SpeechHon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): Madam Speaker thank you for the opportunity to take the last call on the Commerce Amendment Bill. It is a real privilege as the Minister in charge of the bill to have the opportunity to take the final speech in a third reading. It's normally the case that the Minister in charge of the bill takes the first speech in the final reading and unfortunately due to IT issues with some of our systems here and some challenges I was experiencing from my home base I was dependent on the Minister Andrew Little reading from the material I had prepared to take that speech. I do want to put on record my thanks to him and I do also want to also acknowledge that the hybrid House system has worked incredibly well through this challenging time. It's good though to be back in the House as I was discussing with my colleague the Hon Dr Megan Woods just a moment or two earlier. I do want to acknowledge around the House the support for this bill and the constructive speeches that have been made through this stage. I know along the way there has been some disagreements about parts of the bill and some Supplementary Order Papers put forward by other parties around the House. But actually people have swung in behind the bill in the final stage recognising that it's important to have a consensus around these things and recognising that ultimately this is good law and good change and important to update our competition law. I do feel passionate about competition law. I don't mind admitting that to those assembled here today. I want to acknowledge the Economic Development Science and Innovation Committee under Jamie Strange's leadership that's brought this through. I want to just speak a little about the section 36 change which is I think the big important change—the most important change—we're making here. Section 1A of the Commerce Act 1986 says that The purpose of this Act is to promote competition in markets for the long-term benefit of consumers within New Zealand." It's very plain. It's focused on the actual state of competition in the market. It's not a theoretical state; it's the actual state and the actual benefit for consumers. Up until now unfortunately although section 36 was intended to strengthen the prohibition against anti-competitive unilateral conduct—as we heard from the Hon Judith Collins when it was introduced in 1986 it was supposed to prevent firms with substantial market power from harmful competition—it's been clear for a long time that it simply has failed to live up to that. There have been five cases taken by the Commerce Commission since 1986 and only two of them have been successful. I think the very fact that they haven't trusted themselves to take more than five cases since 1986 speaks volumes in and of itself. I in Opposition actually worked with some competition lawyers to begin the drafting on a member's bill to change section 36 of the Act. It went into one of my colleagues names ultimately—the Hon Clayton Cosgrove—and became a bill in his name which never I don't think got drawn from the biscuit tin from memory or if it did it got voted down at the time. But it's an issue that I have been passionate about for some time because we've seen in other jurisdictions and particularly across in Australia stronger tests that have ensured better competition in their markets and therefore better outcomes for consumers. So that is part of the reason why for me it's such a pleasure to see this go through the House to make sure that we are improving and promoting competition in our markets for the long-term benefit of consumers right here in New Zealand. I do want to make it clear that the bill doesn't penalise dominant firms for out-competing their rivals through superior practices better offerings or efficiency in the market. That is not the intention and the test will be high here still. But it is a bill designed to improve competition. I don't want to prolong the debate but I do want to thank members around the House for the vigorous debate through the various stages and the committee stage. It is important to debate these ideas. I want to thank them though also for their support as the bill passes through and celebrate that this important piece of legislation will now pass into law. Thank you Madam Speaker.Motion agreed to.Bill read a third time."