Barrister and constitutional law expert Mai Chen has raised questions over the speed in which the new government will be able to roll back some of Labour’s legislation.
“National's promised a lot and I don’t doubt that they will want to get on and get it done, but the reality is, at the rate we're going it may not be until the end of November when the government is formed.”
Currently, parliament is dissolved and won’t reconvene until incoming prime minister Christopher Luxon can show the Governor General he has the confidence to form a government.
National and ACT hold a slim majority, but there are around half a million special votes yet to be counted.
Chen told 1News she has heard people saying that due to the change of government they would no longer need to engage in some of the changes Labour had introduced while in power.
“National has promised a very significant first 100 days agenda, so expectations are high in the community.
“It’s already happening, clients of mine are saying ‘oh its alright now, National's come in, I'm not doing fair pay agreements’.”
National’s 100 Day Action plan includes 41 first-moves, in the areas of law and order, health, education, housing, infrastructure and the economy.
Some of those plans are to:
• Stop all work on Labour’s Jobs Tax (Income Insurance Scheme).
• Introduce legislation to restore 90-day trial periods for all businesses.
• Repeal Labour’s 'Fair Pay' legislation
Chen said given there’s been such a large amount of law reform promised it needs to “be clear that the law has not changed”.
'We have to continue to comply with the law as it is'
She also pointed out that Christmas won’t be far away along with the summer break for politicians, and parliament doesn’t usually meet again until the second week of February.
“This may result in a two or three month delay until we can get some substantive action in Parliament.”
“And until that happens, we have to continue to comply with the law as it is, regardless of what is on the first 100 day agenda for National.”
Chen said the incoming prime minister will have to be careful in the way he speaks and manages expectations, otherwise there is a risk people “stop complying with the law”.
“You can’t make a repeal of law by press statement, it has to go through parliament.”
“Until parliament repeals legislation, it remains the law, and you are required to do it.”
National's workplace relations and safety spokesperson Paul Goldsmith said: "National is committed to repealing the Fair Pay Agreements legislation and will initiate that process as soon as we are in a position to do so. We will have more to say after that process has begun."
Richard Wagstaff of the Council of Trade Unions said it expected employers to honour obligations and commitments to continue with fair pay agreements.
"Employers dragging their feet on FPAs has been a concern throughout, and is consistent with their constant opposition to industry bargaining throughout the development and implementation of the FPA law."
It was negotiating a fair pay agreement with bus drivers, and other unions were preparing for negotiations in industries like security, cleaning, hospitality and supermarkets.
SHARE ME