Hughes Darren: Civil Aviation (Cape Town Convention and Other Matters) Amendment Bill — First Reading Second Reading In Committee Third Reading 
Text is incorporated into the Bound Volume 
Hughes Darren: Civil Aviation (Cape Town Convention and Other Matters) Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Sitting date: 22 June 2010. Volume:664;Page:12027. Text is incorporated into the Bound Volume.] 
Hon DARREN HUGHES (Labour) 
: 
 The Committee of the whole House is now considering the Civil Aviation (Cape Town Convention and Other Matters) Amendment Bill and as signalled to the Minister during the second reading the Opposition has some questions on which we are seeking clarification. I have three or four questions and I know my colleagues have some as well. I should say that we are now considering every clause both parts plus the title and commencement as one question so the comments and observations we are making range across the 15 clauses and the various schedules that are set out in the bill. 
My first question to the Minister in the chair Kate Wilkinson is to note that Part 1 as she will be aware inserts a new Part 12 into the principal legislation. I want the Minister to comment on which of those parts will take precedence if New Zealand domestic law goes down a different path from what may be in a clause within new Part 12. Once it is inserted into the principal legislation presumably Part 12 will not be in a position to be amended by the New Zealand Parliament because it will need to reflect the requirements of the Convention on International Interests in Mobile Equipment which have been carefully negotiated by our negotiators and those who participated in the agreement. If Parliament is to consider other matters to do with civil aviation that amend the principal legislation I ask how new Part 12 which we are inserting in Part 1 will make a difference in our law for this country. I think that goes to the heart of economic sovereignty for New Zealand. If the Minister can give us an answer on that matter it will answer some questions we have about how these conventions fit in when they are not stand-alone and end up fitting in with existing New Zealand legislation. I would be very interested in her comments on that. 
Clause 6 sets out matters that are to be taken into account by the Minister when making rules. It is an amendment to section 33(2) of the Civil Aviation Act. I wonder whether the Minister could set out the kinds of matters the Government thinks the Minister will have to take into account when he or she is making any rules or recommending the making of any rules as part of clause 6. I am also interested in clause 7 which is the procedure for making ordinary rules which the Minister must take into account and the question of consultation. I wonder how that was arrived at. Clause 7(1)(b)(i) mentions “the persons representative groups within the aviation industry or elsewhere government departments and Crown agencies;” and it would be helpful if the Minister gave us a flavour of the kinds of organisations we are talking about there. When the Government uses language like that in legislation that of course we are supporting to what extent is it making that consultation as broad or as narrow as possible? Given that we are talking about simplifying civil aviation rules in other parts of this bill it would help if she could clarify for us who will be affected by the consultation provisions set out in clause 7 for the procedure for making these ordinary rules. Those are just some questions I have and if we could get some answers or clarification on them from the Minister I would be most interested. 
I make the observation that new section 34A inserted by clause 8 gives the Governor-General new powers to make ordinary rules in respect of civil aviation and ask whether the Government gave any consideration to the Governor-General’s other role as Commander-in-Chief of New Zealand and whether that vests just far too much power in the hands of one person. Oh my luck has turned: the Minister of Transport has arrived just to take those questions. I hope the Minister of Labour who has been the Minister in the chair will give him the notes she took of my questions. It would be a shame if I was to be seated and he was not in a position to answer my questions. I am not getting an indication from either of them that that is the case. I will update Mr Joyce who was no doubt behind the Cape Town Convention and the suggestion for it because we know from the feature articles that he has arranged to be written about himself what a quite high opinion he has on the world stage. New Zealand would be quite a small market for him so probably in Cape Town he was the guy who sealed the deal. 
I will recap now that the Minister who is sponsoring this legislation is in the chair. I have a question concerning clause 6 which covers the matters that are taken into account when making ordinary rules. I have another question about clause 5 on the power of the Minister to make ordinary rules and a further question on the insertion of new Part 12 which sits in Part 1 into the principal legislation. If there are changes in other civil aviation law that are not consistent with the convention and if the convention is now being codified as the new Part 12 of the law I ask which one takes precedence. I presume the Government is not in a position to make any amendments to new Part 12 which is presumably the text of the convention that we have signed up to at another level. If the Minister could answer those very simple and very few questions that we have put to him— 
Hon Pete Hodgson 
: They are searching questions not simple. 
Hon DARREN HUGHES 
: It is very generous of my colleague to say so. As this Minister is constantly telling his colleagues nothing is beyond his purview remit or ability so we look forward to elucidation by him of the questions I have asked and those of my colleagues Darien Fenton and Carol Beaumont. Thank you.