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A S New Zealand awaited the formation of its first government under the new /-% mixed-member-proportional electoral system, nothing seemed more certain JL. JL than that the Employment Contracts Act (ECA) would change. Such change could involve the repeal of the Act and its replacement with a statute more in keeping with International Labour Organisation (ILO) Conventions on collective bargaining and freedom of association, the introduction of a comprehensive mini­ mum code, and greater encouragement for collective bargaining arrangements, in­ cluding multi-employer contracts where appropriate. Alternatively, change could take a more incremental form, with the general scheme of the Act retained. A gov­ ernment of the centre-left would be likely to seek to repeal and replace the Act, while a centre-right coalition would probably entertain incremental reform. In the event, a centre-right National-New Zealand First coalition has emerged, and, while only marginal changes are envisaged, both parties to the Coalition Agreement appear to have influenced the agenda for reform. Those commentators who have represented the ECA as an ‘incomplete revolution’ may be encouraged by references in the Coalition Agreement to die need to limit judicial activism’. On balance, it is not clear diat diere will be any substantial softening of die Act, notwith­ standing die claims that will no doubt be made for some of the cosmetic changes by New Zealand First. It is clear, however, diat diere is no suggestion of a return to a formal system of conciliation and arbitration, to monopoly rights of union representation, or to a system of bargaining dominated by multi-employer awards. But diere is a concern to ensure that labour law promotes equitable outcomes, while ensuring die neces­ sary degree ol flexibility and responsiveness required for labour-market efficiency. Any assessment of die impact of die ECA, and, by implication, the prospects lor legislative reform, should explicidy articulate the preferences of stakeholders. Those who stand to gain from the present arrangements, which is to say diose who have a vested interest in them, have an obligation to declare diat interest if the de­ bate over die merits of the ECA is to have die necessary integrity.

The Impact of New Zealand’s Employment Contracts Act: A Response to Rod Lingard