Donnelly Brian: Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Bill — Instruction to Committee In Committee  
Donnelly Brian: Hazardous Substances and New Organisms (Transitional Provisions and Controls) Amendment Bill — Instruction to Committee In Committee  
[Volume:616;Page:11754] 
Hon BRIAN DONNELLY (NZ First) 
: 
 New Zealand First will support this bill although we are uncomfortable with some of the processes that were used to bring it to this particular point in time. 
One of those processes was alluded to by the previous speaker and that was the timing by which the bill went through the select committee hearings. In June 2003 a strategy was set up that this legislation would go through the House by 2003. The key date in all of this is 1 April 2004; a strategy was set up so that 500 substances could be moved on that date. We can see in the bill that the commencement of this legislation takes place on the day after the date on which it receives the royal assent—in other words as soon as possible after it goes through. The problem came about at the introduction of this bill in November with a report-back date of 13 February that had not been discussed with the select committee. That meant that submissions had to be received over the Christmas break then somehow heard processed considered and deliberated upon in time to get this bill back to the House 3 days after it began sitting. That was totally inappropriate and inconsiderate and in fact treated this House with a degree of contempt. Fortunately we were able to negotiate a bit of a delay so that the processes were more timely but I point out that that is not acceptable practice. As I say in some respects it is the executive treating this House with a little bit of contempt. 
The second element that has to be pointed out is that the purpose of this bill is “to facilitate the smooth transfer of hazardous substances from transitional controls to the appropriate control regime under the principal Act;”. In fact the principal Act says that there are a whole pile of hazardous substances that have to be transferred out of the Act that they were previously regulated by and into the hazardous substances and new organisms legislation. That is basically what this bill is about. Unfortunately the processes that were being used were just too slow. There were about 80000 of these substances and I think 100 have been processed so far. So the deadline of 2006 simply was not going to be met and a more streamlined process had to take place. 
But we have been led to a bit of confusion. I ask the Minister for the Environment whether she could clarify this for us. In the second reading speeches a number of members talked about 70000 substances that are not controlled. In fact we well know that they are controlled. Well when I look at the select committee report I find that that is exactly what it says—that 70000 are not controlled—and it says it precisely because we put it in on the advice of the officials. That has led to some confusion. The figures the committee members were given say that there are approximately 80000 existing hazardous substances 8000 of which were previously regulated—and this is the information we got from the officials—and that 100 new hazardous substances per annum come on stream and have to be put under controls. Further down is a flowchart of substances legally in New Zealand as at 1 July 2001 and it shows that yes there are approximately 80000 which are to be transferred to the Hazardous Substances and New Organisms Act and that there are approximately 100 new ones per annum. We do know that some have already been transferred although we are not too certain. But the numbers we have been given seem to be very very confusing: either 100 have not been given approval; or 70000 are uncontrolled with obviously no approval; or 72000 have approval and are legal but have not been transferred; or there are 80000 to be transferred. 
All I ask of the Minister is that she clarify this point so that members in their speeches from hereon in know what they are talking about. It would appear that the select committee report as I look back on it is not accurate although it includes the details we were provided with at the time. So I ask the Minister to provide clarification so that people know. We do not want the public out there thinking there are 80000 hazardous substances that are totally uncontrolled illegal and unapproved when that is not the case. The committee members were given quite confusing facts and figures which has led to some of the confusing statements. 
To complete in terms of Part 1 New Zealand First will be supporting it but we abhor some of the processes.