Rotorua Library Trust Fund Variation Bill — Second Reading Third Reading 
Rotorua Library Trust Fund Variation Bill — Second Reading Third Reading 
[Volume:635;Page:6314] 
Rotorua Library Trust Fund Variation Bill 
Second Reading 
Third Reading 
STEVE CHADWICK (Labour—Rotorua) 
: 
 I move  
That the Rotorua Library Trust Fund Variation Bill be now read a second and a third time 
. This bill was first introduced to the House on 7 June 2006 and the House has granted leave 5 months later for us to take the second and third readings together. My thanks go to the Government Administration Committee for allowing this non-controversial but very important bill for Rotorua to be heard so quickly. 
This bill in effect realises the intention of the deceased Elizabeth Ann Seddon-Johnson as expressed in her will. I missed the bill’s first reading speeches as I was at the Wahiao Marae for Guide Bubbles Mihinui’s tangi. Both women—wahine toa—were linked historically to Rotorua’s history of colonisation. Mr Seddon was said by our local historian Don Stafford to have married Elizabeth Ann Seddon-Johnson after his first wife a local Maori woman died in a hot pool. Mr Seddon was one of the earliest Pakeha commercial operators as he lived in an accommodation house at Ohinemutu Village next door to Morrison’s Hotel. Mr Seddon owned one of the two original shops in Rotorua on the corner of Fenton and Arawa Streets opposite the post office. The shop known as the Comet sold general merchandise. 
When Mr Seddon died Mrs Seddon-Johnson moved to town then known in the annals of history as “Stinkville” or “Rotten Egg Town”. She was one of Rotorua’s first Pakeha widows and was a lady of some means living near the local library building by the Masonic Lodge. Mr Seddon died and was buried in splendid fashion at the Sala Street cemetery with a large bust in his commemoration. Mrs Seddon-Johnson though was remembered very humbly in the original library building by a tiny wooden plaque the local whereabouts of which is unknown today. The library was one of two rooms built by the town council in 1940; the other was the treasure house. There has been some suggestion that Elizabeth Seddon-Johnson is linked by descent to Richard Seddon. 
This bill will honour her intentions expressed in her will of 1932 which was probated in 1936. We can assure any descendants that her desire to support the library will be honoured by the passing of this bill almost 70 years later. 
The current library building is located in Haupapa Street Rotorua and it is a fine local library. It is located on the ground and first floors of a four-storey building. The top two floors are currently leased out though these leases terminate at the end of this calendar year. The library desperately needs the additional space that will be freed up as a result of the lease’s expiry. The drafters of the bill have been advised by Jane Gilbert the library manager that the library has effectively been in a holding pattern for the last 5 years or so due to the shortage of space. It is proposed that the library will occupy the whole of the building and the additional two floors will increase the space available at the library by around another two-thirds. In that regard the two top floors will provide less space than the two floors already occupied by the library. The council has allocated a budget of around $1 million for the 2006-07 year towards the necessary renovations refurbishing fitting out and provisioning of the library as a result of the two top floors becoming available. 
The essential primary purpose of this bill is to enable the council to access the capital of around $300000 of an endowment currently vested in it pursuant to section 31 of the Local Legislation Act 1937. In that regard I refer members to the explanatory note of the bill which spells out the basic background details. The fundamental difficulty that our council currently has in administering the endowment vested in it pursuant to the Act is that it does not have the ability to apply the capital of the endowment for the purposes of the library; rather only the income can be so applied. Further the purposes for which the income can be applied are arguably not currently specific to enable the income let alone the capital to be applied in the way the council intends. 
There is no doubt that the primary and fundamental purpose and the driver behind the bill being promoted by the council is the need to access the capital to enable the work to be carried out once the leases expire. Members will note that clause 5(2) enables both the capital and income of the endowment to be applied for a range of purposes such as expansion or relocation of the library; maintenance and upkeep of the library; purchase of books periodicals other reading matter and other materials of any kind available for use or hire by the public from the library; and the technological advancement of the facilities available in and through the library. It is fair to say that the bulk if not necessarily all of the endowment will be applied for the latter purpose. It is not inconsistent with the basic thrust of the bill. There may or may not be excessive funds available for the other stated purposes in clause 5(2). 
 The endowment has a rather tortuous legal history to it. Members will note from the explanatory note to the bill that the endowment can be traced back to the will of Elizabeth Ann Seddon-Johnson made in 1932 which was probated in 1936 and of which the proceeds were given to the Rotorua Borough Council to be used for or towards the erection of a new wing for the Rotorua Public Library. It is fair to say therefore that the purpose intended to be achieved by the bill effectively restores the original legal position to one whereby the intent of Mrs Seddon-Johnson is achieved. In that regard although what is contemplated by the council is not the erection of a new wing to the existing library it does involve the expansion of the existing library. 
The residue of Elizabeth Seddon-Johnson’s estate comprised a Crown lease situated in Rotorua. The purpose of section 37 of the Local Legislation Act 1937 was to enable the then borough council to acquire the lease and to borrow a sum for the purpose of paying out the legacies provided for in those provisions of Mrs Seddon-Johnson’s will that needed to be satisfied. As a result of the Rotorua Borough Council acquiring the land under the power conferred to it by that Act revenue was derived from it. Accordingly further provision was made in the Act whereby the income derived could also be applied for certain specific and relatively narrow purposes associated with the Rotorua Public Library. 
The council on at least two or three occasions over the last 20 years or so has approached the drafters of the bill seeking advice as to whether it was able to apply the capital of the endowment for the purposes of the Rotorua Public Library. That advice given last in 2005 has consistently been that the council did not have the power to apply the capital; it could apply only the income. The purpose of this bill therefore is to enable the council to access the capital and apply it for a wider range of purposes than is currently available but in a way that seems to be entirely consistent with the original intentions of Elizabeth Seddon-Johnson. In conclusion the library staff the Friends of the Rotorua Public Library the district council and the community of Rotorua will all be the beneficiaries of the bill. I thank the tolerance of the House for taking this reading so closely today. 
LINDSAY TISCH (National—Piako) 
: 
 National members are very pleased to support the Rotorua Library Trust Fund Variation Bill. A fine legacy was left way back on 30 December 1932 by this lady that Steve Chadwick as the sponsor of this bill mentioned—Elizabeth Ann Seddon-Johnson of Rotorua. Since probate was granted in September 1936 the borough council—as it was called then—and now the district council of the city and the area have had access to the endowment that was gifted way back then by the generosity of this lady. 
Unfortunately this bill is necessary because the income that came from the endowment can only be used for general maintenance purposes and for the purchase of books periodicals and the sorts of reading materials that people would be interested in. That has tied up the capital so that the district council has been able to use only the income from the source. Steve Chadwick made points about the wishes of the district council and the residents of the area to be able to expand the operation and that is going to require some capital to do. It is consistent with the original intention of Elizabeth Seddon-Johnson. 
The explanatory note makes the point that in her will she “provided that the residue of her estate should be applied for or towards the erection of a new wing to the Rotorua Public Library.” That is not the council’s intent; its intent is to expand and modernise the operation which of course is capital work and has been excluded prior to this. It has not been possible before to use the capital of this endowment for what the area requires. 
Therefore by supporting this bill and by allowing the district council to be able to look specifically not only at the income but also at the capital and to put it towards the expansion of this public library we will support a worthy cause. I am sure the district is indebted to the generosity and the legacy that was left way back in 1936. National has much pleasure in supporting this bill. 
Hon MARK BURTON (Minister of Local Government) 
: 
 I make a brief call in support of my colleague Steve Chadwick. The Rotorua Library Trust Fund Variation Bill is a really good example of a local bill where we see the generosity of a now deceased resident of the district being honoured and respected. We also see a typical example of the dedication and commitment of a constituency member of Parliament who even 74 years after the death of her constituent is still in there battling for her and making sure that her wishes are honoured. 
This bill will ensure that the original intention is honoured. I have to say of course that for the good people of Rotorua the freeing-up of this revenue will ensure that the Rotorua Public Library can be enhanced for the benefit of all local people. I congratulate Steve Chadwick for yet again advancing the interests and causes of her constituents and her community. 
Hon BRIAN DONNELLY (NZ First) 
: 
 It is pretty obvious that the House unanimously supports the very sensible provisions of the Rotorua Library Trust Fund Variation Bill. After all if there had been any opposition leave would not have been given for the second and third readings to be taken as one. 
The promoter of the bill Steve Chadwick and also Lindsay Tisch have together adequately explained the purpose of the bill and there is no real need to traverse that territory. However I take the opportunity to say I am particularly pleased to help constructively through this bill the people of Rotorua. My parents saw out their final years in Rotorua—at Lake Okareka—and I have to say that those were the happiest years of their lives. During that time my own family with my young children spent a lot of time in Rotorua and I have a particular affection for the place. Therefore it is extremely gratifying to express New Zealand First’s full support for this bill. 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe Mr Speaker. Kia ora tatou katoa. Like other members of the House today I look forward as an elected member of Parliament to times when progress will be achieved and when we know members of our constituency will benefit directly from some of the legislation we put through. This is one of those times. 
It is also a time when my colleague the MP for Rotorua Steve Chadwick and I and perhaps some others who may choose to declare their status today may be in the unique position of having a special privilege in respect of this bill. As I declared at the first reading our family are cardholders. We are members of the Rotorua Public Library with a status that clearly places us at an advantage in terms of this bill. 
If members go into the philosophy section of the Rotorua Public Library and look for the sections headed “Political Analysis and Cultural Criticism” they might come across books by the distinguished professor bell hooks. The unconventional lower casing is in the words of hooks to symbolise “… that what is most important in my works is the substance of the books not who I am.” This is from a person who also said: “Life-transforming ideas have always come to me through books.” 
So how did this girl from Kentucky growing up poor black and marginalised turn out to be a leading African-American intellectual who has contributed greatly to library shelves around the world? What were the life-transforming ideas that made that possible? Hooks would say that the key lies in communication and literacy and the capacity to read write and think critically. It is about education as a practice of freedom and it is because of education for liberation that the Maori Party is pleased today to support the local member from Rotorua Steve Chadwick in her initiative on this bill. 
We are delighted that the Government Administration committee has supported this bill without amendment and we look forward to the smooth passage of the legislation to enable the council to get on with the job. The job I am talking about is that of accessing the capital of the endowment fund bequeathed by Elizabeth Ann Seddon-Johnson in order to extend the Rotorua Public Library. The substance of books is where things are at. This bill will ensure that the substance of books will be available across the Rotorua community. Having a larger facility more space and more resources will both honour the intention of the bequest and serve as a fine legacy for future generations. 
But as other speakers have said the bill has been a long time coming. Elizabeth Ann Seddon-Johnson bequeathed the residue of her estate as per the terms of her will in 1932 and Mr Tisch talked about probate being granted in September 1936. So here we are 70 years later finally able to see her wishes come to pass and supporting legislation to expand the library and enable the building of a new wing. We congratulate the benefactor and the Rotorua Public Library on keeping the vision alive. Although it has taken 70 years to get to this point it should be noted that the interest from the capital investment of the endowment has been used usefully in library maintenance and upkeep including the purchase of more books. 
Finally I make mention of the advice received from Jane Gilbert of the Rotorua Public Library and Richard Price a lawyer for the Rotorua District Council. Both the librarian and the lawyer spoke of the considerable benefits that would flow through to the whole community in Rotorua through the passing of this legislation. They made special mention of the fact that the amendment will enable an expansion of the Rotorua history section including the history of Te Arawa. 
So I return again to bell hooks and her statement that life-transforming ideas have always come to her through books and the question I ask is what life-transforming ideas will be in the books of Te Arawa from the last year of political history. Will they include a discussion of the confiscation by stealth through the new invention of the Crown stratum? Will the library shelves include any volumes that reveal Government commitment to the lakes protection and restoration action programme or will there be an empty space? Will our histories reveal the damage done to the Te Arawa lakes which had been in a pristine state when leased to the Crown in 1922? 
In 1922 in an honourable gesture our elders signed an agreement between Te Arawa and the Crown. It was thought that benefits would flow through to Te Arawa following that agreement. My hope is that this honourable gesture made by Elizabeth Ann Seddon-Johnson does not suffer the same fate as the agreement for Te Arawa some 10 years earlier. The Maori Party will support this bill as we support any attempts to encourage life-transforming ideas. We will be looking to the Rotorua District Council and the Rotorua Public Library to do their best to honour the original intentions of the benefactor to invest in the business of ideas and to do that truly for the benefit of all the community. Kia ora tatou. 
Bill read a second time. 
Bill read a third time.