Divorce, liquor, parental leave - 3 MPs hoping to change the law

Allowing both parents to take parental leave at the same time, a ban on alcohol sponsorship and advertising in live or broadcast sports and scrapping a two-year wait for divorce for survivors of domestic violence are among the many proposals MPs from New Zealand's Parliament want to make law.

Some of New Zealand's most high profile laws - from marriage equality for same-sex couples to assisted dying - have come about because of member's bills.

Until 2020, some of those bills have had to wait years to be pulled out of a biscuit tin for Parliament's consideration, if they ever get picked at all. But, an update to Parliament's rules - known as Standing Orders - now allows the bills to bypass the ballot if it has the support of 61 MPs who aren't Ministers.

Nearly two years after a change to Parliament's rules to allow MPs who aren't Ministers to propose changes in the law without relying on pure luck, none have yet officially received enough cross-party support to do so.

1News spoke to three MPs hoping to get their member's bills considered by Parliament.

Kiwi parents are entitled to 26 weeks of paid parental leave each after the birth of a child. While parents can share the leave with each other, meaning someone could take up to 52 weeks off work, the leave can't be taken simultaneously.

National's deputy leader Nicola Willis wants to change that with her Parental Leave and Employment Protection (Shared Leave) Amendment Bill. It proposes to keep the maximum leave entitlement at 52 weeks, but allow parents to overlap when they take their leave if they choose to.

She said the inspiration for the bill came from the "sheer frustration" she'd been hearing from parents who wanted more choices.

"It's a really classic example of a member's bill where a small legal change would make a big social difference," Willis said.

She said the changes wouldn't cost businesses extra money because maximum leave entitlements would stay the same.

"It's about letting people make that choice; people's circumstances are so different. One example that's been brought to my attention is people who suffer a birth injury and really want their partners around to support them, but their partner can't access leave to do that."

Willis said she planned to write to MPs across the political spectrum to build support for it, or for it to be picked up as a Government bill. Willis herself is the only MP to have formally recorded their support for the bill so far.

If the bill isn't taken up by the Government, National would make the change in its first term if it made it back into Government in the 2023 election, Willis added.

Business NZ chief executive Kirk Hope said parents being able to share parental leave would provide flexibility and work-life balance.

“Over the past few years, working arrangements have flexed like never before. This bill is in line with newer ways of working.”

Green MP Chlöe Swarbrick wants to see a ban on alcohol sponsorship and advertising in live or broadcast sports and sports venues under her Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill.

It follows recommendations made by a Ministerial Forum on Alcohol Advertising and Sponsorship in 2014, and further research around children's high exposure to alcohol marketing. including through sports sponsorship. Researchers noted the findings were concerning as there is evidence it is associated with youth alcohol consumption.

The member's bill also abolishes appeals to local alcohol policies. It's an attempt to tip the balance back to councils around the country that have been trying to put the policies in place but have found themselves in drawn-out legal battles at times against liquor stores and supermarkets who argue it's unreasonable.

Swarbrick said it was about putting in place "sensible regulations that give power back to communities across Aotearoa to govern where liquor outlets are popping up".

While some sports teams had decided by themselves to reject money from alcohol companies, blanket legislation was needed to bring change across the board, she said.

Justice Minister Kris Faafoi had indicated Government would review the rules around how alcohol was sold in the coming month.

But, Swarbrick said her bill was necessary because "reviews don't guarantee action".

To help sports teams transition away from alcohol sponsorship, which was valued in New Zealand in 2015 at $21.3 million, Swarbrick suggested that the Government could front up with cash for the teams or introduce a one cent levy on alcoholic drinks.

"We saw similar fears raised by those in the tobacco lobby back in the 1990s that this would see the sky fall in and all of this money pulled out of sports. But, that obviously didn't ring true."

In the past month, Swarbrick headed to the country's biggest councils - Auckland and Christchurch City - to try and rally support for the bill. Councillors from both cities voted in favour of supporting the bill.

In her presentation to Auckland's councillors, Swarbrick was joined by health officials who outlined the harm drinking was having in their communities and the millions of dollars that cost hospitals.

"I was hoping through seeking the endorsement and support of local authorities across the country who are really close on the ground on this that we would be able to cut through the log jam [of the member's bill ballot] and showcase politicians… that there's an opportunity here to do something that their local communities actually want to see happen," Swarbrick said.

She said Te Pāti Māori was supportive of the bill. Swarbrick was now in the process of speaking with Labour and National backbenchers.

Industry group NZ Alcohol Beverages Council said the bill's removal of the right for alcohol companies to appeal "should be viewed with extreme caution".

Executive director Bridget MacDonald also said the industry was already "heavily regulated" when it came to the sponsorship and advertising of alcohol.

"Instead of restricting the right of legitimate businesses to promote their product in lawful and socially responsible ways, we would be better served by accelerating the changes we are already seeing toward moderate and responsible consumption," she said.

One of the closest member's bills to reach the threshold of 61 comes from Labour's Angie Warren-Clark.

Normally, to divorce or dissolve a civil union, people have to prove they've been living apart from their ex-partner for two years. Warren-Clark's member's bill amends current divorce laws to remove that wait time for survivors of domestic violence where there's a conviction or final protection order.

Before becoming an MP in 2017, Warren-Clark was a manager at Tauranga Women's Refuge. She said she'd worked with women who faced ongoing abuse and violence as a consequence of having to wait that time.

So, she said a change in the law would make a big difference to the safety of survivors.

"It means you can be free of that violence without having that perpetuation of violence continue over the two years while you are waiting for this process of being completely and legally divorced from someone."

As for why she wanted to change divorce legislation through a member's bill, rather than a Government bill, she said the laws around marriage and family court proceedings needed to be looked at "as a huge package".

"Member's bills are just little, discrete pieces of change - they're significant in their own way, but they don't fundamentally change the way we do things.

"Constitutionally, changing something like the automatic two-year wait for marriage needs to be looked at fully and thoroughly. This little carve-out just enables some real safety enhancements for those families."

Warren-Clark needs five more MPs to be able to introduce the Family Proceedings (Dissolution for Family Violence) Amendment Bill to Parliament without having to rely on the ballot. She already has the backing Labour, ACT and Green Party MPs.

She said Te Pāti Māori had indicated their support for the bill in principle. As for National, there was some delay because of leadership changes.

On Thursday, National's Chris Bishop offered to co-sponsor Warren-Clark's bill - should this offer be accepted, National will support the fast-tracking of it, allowing it to jump the requirement to be pulled from the ballot.