11. Question No. 11—CustomsHon Dr NICK SMITH (National—Nelson) to the Minister of CustomsQuestion No. 11—Customs11. Hon Dr NICK SMITH (National—Nelson) to the Minister of Customs: Does she agree with the statement by Steve Sullivan from Nelson's marine engineering company AIMEX that The Government's policy to refuse entry of vessels for engineering and maintenance work is costing jobs and millions of dollars in work" and does she stand by her department's decision to refuse entry to the fishing vessel the Captain Vincent Gann?Hon JENNY SALESA (Minister of Customs): I do stand by Customs' decision to give effect to immigration rules. This Government's position has continued to be that the best economic response is a strong public health response. While I appreciate this is an incredibly difficult time for many businesses in New Zealand our Government has made unprecedented support available for businesses like AIMEX. I encourage them to take up any and all support that they are eligible for from the Government during this unprecedented time.Hon Dr Nick Smith: Is the Minister saying it's better for New Zealand for companies like AIMEX to take a wage subsidy rather than actually letting them do the work that earns the company and the country income?Hon JENNY SALESA: The question is mainly about whether or not we allow a fishing vessel like this to come through. The decision made by the Government has not been to open up our border. We are 12 days into having zero COVID-19 cases with only one active case. In terms of foreign ships on 26 May a foreign fishing boat emerged as one of the points of transmission where a foreign-flagged foreign-crewed vessel with 29 members of its crew being COVID-19 positive was heading towards the Pacific. A vaccine is not yet available for COVID-19 so the fact is that we are focused on saving lives and focused on public health. We are now looking at the recovery of our economy but I stand by our Government and our response.Hon Dr Nick Smith: Why did she state yesterday in this House that the Customs refusal to allow entry of the Capt. Vincent Gann from American Samoa to New Zealand was based on advice of the ministry and Director-General of Health when her department has admitted it never sought any advice from the Ministry of Health or the director-general on that vessel from American Samoa?SPEAKER: Before the member answers I heard at least three members from this side make comments as to a member's pronunciation. I think that we all know that we have a variety of skills in this area and it ill behoves members unless they think they're absolutely perfect to criticise in that way. It will stop.Hon JENNY SALESA: The question that the honourable member asked me yesterday was whether I stand by Customs' policies and actions—a very general question. Then he followed up with the question about this particular vessel. Had he put down a specific question like that I would have been able to answer in specific ways.Hon Dr Nick Smith: Does she accept that the COVID-19 risks for the fishing crew from American Samoa are far less than from the film crew that's been allowed in by the Government from California when American Samoa has had zero cases and zero deaths and California has had 115000 cases and 4200 deaths?Hon JENNY SALESA: I reiterate that this particular ship was a foreign-flagged foreign-crewed ship. They were not all Americans or American Samoans on that particular ship. Customs enforces the rules and laws that Parliament and Cabinet set. The exemptions for visas are by the Minister of Immigration and the exemptions for jobs are by the Minister for Economic Development. The honourable member who has been a member for many many decades—more than me—should know if he was to put down this kind of question who the right Minister is to ask about these sorts of issues.SPEAKER: Order! Order! I looked at the question I looked at the responsibility and I thought it has been put to the wrong Minister but it is the Government's responsibility to transfer it and the Government should have transferred it if the member really thinks that the answers to this should be given by other Ministers. It's no good coming to the House and saying it was put down the wrong Minister. If the member thought that it was her ability to transfer it.Hon Chris Hipkins: I raise a point of order Mr Speaker. The issue with this particular question that's been put down is it covers a number of Ministers' areas of responsibility and the Government cannot anticipate what supplementary questions the member putting the question down may choose to ask. He could well have asked a series of supplementary questions directly related to this primary question that related to the responsibility of the Minister of Customs. The Minister of Customs could not transfer this question to another Minister on the basis that she thought he might ask a range of questions that weren't related to her portfolio. [Interruption] SPEAKER: No I'm going to deal with that one first and if there are further questions I'll deal with them later. I looked very carefully at this question when it came in. I read yesterday's Hansards on it. It became clear to me at that stage that her department was giving effect to a decision that was made by another department and in fact it was not her department's decision to refuse entry to the fishing vessel; that decision had effectively been taken or was the responsibility of other departments. Therefore in my opinion it would have been better if the question had been redirected to those people but it was not at the point where I was prepared to strike the question out.Hon Dr Nick Smith: Speaking to the point of order Mr Speaker.SPEAKER: No we're not speaking to the point of order. I've dealt with the point of order. There is no point of order there at the moment so unless there's a new one—Hon Gerry Brownlee: I raise a point of order Mr Speaker. It is a point of order in the House that the question itself was about the Minister's own statements in this House—supplementary question I should say.SPEAKER: No it wasn't. The member should read the question.Hon Dr Nick Smith: I seek leave of the House to table the email from the Customs department to the company concerned saying the vessel could not enter New Zealand.SPEAKER: I have seen the email and I've also heard and listened to the background to it. I'm quite happy for that to be put. I think it's already part of the system because it was part of the authentication to the question. Is there any objection to its being tabled? There is.Hon Dr Nick Smith: Does she stand by the advice of her Customs officials dated 21 May that the Capt. Vincent Gann that has previously had $6.5 million of work in Nelson should and I quote "undertake the repair work in Hawaii."?Hon JENNY SALESA: I do stand by Customs' decision to give effect to the immigration rules. I am informed that the ship was not advised to head to Hawaii by New Zealand officials; rather it was asked why it was not heading to Hawaii because it was requiring repairs immediately. I understand that Hawaii was the nearest port at that time for this foreign-flagged foreign-crewed ship.Hon Dr Nick Smith: Will she or any of her ministerial colleagues visit the Port Nelson marine engineering base and directly explain to the workers that will be losing their jobs in the next weeks Government policy?Hon JENNY SALESA: I will take advisement from Customs officials on that."