edithatogo/nz-hansard-corpus huggingface dataset:
Tisch Lindsay: Employment Relations Amendment Bill — Second Reading In Committee 
Tisch Lindsay: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:442] 
The CHAIRPERSON (Lindsay Tisch) 
: The next amendment is in the name of the Hon Trevor Mallard to insert subsection (4A) in section 67B in clause 7. The question is that this amendment be agreed to. 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. Is this new section 67B(1) as opposed to just section 67? 
The CHAIRPERSON (Lindsay Tisch) 
: No this is an amendment to insert subsection (4A) in section 67B. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to insert in section 67B the following subsection: 
(4A)In the event that an employer considers that an employee is unable to successfully complete the probationary employment then the employer shall advise the employee in writing of the reasons.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:442] 
A vote was called for on the question  
That the amendment be agreed to. 
Ayes 54 
New Zealand Labour 43; Green Party 6; Maori Party 4; Progressive 1. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Amendment not agreed to.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:442] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 10 
Green Party 6; Maori Party 4. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Abstentions 44 
New Zealand Labour 43; Progressive 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to insert in section 67B the following subsection: 
(3A)A person whose employment agreement is terminated in accordance with subsection (1) shall be able to mediate the employer’s decision not to continue the employment but there shall be no other recourse to personal grievance procedures under section 103(1)(a) of this Act.
Tisch Lindsay: Employment Relations Amendment Bill — Second Reading In Committee 
Tisch Lindsay: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:441] 
The CHAIRPERSON (Lindsay Tisch) 
: The next amendment is in the name of the Hon Trevor Mallard to insert words in new section 67B(2) in clause 7. The question is that this amendment— 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. I would have thought that you would have ruled this out now given the earlier decision on the part to which this refers. Clearly this amendment refers to actions set out in my proposed amendment to insert new section 67AA. That amendment was not agreed to by the Committee and in those circumstances I think the Chair would normally rule out a subsequent amendment to it. One cannot amend a clause that the Committee has already declined to pass. 
The CHAIRPERSON (Lindsay Tisch) 
: Does the member wish to withdraw this amendment? 
Hon Trevor Mallard 
: I am asking for your ruling Mr Chairperson. 
The CHAIRPERSON (Lindsay Tisch) 
: I have already called it so we will put it to the vote. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to insert in section 67B(2) after “in respect of the dismissal” “provided that the employer has undertaken the actions set out in section 67AA”.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:441] 
A party vote  was called for on the question  
That the amendment be agreed to. 
Ayes 54 
New Zealand Labour 43; Green Party 6; Maori Party 4; Progressive 1. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to insert the following section: 
67AA Actions by employer in cases of employee non-performance 
Prior to giving an employee on a trial provision notice of termination the employer needs to have carried out the following actions: 
(a)Set out for the employee in writing any concerns that could result in the employee’s employment being terminated and any behaviour required by the employee to address these concerns; and 
(b)Provided a reasonable period of time for the concerns referred to in subsection (1)(a) to be addressed; and 
(c)Provided after the period referred to in subsection (1)(b) written notice of dismissal setting out in which way the concerns were not addressed.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:440] 
A party vote  was called for on the question  
That the amendment be agreed to. 
Ayes 54 
New Zealand Labour 43; Green Party 6; Maori Party 4; Progressive 1. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to add to section 67A the following subsection: 
(6)A trial provision under subsection (2) can apply only to a position of employment where the trial provision has been specified as being part of the employment agreement for that position and as such: 
(a)The trial provision must be fully disclosed in any position description or material seeking applicants for the employment position; and 
(b)Cannot be subsequently added to either the employment description or any subsequent employment agreement.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:440] 
A party vote  was called for on the question  
That the amendment be agreed to. 
Ayes 54 
New Zealand Labour 43; Green Party 6; Maori Party 4; Progressive 1. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to. 
to insert in section 67A the following subsection: 
(4A)A trial provision under subsection (2) does not apply if the employer makes it a requirement of employment.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:440] 
A party vote  was called for on the question  
That the amendment be agreed to. 
Ayes 54 
New Zealand Labour 43; Green Party 6; Maori Party 4; Progressive 1. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to insert in section 67A(2)(c) after “in respect of the dismissal” “(subject to the process in section 67AA”.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:439] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 54 
New Zealand Labour 43; Green Party 6; Maori Party 4; Progressive 1. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to omit from section 67A(2)(a) “for a specified period (not exceeding 90 days)” and substitute “for one day”.
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:439] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. Are you putting the vote on the Supplementary Order Paper or the amendment to the clause? You called it on the amendment to the clause but not on the Supplementary Order Paper. Are you doing the full thing as one or will we have a clause by clause new section by new section vote as part of the amendments that are before the Committee? I am happy of course to do it section by section but normally we do it Supplementary Order Paper by Supplementary Order Paper. 
The CHAIRPERSON (Lindsay Tisch) 
: This is an amendment to new section 67A(1) in clause 7. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to insert in section 67A(1) after “as defined in subsection 4” “(subject to the process in section 67AA.”
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:439] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. Could you now inform us which of the two amendments that refer to new section 67A we have voted on? Is it the one that makes it clear that an employer cannot make a trial provision a condition of employment or is it the one that changes the maximum trial period to 1 day? 
The CHAIRPERSON (Lindsay Tisch) 
: It is the amendment in the member’s name to the heading of new section 67A.  
Hon TREVOR MALLARD 
: So that is the maximum trial period one? Thank you. 
The CHAIRPERSON (Lindsay Tisch) 
: The next amendment in the name of the Hon Trevor Mallard is to new section 67A(1).
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:439] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 54 
New Zealand Labour 43; Green Party 6; Maori Party 4; Progressive 1. 
Noes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Amendment not agreed to.
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:439] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. I am sorry to interrupt but we cannot tell which of the amendments you are referring to. I think you need to refer to the italics in order to make it clear. 
The CHAIRPERSON (Lindsay Tisch) 
: There is only one amendment to the heading of new section 67A and that is what I have referred to. 
The question was put that the following amendment in the name of the Hon Trevor Mallard to clause 7 be agreed to: 
to omit from the heading to section 67A “90 days” and substitute “1 day”.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:438] 
A party vote was called for on the question  
That the question be now put. 
Ayes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Noes 54 
New Zealand Labour 43; Green Party 6; Maori Party 4; Progressive 1. 
Motion agreed to.
Power Simon: Employment Relations Amendment Bill — Second Reading In Committee 
Power Simon: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:438] 
Hon SIMON POWER (Deputy Leader of the House) 
: 
 I move  
That the question be now put 
.
Hayes John: Employment Relations Amendment Bill — Second Reading In Committee 
Hayes John: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:437] 
JOHN HAYES (National—Wairarapa) 
: 
 I move that the motion be now put. 
The CHAIRPERSON (Lindsay Tisch) 
: That was not— 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. In case you were inclined to accept the closure motion I point out that it was of course put in the incorrect manner. 
The CHAIRPERSON (Lindsay Tisch) 
: I thank you. I heard what the member said.
Bakshi Kanwaljit Singh: Employment Relations Amendment Bill — Second Reading In Committee 
Bakshi Kanwaljit Singh: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:436] 
KANWALJIT SINGH BAKSHI (National) 
: 
 I move  
That the question be now put 
.
Adams Amy: Employment Relations Amendment Bill — Second Reading In Committee 
Adams Amy: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:435] 
AMY ADAMS (National—Selwyn) 
: 
 I move  
That the question be now put 
.
Lee Melissa: Employment Relations Amendment Bill — Second Reading In Committee 
Lee Melissa: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:434] 
MELISSA LEE (National) 
: 
 I move  
That the question be now put 
.
Hodgson Pete: Employment Relations Amendment Bill — Second Reading In Committee 
Hodgson Pete: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:433] 
Hon PETE HODGSON (Labour—Dunedin North) 
: 
 I raise a point of order Mr Chairperson. I am sorry to disturb the Committee’s progress but I just want to ask whether the advice of the Minister will be read into  
Hansard 
. I cannot remember whether the proceedings of the Committee of the whole House under urgency are recorded in  
Hansard 
. 
The CHAIRPERSON (Eric Roy) 
: Yes. 
Hon PETE HODGSON 
: Thank you.
Wilkinson Kate: Employment Relations Amendment Bill — Second Reading In Committee 
Wilkinson Kate: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:433] 
Hon KATE WILKINSON (Minister of Labour) 
: 
 Just to answer the member Pete Hodgson’s question—and I thank him for his question—if one looks at new section 67A(4) in clause 7 one sees that it triggers the employment relationship. It states: “ ‘Employer’ means an employer who at the beginning of the day on which the employment agreement is entered into employs fewer than 20 employees.” That is the triggering date. In relation to Part 6A of the principal Act because a transferring employee if one likes must transfer on the same terms and conditions it would not be possible for the new employer to impose or ask for a new condition—namely a trial period. I trust that that answers or addresses some of the Minister’s queries.
Barker Rick: Employment Relations Amendment Bill — Second Reading In Committee 
Barker Rick: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:422] 
The CHAIRPERSON (Hon Rick Barker) 
: Before I got on to Part 2 I draw members’ attention to Speaker’s ruling 60/6 where Speaker Hunt said that “a member has the right to speak more than once to a question [but] there is nothing to stop a member on his or her second or subsequent call from moving the closure motion.” A former leader of the Labour Party Mr Norman Kirk exhorted members to read a page a day of the  
Speakers’ Rulings 
 and as I have not been in the job 60 days I have not got up to ruling 60/6. I hope members will bear with me.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:422] 
A party vote was called for on the question  
That Part 1 be agreed to. 
Ayes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Noes 55 
New Zealand Labour 43; Green Party 7; Maori Party 4; Progressive 1. 
Part 1 agreed to.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:422] 
A party vote was called for on the question  
That the question be now put. 
Ayes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Noes 55 
New Zealand Labour 43; Green Party 7; Maori Party 4; Progressive 1. 
Motion agreed to.
Power Simon: Employment Relations Amendment Bill — Second Reading In Committee 
Power Simon: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:421] 
Hon SIMON POWER (Deputy Leader of the House) 
: 
 I move  
That the question be now put 
.
Adams Amy: Employment Relations Amendment Bill — Second Reading In Committee 
Adams Amy: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:420] 
AMY ADAMS (National—Selwyn) 
: 
 I move  
That the question be now put 
. 
The CHAIRPERSON (Hon Rick Barker) 
: The member cannot put the closure motion twice.
Adams Amy: Employment Relations Amendment Bill — Second Reading In Committee 
Adams Amy: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:419] 
AMY ADAMS (National—Selwyn) 
: 
 I move  
That the question be now put 
. 
The CHAIRPERSON (Hon Rick Barker) 
: It is normal after the Minister has spoken to give a right of reply on similar occasions. In this case I will give the call to the Hon Lianne Dalziel.
Bennett David: Employment Relations Amendment Bill — Second Reading In Committee 
Bennett David: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:416] 
DAVID BENNETT (National—Hamilton East) 
: 
 I move  
That the question be now put 
.
Goff Phil: Employment Relations Amendment Bill — Second Reading In Committee 
Goff Phil: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:414] 
Hon PHIL GOFF (Leader of the Opposition) 
: 
 I raise a point of order Mr Chairperson. I raise this matter with you because you were not in the Chair at the time when I raised and enumerated eight questions with the Minister in the chair. I ask you before you consider taking any closure to give the Minister a chance to give answers to the questions which I understand she has written down. 
The CHAIRPERSON (Hon Rick Barker) 
: It is not for me to direct the Minister in the chair as to whether she will answer questions.
Henare Tau: Employment Relations Amendment Bill — Second Reading In Committee 
Henare Tau: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:414] 
Hon TAU HENARE (National) 
: 
 I move  
That the question be now put 
.
Brownlee Gerry: Employment Relations Amendment Bill — Second Reading In Committee 
Brownlee Gerry: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:406] 
Hon GERRY BROWNLEE (Leader of the House) 
:  
I seek leave to table a document that shows just one of the numerous occasions over the last 9 years when the Labour Party took particularly urgent actions to pass bills without the bill being on the Table. It just happens that in this case the bill related— 
The CHAIRPERSON (Lindsay Tisch) 
: Leave has been sought to table this document— 
Hon GERRY BROWNLEE 
: Well I have to tell him what is in it. 
The CHAIRPERSON (Lindsay Tisch) 
: You have said enough. We know what is in it. 
Hon GERRY BROWNLEE 
: Well what is in it? 
The CHAIRPERSON (Lindsay Tisch) 
: OK the member may continue to describe the document. 
Hon GERRY BROWNLEE 
: It just happens to be a document— 
The CHAIRPERSON (Lindsay Tisch) 
: The member just needs to describe the document. He does not need to read it out in full. 
Hon GERRY BROWNLEE 
: OK. The bill in question of course was the Appropriation (Parliamentary Expenditure Validation) Bill which made legal the illegal spending of Labour in 2005—and I can say that Labour members did not want the public to know about that either. 
The CHAIRPERSON (Lindsay Tisch) 
: Leave has been sought to table that document. Is there any objection? There is.
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:401] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson. My request to you is to answer the question that was being asked—that is whether the Minister’s not taking a call is one of the factors that you take into account. You said that you have discretion and members in the Chamber have an absolute right to ask you what factors you take into account as you exercise your discretion. I am not arguing about whether it is your right to have discretion in determining the length of the debate. I accept that it is entirely up to you. But we also have rights as members to understand how your discretion is being exercised. That was the request that the Leader of the Opposition made and I think it was something that was quite reasonably asked.
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:401] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Chairperson.  
The CHAIRPERSON (Lindsay Tisch) 
: Is this a new point of order? 
Hon TREVOR MALLARD 
: Well it is related to the last one. 
Hon Members 
: That’s not good enough. 
Hon TREVOR MALLARD 
: Well I am not going to tell the Chair that it is unrelated when it is not but it is a new question. 
The CHAIRPERSON (Lindsay Tisch) 
: Is this a new point of order? 
Hon TREVOR MALLARD 
: Well it is asking you for an elucidation on the comments you just made. 
Hon Tau Henare 
: He’s challenging your ruling. 
Hon TREVOR MALLARD 
: No Mr Chairman I am not challenging your ruling at all. 
The CHAIRPERSON (Lindsay Tisch) 
: We are moving on.
Tisch Lindsay: Employment Relations Amendment Bill — Second Reading In Committee 
Tisch Lindsay: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:401] 
The CHAIRPERSON (Lindsay Tisch) 
: Thank you Mr Mallard. These are not points of order. The Minister has the discretion to take a call when she feels that she wants to. The second point is that the length of the debate is determined by the Chair and I will take into account all relevant factors in deciding when the debate will come to a close.
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
Mallard Trevor: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:401] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 Mr Chairman I am somewhat surprised that you did not interrupt the new Deputy Prime Minister during those comments because he clearly went outside what has been raised. You were I think quite properly asked by the Leader of the Opposition for a ruling. There is precedent in this area and I am sure you are being advised on the precedent for setting the length of debates in the Committee stage; it involves the nature of the debate and also whether the bill has been to a select committee. Having said that I want to say that this part of the bill is not the significant part; the next part is the significant part and we will get on to it at some stage either later tonight or tomorrow morning. But Mr Chairman I think that the ruling you are being asked to make is whether the Minister’s declining to take a call to answer questions is a factor to be taken into account in your deciding the length of the debate on Part 1.
English Bill: Employment Relations Amendment Bill — Second Reading In Committee 
English Bill: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:400] 
Hon BILL ENGLISH (Deputy Prime Minister) 
: 
 I am sure that the member who was having trouble using the correct terminology despite days of being corrected by the Chair—I think it is because he is just so excited—knows that how long the debate goes on is totally at the discretion of the Chair. Actually it is not right for the Opposition to try to put pressure on the Chair over the way that the debate is being conducted. The Chair is running this debate not the fresh new Leader of the Opposition who cannot remember to stop bringing the Chair into the debate. Mr Chairman my advice to you is to stick to the Standing Orders and to your traditional and conventional role in running the debate.
Goff Phil: Employment Relations Amendment Bill — Second Reading In Committee 
Goff Phil: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:400] 
Hon PHIL GOFF (Leader of the Opposition) 
: 
 I raise a point of order Mr Chairperson. Five calls have been taken by the Opposition now and a series of questions have been put to the Minister of Labour. The Minister is failing to answer any of those questions—failing to take the call. My question to you Mr Chair is whether you will take that into account in terms of the length of time that you allow this debate to go on for. I put it to you Mr Chair that this is a very special situation. Normally the select committee would have hours to go over this bill to cross-examine officials to ask questions to get answers. We have only the period of time that is available in the Committee of the whole House. Therefore it is essential that the Minister rises to her feet and answers the questions; otherwise this process frankly Mr Chair is a farce. I am sure that you are committed to ensuring that this House does take this matter seriously and that the Minister is accountable—and she is accountable given her position.
Bennett David: Employment Relations Amendment Bill — Second Reading In Committee 
Bennett David: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:397] 
DAVID BENNETT (National—Hamilton East) 
: 
 Today we are discussing the Employment Relations Amendment Bill a bill that has actually been through a select committee process in very recent history.  
Hon Members 
: No it hasn’t! 
DAVID BENNETT 
: It has. Members of the Transport and Industrial Relations Committee will know they debated this bill a short period of time ago. We took on board a great deal of public input in the sense that some of the changes that members actually see in this bill in comparison with the original member’s bill were influenced by changes brought about at the select committee. 
One of those changes is the requirement that the measure applies only to businesses with up to 20 employees. Basically this bill applies to small businesses and the whole heart of this legislation is to make it easier for small businesses to take on new employees. Is there anything wrong in our society in our communities and in our corporate world in letting small business have the opportunity to take on new people? Apparently from the Labour Party’s perspective there is a problem with that. Labour members will engage in all the fear tactics that they have to try to persuade people that this bill is not in the best interests of New Zealanders especially people wanting to get a job and especially small-business owners who want to take on people. 
A small business does not have the infrastructure behind it that a large business has. It does not have the ability necessarily to take advantage of the current statutory ability to have a trial period. Small-business owners want a much more resilient approach which takes into account the nature of their businesses and the way that they have to run their businesses. They do not have a big professional development team around them; they need legislation that is suitable for their environment. This legislation provides that suitability; it provides an avenue for small employers to go out there into the market and take on people they might not otherwise have taken on. 
So it is not correct for Labour members to come here and say that this legislation has not been debated in public. It has. It was consulted on in a period of time close to the election. It was consulted on through the select committee process in the last parliamentary term. In that process we came to some extraordinary conclusions. Many people—whether employers or employees—submitted that they thought there was a real need for this legislation. In case after case people came before the select committee to say that they wanted legislation like this because it would give them a chance to get a job. Migrants came and said they needed legislation like this to give them an opportunity and employers said it as well. This legislation has been debated and it is in the best interests of New Zealand employers and employees.
Tisch Lindsay: Employment Relations Amendment Bill — Second Reading In Committee 
Tisch Lindsay: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:396] 
The CHAIRPERSON (Lindsay Tisch) 
: I call David Bennett.
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
Vote: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:394] 
A party vote was called for on the question  
That the Employment Relations Amendment Bill be now read a second time. 
Ayes 63 
New Zealand National 57; ACT New Zealand 5; United Future 1. 
Noes 55 
New Zealand Labour 43; Green Party 6; Maori Party 5; Progressive 1. 
Bill read a second time.
Tremain Chris: Maiden Statements 
Tremain Chris: Maiden Statements 
[Volume:651;Page:378] 
CHRIS TREMAIN (Junior Whip—National) 
: 
 I seek leave to extend the House sitting time into the dinner hour in order to allow the maiden speeches to be completed. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: Leave is sought for that purpose. Is there any objection? There is none.
Cosgrove Clayton: Employment Relations Amendment Bill — First Reading Second Reading 
Cosgrove Clayton: Employment Relations Amendment Bill — First Reading Second Reading 
[Volume:651;Page:345] 
Hon CLAYTON COSGROVE (Labour—Waimakariri) 
: 
 I raise a point of order Mr Speaker. I take offence to those remarks; they should not have been part of a personal explanation. I think Mr Assistant Speaker you are aware of that. It should be ruled out and she should be asked to withdraw and apologise. 
Hon Kate Wilkinson 
: I withdraw and apologise. 
The ASSISTANT SPEAKER (Eric Roy) 
: I did say that I would be the judge and the member did breach that. The apology has been given and the matter now rests.
Wilkinson Kate: Employment Relations Amendment Bill — First Reading Second Reading 
Wilkinson Kate: Employment Relations Amendment Bill — First Reading Second Reading 
[Volume:651;Page:345] 
Hon KATE WILKINSON (Minister of Labour) 
: 
 I seek leave to make a personal explanation— 
The ASSISTANT SPEAKER (Eric Roy) 
: In relation to? 
Hon KATE WILKINSON 
: —in relation to the  
Press 
 article quoted by the previous Minister of Labour. 
The ASSISTANT SPEAKER (Eric Roy) 
: Before I put the leave I will say that the Chair will be the judge of whether there is any breach of the leave once it is granted. I will put the leave. Is there anyone who has objection to that course of action? There is not. Leave is granted for a personal explanation. 
Hon KATE WILKINSON 
: As many will know prior to my career as a member of Parliament I was a solicitor for some 25 years. During that time I acted for many clients. Some of those clients may have been members of religious groups; some of them were not. I have acted in the past for members of Parliament who are not even members of the National Party; that does not mean that I am a part of those other political parties. I have also acted for bullies but I have never in my life acted for Trevor Mallard or Clayton Cosgrove. I can say categorically that I have not acted for the Exclusive Brethren church.
Mallard Trevor: Employment Relations Amendment Bill — First Reading Second Reading 
Mallard Trevor: Employment Relations Amendment Bill — First Reading Second Reading 
[Volume:651;Page:345] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Speaker. I make it clear to the member that I will not object to her making a personal explanation if she does not as part of that accuse me of breaching privilege which she has just done.
Wilkinson Kate: Employment Relations Amendment Bill — First Reading Second Reading 
Wilkinson Kate: Employment Relations Amendment Bill — First Reading Second Reading 
[Volume:651;Page:345] 
Hon KATE WILKINSON (Minister of Labour) 
: 
 I seek leave to make a personal explanation. 
The ASSISTANT SPEAKER (Eric Roy) 
: Leave is sought for the Minister to make a personal explanation— 
Hon Trevor Mallard 
: Mr Assistant Speaker before we deny leave it is traditional for members to state the subject of the personal explanation.  
Hon KATE WILKINSON 
: It is in reference to the previous Minister of Labour’s deliberate misrepresentation.  
The ASSISTANT SPEAKER (Eric Roy) 
: Leave is sought. Is there any objection? 
Hon Trevor Mallard 
: Yes there is—put it nicely and you will get it. 
The ASSISTANT SPEAKER (Eric Roy) 
: I am on my feet! Members will be silent. When leave is sought to make a personal statement we are not going to get into these across-the-benches kinds of interjections. So leave was sought; it was denied.
Roy Eric: Employment Relations Amendment Bill — First Reading Second Reading 
Roy Eric: Employment Relations Amendment Bill — First Reading Second Reading 
[Volume:651;Page:345] 
The ASSISTANT SPEAKER (Eric Roy) 
: Leave is sought to table that. Is there any objection? There is.
Mallard Trevor: Employment Relations Amendment Bill — First Reading Second Reading 
Mallard Trevor: Employment Relations Amendment Bill — First Reading Second Reading 
[Volume:651;Page:344] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 In light of the Minister’s denial of her relationship with the Exclusive Brethren I seek to table an article from the Christchurch  
Press  
of 29 November 2006—
Goff Phil: Employment Relations Amendment Bill — First Reading Second Reading 
Goff Phil: Employment Relations Amendment Bill — First Reading Second Reading 
[Volume:651;Page:342] 
Hon PHIL GOFF (Leader of the Opposition) 
: 
 I seek leave for the Employment Relations Amendment Bill to be referred to the Transport and Industrial Relations Committee for consideration in order to allow proper parliamentary scrutiny and to acknowledge the democratic right of New Zealanders to make submissions on legislation especially when it is controversial; and acknowledging that anyhow this bill does not come into effect until 1 April so there is no reason why it should not go to a select committee. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: Leave is sought for that purpose. Is there any objection? Yes there is objection.
Goff Phil: Employment Relations Amendment Bill — First Reading Second Reading 
Goff Phil: Employment Relations Amendment Bill — First Reading Second Reading 
[Volume:651;Page:342] 
Hon PHIL GOFF (Leader of the Opposition) 
: 
 I seek leave to table the report of the Labour Committee on the Employment Contracts Bill dated April 1991 which indicates that controversial legislation introduced after the election of a National Government in 1990 at least went to a select committee. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: Leave is sought for that document to be tabled. Is there any objection? Yes there is objection.
Sharples Pita: Ministerial Statements — Financial Situation—Stability Measures 
Sharples Pita: Ministerial Statements — Financial Situation—Stability Measures 
[Volume:651;Page:318] 
Hon Dr PITA SHARPLES (Co-Leader—Maori Party) 
: 
 I seek the leave of the House to respond to the ministerial statement. 
The ASSISTANT SPEAKER (Eric Roy) 
: Leave is sought for that purpose. Is there anyone opposed to that course of action? Yes there is.
Chadwick Steve: Points of Order — Emissions Trading Scheme Select Committee—Appointments 
Chadwick Steve: Points of Order — Emissions Trading Scheme Select Committee—Appointments 
[Volume:651;Page:318] 
Hon STEVE CHADWICK (Junior Whip—Labour) 
: 
 I raise a point of order Mr Speaker. Did anyone move a motion regarding the membership of the special select committee to review the emissions trading scheme? It has not happened. 
The ASSISTANT SPEAKER (Eric Roy) 
: Yes it was included in the Government motion. 
Hon Dr Michael Cullen 
: It was a single motion? 
Hon STEVE CHADWICK 
: We thought there were to be two motions. 
Hon Dr Michael Cullen 
: We were told there were to be two motions. 
Hon STEVE CHADWICK 
: We were told there were to be two. 
The ASSISTANT SPEAKER (Eric Roy) 
: I was not told that there were to be two motions. Would the Clerk advise. The Clerk has advised me that it was a single motion. The membership of the committee was clearly set out in the Government motion.
Sharples Pita: Ministerial Statements — Financial Situation—Stability Measures 
Sharples Pita: Ministerial Statements — Financial Situation—Stability Measures 
[Volume:651;Page:318] 
Hon Dr PITA SHARPLES (Co-Leader—Maori Party) 
: 
 I raise a point of order Mr Speaker. I understood I had an opportunity to respond to the ministerial statement. 
The ASSISTANT SPEAKER (Eric Roy) 
: No at the outset I explained the process associated with a ministerial statement which is that the leaders of parties with more than six members have an opportunity to respond to it. Thank you Dr Sharples. 
Debate interrupted.
Cunliffe David: Ministerial Statements — Financial Situation—Stability Measures 
Cunliffe David: Ministerial Statements — Financial Situation—Stability Measures 
[Volume:651;Page:316] 
Hon DAVID CUNLIFFE (Labour—New Lynn) 
: 
 The Labour Opposition supports the measures outlined in the statement made by the Minister of Finance to the House today and acknowledges with gratitude his comments regarding the role of the outgoing Minister of Finance. New Zealand’s banking and financial system is fundamentally sound. New Zealand’s economy is well placed to respond to international turbulence and the Government’s balance sheet is sufficiently robust to underpin the guarantees outlined by the Minister. It is important for New Zealanders therefore to feel safe and secure in respect of their savings. Accordingly Labour supports the retail deposit guarantees issued under delegation by the Secretary to the Treasury.  
Labour also notes that appropriate limitations are required to protect taxpayers from inappropriate risk-shifting and to ensure that guarantees are of appropriately limited duration. Labour also supports albeit with some reluctance the need for wholesale banking guarantees to ensure that New Zealand’s financial institutions have access to international credit flows on secure and equitable terms. With most developed country Governments offering such guarantees New Zealand must also adopt this action. The need for access to liquidity also underlines the ongoing importance of domestic savings vehicles principally KiwiSaver as well as the importance of the ongoing prudential role of the Reserve Bank of New Zealand.  
Labour believes however that better international coordination is required on how to exit these levels of exposure by sovereign Governments to risk. This will require a thorough review of international economic and financial cooperation over time. In our view further consideration is also required in light of these guarantees of the stubborn residual differentials between domestic and for example Australian interest rates. Thank you Mr Assistant Speaker.
Roy Eric: Ministerial Statements — Financial Situation—Stability Measures 
Roy Eric: Ministerial Statements — Financial Situation—Stability Measures 
[Volume:651;Page:316] 
The ASSISTANT SPEAKER (Eric Roy) 
: As this is the first ministerial statement in the forty-ninth Parliament it may be helpful to new members if I explain the process. The specified leaders of parties with six or more members have 5 minutes to respond to the statement and the Minister who makes the statement has 2 minutes in reply if he so desires.
Vote: Business of Select Committees — Appointments 
Vote: Business of Select Committees — Appointments 
[Volume:651;Page:314] 
A party vote was called for on the question  
That the motion to establish a special select committee be agreed to. 
Ayes 68 
New Zealand National 57; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 52 
New Zealand Labour 43; Green Party 8; Progressive 1. 
Motion agreed to.
Vote: Business of Select Committees — Appointments 
Vote: Business of Select Committees — Appointments 
[Volume:651;Page:314] 
A party vote was called for on the question  
That the question be now put. 
Ayes 68 
New Zealand National 57; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 51 
New Zealand Labour 43; Green Party 7; Progressive 1. 
Motion agreed to.
King Colin: Business of Select Committees — Appointments 
King Colin: Business of Select Committees — Appointments 
[Volume:651;Page:314] 
COLIN KING (National—Kaikoura) 
: 
 I move  
That the question be now put 
.
Wagner Nicky: Business of Select Committees — Appointments 
Wagner Nicky: Business of Select Committees — Appointments 
[Volume:651;Page:308] 
NICKY WAGNER (National) 
: 
 I move  
That the question be now put 
.
Harawira Hone: Business of Select Committees — Appointments 
Harawira Hone: Business of Select Committees — Appointments 
[Volume:651;Page:305] 
HONE HARAWIRA (Maori Party—Te Tai Tokerau) 
: 
 Negotiations are already under way to table those terms of reference to the select committee. I say thank you very much to Mr Hughes and tell him that we will be doing our utmost to ensure that the Treaty of Waitangi is raised in relation to every piece of legislation that comes before this House. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: That is not a point of order.
Hughes Darren: Business of Select Committees — Appointments 
Hughes Darren: Business of Select Committees — Appointments 
[Volume:651;Page:305] 
Hon DARREN HUGHES (Senior Whip—Labour) 
: 
 I raise a point of order Mr Speaker. I am just seeking some clarification from you procedurally. Mr Harawira signalled that he had additional terms of reference he wanted to have included into the work of the select committee. I am just wondering whether he will now seek the leave of the House to have those specific terms of reference included so we can debate the whole motion: the Government’s published terms of reference; the terms of reference paragraph we have added subsequently by leave which has been agreed to; and now Mr Harawira’s terms of reference as well about Te Tiriti o Waitangi.
Brownlee Gerry: Business of Select Committees — Appointments 
Brownlee Gerry: Business of Select Committees — Appointments 
[Volume:651;Page:295] 
Hon GERRY BROWNLEE (Leader of the House) 
: 
 As discussed in the Business Committee the other day I seek leave to amend the motion on the Order Paper in my name to include an additional term of reference after the third paragraph to read: “identify the central/benchmark projections which are being used as the motivation for international agreements to combat climate change; and consider the uncertainties and risks surrounding those projections;”. 
Mr SPEAKER 
: Is there any objection to that course being followed? There is no objection.
Vote: Taxation (Urgent Measures and Annual Rates) Bill — Third Reading 
Vote: Taxation (Urgent Measures and Annual Rates) Bill — Third Reading 
[Volume:651;Page:294] 
A party vote was called for on the question  
That the Taxation (Urgent Measures and Annual Rates) Bill be now read a third time. 
Ayes 68 
New Zealand National 57; ACT New Zealand 5; Maori Party 5; United Future 1. 
Noes 52 
New Zealand Labour 43; Green Party 8; Progressive 1. 
Bill read a third time.
Ministerial Statements — Financial Situation—Stability Measures 
Ministerial Statements — Financial Situation—Stability Measures 
[Volume:651;Page:318] 
Ministerial Statements 
Financial Situation—Stability Measures 
Debate resumed. 
Hon Dr PITA SHARPLES (Co-Leader—Maori Party) 
: 
 I seek the leave of the House to respond to the ministerial statement. 
The ASSISTANT SPEAKER (Eric Roy) 
: Leave is sought for that purpose. Is there anyone opposed to that course of action? Yes there is.
Points of Order — Emissions Trading Scheme Select Committee—Appointments 
Points of Order — Emissions Trading Scheme Select Committee—Appointments 
[Volume:651;Page:318] 
Points of Order 
Emissions Trading Scheme Select Committee—Appointments 
Hon STEVE CHADWICK (Junior Whip—Labour) 
: 
 I raise a point of order Mr Speaker. Did anyone move a motion regarding the membership of the special select committee to review the emissions trading scheme? It has not happened. 
The ASSISTANT SPEAKER (Eric Roy) 
: Yes it was included in the Government motion. 
Hon Dr Michael Cullen 
: It was a single motion? 
Hon STEVE CHADWICK 
: We thought there were to be two motions. 
Hon Dr Michael Cullen 
: We were told there were to be two motions. 
Hon STEVE CHADWICK 
: We were told there were to be two. 
The ASSISTANT SPEAKER (Eric Roy) 
: I was not told that there were to be two motions. Would the Clerk advise. The Clerk has advised me that it was a single motion. The membership of the committee was clearly set out in the Government motion.
Vote: Gangs and Organised Crime Bill — Second Reading 
Vote: Gangs and Organised Crime Bill — Second Reading 
[Volume:657;Page:6304] 
A party vote was called for on the question  
That the Gangs and Organised Crime Bill be now read a second time.  
Ayes 107 
New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; United Future 1. 
Noes 14 
Green Party 9; Maori Party 5. 
Bill read a second time.
Flavell Te Ururoa: Questions for Oral Answer — Questions to Ministers 
Flavell Te Ururoa: Questions for Oral Answer — Questions to Ministers 
[Volume:657;Page:6282] 
12.  
TE URUROA FLAVELL (Maori Party—Waiariki) 
 to the  
Minister for Land Information 
: Pehea te rahi o nga whenua kua tangohia ai i raro i te ture Public Works ara e hia te wariu o aua whenua? 
[ 
How much land has been taken under the Public Works Act and what would be the value of the land taken? 
] 
Hon CHRISTOPHER FINLAYSON (Attorney-General) 
 on behalf of the  
Minister for Land Information 
: New Zealand does not have records of all land acquired by the Crown and by local authorities under the Public Works Act 1981 and its predecessor Acts which date back to the 1880s. Since July 1998 the Crown has acquired 3944 properties by agreement and 45 properties through compulsory acquisition. Since July 2005 Land Information New Zealand has recorded the amount of compensation paid by the Crown for land acquired under the Act. The Minister is advised that the amount is approximately $450 million. 
Te Ururoa Flavell 
: What sort of redress could be developed for the people of Rangiwaea and Matakana to address the situation of Panepane Point which was acquired under the Public Works Act for the purposes of harbour works that never eventuated? 
Hon CHRISTOPHER FINLAYSON 
: The Crown and local authorities are already responsible under section 40 of the Act to deal appropriately with land when it is no longer required. I am advised that Land Information New Zealand has no record of the property in question being held by the Crown. In fact the property is owned by the Western Bay of Plenty District Council. Because the property is not held by the Crown the Minister is not able to provide specific advice about the land. 
Te Ururoa Flavell 
: What responsibility does the Crown have to operate under principles of good faith in situations such as that being faced by the trustees of the Paehinahina Mourea 1 block which is located in Rotorua who have been offered back 1 hectare of land under the Public Works Act at the sum of $140000 which they consider to be hugely exorbitant because the land was originally theirs? 
Hon CHRISTOPHER FINLAYSON 
: Clear processes under the Act have to be followed before an acquisition can occur in order to ensure that any acquisition is justified and that compensation is paid to landowners. The Act provides for the offer back to be at current market value. Land Information New Zealand has not been able to identify the specific property as being held by the Crown. When researching an offer back the Crown investigates the circumstances of any acquisition including whether compensation was paid in the first place in order to determine where there are grounds to offer back land at less than the current market value. Under the gifted land policy—for example when the land was donated to the Crown for a public work and it is no longer required—land is offered back at nil value for the land and at current market value for improvements.