edithatogo/nz-hansard-corpus huggingface dataset:
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20282] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson.I move that the House do now adjourn 
. 
The CHAIRPERSON (Eric Roy) 
: That is a motion that can be processed by the House as a procedural motion only when the House is not in Committee but is meeting as the House in full session. The motion is out of order.
Tisch Lindsay: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Tisch Lindsay: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20290] 
The CHAIRPERSON (Lindsay Tisch) 
: The member twice brought me into the debate. Having considered a point of order earlier I ask members to respect what the rulings are. Do not bring the Chair into the debate.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20283] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson.I move that the Speaker be recalled 
to rule on the Chairperson’s awarding of a call to Moana Mackey 
. 
The CHAIRPERSON (Eric Roy) 
: We have already dealt with the procedural motion on my right as the Chair to make that call so the motion is out of order.
Smith Lockwood: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Smith Lockwood: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20280] 
Mr SPEAKER 
: The member makes a very useful contribution and I thank him very much for that. I will refer the matter to the Standing Orders Committee to make sure that members have the chance to further consider this issue. In the meantime I will rule on this motion to report progress once the Committee has made a decision with regard to reporting progress while considering a part or a clause depending on how the bill is being handled in the Committee. If further decisions are then made with regard to that bill the motion can be moved again because the Committee is in a new phase of consideration. Logically matters have changed as the Hon Rick Barker pointed out and it is reasonable for the Committee to have the opportunity to reconsider the matter. I realise I am asking in some ways for the goodwill of the House but I will rule that way. I promise the House that I will make sure the Standing Orders Committee reviews my ruling. Should the Standing Orders Committee wish to change it that will be a matter that can come back to the House following the consideration of the work of the Standing Orders Committee at present.
Robertson Grant: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Robertson Grant: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20281] 
GRANT ROBERTSON (Labour—Wellington Central) 
: 
 I move that the Committee report progress 
. 
The CHAIRPERSON (Eric Roy) 
: I listened very carefully to what the Speaker just said. I do not believe that the Committee of the whole House has transacted any process or business since he made that ruling so I am bound to overrule the member.
Hughes Gareth: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Hughes Gareth: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20293] 
GARETH HUGHES (Green) 
: 
 Kia ora Mr Chair. I would like to follow that fiery passionate speech by Moana Mackey. I think there is a parallel situation with the ACT Party. ACT on Campus and Student Choice could not convince enough of their peers on campus to reach that 10 percent threshold to get a petition because students quite frankly do not support the position of going to a mandatory voluntary student membership environment. We are seeing the same parallel in Epsom and down in Ohariu where the ACT Party which cannot survive on its own merits has to have the National Party stitching up a deal for it just like the deal we are seeing here. The ACT Party cannot get enough supporters to support it so it needs the National Party to stitch up a deal. 
I will refer to Tau Henare’s speech with regard to clause 6A about private training establishments. The member referred to the “student army” and the compulsion of rounding up students to join an “army” but when we look at Christchurch and the impact of the earthquake it was the Student Volunteer Army in which we saw students at their best. The students association was at its best helping out in the community. When we look at those students from the private training establishments who helped out in the Student Volunteer Army we see one of the best arguments for having a vibrant organised well-financed student body. 
Tau Henare also talked about students associations being a breeding ground for Labour politicians. But it is not just politicians who have come out of the students association environment. In fact former students association members form part of our press gallery. 
Sitting suspended from 6 p.m. to 7.30 p.m.
Roy Eric: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Roy Eric: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20281] 
The CHAIRPERSON (Eric Roy) 
: Mr Speaker you have been recalled for a further ruling. I proceeded to engage the Committee in the process of the Education (Freedom of Association) Amendment Bill. I read out the stage the Committee was at and announced that the Committee would be addressing clause 6A. A call was immediately taken by Grant Robertson who then sought to move a motion that we report progress. I ruled that the motion was out of order in that no business of the Committee had been transacted. I listened very carefully to your ruling. The point was further made that the previous motion which I had ruled in order was made as a point of order and not as a call. I determined that the Committee had expressed its view irrespective of my making a mistake in relation to whether I should have accepted that motion but because the Committee had expressed a view on a motion and because a party vote had been conducted the Committee’s expression was quite clear. There had been no further business so I ruled the motion out of order.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20282] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I move  
That the Speaker be recalled to rule on the Chairperson’s awarding of a call to Sue Moroney. 
The CHAIRPERSON (Eric Roy) 
: That is not helpful. The Standing Orders are quite clear that the Speaker has the right to call whomever he sees fit and by rotation. It is also I guess the right of the member to seek for the Committee to recall the Speaker so on this occasion I will put the question.
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20276] 
A party vote was called for on the question  
That  
the Speaker be recalled to rule on the Chairperson’s ruling that the motion to report progress was out of order 
. 
Ayes 53 
New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Motion not agreed to.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20276] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. Before I seek leave for the Speaker to be recalled I would like you to contemplate whether you are fully up to date with the rulings of the House. In the old days in the days in which both of us have spent probably most of our parliamentary careers there was not an ability to move the same motion twice. That has been rescinded in a review of the Standing Orders. For example closure motions can now be moved a number of times. There is no requirement for there to be speeches between those motions. I would ask you to review your ruling now and if you do not I will seek leave for the Speaker to be recalled so that we can get a considered ruling on it. 
The CHAIRPERSON (Eric Roy) 
: I have been reflecting and to the best of the knowledge that I have in scanning the megabytes of the information I have I have made a ruling on the best information that I have with me at the time. I am confident that that is the case. That is why I have ruled in that manner.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20281] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. I think if you had listened really carefully to the Speaker you would have heard that he said that the motion as previously moved was not valid because it was done by way of a point of order and not by way of a speech. 
The CHAIRPERSON (Eric Roy) 
: That is quite irrelevant to the point the Speaker made which was that no business of the Committee of the whole House has been transacted. I put the motion and it was defeated so I am ruling that the motion is out of order.
Goodhew Jo: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Goodhew Jo: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20277] 
JO GOODHEW (Junior Whip—National) 
: 
 I raise a point of order Mr Chairperson. Could I just clarify whether this is a motion to recall the Speaker or the seeking of leave? 
The CHAIRPERSON (Eric Roy) 
: There is a motion that has been moved. The member asked me for a reflection. I have made that ruling and subsequent to that he has again moved the motion and I guess that is in relation to the ruling that I have just given. 
JO GOODHEW 
: I just ask that he repeat the motion. 
The CHAIRPERSON (Eric Roy) 
: No he has just moved that the Speaker be recalled. It is as simple as that. 
Motion agreed to. 
House resumed.
Roy Eric: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Roy Eric: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20278] 
The CHAIRPERSON (Eric Roy) 
: It may be somewhat unusual for me to respond but the whole thing did happen quite quickly. I now understand the point that the Hon Trevor Mallard made. When he asked me to reflect on whether I thought it was in order—there is a pertinent difference between a closure motion not being accepted by the Chair in the Committee and a closure motion being defeated by vote. It is my understanding by all meeting procedure that I know anywhere that a procedural motion cannot be put twice. I saw that pertinent difference then I made the ruling accordingly. That is the rationale for my decision.
Roy Eric: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Roy Eric: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20277] 
The CHAIRPERSON (Eric Roy) 
: Mr Speaker the Committee has determined that you should be recalled to pass a ruling on a ruling that I made. The Committee returned to the matters declared by you as you departed from the Chair as Speaker a few minutes ago. As I was announcing the bill that the Committee of the whole House was to progress a motion was received that we report progress. I duly put the motion. It was defeated 63 votes to 53 votes. I then commenced to read the process of what the Committee of the whole House would do and immediately the same motion was moved again at which point I ruled that the same procedural motion in the exact same words could not be put again. On that point there was a motion to report progress so that you could be recalled. It was defeated. I was then asked as Chair to reflect on whether my ruling was correct. I thought about that and to the best of my knowledge I thought that it was so I ruled that the same procedural motion could not be put twice. At that point there was another motion to recall you as Speaker to rule on the matter; accordingly we have come to that point in the proceedings. 
Mr SPEAKER 
: Could I just ask before you leave what the circumstances were when the motion was first moved to report progress. Did the member have the call to speak in the Committee? 
The CHAIRPERSON (Eric Roy) 
: No I was just reading the bill. I was just getting to the stage where I would say: “When the Committee last addressed this matter we were on clause 6A.” I did not get as far as that.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20279] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Speaker. It is something that I should have said. I would just ask you to reflect on a similar motion that is regularly moved especially during urgency and generally by the Government Minister in charge of a bill. It is the motion that progress be reported on a bill and it be set down for further consideration presently. That procedural motion has been and can be regularly moved on the same bill. The bill comes back to the House and that motion can be moved again on the same bill. So if the question is that a procedural motion cannot be moved twice in the same day on the same legislation then there is clearly precedent for that.
Smith Lockwood: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Smith Lockwood: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20278] 
Mr SPEAKER 
: I ask for members’ indulgence while I consider the advice that I have been given on this matter. This is a serious issue because we risk bringing the House into disrepute if we end up in a bit of a shambles. The issue that you Mr Chairman have raised in relation to this matter is interesting: where a closure motion is put—and a closure motion is the one that normally can be put more than once—it is not able to be handled subsequent to the Committee making a decision. As Mr Chairman has pointed out the Chair can refuse to accept the closure motion and debate can continue in the Committee. Once the Committee makes a decision on the closure that is the end of the matter. That is an interesting observation that the Chair made. 
On other hand the Hon Trevor Mallard the shadow Leader of the House has pointed out that in terms of clear definition within our Standing Orders it is reasonable to suggest that our Standing Orders do not specifically cover this particular issue. The same-questions rule really applies to instructions amendments and bills where the questions are the same in substance. So in those circumstances with the House having made a decision that decision must be accepted. 
Hon Trevor Mallard 
: Can I just— 
Mr SPEAKER 
: I will hear the Hon Trevor Mallard as I reflect further on it.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20278] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 As you are getting advice I say that you are absolutely right about the situation that would inevitably come about through what is probably in my opinion a gap in the Standing Orders at the moment. I think you will recall Mr Speaker as I indicated to the Chairman that in the past once procedural motions—for example closure motions—were defeated the Government could not move them again. Then there was a point later on where the same member could not move the same motion twice. That again is something that has been changed. It is my understanding that as a result of those changes the multiple moving of the same motion where it is a procedural motion is allowed. 
I make it clear that normally an Opposition would not contemplate that sort of approach but I think it is fair to say that the Opposition today is feeling somewhat aggrieved at a breach of the right of members to debate a bill that they would otherwise have preferred on this side of the House. As you are aware it is something that the House has jealously guarded—that is the right of the Opposition to have much more involvement in dictating the terms of the fortnightly members’ days. They are the few hours that occur for genuine members’ time rather than what would otherwise be the case. So it is certainly my view that there is an ability for members to do that. 
I accept of course that the first part of your ruling was absolutely correct—that is the fact that it should have been done by way of a speech and not by way of a point of order. I am sure that if you rule in a way that would indicate that there is something here for the Standing Orders Committee to look at if there is a gap in the rules I would think that that is acceptable. I am sure that in future the motion will be moved by a member who has sought the call.
Robertson H V Ross: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Robertson H V Ross: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20319] 
The CHAIRPERSON (H V Ross Robertson) 
: I just say—and all of us have been in this House for a long time—that the Speaker has done it in question time when he has not put leave if it has been sought to table documents that are available to the House. These are available to the House. The matter has already been dealt with previously in this debate. I saw that as I watched it from my office.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20277] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I move  
That the Speaker be recalled to rule on the Chairperson’s reaffirmation of his refusal to accept a motion to report progress a motion to report just having been defeated.
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20276] 
A party vote was called for on the question  
That the motion be agreed to. 
Ayes 53 
New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Motion not agreed to. 
The CHAIRPERSON (Eric Roy) 
: Members we move first to—
Lees-Galloway Iain: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Lees-Galloway Iain: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20276] 
IAIN LEES-GALLOWAY (Labour—Palmerston North) 
: 
 I raise a point of order Mr Chairperson. I move that the Committee report progress 
.
Robertson Grant: Royal Society of New Zealand Amendment Bill — In Committee 
Robertson Grant: Royal Society of New Zealand Amendment Bill — In Committee 
[Volume:674;Page:20275] 
GRANT ROBERTSON (Labour—Wellington Central) 
: 
 I raise a point of order Mr Speaker. As the member in charge of the bill on which progress has just been reported I just want to seek your guidance as to the ability of a member in whose name the bill is to have any way of ensuring that a bill continues to progress. I would have thought looking at Standing Order 177 that the intention of that was around a member who may be in charge of the bill rather than another member in the House seeking effectively to foreclose debate on the bill for a day. I am not sure then of the exact intent of being able to do this. Certainly Standing Order 177(2) mentions the notion of what a member in charge of the bill would do but it does seem to me to be an unusual process to be going through. Obviously I am a new member and have not seen this happen before. But I do seek your guidance as to what rights a member in charge of a bill may have when another member seeks to foreclose the debate by reporting progress.
Roy Eric: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Roy Eric: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20276] 
The CHAIRPERSON (Eric Roy) 
: That decision has already been declared and I do not believe that the motion is in order.
Vote: Royal Society of New Zealand Amendment Bill — In Committee 
Vote: Royal Society of New Zealand Amendment Bill — In Committee 
[Volume:674;Page:20275] 
A party vote was called for on the question  
That the report be adopted. 
Ayes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Noes 53 
New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C. 
Report adopted.
Robertson Grant: Royal Society of New Zealand Amendment Bill — In Committee 
Robertson Grant: Royal Society of New Zealand Amendment Bill — In Committee 
[Volume:674;Page:20274] 
GRANT ROBERTSON (Labour—Wellington Central) 
: 
 I raise a point of order Mr Chairperson. 
The CHAIRPERSON (Eric Roy) 
: Does this pertain to the vote? 
GRANT ROBERTSON 
: Yes it does. The question of reporting progress on a bill part-way through its consideration is one as a relatively new member in the Chamber where I would have thought a member would have to seek the leave of the Committee rather than simply move a motion to do that. 
The CHAIRPERSON (Eric Roy) 
: I can respond to that. If members refer to Standing Order 177/1 it is quite clear: “A member may move ‘That the committee report progress’.” It is a procedural motion. The wording has to be accurate. The member fulfilled that requirement. The Committee then addresses the matter by a vote which is put immediately which I have done. I was going to call a party vote which we will now do. So—
Wagner Nicky: Questions for Oral Answer — Questions to Ministers 
Wagner Nicky: Questions for Oral Answer — Questions to Ministers 
[Volume:674;Page:20249] 
5. 
NICKY WAGNER (National) 
 to the  
Minister of Health 
: What action is the Government taking to improve maternity services? 
Hon TONY RYALL (Minister of Health) 
: 
 The latest report of the Perinatal and Maternal Mortality Review Committee for 2009 confirms that maternity services are performing well but that improvements are needed and the Government is doing that. This year we have committed an extra $54 million for our maternity quality and safety programme and for extra Plunket and Tamariki Ora visits particularly focused on new mothers who need additional support. That extra funding comes on top of additional funding for improving maternity services in our first year. This year $33 million extra has gone into new national Maternity Standards revised referral guidelines for midwives and doctors and the building of a comprehensive maternity database which went live last weekend. 
Nicky Wagner 
: What support has there been from the health sector for the Government’s maternity quality and safety programme? 
Hon TONY RYALL 
: The medical colleges representing obstetricians general practitioners midwives and anaesthetists say that this programme is a big step forward in providing women and their babies with a safer more streamlined maternity service. The Government’s maternity quality and safety programme is the result of 2 years of collaborative effort by all of these groups and I must say that getting all of them on the same page is a significant achievement that shows a new era of cooperation and commitment by maternity professionals and the Government thanks them for that.
Hodgson Pete: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Hodgson Pete: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20318] 
Hon PETE HODGSON (Labour—Dunedin North) 
: 
 In light of the remarks of the member who has just resumed her seat that we have not heard from students in this debate and need to I seek leave to table the submission of Ben Nettleton on the Education (Freedom of Association) Amendment Bill. 
The CHAIRPERSON (H V Ross Robertson) 
: Is there any objection to that course of action being taken? There is.
Roy Heather: Royal Society of New Zealand Amendment Bill — In Committee 
Roy Heather: Royal Society of New Zealand Amendment Bill — In Committee 
[Volume:674;Page:20274] 
Hon HEATHER ROY (ACT) 
: 
 I move  
That the Committee report progress. 
The CHAIRPERSON (Eric Roy) 
: That is a motion that the Committee has to address so the question is that the motion be agreed to. Those of that opinion will say Aye of the contrary No. The Ayes have it. Party vote?
Locke Keith: Motions — Syria—Shooting of Demonstrators 
Locke Keith: Motions — Syria—Shooting of Demonstrators 
[Volume:674;Page:20241] 
KEITH LOCKE (Green) 
: 
 I move  
That this House condemn the shooting of peaceful demonstrators in Hama and other Syrian cities and call upon the Syrian Government to enter into a serious national dialogue to chart a transition to democratic government. 
Motion agreed to.
Robertson Grant: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Robertson Grant: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20276] 
GRANT ROBERTSON (Labour—Wellington Central) 
: 
 I raise a point of order Mr Chairperson. I move  
That the Committee report progress.
Calder Cam: Questions for Oral Answer — Questions to Ministers 
Calder Cam: Questions for Oral Answer — Questions to Ministers 
[Volume:674;Page:20254] 
9. 
Dr CAM CALDER (National) 
 to the  
Minister of Corrections 
: What is the Department of Corrections doing to improve the rehabilitation of prisoners and to reduce the rate of reoffending? 
Hon JUDITH COLLINS (Minister of Corrections) 
: 
 The Department of Corrections’ commitment to cut reoffending rates is being demonstrated by the roll-out of a case management model across all sentenced prisoners. This new approach will involve specialised case managers providing a wraparound service to individual prisoners by working closely with them from the beginning to the end of their sentence. To support this initiative the department has employed 177 case managers and will shortly start recruiting for another 50. This will enable 227 case managers to work directly with prisoners to reduce their risk of reoffending. This is a major investment in the management of prisoners in New Zealand. Along with alcohol and drug treatment a range of intensive rehabilitation programmes work training and education it should result in a meaningful reduction in reoffending rates. 
Dr Cam Calder 
: What does the new case management approach mean for individual prisoners? 
Hon JUDITH COLLINS 
: The new model’s end-to-end approach means that one person will proactively work with and motivate a prisoner throughout their sentence. This is a big improvement on the earlier approach to sentence management which was limited to identifying the programmes the prisoner was eligible for and scheduling these into a sentence plan. It meant numerous people could be involved in different aspects of an individual’s rehabilitation. The case managers will work particularly closely with high-risk offenders because this is where they can have the biggest impact. All sentenced prisoners are now being moved across to their new case managers who will work with them to develop their rehabilitation plans.
Wagner Nicky: Questions for Oral Answer — Questions to Ministers 
Wagner Nicky: Questions for Oral Answer — Questions to Ministers 
[Volume:674;Page:20249] 
NICKY WAGNER (National) 
: 
 My question is to the Minister of Health: what action is the Government taking to improve maternity services? 
Mr SPEAKER 
: I apologise to the member. Could both front benches please desist. I want to hear Nicky Wagner’s question.
Auchinvole Chris: Questions for Oral Answer — Questions to Ministers 
Auchinvole Chris: Questions for Oral Answer — Questions to Ministers 
[Volume:674;Page:20252] 
7. 
CHRIS AUCHINVOLE (National—West Coast - Tasman) 
 to the  
Minister for the Environment 
: What steps has the Government taken to improve air quality and what reports has he received on what progress is being achieved? 
Hon Dr NICK SMITH (Minister for the Environment) 
: 
 The major source of air pollution is old home fires so this Government has ramped up the investment in converting them to clean heating from the $2.2 million that was spent in the last Parliament to the over $20 million spent this term. This has enabled more than 20000 homes to be converted to heat pumps compliant log burners and pellet fires. We have also tightened up the rules on vehicles and fuel and the regional councils have taken steps to reduce industrial particulate pollution through tighter resource consent conditions. Yesterday I was pleased to release the 2010 air quality figures for New Zealand showing the best results ever in terms of New Zealand’s air quality. 
Chris Auchinvole 
: What additional steps is the Government taking to help New Zealand achieve the 2016 and 2020 targets? 
Hon Dr NICK SMITH 
: The Government is merging the Clean Heat and Warm Up New Zealand: Heat Smart programmes which are separately funded by Vote Environment and Vote Energy so as to reduce compliance costs and administrative costs. This will enable another 1250 homes per year to be converted and will reduce the amount of particulate pollution by an additional 35 tonnes per year. I also announced yesterday a new compliance strategy setting out clear expectations of the regional councils in terms of the role they need to play in making sure we meet those clean air targets.
Ardern Jacinda: Points of Order — Care of Children Law Reform Bill—Leave to Introduce 
Ardern Jacinda: Points of Order — Care of Children Law Reform Bill—Leave to Introduce 
[Volume:674;Page:20241] 
JACINDA ARDERN (Labour) 
: 
 I raise a point of order Mr Speaker. I seek leave to introduce the Care of Children Law Reform Bill—a member’s bill in my name—and to have it set down for first reading as member’s order of the day No. 1. 
Mr SPEAKER 
: Leave is sought for that course of action. Is there any objection? There is objection.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20282] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I move  
That the Speaker be recalled to rule on the Chairperson’s ruling that the motion to adjourn was out of order.
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20282] 
A party vote was called for on the question  
That the motion be agreed to. 
Ayes 57 
New Zealand Labour 42; Green Party 9; Maori Party 4; Progressive 1; Independent: Carter C. 
Noes 62 
New Zealand National 57; ACT New Zealand 5. 
Motion not agreed to. 
The CHAIRPERSON (Eric Roy) 
: I call the honourable Grant Robertson.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20320] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. It is my belief that Tau Henare in interjecting then was attempting to intimidate you—of course he could not possibly do that. While my colleague was taking his point of order Tau Henare interjected loudly to sit him down. That is just not on. 
The CHAIRPERSON (H V Ross Robertson) 
: I thank the honourable member for his consideration of my well-being and I let him know that I am not intimidated by Tau Henare. I did not hear the honourable member anyway. 
Hon Tau Henare 
: Point of order— 
The CHAIRPERSON (H V Ross Robertson) 
: The Committee is starting to slide down. I urge honourable members to recognise that this is a place of debate and that we should take it seriously.
Mallard Trevor: Royal Society of New Zealand Amendment Bill — In Committee 
Mallard Trevor: Royal Society of New Zealand Amendment Bill — In Committee 
[Volume:674;Page:20276] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I seek leave of the House for the matter that has been set down for next sitting day to be reinstated as a matter for today. 
Mr SPEAKER 
: Leave is sought for that course of action. Is there any objection? There is objection.
Smith Lockwood: Royal Society of New Zealand Amendment Bill — In Committee 
Smith Lockwood: Royal Society of New Zealand Amendment Bill — In Committee 
[Volume:674;Page:20276] 
Mr SPEAKER 
: In the interests of making sure we do not make any errors here I will receive advice on this issue. The advice is pretty clear. The House has made a decision that the Committee reported progress and the House voted on that motion and made its decision. I have set the bill down for further consideration next sitting day and it is not available for consideration today. There is not a procedural motion available to change that.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20298] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. In the documentation that was provided by the Leader of the House to all parties on Tuesday morning this legislation was not included. This was not on the list of matters to be considered. Therefore members have not had the time or the expectation of going back and finding the particular relevant pieces from the select committee. It is my request that you look carefully at your ruling because members want to debate this seriously. There are points that the member has selected from the documents that have been tabled at the select committee in order to have the ones in which there is particular interest. 
The CHAIRPERSON (Eric Roy) 
: All that is very interesting but it has nothing to do with the point of order upon which I have ruled. All of these documents are on the website. Members have at their disposal the ability to bring into this Chamber electronic equipment that makes all of that available. Therefore I will not permit leave to be sought for the tabling of documents that are in the public arena.
Tremain Chris: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Tremain Chris: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20318] 
CHRIS TREMAIN (Senior Whip—National) 
: 
 I raise a point of order Mr Chairperson. Just in light of what the member across the Chamber is attempting to do I understand that the submissions he is proposing to table in the Committee have all previously been tabled in the House through the submission process and what he is trying to do is trifle with the Chair. This is superfluous to the debate in the Committee this evening.
Norman Russel William: Questions for Oral Answer — Questions to Ministers 
Norman Russel William: Questions for Oral Answer — Questions to Ministers 
[Volume:674;Page:20246] 
Dr RUSSEL NORMAN (Co-Leader—Green) 
: 
 I raise a point of order Mr Speaker. This question was originally addressed to the Prime Minister. There has been some discussion between my office and the Clerk today. The question I have and which I would ask your direction on is that this question is directly about the activities of the Prime Minister’s staff—the staff working in the Prime Minister’s department. Of course the Government has the right to move questions around but is there any limit to the moving around of questions when this question directly relates to the activities of the Prime Minister’s staff and the Government has moved it away from the Prime Minister? 
Mr SPEAKER 
: The staff are the responsibility of Ministerial Services and the Minister responsible for Ministerial Services is the appropriate Minister to answer this question. I think it is not unreasonable for that to be shifted. I invite the member to ask his question.
Chadwick Steve: Royal Society of New Zealand Amendment Bill — In Committee 
Chadwick Steve: Royal Society of New Zealand Amendment Bill — In Committee 
[Volume:674;Page:20274] 
Hon STEVE CHADWICK (Labour) 
: 
 I raise a point of order Mr Chairperson. I just seek some clarification on this. We have had only one speaker on clause 14 so it is highly irregular for this to have been proposed. I seek clarification on this. 
The CHAIRPERSON (Eric Roy) 
: There is no instruction in either Speakers’ rulings or the Standing Orders as to how many speakers speak; any member at any stage can move that the Committee of the whole House report progress. The member has taken that option. The Committee now expresses its view on that procedure by voting.
Smith Lockwood: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Smith Lockwood: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20280] 
Mr SPEAKER 
: I will give consideration to that based on what I have said to the House now: that once the Committee has made a decision on reporting progress the matter cannot be raised again until the Committee has transacted further business. I will rule that way for the present. Should I need to improve the wording of it I will certainly come back to the House with wording that I think can serve the House a little better. So I will rule that way now on the understanding that I will further consider the wording of that ruling and also that the Standing Orders Committee will have the opportunity to consider the substance of my ruling recognising that that will not be an immediate decision. But the work of the Standing Orders Committee is going on. It will report back to this House. That is the way I have ruled.
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20325] 
A party vote was called for on the question  
That the report be adopted. 
Ayes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Noes 56 
New Zealand Labour 42; Green Party 9; Maori Party 3; Progressive 1; Independent: Carter C. 
Report adopted.
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Vote: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20303] 
A party vote was called for on the question  
That the question be now put. 
Ayes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Noes 56 
New Zealand Labour 42; Green Party 9; Maori Party 3; Progressive 1; Independent: Carter C. 
Motion agreed to. 
The CHAIRPERSON (Eric Roy) 
: Amendments in the name of Jacinda Ardern to insert new subclause 3 are out of order as inconsistent with the principles of the bill. 
The question was put that the following amendment in the name of Kris Faafoi to the heading to clause 6A be agreed to: 
to add “with 1000 or more students”.
Barker Rick: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Barker Rick: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20280] 
Hon RICK BARKER (Senior Whip—Labour) 
: 
 I raise a point of order Mr Speaker. I think it is a very good suggestion to refer it to the Standing Orders Committee but there is a certain time issue. The Standing Orders Committee has to complete its deliberations refer the matter to caucuses and then bring it back and establish the Standing Orders. In the interim I think it would be very helpful if tomorrow or the next day at your earliest convenience you could come back to the House with a written ruling as such. That would be very helpful so that we then had some clearer guidelines. We could refer to the written text of your ruling rather than have to hunt through  
Hansard 
 to find how this has been developed. I think that would be very useful.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20283] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I move 
 That the Speaker be recalled to rule on the Chairperson’s ruling that the motion to recall the Speaker to rule on the Chairperson’s awarding of a call to Moana Mackey was out of order.
Barker Rick: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Barker Rick: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20297] 
Hon RICK BARKER (Labour) 
: 
 I seek the leave of the House to table a submission on behalf of the Otago University Students’ Association as supplementary submission No. 5. 
The CHAIRPERSON (Eric Roy) 
: Leave is sought for that purpose. Is there anyone opposed to that course of action? There is. I call Todd McClay.
Tremain Chris: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Tremain Chris: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20319] 
CHRIS TREMAIN (Senior Whip—National) 
: 
 I raise a point of order Mr Chairperson. In light of that submission to the Chair can I point the Chairman to Speaker’s ruling 142/2. The first sentence of that makes it very clear: “Leave should only be sought to table papers that are not readily available from other sources.” Clearly these papers are available to the House on the website. They were tabled as submissions to the select committee. They are readily available.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20281] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Speaker. I think the Chair has summarised the situation really well. It just goes to the question of whether the House’s ruling on an ultra vires motion is valid according to your ruling and therefore whether the Committee of the whole House has made a decision not to report progress if in fact it is considered as a motion that you have ruled in your earlier ruling it should not have considered?
Hodgson Pete: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Hodgson Pete: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20319] 
Hon PETE HODGSON (Labour—Dunedin North) 
: 
 I make this point of order carefully. In light of the remarks of the member of the select committee who is also the member who has just resumed her seat that the voice of students has not been heard in this debate and ought to be I seek leave to table the submission of Benjamin Michael William Hocking on the Education (Freedom of Association) Amendment Bill. 
The CHAIRPERSON (H V Ross Robertson) 
: I will not put that leave. The reality is that under Speaker’s ruling 142/1 these documents are freely available. I am going to call the next speaker.
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Mallard Trevor: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:674;Page:20319] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. Again that matter is very easily dealt with. In respect of Speaker’s ruling 142/2 we need only to get to the second word “should”. It does not state “may”; it states “should”. If it stated that leave may not be sought then it would be clear. It would be absolute. The word “should” reflects Speaker’s ruling 142/1 which indicates a lack of desirability. The terms “should” or “should not” express an indication of desirability whereas if it stated “may” or “may not” then it is something that is a definite ruling. I remember Speaker “Turncoat” Tapsell in 1996 and a number of rulings he made that were innovative and different. But this one has stood the test of time and it was very deliberately “should”. If Speakers wanted to make it “may” they would have.