost of holding this meeting?
Dr KENNEDY GRAHAM to the Minister for Climate Change Issues: Is he concerned by a recent report of an international team of scientists that, even with a two degree celsius rise in average global temperature, future generations could face sea levels of up to 12 to 22 metres higher than at present?
Questions to Ministers
1. PESETA SAM LOTU-IIGA to the Minister of Finance: What progress has the Government made in building a more competitive economy and getting on top of New Zealand's longstanding reliance on foreign debt?
2. Hon PHIL GOFF to the Prime Minister: Does he have confidence in his Minister of Finance?
3. KEVIN HAGUE to the Prime Minister: Does he stand by all his statements regarding the safety of mining in New Zealand; and does he consider his Government has met all its responsibilities arising out of the Pike River mine disaster?
4. Hon DAVID CUNLIFFE to the Minister of Finance: What are the latest official forecasts for the current account balance and the net international investment position over the next four years under his Government's policies?
5. JONATHAN YOUNG to the Minister of Justice: What progress has been made on the development of alternative court processes for child witnesses?
6. Hon CLAYTON COSGROVE to the Minister of Finance: In light of his statement yesterday regarding foreign-owned assets that "we need to generate the kind of savings that will help New Zealand buy back those assets", is it still the Government's policy to sell State assets if it is re-elected, given that up to 30 percent of the shares he proposes selling could go to overseas buyers?
7. Hon JOHN BOSCAWEN to the Minister of Finance: Does he think that implementing the 2025 Taskforce's recommendations in November 2009 would have avoided New Zealand's double credit downgrade; if not, why not?
8. GRANT ROBERTSON to the Minister of Health: Has he been advised of a reduction in funding for home-based health support services in the Wellington region?
9. TIM MACINDOE to the Minister of Corrections: Has she received any progress reports on the implementation of the Government's Prisoner Skills and Employment Strategy?
10. STUART NASH to the Minister of Finance: By how many percent has the GDP per capita gap between Australia and New Zealand widened since his Government took office?
11. NIKKI KAYE to the Minister for Communications and Information Technology: How many schools will benefit from ultra-fast broadband in the first year of the roll-out?
12. BRENDON BURNS to the Minister for Canterbury Earthquake Recovery: Does he stand by all of his statements on Canterbury's earthquake recovery?
Questions to Members
1. SU'A WILLIAM SIO to the Chairperson of the Social Services Committee: Will she call a meeting to consider the Inquiry into the identification, rehabilitation, and care and protection of child offenders; if not, why not?
In September 2010 and February 2011 the Canterbury region of New Zealand was struck by two powerful earthquakes, registering magnitude 7.1 and 6.3 respectively on the Richter scale. The second earthquake was centred 10 kilometres south-east of the centre of Christchurch (the region’s capital and New Zealand’s third most populous urban area, with approximately 360,000 residents) at a depth of five kilometres. 185 people were killed, making it the second deadliest natural disaster in New Zealand’s history. (66 people were killed in the collapse of one building alone, the six-storey Canterbury Television building.) The earthquake occurred during the lunch hour, increasing the number of people killed on footpaths and in buses and cars by falling debris. In addition to the loss of life, the earthquake caused catastrophic damage to both land and buildings in Christchurch, particularly in the central business district. Many commercial and residential buildings collapsed in the tremors; others were damaged through soil liquefaction and surface flooding. Over 1,000 buildings in the central business district were eventually demolished because of safety concerns, and an estimated 70,000 people had to leave the city after the earthquakes because their homes were uninhabitable. The New Zealand Government declared a state of national emergency, which stayed in force for ten weeks. In 2014 the Government estimated that the rebuild process would cost NZ$40 billion (approximately US$27.3 billion, a cost equivalent to 17% of New Zealand’s annual GDP). Economists now estimate it could take the New Zealand economy between 50 and 100 years to recover. The earthquakes generated tens of thousands of insurance claims, both against private home insurance companies and against the New Zealand Earthquake Commission, a government-owned statutory body which provides primary natural disaster insurance to residential property owners in New Zealand. These ranged from claims for hundreds of millions of dollars concerning the local port and university to much smaller claims in respect of the thousands of residential homes damaged. Many of these insurance claims resulted in civil proceedings, caused by disputes about policy cover, the extent of the damage and the cost and/or methodology of repairs, as well as failures in communication and delays caused by the overwhelming number of claims. Disputes were complicated by the fact that the Earthquake Commission provides primary insurance cover up to a monetary cap, with any additional costs to be met by the property owner’s private insurer. Litigation funders and non-lawyer claims advocates who took a percentage of any insurance proceeds also soon became involved. These two factors increased the number of parties involved in any given claim and introduced further obstacles to resolution. Resolving these disputes both efficiently and fairly was (and remains) central to the rebuild process. This created an unprecedented challenge for the justice system in Christchurch (and New Zealand), exacerbated by the fact that the Christchurch High Court building was itself damaged in the earthquakes, with the Court having to relocate to temporary premises. (The High Court hears civil claims exceeding NZ$200,000 in value (approximately US$140,000) or those involving particularly complex issues. Most of the claims fell into this category.) This paper will examine the response of the Christchurch High Court to this extraordinary situation as a case study in innovative judging practices and from a jurisprudential perspective. In 2011, following the earthquakes, the High Court made a commitment that earthquake-related civil claims would be dealt with as swiftly as the Court's resources permitted. In May 2012, it commenced a special “Earthquake List” to manage these cases. The list (which is ongoing) seeks to streamline the trial process, resolve quickly claims with precedent value or involving acute personal hardship or large numbers of people, facilitate settlement and generally work proactively and innovatively with local lawyers, technical experts and other stakeholders. For example, the Court maintains a public list (in spreadsheet format, available online) with details of all active cases before the Court, listing the parties and their lawyers, summarising the facts and identifying the legal issues raised. It identifies cases in which issues of general importance have been or will be decided, with the expressed purpose being to assist earthquake litigants and those contemplating litigation and to facilitate communication among parties and lawyers. This paper will posit the Earthquake List as an attempt to implement innovative judging techniques to provide efficient yet just legal processes, and which can be examined from a variety of jurisprudential perspectives. One of these is as a case study in the well-established debate about the dialogic relationship between public decisions and private settlement in the rule of law. Drawing on the work of scholars such as Hazel Genn, Owen Fiss, David Luban, Carrie Menkel-Meadow and Judith Resnik, it will explore the tension between the need to develop the law through the doctrine of precedent and the need to resolve civil disputes fairly, affordably and expeditiously. It will also be informed by the presenter’s personal experience of the interplay between reported decisions and private settlement in post-earthquake Christchurch through her work mediating insurance disputes. From a methodological perspective, this research project itself gives rise to issues suitable for discussion at the Law and Society Annual Meeting. These include the challenges in empirical study of judges, working with data collected by the courts and statistical analysis of the legal process in reference to settlement. September 2015 marked the five-year anniversary of the first Christchurch earthquake. There remains widespread dissatisfaction amongst Christchurch residents with the ongoing delays in resolving claims, particularly insurers, and the rebuild process. There will continue to be challenges in Christchurch for years to come, both from as-yet unresolved claims but also because of the possibility of a new wave of claims arising from poor quality repairs. Thus, a final purpose of presenting this paper at the 2016 Meeting is to gain the benefit of other scholarly perspectives and experiences of innovative judging best practice, with a view to strengthening and improving the judicial processes in Christchurch. This Annual Meeting of the Law and Society Association in New Orleans is a particularly appropriate forum for this paper, given the recent ten year anniversary of Hurricane Katrina and the plenary session theme of “Natural and Unnatural Disasters – human crises and law’s response.” The presenter has a personal connection with this theme, as she was a Fulbright scholar from New Zealand at New York University in 2005/2006 and participated in the student volunteer cleanup effort in New Orleans following Katrina. http://www.lawandsociety.org/NewOrleans2016/docs/2016_Program.pdf
