Barker Rick: Local Government (Auckland Council) Bill — First Reading 
Barker Rick: Local Government (Auckland Council) Bill — First Reading 
[Volume:654;Page:3757] 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I have heard a considerable amount of discussion. Firstly I think the issue about whether the member who was speaking had the right to speak is not particularly material to this point. What I think is material to this point is Standing Order 279 which states: “(1) The member moving the bill’s first reading must indicate in that member’s speech to which select committee it is proposed to refer the bill and whether it is proposed to move for any special powers or give an instruction in respect of the committee’s consideration of the bill. (2) Following the member’s speech written notice of any special powers or instruction to be moved must be delivered to the Clerk at the Table.” This requirement is a protection for the House to ensure that at the time the Minister moves a motion and special directions the House knows precisely what the Minister intends to do some time later protecting members from ambush or unnecessary changes. 
I have in my possession the notice supplied by the Hon Rodney Hide to the Clerk of the House saying: “Consistent with the Standing Orders I move that the Local Government (Auckland Council) Bill be considered by the Auckland Governance Legislation Committee … and that the committee report finally to the House on or before 4 September 2009.” That is the notice that the Hon Rodney Hide gave to the House. Having made that statement to the House in the first reading and having given this notice to the Clerk the member is then obligated to ensure that that is the motion that is read. That is the requirement on the member. The Clerk identified that the member had changed his motion by omitting something and there is an obligation on me to ensure that the Minister moves the motion correctly as signalled to the House and as advised to the Clerk. 
The matter now is where the motion was at the point that the member raised the point of order. It is argued by the Hon Trevor Mallard that the motion was in the possession of the House and only the House could change it. I disagree. I think the motion is within the control of the presiding officer in the same way as amendments that come before the House are: the presiding officer decides whether they are in order or out of order. That is not a matter for the House to decide itself. Deciding whether a motion is in order or out of order is the sole preserve of the presiding officer. When that motion was moved I as the presiding officer decided that the motion was out of order. I then required the member to correct the motion to ensure it was consistent with what the member had said after he moved the first reading and consistent with what the member had said to the Clerk. 
Had the mistake not been spotted and had the new motion gone through the House been a motion of the House and been decided it would then have been the House’s decision. But it was not. The motion rested with me and it was within my realm to put it or not and to ensure it was correct. In my view it is for the presiding officer to ensure the motion is accurate. That has been done. The motion now before the House is as read out by the Hon Rodney Hide: that the Local Government (Auckland Council) Bill be considered by the Auckland Governance Legislation Committee and that the committee report finally to the House on or before 4 September 2009. That is the motion and it is the only motion that can be moved according to the Standing Orders. I so put the motion.