Auchinvole Chris: New Zealand Public Health and Disability Amendment Bill Mental Health Commission Amendment Bill Charities Amendment Bill (No 2) — Third Readings 
Text is incorporated into the Bound Volume 
Auchinvole Chris: New Zealand Public Health and Disability Amendment Bill Mental Health Commission Amendment Bill Charities Amendment Bill (No 2) — Third Readings 
[Sitting date: 30 May 2012. Volume:680;Page:2717. Text is incorporated into the Bound Volume.] 
CHRIS AUCHINVOLE (National) 
: 
 It is with pleasure that I stand to speak on these three bills that we have before us: the New Zealand Public Health and Disability Amendment Bill the Mental Health Commission Amendment Bill and the Charities Amendment Bill (No 2). I am always a little saddened to hear desultory commentary from the speakers from the other side because basically this is a good thing and I think they agree with it—I think they agree with it. 
Iain Lees-Galloway 
: Is it good news? Is it good news like Hekia’s good news? 
CHRIS AUCHINVOLE 
: Well I do not know about good news but it is a necessary change to bring about better services and that is what it is all about. Although the Crown Entities Reform Bill had been introduced before I joined the Government Administration Committee it has been a pleasure to discuss it with other members of the select committee who were involved.  
Let us begin if we may with the New Zealand Public Health and Disability Amendment Bill. This bill relates to the establishment of the Health Promotion Agency—HPA; we love acronyms do we not—as a Crown agent and the disestablishment of the Alcohol Advisory Council (ALAC) the Health Sponsorship Council and the Crown Health Financing Agency.  
There would be some who could be concerned when they heard about the disestablishment of ALAC that organisation that has done such a splendid job over such a long period in New Zealand. However they need not be disconcerted by that. The bill provides that the new Health Promotion Agency’s board will have at least five but not more than seven members appointed by the responsible Minister. Levy provisions carried over from the Alcohol Advisory Council Act 1976 will enable the Health Promotion Agency to recover certain of its operating costs. I think this is probably one of the most key reassurances that can be provided for those who have a particular interest in the activities of ALAC. The money that it has been getting from levies is ring-fenced. The money is dedicated to the purposes of controlling alcoholism.  
In respect of the Health Promotion Agency’s alcohol-specific functions therefore—the advice the recommendations the research relating to problems associated with the misuse of alcohol—the Health Promotion Agency will be required to have regard to Government policy when directed by the responsible Minister rather than being required to give effect to Government policy. It has to have regard for it so there is a fair bit of latitude over how it responds.  
Let us look at the Mental Health Commission Amendment Bill which was Part 2 of the Crown Entities Reform Bill. This bill relates to the expiry of the Mental Health Commission Act 1998—and let us remember that it had an expiry; it was due to end—and the appointment of a Mental Health Commissioner under the Health and Disability Commissioner Act 1994. The Act will now expire on 30 June 2012 rather than on 31 August 2015.  
Quite a lot of discussion has been given to the Mason report. I have been privileged to meet with Judge Mason on a few occasions. He is in fact from the West Coast of the South Island. He is a guy who has tremendous interest in mental health and his report is a standpoint for the development of mental health services.  
The new bill provides for the appointment of a Mental Health Commissioner under the Health and Disability Commissioner Act 1994 and for the appointment of the chairperson of the Mental Health Commission as the first Mental Health Commissioner. If we have a look at some of the key points associated with these changes disestablishing the Mental Health Commission and establishing the new Mental Health Commissioner within the Office of the Health and Disability Commissioner will enable a continued focus on the mental health sector’s performance while benefiting from reducing the corporate governance overhead.  
In all these moves and in other Government departments where we have brought about these changes what we have had is a synergy of professionals working together. The product is most worthwhile. This bill provides an enduring solution to the expiry of the Mental Health Commission in 2015 establishes a new Mental Health Commissioner and transfers the existing Mental Health Commissioner Dr Lynne Lane to the new position to provide continuity and leadership from a respected leader in the mental health sector.  
We then come to the Charities Amendment Bill (No 2). This bill is probably the most controversial of the three I would think—the most controversial of the three. This bill disestablishes the Charities Commission and reassigns its functions and duties under the Charities Act 2005 to the Chief Executive of the Department of Internal Affairs with the exception of the registration and deregistration of charities which will be carried out by an independent decision-making board of three persons. 
 This bill provides that the chief executive must supply all secretariat and administrative services required to enable the independent board to carry out its functions duties and powers. The independent—and let us emphasise that independent aspect—board may delegate its functions duties or powers to the chief executive but the chief executive must act independently in exercising such delegated powers and is not responsible to the Minister in this regard. That is a key aspect of this legislation. 
I support the legislation. Thank you.