Webb DuncanDr DUNCAN WEBB (Labour—Christchurch Central): Thank you Madam Chair. For a moment there I thought I was invisible but I thank you for seeing me there.I have a question for the member in respect of clause 6. My colleagues here have been entertaining us or enlightening us with some questions about food but mine's much more technical. It's around the repeal of the Act because it's quite unusual. It's quite an unusual clause member Hughes that you've got there—that the Act is repealed 18 months after its commencement. I wonder if advice was taken on this because the effect of repeal on delegated legislation is something we need to think very carefully about and it doesn't actually provide in this bill that any delegated legislation made in pursuance of it remains in effect notwithstanding the repeal of what appears to be empowering legislation. So that's my first point.I do have a related point because the options are either it remains in place but traditionally when the empowering legislation disappears that's the foundation upon which the delegated legislation is built and the rest of it all crumbles away. Now I am aware that this is a slightly unusual piece of legislation because in a sense it's saying: here's the obligation to make this delegated legislation but it's to be made under section 27 of the Fair Trading Act—and that's clause 5(1). So you've got this unusual situation where you've got section 6 repealing the Act but it may or may not be called empowering legislation. In that sense in say clause 5(1) my concern is that whilst it directs the Minister to make a recommendation there's a danger in there isn't there member that the Minister may change his mind that the recommendation—Hon Member: Or her.Dr DUNCAN WEBB: —or her. At the current time I think it's Mr Faafoi but the Minister may make that recommendation and then may either change that recommendation revoke that recommendation or even once the regulations are in place could simply say—and I'm sure the current Minister wouldn't do this but a future one might—Oh that was a bad idea. I've decided that for whatever reason such and such goods which we've got in this bill you know dried fruit cured pork are going to be excluded from it" and it seems to be absolutely no fetter on the Minister having a change of heart in that regard. So I'm wondering member if any thought was given to that because whilst it's a good direction to the Minister to make that recommendation it seems to be somewhat weak in its future enforcement of it. So really my questions are about the way this works both in terms of the regulations themselves which are of course regulations which as member Brownlee will know will go before the Regulations Review Committee and may be disallowed for whatever reason but also what happens on repeal and what will be the case if the Minister changes his mind. Clearly it would be a real concern but it strikes me that there's no ability for this House to use any powers under this piece of legislation to revisit it. So the member might want to think about amending clause 6 to make it clear that the regulations survive any repeal and secondly give this House some power to take essentially an enforcement action against a Minister who doesn't make the recommendation or who changes their mind on the recommendation or who in fact having made a recommendation and the regulations having been passed then changes the regulations in a way that would have been inconsistent with this legislation. Of course the legislation may then have been repealed which leads us into another conundrum.Having said that Mr Hughes I do absolutely congratulate you on this piece of legislation. It's a huge leap forward and much needed a piece of legislation that we've all been waiting for and you've shown the patience of a saint in working through it seeing the massive changes and negotiating your way through a very difficult piece of legislation. So I congratulate you on that."