Tabuteau Fletcher: Taxation (Annual Rates for 2015-16 Research and Development and Remedial Matters) Bill — In CommitteeText is incorporated into the Bound VolumeTabuteau Fletcher: Taxation (Annual Rates for 2015-16 Research and Development and Remedial Matters) Bill — In Committee[Sitting date: 01 December 2015. Volume:710;Page:8441. Text is incorporated into the Bound Volume.]FLETCHER TABUTEAU (NZ First): I just wanted to touch on one of the issues raised in clause 76 “Section CW 55BA Tertiary education institutions and subsidiaries”. It talks specifically about those who have control over an institution.This is where it gets confusing and this is where the Labour Party had a lot to say. The clause kind of contradicts itself and I would just raise this with the Minister: “where no person other than a tertiary education institution with some control over the company is able to direct or divert”. So it has only got some control but then it is able to direct or divert which raises some of the questions around the eligibility of a controller of an institution and about what they are entitled to do in terms of accessing those funds diverting those funds and that particular issue.Unfortunately my primary purpose of this first call for the evening was on clause 71 “Section CF3 amended (Withdrawals from foreign superannuation scheme)”. You can imagine that New Zealand First gets many questions from constituents on superannuation—Hon David Cunliffe: No they don’t. No you don’t.FLETCHER TABUTEAU: And it is obviously no surprise to my friends around me in the Chamber. But actually I have to admit that the clause goes on for four pages of the bill and so my call at this point of the evening is to actually ask for some explanation from the Minister.I have to admit that I was not on the Finance and Expenditure Committee and was not part of the debrief but I think when you look at some of the terminology and some of the wording used you will find that you will get these unintended consequences that New Zealand First speaks so often about when we are referring to remedial matters from the National Government.I will use just a few examples. Clause 189 corrects an oversight around the omission of the phrase “an educational bursary” within MB 13(2)(f) in the Income Tax Act 2007. The reality there is that it was always intended to be both an educational scholarship and the educational bursaries were supposed to be included in that calculation. And yet here we are nearly 10 years later amending the legislation.The other one that has just been spoken to eloquently and with great knowledge was in clause 81 around the commencement date—Hon Clayton Cosgrove: Very piously I thought.FLETCHER TABUTEAU: —piously?—for accommodation provisions applying to ministers of religion. So I think when you look at the legislation we have to acknowledge that the reason it is in there is that the incorrect date was inadvertently changed in the Taxation (Annual Rates Employee Allowances and Remedial Matters) Act 2014. These provisions would apply from 1 July 2013 and not 15 April as is currently written in the Act. So here we are now fixing it up.I will come to it later on in the piece because it is not the appropriate part of the debate tonight to talk to it but Supplementary Order Paper 129 I think it was is an example of just what it is that the public needs to be wary of. We have so much to work through here and mistakes are already being made. I acknowledge that the Government is trying to rectify them at the moment but the reality is that this is a large piece of work and the debate needs to be extensive. I think when I come to that Supplementary Order Paper we need to acknowledge that the work has not been done and we are going to need to look at it again.Just to finish off in the time that I have back to clause 71(3)(a): “A foreign superannuation withdrawal is not income of the person under subsection (2)(d) if—(a) the benefit is an interest of the person in the scheme that is withdrawn on the death of the person or under a relationship agreement arising from an event”—