Field Taito Phillip: Supreme Court Bill — Instruction to CommitteeCWH In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Field Taito Phillip: Supreme Court Bill — Instruction to CommitteeCWH In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:612;Page:9032] 
Hon TAITO PHILLIP FIELD (Minister of State) 
: 
 I want to acknowledge the contribution by the last speaker the member for Epsom. He is an acknowledged experienced lawyer and I have certainly taken on board his contribution but I believe that New Zealand has come to a stage where we need to look at the competency of our own people and the legal minds that New Zealand has to offer. I was very interested to see the committee report not only in relation to the Australian and New Zealand judges’ contribution to New Zealand and Australia but also in relation to the contribution those judges make to the Pacific region.  
I want to go through some of the lists that have been compiled. Eleven countries which is a significant number rely in terms of the highest court decisions that they make—although they still have the option of the Privy Council—on New Zealand and Australian judges. That is an indication of the maturity and the competency of those who are trained in the law in New Zealand. I have every confidence that the Attorney-General as the former head of that distinguished faculty of law at Waikato University has assessed that we in New Zealand do have the competency for the training of our lawyers—and ultimately judges—and the quality judgment and integrity of our judges to form a competent Supreme Court for this nation. 
Canada and Australia were British colonies and dominions for as long as New Zealand has been. If it is good enough for those countries in terms of their histories to now come to the conclusion that it is time to cut the umbilical cord from the mother country in relying on the Privy Council for their final legal judicial decisions then the time has come for us to do the same. 
 We should have our own people who are competent not only in relation to law but also in relation to knowledge of our own local environment and I take on board the fact that there is a Treaty of Waitangi. Tangata whenua are concerned in terms of the relationship with the Treaty of Waitangi and with the Crown. But I would like to say that this bill does not mean that that ends the relationship and the obligations that the Crown has with tangata whenua and in the Treaty of Waitangi. There are provisions and this Government is navigating cautiously and helpfully in relation to those issues. I believe that the Government is taking the right course in terms of consultation both with Maori and the wider New Zealand communityto look at setting up our own Supreme Court and using our own people who have the competency and integrity to carry the job out adequately in terms of our needs. 
RICHARD WORTH (NZ National—Epsom) 
: 
 I raise a point of order Mr Chairperson. Under the Standing Orders we ascribe a degree of status to the member in charge of the bill. The member in charge of the bill is given a favoured seat in the Chamber. The member in charge of the bill is supposed to listen alertly to the debate— 
The CHAIRPERSON (Hon Clem Simich) 
: That is not a point of order. 
RICHARD WORTH 
: May I complete the point of order so that you can form a judgment about the merit of the argument that I am making on the point of order? 
The CHAIRPERSON (Hon Clem Simich) 
: Please be seated. That is not a point of order. 
RICHARD WORTH 
: Could I just explain what the point of order is— 
The CHAIRPERSON (Hon Clem Simich) 
: You have not come to a point of order yet. 
RICHARD WORTH 
: It is this: the member in charge of the bill in procedural terms has a duty I suggest—first to listen to the argument; second and more significant to evaluate the argument on the amendments put by members. We have been treated to the sight of the Attorney-General the member in charge of the bill reading magazines. She should be listening— 
Hon Margaret Wilson 
: I have this bill! 
RICHARD WORTH 
: Oh the Committee I suggest is— 
The CHAIRPERSON (Hon Clem Simich) 
: The Minister makes no comment on members in the Committee and nor should members make comment on the Minister. You do not know what the Minister is doing. She may be thinking very deeply about this bill. What you say is fine but it is not a point of order.