Prime Willow-JeanWILLOW-JEAN PRIME (Labour): Madam Deputy Speaker thank you for the opportunity to speak tonight on the second reading of this bill. I was not a member of the committee that has considered this bill the Foreign Affairs Defence and Trade Committee but I want to thank them for the work that they have done. I also want to thank the nine submitters that made submissions on this bill and the officials who have worked through those submissions through the select committee process and have made recommendations for amendment. I believe that the recommendations that have been made by the select committee for the amendment of this bill provide better clarification about the intent and purpose of the bill and also higher accountability.So I first want to start off by acknowledging that committee. As I wasn't part of the select committee I wasn't aware whether this was a significant issue for New Zealand. So upon doing some research it was very interesting to note that there actually has been an example involving New Zealand and thus justifying this development of a law for ourselves but also in joining with the others across the globe in an effort to address the issues. The example I will talk about in New Zealand was back in 2006 so this shows that this issue has been around for a long time and significant steps have been taken and this is yet another step in addressing the issue and implementing the steps that we have taken. So in 2006 a large shipment of conventional arms from North Korea was destined for Iran in breach of the UN arms embargo and was intercepted in Thailand. Subsequently it was discovered that it was a New Zealand - registered company that had leased the plane that was transporting the arms. Because New Zealand had no controls on brokering by New Zealanders no action was able to be taken by the New Zealand Government. As a result of that our reputation was negatively impacted by this.There are multiple armed conflicts around the globe and there has been a global effort to reduce harm caused by the illicit arms trade. New Zealand is internationally recognised as was mentioned by one of the previous speakers for our role in promoting disarmament including nuclear disarmament. We are proud to also be playing a similar role in addressing the trade in conventional arms. New Zealand was amongst the first 50 countries to sign up to the treaty which we have spoken about tonight the Arms Trade Treaty. That was a landmark treaty—a world first in fact in terms of regulating the trade in conventional arms.We have export controls—so a regime that regulates the movement of arms and weapons and military equipment from New Zealand—and we have import controls a regime which regulates the movement of arms into New Zealand but there is a gap and that's what this bill the Brokering (Weapons and Related Items) Controls Bill seeks to address. The gap that we currently have is where there are no controls in place on persons in New Zealand or New Zealand citizens operating abroad who negotiate arrange or facilitate the international movement of arms or military equipment an activity which is known as brokering.In terms of the significant changes that have been made to the bill as a result of the committee process there were changes particularly in clause 3A around the jurisdictional scope of the brokering regime. I just want to read that one out because it's an important one. The assumption is that we can only make laws that apply to ourselves here domestically but on the strength of the submissions and the discussion that they obviously had at the select committee they inserted clause 3A to ensure that the jurisdiction that this applies was absolutely clear. So clause 3A is a new clause which has been inserted into the bill: This Act applies to any brokering activity that is carried out—(a) in any place (including any brokering activity that is carried out wholly or partially outside New Zealand) and by a person—(i) who is in New Zealand; or (ii) who is a New Zealand citizen or ordinarily resident in New Zealand; or (iii) that is an entity incorporated or registered under the law of New Zealand; or (b) wholly or partially on board a ship or an aircraft described in section 33(1)(b)."There were other changes that have also been recommended by the committee in terms of Gazette notices to be published on the website. Those recommendations have been put forward by the committee for us to consider here tonight and I certainly support them: providing clarity about the burden of proof—there was a very interesting discussion in the select committee report and from the officials on the mens rea or the actual intent and thinking behind the action; the elements of the offence and the narrowing of the exception for employees—a very interesting discussion there and ensuring that the right people are being captured through this legislation; annual reporting as a condition of registration; the period for which brokers are required to keep the records—they recommend that that be increased from five years to seven years; and also some recommendations around offences committed outside of New Zealand.Earlier the Hon David Parker spoke about how it's unusual to make laws that apply outside of New Zealand but I think that we have agreement certainly amongst many of us here in the House tonight that it is important that we implement our undertaking in the Arms Trade Treaty which we signed up to. We're required in that treaty to implement domestic legislation to give effect to that and this is us doing that and I want to again commend the committee that has worked on this. Since we signed up to that treaty in 2013—ratified in 2014—this bill has been developed it's been introduced it's gone through now to its second reading and that is us upholding our responsibilities under that treaty to introduce measures to regulate the brokering taking place within our jurisdiction and so by that we will be meeting those minimum standards by the treaty that we have been party to.So with that finally I want to thank all those that have been involved in this important piece of legislation. Thank you and I commend the bill to the House."