Mooney JosephJOSEPH MOONEY (National—Southland): It is my pleasure to rise this evening on behalf of the National Party and as the member of Parliament for Southland to speak on the Fair Trading Amendment Bill. The National Party opposes this bill. The National Party supports sensible transparent and straightforward regulation that prevents the exploitation of vulnerable consumers increases trust and lowers transaction costs. That is why the last National Government amended the Fair Trading Act 2013 to streamline and simplify regulations decrease the compliance burden on businesses while developing a fair trading environment for consumers.Uncertainty created by poorly crafted legislation on the other hand is effectively a tax on small businesses. Labour needs to understand that increasing uncertainty and piling cost on to businesses will end up hurting the very consumers that they think they are helping. New Zealand needs a Government that is focused on removing unnecessary or burdensome regulations and allowing Kiwi businesses to survive and thrive; not one that's hell-bent on piling on ever more rules directives costs guidelines on businesses. We already have laws in place that can be used to prosecute those who do try to exploit vulnerable consumers. What Labour seems to fail to understand is that every time they introduce a new rule they are creating additional costs for businesses in particular small businesses and ultimately harming the consumers they think they are protecting. Without defining the definition of unconscionable conduct" what they're effectively doing is they're creating work for lawyers. And having been a lawyer I can say this: there's going to be a lot of litigation over the terms of this Act and this definition.We look through some of the factors that the court can take in regard in determining what's unconscionable conduct and we see "whether an affected person was able to understand any documents provided by the trader:". Well how is a small-business owner going to possibly figure out whether someone understands their documents or not? That's placing an unnecessary onerous and subjective burden on small businesses.Let me just speak to small businesses who this will affect the most. Small businesses are the engine room of New Zealand's economy. In fact 97 percent of all New Zealand's businesses are classified as small or medium sized businesses. They employ nearly a third of New Zealand's workers and they generate more than a quarter of our economic output.Hon Stuart Nash: Absolutely.JOSEPH MOONEY: Simply put as Mr Nash will know what happens to small businesses matters in this country. When they thrive our economy thrives. When our small businesses suffer our economy suffers and right now they are suffering. Most small-business owners are under immense pressure and are working hard just to make sure their businesses survive. In fact even today I've received a letter from a small-business operator who is not able to get more employees because this Government has decided to clamp down on immigration settings. Some of his employees have left because the visas aren't being rolled over in time. He can't get more and he's asking me "I'm starting to wonder if it's even worth keeping on going." And this bill—Hon Member: Tell him to pivot—pivot your business!JOSEPH MOONEY: Just pivot your business—find something else! It isn't going to work and this is a classic case of why this Government does not understand what small businesses need.Hon Stuart Nash: Come on Joseph. You're better than that mate.JOSEPH MOONEY: I have been in small business Mr Nash. I have worked past midnight many nights in a row and I've had to deal with regulations and try to keep the business operating try to keep my people paid try to make sure the bills are paid and I know how tough these regulations are. And if you're a small-business owner you are operating on very small margins. You do not—ASSISTANT SPEAKER (Hon Jacqui Dean): Not me. Order! Not the Speaker.JOSEPH MOONEY: My apologies Madam Speaker. When one is a small-business owner and is working usually very long hours usually paying oneself last and you have all these regulations that one has to comply with it is incredibly difficult. One does not have the resources that a larger business has to figure out how to comply with all these regulations. This is a classic example of uncertain law that will place more compliance costs on small business and make it frankly harder for small business operators to operate. This is irresponsible of this Government not to take into account the impact its regulations are having on small-business owners so I do not commend this bill to the House. I would recommend the Government take a look at this and provide some certainty to our small-business operators who are employing about a third of New Zealanders and are making sure that this country keeps going."