RWC Empowering Bill introduced

Temporary legislation enabling timely consent and regulatory approvals necessary for the 2011 Rugby World Cup was introduced to Parliament today by Rugby World Cup Minister Murray McCully.

The Rugby World Cup 2011 (Empowering) Bill sets up a new Authority, provides for urgent consents, and establishes a liquor licensing scheme.

“This Bill is necessary because existing approval processes are not sufficient to cater for the extraordinary requirements that the tournament demands. The Bill does not look to alter the criteria for consenting decisions, but simply to expedite the process for approvals,” Mr McCully said.

“The Rugby World Cup is one of the largest sporting events in the world, and will be the largest event ever staged in New Zealand. Up to 85,000 international visitors will come here in the six-week period, and tens of thousands of New Zealanders will also attend games and special RWC fan zones.

“The hosting requirements for an event of this scale present significant challenges. Time-critical temporary activities and facilities will require a wide range of consents, licences, and regulatory approvals that existing processes are not suited to address.

“This is because of the long timeframes needed for some approval processes; the risk of capacity constraints arising within some consenting authorities, and the likelihood that urgent approvals may be needed to resolve unforeseeable circumstances during the tournament.

“Because of the scale of the event, particularly during its final stages, there will be a heavy reliance on temporary infrastructure that is unprecedented.”

Mr McCully noted there was a precedent for such legislation in the America’s Cup (Planning) Act 1989.

“In relation to the sale of liquor provisions, the Bill will provide a regulatory framework for those holding a RWC liquor licence which will enable responsive management of RWC events whilst reducing the potential for alcohol-related harm.

“The Rugby World Cup will present a range of hospitality and hosting opportunities for New Zealand. This legislation is required to ensure we can adequately meet the requirements of various events, and take full advantage of the opportunities presented by hosting the tournament,” Mr McCully said.

KEY POINTS OF THE RUGBY WORLD CUP 2011 (EMPOWERING) BILL

RWC AUTHORITY
Membership
• Members appointed by the Minister for the Rugby World Cup, in consultation with other ministers (Economic Development, Justice, Environment)
• Comprised of subject matter experts chaired by a lawyer of seven years’ standing
• Operates on cost-recovery basis; fees to be determined in regulations. Secretariat services to be provided by Territorial Local Authorities
• Will be dissolved after the conclusion of the RWC

Powers
• The RWC Authority will determine applications for temporary approvals for activities that are already permissible through existing legislation. The Authority offers an expeditious alternative to existing processes
• The Authority can determine applications for activities and facilities that are “reasonably necessary for the proper conduct of RWC 2011”, and “test events” such as, for example, the proposed 2011 Bledisloe Cup match at Eden Park
• The Authority can only consider applications for activities and facilities if it is unlikely that an approval could be obtained in time under ordinary processes
• The Authority can declare activities (and classes of activities) to be “RWC permitted activities” – meaning no application for approval is required
• The Authority can approve changes to conditions of approvals and declarations

URGENT APPROVAL POWERS
• The Bill includes two provisions to deal with urgent applications for unforeseen approvals necessary for or during RWC (ie. where there is not time to follow ordinary approval processes): on the recommendation of the RWC Authority, the Governor-General may prescribe “RWC permitted activities” by Order in Council, or the RWC Minister may grant urgent approvals
• The urgent approval powers are only available for a limited period of time leading up and including the RWC tournament window
• Both powers can only be exercised at the recommendation of the RWC Authority, and require consultation with responsible portfolio ministers

RWC LIQUOR LICENSING SCHEME
• The Bill establishes a temporary alternative to the existing regime set out in the Sale of Liquor Act 1989
• Any person who is eligible to hold a liquor licence under the Sale of Liquor Act 1989 may apply to the Authority for a temporary RWC liquor licence. On-licences granted under the Sale of Liquor Act will not be affected by the Bill, unless the holder of an on-licence applies for and is grated a RWC liquor licence, in which case the RWC liquor licence will replace the on-licence for the period that it is in effect
• The RWC liquor licence is necessary to cater for the extraordinary temporary hospitality requirements during the Rugby World Cup
• It provides for a wider range of mandatory and discretionary licence conditions; e.g. maximum number of patrons to be admitted to a venue; controls over the size and type of drinks that may be sold, mandatory requirement for free drinking water
• Also provides for greater powers of enforcement, including the ability to have an application for variation, suspension, or cancellation of a Rugby World Cup liquor licence to be considered and determined within 24 hours
• The Police support the introduction of a temporary, single regime for determining RWC liquor licences

ENDS

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