Assessing the quality of Govt’s 100-day policy bonanza

It’s finally been 100 days since this coalition government formed, and with the jam-packed, urgency-ridden programme, you could be forgiven for thinking 1000 days has passed.

That may be a roundabout way of acknowledging just how busy this new government has been, especially in pursuit of ticking off all 49 (the prime minister has never explained why 49 and not a nice round symmetrical 50) so-called “action points”.

On Friday, a surely tired Prime Minister stood next to an undoubtedly weary health minister to announce to a group of jaded journalists that they’d done it: they’d delivered on every single one of those policy promises.

“We committed to 49 actions in 100 days, and we have delivered 49 actions in 100 days,” Christopher Luxon said.

This comment would suggest the issue is cut and dried. But a closer examination of the plan calls into question the quality of some of these policy milestones.

Vague language such as “start work” or “begin work” is used liberally, with these types of actions making up 21 of the action points (more than 40 percent).

Meanwhile, 24 of the 49 actions (almost 50 percent) were promises to repeal, stop or reverse previous government legislation.

However, there was also substantial new policy work, and entire bills passed through the House. Some of this calls into question the use of urgency to meet an arbitrary, political and self-imposed 100-day deadline (you can read more from Newsroom on this here).

As these things are never as simple as they first appear, Newsroom journalists decided to delve deep into the areas they cover, and rate each of the 49 action points on quality. Because we, like the Prime Minister, are ruthlessly focused on measuring outcomes.

Criteria for analysing each policy includes whether the promise was met and what that means in terms of material changes to legislation, resourcing or new policy work.

We’ve also included a handy star rating. And in case you’re wondering, the overall average star rating of the Government’s 100-day plan comes in at 3.3 stars – above average.

Rebuild the economy and ease the cost of living

Stop work on the Income Insurance Scheme

In February 2023 the previous government had already put the work on hold, just weeks before legislation was to be introduced to Parliament. Labour leader Chris Hipkins’ decision came as part of a broader policy reprioritisation after he succeeded Jacinda Ardern as the country’s leader on January 25.

Stop work on Industry Transformation Plans

Work on the Plans, all in different stages across the eight various industries, was cancelled.

Stop work on the Lake Onslow pumped hydro scheme

This was the first action undertaken by the new Government in pursuit of its 100-day plan, way back in early December. The Lake Onslow project is now dead, but Energy Minister Simeon Brown has yet to decide whether the alternative to Onslow – a portfolio of flexible geothermal energy and burning wood chips at Huntly Power Station – will continue to be worked on.

Begin efforts to double renewable energy production, including drawing up a national policy statement on renewable electricity generation.

This was always a low bar – what exactly counts as “beginning efforts” to do something? The Government says it has ticked this off by seeking advice from officials on a new National Policy Statement on Renewable Electricity, but that means the previous government’s regulations have been put aside for now. In the meantime, the lack of certainty will keep the sector from moving forward with confidence in investing in new green power sources.

Withdraw central government from Let’s Get Wellington Moving (LGWM)

In December the entire $7.4 billion project was dissolved. The Government will instead fund a second Mount Victoria tunnel and upgrade the Basin Reserve with Wellington City Council taking over the Golden Mile project.

Meet councils and communities to establish regional requirements for recovery from Cyclone Gabrielle and other recent major flooding events

Mark Mitchell, the minister responsible for cyclone recovery, has certainly been meeting with communities – from Northland and Tairawhiti, to Hawkes Bay and Wairarapa – so that part of the action point has been well and truly met. There have also been a variety of announcements, relating to the Cyclone Recovery Taskforce, and increased funding for flood resilience projects.

Make any additional Orders in Council needed to speed up cyclone and flood recovery efforts

On day 97, the Government said it is proposing the Order in Council to make it easier for councils to perform flood resilience work at specific sites in the Hawkes Bay, speeding up the recovery from Cyclone Gabrielle. Public engagement on the proposal is ongoing. If it’s approved, it will come into effect by late-May 2024 and expire on March 31, 2028.

Start reducing public sector expenditure, including consultant and contractor expenditure

Nicola Willis wrote a letter to all public service chief executives late last year, asking them to make savings of between 6.5 and 7.5 percent. However, there’s been considerable blowback as agencies which weren’t – in National’s pre-election policy documents – in the firing line protest that they’re already struggling under current resourcing. The question which remains is whether Willis will back down on any of this at the Budget in May.

Introduce legislation to narrow the Reserve Bank’s mandate to price stability

This was the first bill on the order paper of the new Parliament, last year. Legislation was introduced and passed within the 100 days. The current remit for the Reserve Bank came into effect on December 20 2023.

Why? Because it was easy. Indeed, official advice from Treasury is that the Government didn’t even need to pass a law change – it could just have amended the remit through a letter from Finance Minister Nicola Willis to Reserve Bank Governor Adrian Orr, essentially. So, this promise has been over-achieved. 

The question is, will it make a difference? The Reserve Bank says it had always prioritised price stability over maximum sustainable employment, so any change to its decision-making would be only at the extreme margins.

 Introduce legislation to remove the Auckland Fuel Tax

Legislation was introduced and passed within the 100 days. The fuel tax will come off on June 30.

Cancel fuel tax hikes

While the Government did cancel Labour’s planned increase of 4 cents per each year until 2026, a 12 cent lift is coming in January 2027 which is essentially the same result, just delayed. In addition a new, previously unsignalled, increase in vehicle registration fees is coming this term. They get points for technically upholding the promise – but the follow through is questionable.

12. Begin work on a new government policy statement reflecting the new Roads of National Significance and new public transport priorities

The draft Government Policy Statement on land transport was released.

13. Repeal the Clean Car Discount scheme by 31 December 2023

The Clean Car Discount was repealed in late December under urgency. Official advice released after the fact found the repeal would lead to between 1.2 and 2.2 million tonnes of extra greenhouse pollution over the next three decades.

14. Stop blanket speed limit reductions and start work on replacing the Land Transport Rule: Setting of Speed Limits 2022.

Interim changes were made to the rule, effectively rendering it pointless, including changing the requirement for local councils to develop speed management plans from mandatory to discretionary and removing the previous deadlines. Work on a new rule is underway that will mean the economic impact of speed limit changes need to be taken into account – not just safety – and that variable, not permanent, speed limit changes are to be in place around schools.

15. Stop central government work on the Auckland Light Rail project

In January Auckland Light Rail Limited was instructed to immediately cease work on the project, and to take the necessary steps to wind up the company.

16. Repeal the Fair Pay Agreement legislation

Done. The law covering Fair Pay Agreements, came into effect in late 2022. National and Act have always said it would be repealed if they were to form the next Government – and that’s exactly what happened.

17. Introduce legislation to restore 90-day trial periods for all businesses

Previously, 90-day trial periods only applied to employers with fewer than 20 employees. This provision was extended with the passing of legislation late last year and is available to all employers as of December 23 2023.

18. Start work to improve the quality of regulation

Work is underway to set up the new Ministry of Regulation under Minister for Regulation David Seymour. Grainne Moss has been appointed interim chief executive and the domain name ‘regulation.govt.nz’ was registered at the end of February. The accompanying legislation – a promised Regulatory Standards Act – has not been introduced although it is expected to be passed by the end of this year.

19. Begin work on a National Infrastructure Agency

Perhaps the Government has begun work, but there’s not been an iota of evidence to show it. Apparently the minister has “sought and received” advice from officials, but with no plans to announce any decisions for months, this can’t be awarded a pass mark.

20. Introduce legislation to repeal the Water Services Entities Act 2022

Done. And, again, over achieved. Though that’s only because expectations from experts in water infrastructure financing and delivery were so low. The fact that Local Government Minister Simeon Brown has not just repealed the previous administration’s Three Waters reforms but has actually fronted up with some substantive ideas about new financing models. This includes developing a mechanism to create council-controlled companies whole balance sheets are separate (the new language is “financially independent) of the groups of councils that own them – an ambition that may be foolishly naive, or impossibly ambitious, but one that would solve a lot of problems if he can deliver on it. For exceeding expectations by chucking out some big ideas, six stars.

21. Repeal the Spatial Planning and Natural and Built Environment Act; introduce a fast-track consenting regime

The Acts were repealed and legislation to enable a fast-track consenting regime has been introduced.

22. Begin to cease implementation of new Significant Natural Areas and seek advice on operation of the areas

Biosecurity and Associate Agriculture Minister Andrew Hoggard told the House on Thursday (day 99) he had worked with officials and intended to take a plan to Cabinet on the most effective way to deliver this policy promise. Vague language has really helped this coalition tick off a range of its 49 action points, but Newsroom’s rating system doesn’t think intending to do something quite cuts the mustard.

23. Take policy decisions to amend the Overseas Investment Act 2005 to make it easier for build-to-rent housing to be developed in New Zealand

It took until Day 99, but Housing Minister Chris Bishop announced the Government would introduce legislation tweaking the Overseas Investment Act to make it easier for overseas investors to invest in build-to-rent developments. The real estate industry has expressed concerns about investment laws holding the build-to-rent sector back, so the introduction of a new streamlined consent pathway – coupled with a ministerial directive letter making it clear that New Zealand is “open to foreign investment in build-to-rent developments” – should help (although the timeline for the more substantive law changes is currently unclear).

24. Begin work to enable more houses to be built, by implementing the Going for Housing Growth policy and making the Medium Density Residential Standards optional for councils

Housing Minister Chris Bishop won praise for a late February speech describing the housing crisis as having “shattered the Kiwi dream”, and outlining plans to improve infrastructure funding and make councils zone greater amounts of land for housing. But National’s U-turn on its initial support for the Labour government’s MDRS standards arguably cuts across those goals and is a reminder that intensification remains a politically fraught issue. The signs are largely good, but the devil will be in the detail.

Restoring law and order

 25. Abolish the previous government’s prisoner reduction target

Labour’s reforms were part of an overall goal to reduce the prison population by 30 per cent from 2017 levels by 2033 – it achieved that goal last year and therefore dropped the target before the election.

26. Introduce legislation to ban gang patches, stop gang members gathering in public, and stop known gang offenders from communicating with one another

Legislation was introduced that would ban all gang insignia in public places, create greater powers to stop criminal gangs associating and communicating, and give greater weight to gang membership at sentencing. Police will be able to issue dispersal notices, which will require gang members to immediately leave the area and not associate with one another for seven days while courts will be able to issue non-consorting orders, which will stop specified gang offenders from associating or communicating for up to three years. Advice from justice officials is that there is no strong evidence that the “suppression strategy” works to reduce long-term offending behaviours, or eliminate gangs altogether. 

27. Give police greater powers to search gang members for firearms and make gang membership an aggravating factor at sentencing

Associate Justice Minister Nicole McKee confirmed the Government would expand the use of Firearms Prohibition Orders to allow police to search gang members, their vehicles and homes at any time using court orders. Legislation has been introduced, but not passed. FPOs were first introduced by Labour in 2022.

28. Stop taxpayer funding for section 27 cultural reports

The Legal Services Amendment Bill has passed and prevents the Legal Services Commissioner from signing off on legal aid when it is to pay for a report provided under section 27 of the Sentencing Act. However lawyers are dubious as to whether it will save taxpayer money, suggesting the workload will instead shift to Corrections via pre-sentencing reports, or will take up more court time and lawyers costs because the necessary cultural and background information a judge requires under the obligations of the Sentencing Act will still need to be sought and provided.

29. Introduce legislation to extend eligibility to offence-based rehabilitation programmes to remand prisoners

The Government has said it will ask the Justice Committee to consider an amendment paper extending eligibility for rehabilitation alongside the Corrections Amendment Bill that is currently in progress. This would mean remand prisoners who had been convicted would be eligible for offending-based rehab, while remand prisoners not yet convicted could access other rehab such as drug and alcohol support.

30. Begin work to crack down on serious youth offending

The Government has promised military youth academies (boot camps) will be up and running by mid this year. It also says work is underway to create a Young Serious Offender category which will apply to offenders aged 10 to 17 who have committed a serious offence such as a ram-raid, other aggravated burglary, or serious assault at least twice. Consequences will include being sent to a Young Offender Military Academy, electronic monitoring, or being subject to an intensive supervision order in their community. Legislation has not yet been introduced.

31. Enable more virtual participation in court proceedings

The Courts (Remote Participation) Amendment Bill has been introduced but not yet passed. It will allow victims and support people to watch sentencing remotely if appropriate and bring in a greater allowance for the use of audio links or teleconferences.

32. Begin to repeal and replace Part 6 of the Arms Act 1983 relating to clubs and ranges

No legislation introduced.

Deliver better public services

33. Stop all work on He Puapua

The report on He Puapua was completed in 2019. The previous Labour Government later sought advice on how to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) – which is what He Puapua explored – but put that work on hold ahead of the 2023 election year. Simply moving this policy work from limbo to bonfire made it an easy one to tick off.

34. Improve security for the health workforce in hospital emergency departments

In December, Health Minister Dr Shane Reti announced a $5.7 million boost to employ 200 additional security staff in 32 hospitals across New Zealand through to late February. On March 1, frontline medical staff told media they feared for their safety, after that funding ran out. Later that day, Reti said the summer security measures would be continued. It’s unclear what the longterm solution is in terms of extra security staff and reducing security risks.

35. Sign an MoU with Waikato University to progress a third medical school

On February 13, this agreement was signed between the university and Government pledging to explore the viability of a third medical school at the University of Waikato. During the campaign the promise was to get one going outright, but some brakes were pulled by David Seymour during coalition talks to make sure there was a proper cost-benefit analysis applied to the idea before it came to fruition. So in terms of what was a smaller step than National likely wanted that ended up in the 100-day plan – the Government has certainly achieved this. 

36. By 1 December 2023, lodge a reservation against adopting amendments to WHO health regulations to allow the government to consider these against a “national interest test”

This National-NZ First coalition promise was delivered just in the nick of time. On November 30, the Prime Minister announced this letter was sent, saying New Zealand would not yet sign up to the WHO amendments. But experts say this policy was restating what already happens – no material amendments are agreed to without a review of what’s in the country’s best interests.

37. Require primary and intermediate schools to teach an hour of reading, writing and maths per day starting in 2024

The Prime Minister and Education Minister Erica Stanford have been clear lifting attendance and achievement are top priorities for the Government. So, it was no surprise their flagship education promises were addressed early in the 100 days.

On December 19, Stanford said that starting from Term 1, all students in years 0-8 of mainstream schools will be taught reading, writing and maths for an average of one hour a day in each subject. Kura have until Term 3 and specialist schools have until Term 1, 2025.

Most schools already teach at least an hour of these subjects, so it’s unclear whether this policy will have an impact on achievement. It’s up to school boards to implement this as part of the curriculum, and monitoring will fall with ERO.

38. Ban the use of cellphones in schools

In that same December press release, Stanford said cellphones will be banned in all schools during the day, effective from term 2. She acknowledged most schools already do this, and again it will be up to each school to implement and enforce, making it more of a signal to schools and parents than a policy promise ticked off.

39. Appoint an expert group to redesign the English and maths curricula for primary school students

One release, three 100-day announcements: That same day, the Government announced its ministerial advisory group, which would “build on the work that has already been done and strengthen this”. While it is another working group – something National was critical of while in Opposition – it makes sense for experts to review the new curriculum work before making changes. The new, new curriculum will be implemented in 2025 – a reasonable timeline.

40. Begin disestablishing Te Pukenga

National has long been opposed to Labour’s plans to centralise the money-losing tertiary institutions, and instead create megapolytechnic Te Pūkenga. So, it was no surprise that another early cab off the rank was delivery on this action point.

In December, minister Penny Simmonds wrote to the council of Te Pūkenga, laying out her expectations, saying it should “cease any activities that are inconsistent with disestablishment” and return to supporting regional decision-making, in the vocational education and training sector.

It’s not clear how far this work has progressed since December. Newsroom’s questions to Simmonds’ office went unanswered.

41. Begin work on delivering better public services and strengthening democracy

This may well be the most vague of the Government’s policy promises. Work related to these two areas include work on the establishment of David Seymour’s flagship Ministry of Regulation, which now has an interim chief executive and a website domain name. The Prime Minister’s office told RNZ the latter part of this action point had been addressed through cost cutting (public sector departments have been told to seek 6.5 percent in savings) and introducing public sector targets.

42. Set five major targets for health system, including for wait times and cancer treatment

The Government saved one of its most ambitious policies for last. On the 100th day, Health Minister Shane Reti unveiled the Coalition’s health targets. Labour scrapped National’s beloved health targets, saying they didn’t help get results, but under Labour’s no-targets approach, wait times blew out and vax rates plummeted (of course, Covid-19 played a part). Labour now says the Government has set itself targets that are easy to meet and/or where the data could be gamed to show a target is met, without health outcomes being improved.

The new targets include:

Targets for cancer treatment (90 percent to receive management within 31 days of decision to treat)

Immunisation rates (95 percent of kids fully vaxxed by 2 years)

Shorter ED wait times (95 percent of patients discharged or transferred in six hours)

Shorter treatment wait times (95 percent of patients to wait less than four months for elective treatment)

Te Whatu Ora will publish results on each of the five targets every quarter. The targets come into effect on July 1, 2024. It’s not clear how long Te Whatu Ora has to meet these targets.

43. Introduce legislation to disestablish the Māori Health Authority

Parliament passed the bill to disestablish Te Aka Whai Ora Māori Health Authority under urgency on February 28. It was passed just days before a hearing from the Waitangi Tribunal was set to assess whether it controverted Treaty principles. Claimants said they had been made aware of the new date at the “eleventh hour” and were disappointed at the process. However, the legislation passed through the House and the Māori Health Authority is no more – so it certainly counts as something ticked off the list.

44. Take first steps to extend free breast cancer screening to those aged up to 74

Again, the words “taking first steps” mean the coalition has been able to deliver on this promise. In February, the health minister met officials to begin the work needed to extend free breast cancer screening. The announcement did not include specific details of how or when this policy would be implemented.

45. Repeal amendments to the Smokefree Environments and Regulated Products Act 1990 and regulations

Much to the dismay of the Opposition and the healthcare sector, the coalition has repealed the legislation. The Government used urgency to get the necessary law through all three stages – something that was also questioned from a constitutional standpoint.

46. Allow the sale of cold medication containing pseudoephedrine

The Act Party promise has been delivered, with the passing of the Misuse of Drugs (Pseudoephedrine) Amendment Bill at the end of February. The legislation was passed through urgency, which drew criticism (see Newsroom’s reporting on this Government’s use of urgency), especially since the medicine isn’t expected to be back on the shelves until next year.

47. Begin work to repeal the Therapeutics Products Act 2023

The phrase “begin work” is doing some heavy lifting here. The minister responsible has taken a paper to Cabinet regarding this repeal. Technically, the work has begun, but it’s hard to assess the quality of the work or the impacts, without seeing the full policy.

48. Establish a priority one category on the social housing waitlist to move families out of emergency housing into permanent homes more quickly

The Government has indeed created a new top-priority category, for families with children who have been living in emergency housing for longer than three months. But with state and social housing spaces still at a premium, there are concerns about whether the policy will actually help families find new homes faster, or simply increase homelessness.

49. Commission an independent review into Kāinga Ora’s financial situation, procurement, and asset management

Former Prime Minister Sir Bill English is heading the review into the state housing agency, with the three-person panel due to report back by the end of this month. Labour has accused the Government of trying to “manufacture a crisis”, and ministers have so far declined to share exactly why the agency’s finances are a concern, so we will have to wait for the review’s findings to form any meaningful conclusions about its importance.