edithatogo/nz-hansard-corpus huggingface dataset:
Dunne Peter: Smoke-free Environments Amendment Bill — Procedure Referral to Health Committee Instruction to CommitteeCWH In Committee 
Dunne Peter: Smoke-free Environments Amendment Bill — Procedure Referral to Health Committee Instruction to CommitteeCWH In Committee 
[Volume:610;Page:7928] 
Hon PETER DUNNE (Leader—United Future) 
: 
 I move  
That the order of the day for the Committee stage of the Smoke-free Environments Amendment Bill be discharged and that the bill be referred to the Health Committee for further consideration 
.
Business of Select Committees — Reporting Dates 
Business of Select Committees — Reporting Dates 
[Volume:612;Page:9336] 
Business of Select Committees 
Reporting Dates 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 I seek leave for the date by which the Local Government and Environment Committee reports the New Plymouth District Council (Land Vesting) Bill to be extended to 30 April 2003. 
Mr SPEAKER 
: Leave is sought. Is there any objection? There appears to be none.
Business Statement 
Business Statement 
[Volume:617;Page:12702] 
Business Statement 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 Next week in the House the Government will be seeking to make progress on the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill the Criminal Records (Clean Slate) Bill the Corrections Bill the Judicial Matters Bill and the Forests Amendment Bill. I had indicated to the Business Committee that the first reading of the New Zealand Sign Language Bill will be taken on Thursday 13 May as the first item of business. That is not now the case and I will indicate to all other parties as soon as I can what the intended date will now be. 
GERRY BROWNLEE (Deputy Leader—National) 
: 
 I wonder whether the Leader of the House might be able to give us some indication of what has happened to the Civil Union Bill and when we might expect that bill to see the light of day in the House. 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 It is the Government’s intention to introduce the Civil Union Bill along with the consistency legislation at the same time. That may be done during this May period or it may be done during the June period.
Vote: Crimes Amendment Bill (No 2) — In Committee Third Reading 
Vote: Crimes Amendment Bill (No 2) — In Committee Third Reading 
[Volume:625;Page:20061] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 46 
New Zealand National 27; New Zealand First 13; ACT New Zealand 6. 
Noes 71 
New Zealand Labour 51; Green Party 9; United Future 8; Progressive 2; Maori Party 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Tony Ryall to the amendment to clause 7 set out on Supplementary Order paper 351 in the name of the Hon Phil Goff be agreed to: 
to omit from subsection (1) of proposed new section 131B the expression “7 years” and substitute the expression “10 years”.
Vote: Public Finance (State Sector Management) Bill — In Committee 
Vote: Public Finance (State Sector Management) Bill — In Committee 
[Volume:622;Page:17907] 
A party vote was called for on the question  
That the question be now put. 
Ayes 70 
New Zealand Labour 51; Green Party 9; United Future 8; Progressive 2. 
Noes 49 
New Zealand National 27; New Zealand First 13; ACT New Zealand 9. 
Motion agreed to. 
The question was put that the following amendment in the name of Rod Donald to clause 157 be agreed to: 
to omit paragraph (b) of subclause (2) and substitute the following new paragraph: 
(b)A pay and employment equity programme.
Field Taito Phillip: Building Bill — In Committee Procedure 
Field Taito Phillip: Building Bill — In Committee Procedure 
[Volume:619;Page:14856] 
Hon TAITO PHILLIP FIELD (Minister of State) 
: 
 I move  
That the question be now put 
.
Vote: Public Finance (State Sector Management) Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Vote: Public Finance (State Sector Management) Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 14 December 2004. Volume:622;Page:17887. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the question be now put. 
Ayes 61 
New Zealand Labour 51; United Future 8; Progressive 2. 
Noes 58 
New Zealand National 27; New Zealand First 13; ACT New Zealand 9; Green Party 9. 
Motion agreed to. 
The question was put that the amendments set out on Supplementary Order Paper 315 in the name of the Hon Dr Michael Cullen to Part 3 be agreed to.
Hunt Jonathan: Obituaries — Hon Arthur Ellis Kinsella 
Hunt Jonathan: Obituaries — Hon Arthur Ellis Kinsella 
[Volume:615;Page:11581] 
Mr SPEAKER 
: I regret to inform the House of the death on Thursday 4 March of the Hon Arthur Ellis Kinsella QSO who represented the electorate of Hauraki from 1954 to 1969. He was Minister of Broadcasting from 1960 to 1963 Postmaster-General from 1961 to 1963 and Minister of Education from 1963 to 1969. I desire on behalf of this House to express our sense of the loss we have sustained and our sympathy with the relatives of the late former member. 
Honourable members stood as a mark of respect.
Worth Richard: Questions for Oral Answer — Questions to Ministers 
Worth Richard: Questions for Oral Answer — Questions to Ministers 
[Volume:612;Page:9312] 
10.  
RICHARD WORTH (National—Epsom) 
 to the  
Attorney-General 
: Will the Government be asking the Maori Land Court to adjourn foreshore and seabed cases before it for “somewhere in the order of six months”; if so what is the Government’s time frame for finalising the foreshore and seabed policy? 
Hon Dr MICHAEL CULLEN (Leader of the House)  
on behalf of the  
Attorney-General: 
 The Government will be making an application to the Maori Land Court to adjourn foreshore and seabed cases to provide more time to complete its consultations and clarify the law but no specific time frame has been set. It is certainly hoped that consultations will be complete and the policy details announced this year. 
Richard Worth 
: When Crown counsel Mr Doogan told the Waitangi Tribunal yesterday that he could not say for sure whether the Crown was “committed to maintaining” the so-called four principles was he telling the truth or was he misleading the tribunal and in fact the four principles remain in force? 
Hon Dr MICHAEL CULLEN 
: Neither. But the four principles do remain in force and I will be ensuring that Crown counsel are better briefed before they reappear on Thursday. 
Stephen Franks 
: Will the Attorney-General undertake that the Maori Land Court will one day be allowed to decide on the claims that are before it and to define customary property interests as promised by Dr Michael Cullen to the Omakau hui; if so how will the principle of certainty sit with the bias that appears when the same judges are wearing their Waitangi Tribunal hats? 
Hon Dr MICHAEL CULLEN 
: The Attorney-General is committed to fulfilling any promises made by the Hon Dr Michael Cullen. The member raises a very interesting issue about people wearing two hats one of the Waitangi Tribunal and one of the Maori Land Court. I suspect that is an issue the Government may want to look at in the near future. 
Richard Worth 
: Arising from his answer to a supplementary question in what specific way will Crown counsel be “better briefed” at the next appearance? What was the shortcoming in the information provided to the Waitangi Tribunal by Crown counsel on behalf of the Government? 
Hon Dr MICHAEL CULLEN 
: In Maori terms there was a failure to have a kanohi te kanohi meeting between the Ministers and Crown counsel. 
Richard Worth 
: I raise a point of order Mr Speaker. Not only was it impossible to hear that answer it contained foreign language references. 
Mr SPEAKER 
: Yes could the Minister repeat his answer? 
Hon Dr MICHAEL CULLEN 
: The answer I gave was that the failure was probably the fact that there was a failure to have—to use Maori language—a kanohi te kanohi briefing between Ministers and Crown counsel. That means face to face.
Vote: Care of Children Bill — In Committee Procedure 
Vote: Care of Children Bill — In Committee Procedure 
[Volume:621;Page:16700] 
A party vote was called for on the question  
That clause 2 as amended be agreed to. 
Ayes 68 
New Zealand Labour 51; Green Party 9; United Future 8. 
Noes 46 
New Zealand National 27; New Zealand First 13; ACT New Zealand 5; Maori Party 1. 
Clause 2 as amended agreed to.
Benson-Pope David: Voting — Correction; General Debates 
Benson-Pope David: Voting — Correction; General Debates 
[Volume:608;Page:5700] 
DAVID BENSON-POPE (Senior Whip—NZ Labour) 
: 
I cannot help but observe the double standard being exhibited by the speaker from the Opposition given the extraordinary 5-minute barrage my colleague Mr Barker faced during his contribution. 
The ASSISTANT SPEAKER (Hon Clem Simich) 
: I thank members for that. These speeches are very short speeches. If members could show much more restraint it would be appreciated but it is entirely up to the members. I take the member’s point—it is a point that occurred to me too. The barrage against Rick Barker was of the same intensity as the barrage from the Government benches when the Hon Roger Sowry was speaking; maybe a little louder. It is entirely up to members. I ask them to show restraint because the speeches are of only 5 minutes duration.
Amended Answers to Oral Questions — Question No. 7 to Minister 
Amended Answers to Oral Questions — Question No. 7 to Minister 
[Volume:626;Page:20842] 
Amended Answers to Oral Questions 
Question No. 7 to Minister 
Hon RICK BARKER (Acting Minister of Internal Affairs) 
: 
 I seek to correct the record in respect of my answer to question No. 7 today when I advised the House that the current rate of claims to the Weathertight Homes Resolution Service is 71 per month. The figure of 71 should have been in respect of the month of May and of part of the month of May—up to the 16th. I withdraw the associated comment I made with that.
Cullen Michael: Standing Orders—Suspension 
Cullen Michael: Standing Orders—Suspension 
[Volume:608;Page:5164] 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 I move  
That Standing Order 178 be suspended until 31 December 2003 
. 
Motion agreed to.
Vote: Credit Contracts and Consumer Finance Bill — In Committee 
Vote: Credit Contracts and Consumer Finance Bill — In Committee 
[Volume:611;Page:8715] 
A party vote was called for on the question  
That the amendment be agreed to.  
Ayes 48 
New Zealand National 27; New Zealand First 13; ACT New Zealand 8. 
Noes 69 
Labour 52; Green Party 9; United Future 8. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Tony Ryall to clause 47C be agreed to: 
to omit this clause.
Jones Dail: Retirements — Chief Ombudsman; Appointments — Chief Ombudsman and Ombudsmen 
Jones Dail: Retirements — Chief Ombudsman; Appointments — Chief Ombudsman and Ombudsmen 
[Volume:608;Page:5134] 
DAIL JONES (NZ First) 
: 
 On behalf of New Zealand First I join with the other speakers in supporting the three motions. All three persons have been mentioned by the previous speakers. I can say that the public has been extremely well served by Sir Brian George Conway Elwood who made his name in local government and added to it with great excellence in his position as Chief Ombudsman. I am sure that the two new appointees in their continuation of terms and such like will perform excellently for New Zealand and the public as officers of Parliament. New Zealand First supports all the motions.
Tizard Judith: Building Bill — In Committee Procedure 
Tizard Judith: Building Bill — In Committee Procedure 
[Volume:619;Page:14828] 
Hon JUDITH TIZARD (Minister of Consumer Affairs) 
: 
 I move  
That the question be now put.
Bradford Sue: Commission for the Family Bill — First Reading 
Bradford Sue: Commission for the Family Bill — First Reading 
[Volume:617;Page:13111] 
SUE BRADFORD (Green) 
: 
 There is not a lot more to say about this bill but I must admit that as a member of the Social Services Committee which not that long ago spent some considerable months hearing submissions and considering the bill that established the Families Commission I find it extremely odd to be debating the first reading of the Commission for the Family Bill tonight. Members’ bills usually represent substantial drafting and political commitment from the members of parties that put them forward. I would have thought that Mr McNair and New Zealand First as a minor party without the ability to create and implement Government legislation would put their efforts into a somewhat more useful and creative policy initiative at this time. 
However I will make just a few points about Mr McNair’s bill. First of all as others have pointed out it is totally redundant. The Families Commission for better or worse is being established and will get under way in July. Although the Green Party did not support the Families Commission Bill I have to acknowledge the thought and work that went into it from both United Future and Labour. I believe that anyone who cares about families and children as the member’s party claims it does should now work with the Families Commission and make the most of what has been achieved so that it does work in the future for the benefit of all families and children in this country. That is an obligation on any of us who support the kaupapa of families and children. 
The second point I would like to make is around what appears to be Mr McNair’s key motivation in continuing to put his bill forward his enthusiasm for establishing a different definition of family than that which evolved through the whole developmental process of United Future’s Families Commission Bill. Mr McNair seems to be oblivious to the many debates that took place in the select committee and in the House—and I am sure the many more debates that took place behind various closed doors—about the definition of“family” in New Zealand today. I have sat through many of them and it is a very complex issue. Those discussions ended up with even a very morally conservative party like United Future agreeing that in this country in 2004 the nature of families is widely variable and does not fit at all with the kind of simplistic wording we see in this bill tonight. Mr NcNair’s bill is a most ill-informed and rudimentary attempt at a member’s bill and I hope his next effort goes better. 
As for the rest of the bill the functions he puts forward are pretty much all contained within the Government legislation apart from ones that are irrelevant as Steve Chadwick pointed out because they already exist. I have to agree with Steve Chadwick Mr Maharey Katherine Rich and others who have said that this bill is basically wasting the time of the House. I would rather be debating a real policy initiative no matter how much I disagreed with it than wasting time on this bill.
Brown Peter: Courts and Criminal Matters Bill — In Committee 
Brown Peter: Courts and Criminal Matters Bill — In Committee 
[Volume:627;Page:21941] 
PETER BROWN (Deputy Leader—NZ First) 
: 
 Last week whilst the Committee was in urgency on this bill New Zealand First made a mistake in its voting in certain places. I seek leave to alter the New Zealand First vote from 12 against to 12 in favour in respect of the party votes on the amendments in the name of the Hon Tony Ryall to Part 2 and Part 4 of this bill. 
Hon Rick Barker 
: Does that alter the outcome of the votes? 
PETER BROWN 
: No.
Peters Jim: Dog Control Amendment Bill — In Committee 
Peters Jim: Dog Control Amendment Bill — In Committee 
[Volume:613;Page:9860] 
JIM PETERS (NZ First) 
: 
 The commencement date of any bill is important but in this case it is even more important if one accepts universal microchipping. As has already been stated the majority of the Local Government and Environment Committee did not support universal microchipping but they did support the microchipping of those dogs classified as dangerous and menacing and impounded dogs that are returned to their owners. That provision takes effect on the commencement date of this bill. Therefore the commencement date becomes important. It allows the Minister and the Department of Internal Affairs and local councils to set in place the procedures by-laws and all the other things that will go with this bill being not just dog control legislation but also in time allowing for new or additional types of registration. Therefore the commencement time is important. We concur with the Minister that the maximum amount of time is needed both now and through to July 2006.
Brash Don: Motions — Olympic Games—Congratulations to New Zealand Team 
Brash Don: Motions — Olympic Games—Congratulations to New Zealand Team 
[Volume:619;Page:15143] 
Dr DON BRASH (Leader of the Opposition) 
: 
 The National Party wholeheartedly supports this resolution. Our medal winners have done this country proud and we should be delighted at their performance. It is also worth mentioning that in addition to the medals our athletes won 21 of our athletes also won Olympic diplomas which I understand reflects the fact that they were placed in the top eight in their sport. That is something we should be very much proud of as well. But perhaps even more than their medals or diplomas the thing that impressed me about their performance was how without exception they were all gracious modest and willing to acknowledge the help and support they had had from their supporters in their victories. That to my mind is the mark of true champions. I certainly support this resolution and the National Party votes for it. 
Rt Hon WINSTON PETERS (Leader—NZ First) 
: 
 New Zealand First joins in with the comments of other speakers who have sought to congratulate our Kiwi athletes who have worked so hard first to get to the Olympics and second to achieve outstanding results once they arrived. The medal-winning efforts of our gold-winning team provided New Zealanders back home with some very exciting moments we will never forget. We were very proud to see them standing under our flag as our national anthem was played. We also admire the other Kiwi athletes who competed in Athens and gave encouraging performances including the 22 who were in the top 10 finishers. Every one of them has shown incredible determination and has made this country a very proud country. 
Could I say just as an aside though that although I admired the efforts in the high jump from both the male and the female athletes none of them surpassed the high jumping effort of my colleague Stephen Franks over the weekend.
Carter David: Smoke-free Environments Amendment Bill — Referral to Health Committee Procedure In Committee 
Text is incorporated into the Bound Volume 
Carter David: Smoke-free Environments Amendment Bill — Referral to Health Committee Procedure In Committee 
[Sitting date: 15 October 2003. Volume:612;Page:9244. Text is incorporated into the Bound Volume.] 
Hon DAVID CARTER (National) 
: 
 I raise another point of order Mr Chairperson for your consideration and it is not to do with the proportionality of calls. I have done a tremendous amount of work on this legislation and I tabled 97 amendments before the debate started. I was concerned that the Government would take the opportunity to truncate the debate and I therefore raised this issue with the Speaker of the House before we went into the Committee stage. He made the point that it would be unlikely that I could expect 100 calls but he certainly suggested that the Chairperson at the time would take note of the considerable number of amendments I have put forward. Despite my calling constantly for the last hour I have still had only two calls on this part.
Peters Winston: Speaker’s Rulings — Privileges of the House and Speaker’s Actions 
Peters Winston: Speaker’s Rulings — Privileges of the House and Speaker’s Actions 
[Volume:611;Page:8656] 
Rt Hon WINSTON PETERS (Leader—NZ First) 
: 
 I raise a point of order Mr Speaker. I cannot let this matter slide away like that. Do you not recall the vandalism out there which can still be seen? Do you not recall the incident being raised with yourself? You said you could not; now you can. We cannot slide by that but that is not what I am putting into contention. It is that the police said that you had been in contact with them and vice versa and that the case was not going to proceed because your office in the form of yourself did not want it to. But the evidence is out there now for anyone to see and you surely must now recall the incident. 
Mr SPEAKER 
: As I said I will give this matter consideration. I certainly recall the incident the member refers to but I also recall a conversation with Mr Franks. I will take advice on it and come back to the House.
Vote: Building Bill — In Committee Procedure 
Vote: Building Bill — In Committee Procedure 
[Volume:619;Page:14830] 
A party vote was called for on the question  
That Part 1A as amended be agreed to. 
Ayes 83 
New Zealand Labour 51; New Zealand First 13; Green Party 9; United Future 8; Progressive 2. 
Noes 36 
New Zealand National 27; ACT New Zealand 8; Independent: Awatere Huata. 
Part 1A as amended agreed to.
Robertson H V Ross: Health (Screening Programmes) Amendment Bill — Second Reading 
Robertson H V Ross: Health (Screening Programmes) Amendment Bill — Second Reading 
[Volume:613;Page:9915] 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I thank the member for drawing this matter to my attention. The reality is though that the National Party was the only party seeking the call at that stage and therefore it had the right to be called. The fact that New Zealand First failed to call is negligible and does not really matter. The call was given to the person who took it and I ruled accordingly. I now call Judy Turner.
Vote: Legislation (Incorporation by Reference) Bill — Instruction to Committee Second Reading Instruction to Committee Instruction to Committee In Committee 
Vote: Legislation (Incorporation by Reference) Bill — Instruction to Committee Second Reading Instruction to Committee Instruction to Committee In Committee 
[Volume:625;Page:19814] 
A party vote was called for on the question  
That the motion be agreed to. 
Ayes 70 
New Zealand Labour 51; Green Party 9; United Future 8; Progressive 2. 
Noes 49 
New Zealand National 27; New Zealand First 13; ACT New Zealand 9. 
Motion agreed to.
Fitzsimons Jeanette: New Organisms and Other Matters Bill — In Committee 
Fitzsimons Jeanette: New Organisms and Other Matters Bill — In Committee 
[Volume:611;Page:8860] 
JEANETTE FITZSIMONS (Co-Leader—Green) 
: 
 I raise a point of order Madam Chairperson. 
The CHAIRPERSON (Ann Hartley) 
: I just want to clarify that the member wants to set aside the Standing Orders so that we can have a wide-ranging debate on the commencement clause. 
JEANETTE FITZSIMONS 
: No Madam Chair that is not what I was seeking and that is the point I am wanting to clarify now. I was not asking that leave be given—or even sought—to extend the debate beyond the question of the coming into force date. I was asking the Chair to take into account when accepting closure motions that the coming into force date is a very central matter to the bill and therefore there were likely to be a number of speakers wishing to draw out the implications of the coming into force date with regard to the matters covered in the bill. I was not asking for a suspension of the Standing Orders. I was not asking for leave of the Committee. I was not telling you how to do your job or debating the closure. I was merely drawing attention as I have heard many members in the Chamber do over the 7 years I have been here to the fact that this next clause is a substantive one not just a technical one as often is the case and that therefore members would like the opportunity to debate it properly.
Peters Winston: Standing Orders 
Peters Winston: Standing Orders 
[Volume:614;Page:10735] 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker.
Robertson H V Ross: Supreme Court Bill — Instruction to CommitteeCWH In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Robertson H V Ross: Supreme Court Bill — Instruction to CommitteeCWH In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:612;Page:9023] 
The CHAIRPERSON (H V Ross Robertson) 
: This is about the voting; the voting is the thing.
Vote: Gambling Bill — Instruction to CommitteeCWH In Committee 
Vote: Gambling Bill — Instruction to CommitteeCWH In Committee 
[Volume:611;Page:8485] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 11 
Green Party 9; Progressive 2. 
Noes 108 
Labour 52; New Zealand National 27; New Zealand First 13; ACT New Zealand 8; United Future 8. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 127 in the name of Sue Bradford to clause 83(2) to (6) be agreed to.
Visitors — Mr Bob Speller MP Commonwealth Parliamentary Association 
Visitors — Mr Bob Speller MP Commonwealth Parliamentary Association 
[Volume:611;Page:8103] 
Wednesday 27 August 2003 
Mr Speaker 
 took the Chair at 2 p.m. 
Prayers 
. 
Visitors 
Mr Bob Speller MP Commonwealth Parliamentary Association 
Mr SPEAKER 
: I have much pleasure in informing members that Mr Bob Speller MP Chairman of the Executive Committee of the Commonwealth Parliamentary Association accompanied by Dianne Yates is within the precincts of this Chamber. I am sure that members would wish he be welcomed and accorded a seat on the left of the Chair. 
Mr Bob Speller accompanied by Dianne Yates entered the Chamber and took a seat on the left of the Chair.
Hughes Darren: Resource Management (Aquaculture Moratorium Extension) Amendment Bill — Second Reading 
Hughes Darren: Resource Management (Aquaculture Moratorium Extension) Amendment Bill — Second Reading 
[Volume:615;Page:11608] 
DARREN HUGHES (Labour—Otaki) 
: 
 I rise on the second reading of the Resource Management (Aquaculture Moratorium Extension) Amendment Bill which extends the moratorium. Other Government colleagues have outlined in advance the reason this legislation is necessary and I am sure that because it is a moratorium it means that there is more work to be done on it. I am sure that the new Minister of Fisheries the Hon David Benson-Pope will be advancing those issues soon.
Brown Peter: Appointments — Deputy Controller and Auditor-General 
Brown Peter: Appointments — Deputy Controller and Auditor-General 
[Volume:627;Page:21814] 
PETER BROWN (Deputy Leader—NZ First) 
: 
 I listened with interest to the previous speakers. The Minister gave us a somewhat detailed personal background of Phillippa Smith and expounded on her qualifications. She seems very well-qualified for the job. 
Mr Lindsay Tisch indicated—very well I thought—the importance of the Office of the Controller and Auditor-General and some of the challenges that lie ahead. The Hon Richard Prebble took those challenges quite a good deal further. I have to say that he might have a point but for Phillippa Smith to accomplish the challenges on her own she would need to be Wonder Woman or someone like that and I do not think she is quite that. The last speaker Gordon Copeland told us why audits are important and I agree in very large measure with what he said. 
So there is little for me to say except that I was on the interview panel that Phillippa Smith came before. She is obviously not aware but she was up against some first-class candidates and she came through as the winner by a narrow margin. I was very pleased by the calibre of the people who applied for the position. I take this opportunity on behalf of my colleagues in New Zealand First to wish her exceedingly well. 
Motion agreed to.
Vote: Prisoners’ and Victims’ Claims Bill — In Committee Procedure Third Reading 
Vote: Prisoners’ and Victims’ Claims Bill — In Committee Procedure Third Reading 
[Volume:626;Page:21015] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 56 
New Zealand National 26; New Zealand First 13; ACT New Zealand 9; United Future 8. 
Noes 62 
New Zealand Labour 51; Green Party 9; Progressive 2. 
Amendment not agreed to.
Key John: Questions for Oral Answer — Questions to Ministers 
Key John: Questions for Oral Answer — Questions to Ministers 
[Volume:626;Page:21248] 
4.  
JOHN KEY (National—Helensville) 
 to the  
Minister of Finance 
: If a New Zealander holds shares in an Australian company does the investor pay any tax on any capital gains and could this position change after 1 April 2007? 
Hon Dr MICHAEL CULLEN (Minister of Finance) 
: 
 Possibly and therefore possibly. 
John Key 
: Why should New Zealanders who passively own shares in an Australian company be forced to pay a capital gains tax after April 2007 something they are currently exempt from given that the Australian companies they invest in are in many cases no different from the equivalent New Zealand companies that invest capital create jobs and pay tax here in New Zealand? 
Hon Dr MICHAEL CULLEN 
: As the member knows I have clearly expressed a view that there is no single solution that will treat—[ 
Interruption 
] Goodness me! This is from the party that admires the Australian tax system which has a generalised capital gains tax in place. 
John Key 
: Is this capital gains tax not just another tax grab from a Government that is spending so much that it is always looking at new ways to gain tax whether it is through sherry petrol or carbon emissions? 
Hon Dr MICHAEL CULLEN 
: I am fascinated that the member has finally read the Budget speech where I refer to this as being potentially a capital gains tax. It has taken only 4 weeks for him to wake up to what everybody else recognised in a space of minutes. 
John Key 
: How on earth can the Minister be serious about promoting a single economic market with Australia when he is now proposing a capital gains tax on Australian investments held by New Zealand residents? 
Hon Dr MICHAEL CULLEN 
: Given that Australia has a general capital gains tax it is rather strange to suggest that a capital gains tax could not be applied to any form of investment in Australia. The fact is that if we want to simplify a system that at present distinguishes between where people invest how they invest—whether on a revenue or capital account—and how they calculate the investment according to four different methods there is only one way of doing it. But of course anything that is simple is beyond the National Party. 
John Key 
: How can the Minister expect a small stock market like New Zealand’s to cope with all the offshore capital that could get repatriated as a result of his proposed capital gains tax; and is it not true that if the bulk of that capital does come home it will just end up in the property market something the Minister was moaning about during the earlier part of this year? 
Hon Dr MICHAEL CULLEN 
: Given that member’s plans to give away billions of dollars a year in terms of tax cuts I am sure he would want a lot of money to be repatriated to pay for that. 
John Key 
: I seek leave to table the tax schedules that show the New Zealander who passively owns shares today in Australia does not currently pay tax but will do so after 1April 2007. 
Madam SPEAKER 
: Leave is sought to table that document. Is there any objection? There is.
Yates Dianne: Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill — Instruction to Committee In Committee 
Yates Dianne: Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill — Instruction to Committee In Committee 
[Volume:625;Page:20196] 
DIANNE YATES (Labour—Hamilton East) 
: 
 I move  
That the question be now put 
. 
Motion agreed to. 
The question was put that the following amendment in the name of Pita Paraone to recital (32) of the Maori text be agreed to: 
to omit the words “ki Kawerau” and substitute the words “i waenga te rohe o Kawerau”.
Cullen Michael: Urgency 
Cullen Michael: Urgency 
[Volume:621;Page:16627] 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 I move  
That urgency be accorded the Committee stage of the Care of Children Bill. 
 The motion is moved in order that the House can move to the third reading on Tuesday and thus complete its consideration of the bill before it rises for the adjournment.
Benson-Pope David: Government Superannuation Fund Amendment Bill (No 2) — Third Reading 
Benson-Pope David: Government Superannuation Fund Amendment Bill (No 2) — Third Reading 
[Volume:606;Page:3923] 
DAVID BENSON-POPE (NZ Labour—Dunedin South) 
: 
 I rise in support of the bill.
Simich Clem: Television New Zealand Bill — In Committee 
Simich Clem: Television New Zealand Bill — In Committee 
[Volume:606;Page:3812] 
The CHAIRPERSON (Hon Clem Simich) 
: Before I call the next speaker I point out that the speaker who has just ended his speech implied that the Minister had deliberately misled the Committee. All members should take note that that is not permitted in debate.
Vote: New Zealand Trade and Enterprise Bill — Instruction to CommitteeCWH In Committee 
Vote: New Zealand Trade and Enterprise Bill — Instruction to CommitteeCWH In Committee 
[Volume:609;Page:6322] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 48 
New Zealand National 27; New Zealand First 13; ACT New Zealand 8. 
Noes 69 
Labour 52; Green Party 9; United Future 8. 
Amendment not agreed to. 
The question was put that the following amendment in the name of Judith Collins to schedule 1 be agreed to: 
to add to clause 1 the following new paragraph: 
(d)that does not contravene this Act or the Companies Act.
Brown Peter: Fisheries Amendment Bill (No 3) — Second Reading 
Brown Peter: Fisheries Amendment Bill (No 3) — Second Reading 
[Volume:619;Page:14995] 
PETER BROWN (Deputy Leader—NZ First) 
: 
 I do not expect that my call will be very long. I have listened with interest to the contributions made by members and I have to say that I think the substance of the bill has been well canvassed. I am taking a call because I am concerned about the issue of democracy in this place. We have the Greens once wanting to discharge the bill and if Mr Heatley is correct they actually wrote a large part of the majority report. We heard from United Future which did not have a member on the Primary Production Committee commenting on the bill. United Future is supporting a Supplementary Order Paper about 50 percent the size of the bill. If Mr Baldock believes in democracy he should be standing up and telling the Government to send the bill back to the select committee with the Supplementary Order Paper so that the issue can be thrashed out properly and New Zealanders can have a say on this substantial Supplementary Order Paper which is half the size of the bill. He should not have stood up and told the House that he had had a little patsy talk with the Minister and wanted to agree on the legislation and that he knows better than the whole of Parliament. 
Larry Baldock 
: I read that member’s report. 
PETER BROWN 
: Mr Baldock needs to read it again and he will see that New Zealand First stands for ethics and integrity. We believe that far too often when bills come to this House a large Supplementary Order Paper is tabled and then the bill as amended is passed in the dead of night but the public has had no opportunity to comment on it. 
Mr Ewen-Street implied he had a personal assurance from the Minister—and it is not in this Supplementary Order Paper—of some magnitude by the sound of it. The Minister has not taken a call to comment one way or the other. But for that reason Mr Ewen-Street is supporting the bill. He should be ashamed of himself. New Zealand First will be consistent. We have major concerns about this bill. We will oppose it. We have made those views clear. I hope the National Party takes on board the comments we have made about ethics with regard to the way this legislation has been handled. New Zealand First will oppose this bill.
Sowry Roger: Maori Fisheries Bill — In Committee 
Sowry Roger: Maori Fisheries Bill — In Committee 
[Volume:620;Page:15651] 
Hon ROGER SOWRY (National) 
: 
 Reluctant as I am to agree to the sense of recalling the Speaker at this hour I think that is probably the only course and I want to give the reason. Dealing with clauses 1 and 2 at the end of the debate is a new way of dealing with them. It used to be that the title and commencement were separate debates and had separate votes right up front. We now deal with them at the end. The ruling that because we deal with the votes at the end they are effectively taken as a continuum of one vote and not two separate votes for the purpose of when the clock runs out is quite a substantial ruling. If we are to go that way it is a massive change and requires the attention of the Speaker.
Sowry Roger: Personal Explanations — Replies to Questions for Written Answer 
Sowry Roger: Personal Explanations — Replies to Questions for Written Answer 
[Volume:609;Page:6121] 
Hon ROGER SOWRY (Deputy Leader—NZ National) 
: 
 I raise a point of order Mr Speaker. That sounds very much like a ministerial statement. I can well remember when the Rt Hon Jenny Shipley tried to make a personal explanation in this House and the Labour Party stopped that from occurring on the basis that it should be a ministerial statement because it related to answers given in the House. I think that exactly the same rules should apply now.
Hughes Darren: Care of Children Bill — In Committee Procedure 
Hughes Darren: Care of Children Bill — In Committee Procedure 
[Volume:621;Page:16692] 
DARREN HUGHES (Junior Whip—Labour) 
: 
 I move  
That the question be now put 
.
McCully Murray: Questions for Oral Answer — Questions to Ministers 
McCully Murray: Questions for Oral Answer — Questions to Ministers 
[Volume:611;Page:8114] 
Hon MURRAY McCULLY (NZ National—East Coast Bays) 
: 
 I raise a point of order Mr Speaker. I want to seek your guidance on this matter. I asked a very similar question to the same Minister yesterday. As a courtesy to the Minister I sought leave to defer it. That leave was denied. I have been denied that leave again today. I do understand the Standing Orders on this question but want your guidance. I know that the Minister has no public engagements today. I want to say to you that there is a certain point where Opposition members have to conclude that a deliberate strategy is being engaged in to shield an incompetent Minister from the scrutiny of the House at question time. When that happens I suggest to you that there must be some recourse for members on this side. To have a strategy of that sort is to show contempt for the Parliament and contempt for question time.
Hereora Dave: Resource Management (Waitaki Catchment) Amendment Bill — In Committee 
Hereora Dave: Resource Management (Waitaki Catchment) Amendment Bill — In Committee 
[Volume:619;Page:15284] 
DAVE HEREORA (Labour) 
: 
 I move  
That the question be now put 
.
Carter John: Masterton Trust Lands Bill — Second Reading Third Reading 
Carter John: Masterton Trust Lands Bill — Second Reading Third Reading 
[Volume:608;Page:5199] 
JOHN CARTER (NZ National—Northland) 
: 
 I take a brief call to say that the National Party will be supporting the Masterton Trust Lands Bill through its second and third readings and to say that this bill was supported by former member Wyatt Creech. If Wyatt Creech says the bill is good enough to support then it is good enough to support. My understanding is that local people raised one or two issues at meetings of the Local Government and Environment Committee. The committee took their points of view and added them into the bill which improved the legislation. The purpose of the bill is to modernise the trust. That is what the supporters and proponents of the bill require and it needs to proceed.
King Annette: General Debates 
King Annette: General Debates 
[Volume:612;Page:8982] 
Hon ANNETTE KING (Minister of Health) 
: 
 I seek leave to table an email received today from the chief executive of the Counties Manukau District Health Board regarding Mrs Grimsdell which states: “We are currently awaiting the result of that assessment before proceeding with surgery. Once we have received the cardiology report the anaesthetist will again see Mrs Grimsdell to assess her for surgery.” 
Document by leave laid on the Table of the House.
Vote: Prisoners’ and Victims’ Claims Bill — In Committee Procedure Third Reading 
Vote: Prisoners’ and Victims’ Claims Bill — In Committee Procedure Third Reading 
[Volume:626;Page:20987] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand National 27; New Zealand First 13; ACT New Zealand 9; United Future 8. 
Noes 62 
New Zealand Labour 51; Green Party 9; Progressive 2. 
Amendment not agreed to. 
The question was put that the following amendment in the name of Marc Alexander to clause 21 be agreed to: 
to omit subparagraph (i) of paragraph (b) and substitute the following new subparagraph: 
(i)the close of the day that is 24 months after the sending date of the previous notice; and.
Cullen Michael: Business Statement 
Cullen Michael: Business Statement 
[Volume:623;Page:18739] 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 It may be helpful if I reiterate what I said previously which is that further material will be coming to members well before Tuesday week. If the member still has issues at that point—and I do not think he will by that stage—then those matters will definitely be raised at the time when we enter into the Committee stage. But they cannot be discussed now because that material is not yet available to members.
Hartley Ann: Naming and Suspension of Member 
Hartley Ann: Naming and Suspension of Member 
[Volume:608;Page:5289] 
Madam DEPUTY SPEAKER 
: The question was put— 
Hon Richard Prebble 
: You are not following the right rules. It is outrageous. 
Madam DEPUTY SPEAKER 
: The member will be silent. The vote will be put.
Vote: Health Practitioners Competence Assurance Bill — In Committee 
Vote: Health Practitioners Competence Assurance Bill — In Committee 
[Volume:611;Page:8139] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 46 
New Zealand National 27; New Zealand First 13; ACT New Zealand 6. 
Noes 69 
Labour 52; Green Party 9; United Future 8. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 111 in the name of Heather Roy to insert new subclause (2)(a)(viiia) in clause 95 be agreed to.
Pettis Jill: Employment Relations Law Reform Bill — Second Reading 
Pettis Jill: Employment Relations Law Reform Bill — Second Reading 
[Volume:620;Page:15840] 
JILL PETTIS (Labour—Whanganui) 
: 
 That member does not have to worry—[ 
Interruption 
]
Barker Rick: Maori Fisheries Bill — In Committee 
Barker Rick: Maori Fisheries Bill — In Committee 
[Volume:620;Page:15437] 
Hon RICK BARKER (Minister for Courts) 
: 
 I move  
That the question be now put 
.
Vote: Identity (Citizenship and Travel Documents) Bill — Second Reading Instruction to Committee In Committee 
Vote: Identity (Citizenship and Travel Documents) Bill — Second Reading Instruction to Committee In Committee 
[Volume:625;Page:20119] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 10 
Green Party 8; Maori Party 1; Other: Robson. 
Noes 105 
New Zealand Labour 51; New Zealand National 25; New Zealand First 13; ACT New Zealand 7; United Future 8; Progressive 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Matt Robson to clause 8 be agreed to: 
to omit the term “8A”.
Hunt Jonathan: Urgent Debates — Government Proposals for Seabed and Foreshore 
Hunt Jonathan: Urgent Debates — Government Proposals for Seabed and Foreshore 
[Volume:611;Page:8040] 
Mr SPEAKER 
: I have received letters from the Hon Bill English the Hon Peter Dunne the Hon Ken Shirley the Hon Richard Prebble and Jeanette Fitzsimons to debate under Standing Order 376 the announcement of the Government’s proposals for the seabed and foreshore. This is a particular case of recent occurrence and given its importance I consider that it does require the immediate attention of the House. As the first application was received from the Hon Bill English I call upon him to move the motion.
Burton Mark: Business Statement 
Burton Mark: Business Statement 
[Volume:620;Page:15945] 
Hon MARK BURTON (Acting Leader of the House) 
: 
 Next week in the House priority will be given to the remaining stages of the Electricity and Gas Industries Bill the Holidays Amendment Bill the Employment Relations Law Reform Bill and the first reading of the Education (Establishment of Universities) Amendment Bill.
Benson-Pope David: Estimates Debate —  Speaker Recalled In Committee 
Benson-Pope David: Estimates Debate —  Speaker Recalled In Committee 
[Volume:610;Page:7283] 
DAVID BENSON-POPE (Senior Whip—NZ Labour) 
: 
 I am rather surprised and frankly somewhat disappointed by the statement that Mr Shirley has just made. I think that my conduct in the face of very severe provocation by him earlier in the Committee was entirely moderate and temperate. [ 
Interruption 
] I provided the Committee with the information that was needed. 
The CHAIRPERSON (Ann Hartley) 
: I have warned members once about speaking while points of order are being heard. This is the final warning. 
DAVID BENSON-POPE 
: I take offence at Mr Shirley’s accusation— 
Hon Ken Shirley 
: This isn’t a point of order. 
The CHAIRPERSON (Ann Hartley) 
: I have given a warning. It is up to me to rule whether this is a point of order. 
DAVID BENSON-POPE 
: I take offence at the suggestion which would be refuted by anyone present in the Committee that my behaviour was intemperate immoderate or offensive if that word was used as well. I ask Mr Shirley to withdraw and apologise. 
The CHAIRPERSON (Ann Hartley) 
: No I do not think that is necessary. An informal agreement between the whips was entered into; it was not an agreement of the Business Committee. It is a matter that must be sorted out between the whips. It is not a matter on which I can rule. The debate time is fixed in the Standing Orders. I refer members to page 95 of the Standing Orders. It is not within the Committee’s power to put leave to extend the time of the debate. It is a matter that the House would have to address.
Vote: Maori Television Service Bill — In Committee 
Vote: Maori Television Service Bill — In Committee 
[Volume:608;Page:5113] 
A party vote was called for on the question  
That the question be now put. 
Ayes 69 
Noes 47 
Motion agreed to. 
Labour 52; Green Party 9; United Future 8. 
New Zealand National 27; New Zealand First 13; ACT New Zealand 7. 
The question was put that the amendments set out on Supplementary Order Paper 77 in the name of the Hon Parekura Horomia to the schedules be agreed to.
Hunt Jonathan: Appointments — Ombudsman—Beverley Wakem 
Hunt Jonathan: Appointments — Ombudsman—Beverley Wakem 
[Volume:622;Page:17664] 
Mr SPEAKER 
: This is an Officer of Parliament position and I was chairman of the Officers of Parliament Committee. I know Beverley Wakem personally and I just want to say how pleased I am that this was a unanimous appointment. We are very pleased to welcome her as an Officer of Parliament if this motion is carried. 
Motion agreed to.
Vote: Misuse of Drugs Amendment Bill (No 3) — In Committee Third Reading 
Vote: Misuse of Drugs Amendment Bill (No 3) — In Committee Third Reading 
[Volume:626;Page:21493] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 17 
ACT New Zealand 9; Green Party 7; Maori Party 1. 
Noes 100 
New Zealand Labour 51; New Zealand National 26; New Zealand First 13; United Future 8; Progressive 2. 
Amendment not agreed to. 
The question was put that the following amendment in the name of Judy Turner to clause 5(2) be agreed to: 
to omit paragraph (b) from section 4(1B).
Turner Judy: Human Assisted Reproductive Technology Bill — Recommittal In Committee Third Reading Procedure 
Turner Judy: Human Assisted Reproductive Technology Bill — Recommittal In Committee Third Reading Procedure 
[Volume:621;Page:16855] 
JUDY TURNER (United Future) 
: 
 I seek the leave of the House to table the voting record of United Future on this matter. 
Document by leave laid on the Table of the House.