Sage EugenieHon EUGENIE SAGE (Green): Mālō e lelei. New Zealanders can sometimes be a bit shy about talking about constitutional matters seeing them as the preserve of constitutional lawyers and learned university professors and judges. It was only as a member of the Regulations Review Committee this term that I've really fully appreciated its role as a really important constitutional safeguard. It's one of the checks and balances in our parliamentary democracy on the power of the executive. It exercises as Vanushi Walters has noted that we are very self-aware but I just think it is useful to explain what the committee does.So in terms of lawmaking it scrutinises the powers in bills that are proposed to be given to the executive to make secondary legislation. So what's secondary legislation? Law that is made by someone other than Parliament under a power that Parliament has given. It could be regulations orders rules or notices and it's often the detail of implementation of legislation. So it scrutinises those powers and draws any that are inappropriate to the attention of the specialist subject select committee which is considering that bill. It also looks in relation to secondary legislation at whether it's in accord with the general objects and intent of the Act under which it's made. The Standing Orders of this House at Standing Order 327 set out the grounds where a regulation may not be appropriate: because it can trespass unduly on personal rights and liberties or it appears to make some unusual or unexpected use of powers which the legislation has conferred. So it ensures particularly in response to complaints which members of the public can make about particular regulations that they have been developed and are being implemented appropriately in accordance with the purpose and principles of the Act.So it is a very significant committee and I acknowledge the former chair Chris Penk the current chair the Hon Judith Collins and the considerable wisdom of legislative counsel who provide along with the committee secretariat enormous support to the committee's work.This review was important. As others have noted we had great help from barrister Jason McHerron and also Professor Dean Knight Professor Andrew Geddis and others from Victoria University and Otago University in terms of their submissions.So far COVID has led to the deaths of nearly 7 million people—confirmed deaths—worldwide and the actual numbers are likely to be much higher. I endorse the comments that Vanushi Walters made about the fact that New Zealand's response to the health emergency of COVID was rapid it was effective and it was very successful in keeping New Zealanders safe.The Government did rely on the Epidemic Preparedness Act 2006 and the Health Act 1956 and the powers in those Acts initially. Then after two months it passed special legislation like the COVID-19 Public Health Response Act 2020. As others have noted that legislation was passed under urgency. There was no select committee process. There was a need for speed but the committee in its report differentiated those pieces of legislation where speed was needed with the COVID-19 Public Health Response (Extension of Act and Reduction of Powers) legislation which was passed in a day and which potentially really should have gone to select committee to allow more detailed consideration.One of the other points that the committee made when it was reviewing the orders—and I think we considered over 200 orders—was the constitutional principles that law must be clear and certain and that it must distinguish between what is mandatory and what is merely recommended and here words really matter. The committee has provided advice to Ministers and agencies about the importance of words like may" and "must". It must be consistent with human rights the power to make law as opposed to the power to apply it must be authorised and any exemptions and criteria for them must be precisely described.One of the things that is also recommended in the review report is that as well as the royal commission of inquiry there should be a separate consideration by Government agencies to look at the specific lessons learnt to assist in future emergencies with the drafting of secondary legislation and these orders and notices in addition to the royal commission. Thank you Madam Speaker."