Eden Park Trust Amendment Bill — Second Reading Third Reading 
Eden Park Trust Amendment Bill — Second Reading Third Reading 
[Volume:656;Page:5689] 
Eden Park Trust Amendment Bill 
Second Reading 
Hon MURRAY McCULLY (National—East Coast Bays) 
: 
 I move  
That the Eden Park Trust Amendment Bill be now read a second time 
. I am pleased to have this opportunity to say a few words about this bill which stands in my name. It is a private bill promoted by the Eden Park Trust Board. I say at the outset that I am grateful for the support of members on both sides of the House in ensuring that this bill has had a speedy passage so far and for the assistance of members in ensuring that we should be able to bring these proceedings to a smooth conclusion hopefully today. 
The redevelopment of Eden Park into a world-class venue was one of the core commitments in New Zealand’s bid to host the Rugby World Cup in 2011. The previous Government was of course the key player in making that commitment and investing $190 million in an underwrite for the development project. I and the then Opposition were pleased to support that project and those undertakings. The current trustees representatives of the Auckland Cricket Association and Auckland Rugby Football Union recognised the significant financial contribution that was being made through the Government’s underwrite and they agreed to changes to the governance arrangements that recognise the public contribution being made by New Zealand taxpayers. The bill makes amendments accordingly to the Eden Park Trust Act 1955 to implement those new governance arrangements and to ensure that there is indeed recognition of the public ownership interest in the park. 
This bill will allow for a transition from the current rather cumbersome governance arrangements with a trust board and a separate redevelopment board to a new Eden Park Trust Board and I know that the various stakeholders will be keen for that transition to occur quickly. I will explain briefly to the House that currently we have the ultimate owners the Eden Park Trust Board sitting in a governance arrangement whilst the redevelopment board undertakes the redevelopment work alongside it. I think it is agreed by both those parties that the sooner we can move to a single governance structure which is what this bill will permit the better it will suffice in meeting the interests of all concerned. I know that all of the stakeholders are quite keen to see us make those changes quickly. I am pleased to be able to tell the House that the redevelopment of Eden Park is on schedule to be completed by October 2010. It makes sense for the new trust board to be in place as early as possible so that the appropriate governance and management operations can be put in place before the completion of the redevelopment. 
The Government Administration Committee has proposed that the bill should come into force 30 days after it receives the Royal assent. That is an amendment that I support and an amendment that will proceed hopefully as a consequence of this discussion today. 
Finally I thank a number of parties who have rendered service in the past and in relation to these proceedings today. I pay tribute to the current trustees of the Eden Park Trust Board and to the members of both Auckland cricket and Auckland rugby who over nearly a century have given their time unselfishly and have been responsible for the development of the park to the asset that it was prior to this redevelopment programme being undertaken. Through their endeavours and commitment Auckland has a sporting stadium that is internationally recognised. I look forward to seeing the redeveloped park play a critical role in the hosting of an outstanding tournament in 2011. In relation to this particular bill I thank the Hon Trevor Mallard who was the Minister who initiated the redevelopment process for his ongoing assistance in relation to the passing of this legislation. I acknowledge the work of his colleague the Hon David Parker who chaired the select committee in an expeditious fashion and in I might say a very constructive fashion which has seen the bill emerge from the committee in this form. It is my pleasure to commend this bill to the House. 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 When speaking on the Eden Park Trust Amendment Bill there is still a degree of bitter-sweetness as far as I am concerned whenever the question of Eden Park comes up. When I hear the numbers I think back to a particular misjudgment on the part of my former colleague Dr Cullen who while Acting Prime Minister made an equal commitment to Eden Park and to the waterfront stadium. He said that we would back them both on the same basis. At that point the major leverage for economic development in central Auckland disappeared and history won. 
The side I was on in that debate is clear but the conservatism of the Auckland Regional Council in particular—the fact that it likes to get $30 a week for having cars parked on their wharf the site where the stadium would have been—is something that won on the day and I might say won in a way that I thought was fair. I have said on a number of occasions to Rob Fisher that I thought he did brilliantly in employing Linda Clark to convince the Auckland Regional Council that black was white and white was black because they were convinced. I would be very careful about using expressions to describe public relations people. I used a particular expression about Crosby/Textor that resulted in a wonderful legal letter. They do not like being called paid liars—that is for sure. I must say that in this particular case Linda Clark led a very good campaign that resulted in the decision to retain Eden Park as a centre for rugby and to a certain extent cricket in Auckland. 
That being the case the previous Government’s commitment was honoured and it is continuing to be honoured by the member Murray McCully and his team. I might say that probably as with members on this side of the House there was division during the debate. I welcomed the private support from John Key for the waterfront stadium. I was a little unhappy that the decision was in the same week that the National leader coup was occurring. He decided it was better to keep quiet publicly about that support in order to get the numbers to become the leader of the National Opposition. It was an interesting approach but that is politics I suppose; that is the way it breaks. 
Over many many years a lot of people originally from cricket but in more recent years from rugby as well in a more leading way have been involved in the development of the park. It has been and will continue to be a massive community asset for the people in Auckland. The ASB has put a lot of money into it over many many years. I am not absolutely certain that it has put enough into this redevelopment yet but I understand that some naming rights are still around. It would be good if the trust and the bank were able to line up because they are logical long-term sponsors. I think one can accept that the naming rights for the period of the Rugby World Cup might be a little bit rich for the ASB although if the economic recovery that the Minister of Finance is promising actually takes off then that could just well be pocket money for the ASB as it goes forward. 
I also thank colleagues who have been involved in the Government Administration Committee; David Parker has consulted with me on a couple of occasions. I chose not to sit on the select committee. I had confidence that it could do its work and it has. Sometimes it is better to have people with too much history and intimate knowledge a little bit further away from the actual discussion and I thought that that was the case. My successor as spokesperson on sport Chris Hipkins also made a contribution and did a couple of checks although I think it is fair to say that there was absolute unanimity around the changes. I thought one was pretty pedantic but we accept that and will keep on moving forward. 
I am looking forward to other members of the select committee contributing. I see that Nikki Kaye who was a member of the committee from 24 June is champing at the bit to have a go in the debate. I notice that a person even higher on the list of select committee members than her is Mr Bakshi and I am very much looking forward to his contribution in this debate this afternoon. In fact seeing that I think from the National Party’s perspective and certainly on an alphabetical basis of those in the House he is the senior member of that committee I am sure that he will take precedence in this discussion this afternoon. I will try to keep my discussion going in order for that to happen as I am sure he is on his way to the House. I will work hard to ensure that he can fulfil the opportunity that has been presented to him to join in these discussions today. 
This bill is of quite an unusual shape in that it is pretty rare for the schedules of a bill to be so long. In this case the bill itself goes to only five pages in length but the schedules then run through for another 26 pages. 
Chris Hipkins 
: It’s got to get better. 
Hon TREVOR MALLARD 
: Well not to write the actual trustee right in there is an interesting approach to legislation but that is something I accept; it is over a period of time. I think it is also fair to say that a number of us have seen much more of the work going on at Eden Park than we wanted to over the last 6 months or so. The retirement of the previous member for Mt Albert caused one or two visits. Whenever we are coming or going through Auckland we seemed to go pretty close to Eden Park on the way. For that reason I am also looking forward to the contribution of Melissa Lee to this debate. She is someone who has spent much more time—much more time than she wanted in the end—in the vicinity of Eden Park. 
Hon Darren Hughes 
: And what was the score there? 
Hon TREVOR MALLARD 
: I am happy to remind the member of the score. It started in sixes did it not and it was more like cricket than rugby. It was the sort of score we have in a 20/20 match when the bowlers are dominating and I think that at that stage the maiden was certainly bowled over. I will be interested in David Shearer’s contribution to this debate as well. [ 
Interruption 
] Thank goodness I have only 2 more minutes! 
It is interesting to see Parliament working in a cooperative way. 
Hon Darren Hughes 
: The great unifier! 
Hon TREVOR MALLARD 
: I think it is fair to say that Mr McCully and I have a history of working together on issues dating back to 1995. It has been great to have another one where Mr McCully and I can have discussions now that I have long retired from the Parliamentary Rugby Team. I can have a discussion on an issue that might have nothing to do with this bill and no one knows the difference. It is very good. 
Hon Darren Hughes 
: Two old boozers together. 
Hon TREVOR MALLARD 
: I would not describe Mr McCully as an old boozer. There are one or two other words that could possibly be used but that would be a matter of bringing up things that should stay on tour. Was Georgetown the place? I am trying to remember the place just up the road from Cape Town that the member and Mr O’Connor had quite an acquaintance with. I think that at this point I should sit down. 
NIKKI KAYE (National—Auckland Central) 
: 
 I am very pleased to be supporting this private bill the Eden Park Trust Amendment Bill. In fact I have been champing at the bit to get up and speak on it. The Rugby World Cup will be the largest sporting event ever held in New Zealand. The estimated contribution is I think about $500 million in additional GDP to the New Zealand economy including $240 million to the Auckland economy. 
I start by acknowledging a few people. The Hon Murray McCully has already acknowledged Mr Mallard’s contribution over a number of years to debate about the stadium and I also acknowledge his contribution. I acknowledge the contributions from a number of entities such as the New Zealand Rugby Union and the ASB Community Trust to this redevelopment. The redevelopment is about having a world-class venue for Auckland. The venue has a capacity of 60000 and I think it is important to acknowledge that it is not about just the Rugby World Cup. This stadium will be around for many generations of New Zealanders so we will have a world-class venue for other cultural events. So I am very pleased to support this legislation. It is good legislation. The select committee recommended a change to the commencement date so that the Act will come into force 30 days after it receives the Royal assent. The real purpose of that change was to ensure that as early as possible we allow appropriate governance and management operations to be sorted out prior to the completion of the redevelopment. 
I do not intend to give a very large contribution but I want to acknowledge that the development is about more than just the Rugby World Cup although a huge benefit to the New Zealand economy will come from the Rugby World Cup. The bill is good legislation that is supported across the House. The benefits are massive not only to Auckland but also to New Zealand. I am very pleased to support this bill not only for the people of Auckland Central who will have the benefit of many rugby fans walking the streets of Ponsonby down to party central which I know members opposite are so supportive of but also for the local community of Mount Eden. I know that there will be improved integration for the local community through enhancements in transport landscaping urban design and other park amenities. 
So I commend this bill to the House and I congratulate the Hon Murray McCully on this private bill. I congratulate all other members who have been involved in this. I look forward to the Rugby World Cup and I look forward to the massive contribution it will make to the New Zealand economy and I look forward to the contribution the new stadium will make for generations to come. 
CHRIS HIPKINS (Labour—Rimutaka) 
: 
 It is nice to have an opportunity to speak on a bill that is receiving more or less unanimous support around the House. Peace and love appear to have broken out and I am happy to contribute my 10 minutes to that effort. 
Paul Quinn 
: That’s because you want to be on the sidelines. 
CHRIS HIPKINS 
: Well actually I am not sure I will be able to afford the tickets so I might be more likely to be on the sidelines. 
I recall very fondly the trip that Helen Clark the former Prime Minister made with Tana Umaga Colin Meads and various others to Dublin in order to help secure the rights to host the Rugby World Cup in 2011. I watched from home the progress of that. I was told a few moments ago by my colleague Darren Hughes that he was consulted extensively on Helen Clark’s speaking notes when she went to the International Rugby Board and he wanted to claim a little bit of credit for New Zealand winning the hosting rights to the Rugby World Cup in 2011. I suspect however that my colleague Trevor Mallard would argue that he had a little bit more to do with New Zealand winning the rights to host the cup. So I congratulate him on the considerable efforts he put in. 
Hon Trevor Mallard 
: That’s right. They left me at home to make sure we won! 
CHRIS HIPKINS 
: I am told by him that he was left at home to ensure that the bid would be successful and that nothing would go wrong on the trip. I suspect that showed exceptionally good judgment on the part of those who organised the trip. 
As we talk about the Eden Park Trust Amendment Bill which of course primarily has come into being because of the hosting of the 2011 Rugby World Cup I thought it might be useful to talk a little about the history. In 1912 the Auckland Cricket Association purchased land comprising most of Eden Park from the Eden Cricket Club through the support of a number of cricket enthusiasts who acted as guarantors for the necessary loan and became trustees of Eden Park. The land was then leased to the Auckland Rugby Union for the winter period from 1 January 1914 and the Auckland Rugby Union financed the grandstand that was built in 1913. The Auckland Cricket Association financed the members’ stand which was built in 1914. 
In 1926 a deed of agreement vested control of Eden Park in a board of control comprising three members each from the trustees of Eden Park the Auckland Cricket Association and the Auckland Rugby Union. In 1955 the Eden Park Trust Act was enacted. It set down the legal ownership of Eden Park and the rules by which it was to be administered. In 2007 an agreement was made between the Crown the Eden Park Trust Board and the Eden Park Board of Control whereby the Crown undertook to underwrite an amount not exceeding $190 million for the redevelopment of Eden Park with the proviso that the redevelopment be under the control of a redevelopment board and that new governance arrangements be agreed. 
Now we have to keep the agreement that was made in 2007 in mind when we consider this bill. It was one of the things that the Government Administration Committee had to give considerable thought to because some of the suggestions that came forward for amendments potentially could have undermined the discussions that took place between those parties. We were very mindful of that and I will talk a little bit about some of the technical issues that were raised during the select committee process in particular issues raised by the Attorney-General and by the Regulations Review Committee. In this particular instance the select committee chose not to follow the recommendations of the Regulations Review Committee. That is actually quite an unusual thing I think for a select committee to do so it is probably quite important that I spend a considerable amount of time outlining the reasons that we did not follow its recommendations. 
But first I will talk about the need for the bill. Due to the redevelopment of Eden Park for the Rugby World Cup 2011 it is necessary to vary the terms set out and to set out new terms upon which the Eden Park Trust Board will hold this property on trust. The bill considerably simplifies the statutory regime relating to the trust. It repeals several definitions in the Act and it repeals at least 10 sections. The import of the bill-repealed sections is transferred to the new trustee which forms part of the bill. 
The issue that the Regulations Review Committee raised with the select committee was to do with the trust deed being incorporated in the legislation and the legislation then giving the Governor-General power to amend the trust deed in the legislation without having to come back to Parliament for any subsequent amendment to be ratified. It is known I believe as a “Henry VIII” clause; it empowers the Governor-General to make changes to primary legislation without it coming before Parliament. That of course is very unusual and a very big no-no. 
Hon Lianne Dalziel 
: A constitutional outrage is what it is. 
CHRIS HIPKINS 
: It is a constitutional outrage as my colleague Lianne Dalziel is saying. We considered that matter very carefully and I am just looking through my notes to find the piece of paper where I noted what we talked about. The Government Administration Committee actually went to the degree of writing back to the Regulations Review Committee setting out the reasons why we did not want to follow that. 
I thought it would probably be quite useful for me to share with the House what we said to the Regulations Review Committee in regard to that particular “Henry VIII” clause. We said: “The trust deed is a legal document which is separate from the bill.” I think we need to keep in mind that important point. Although it is in the bill the trust deed itself is separate from the bill. “The words of the trust deed are repeated in the Schedule solely to make the terms of the trust deed accessible to the public in the most robust manner possible.” This is reflected in the wording of paragraph (a) of the definition of “trust deed” in clause 4(2) of the bill. “The trustees can amend the trust deed regardless of whether or not it is set out in the bill. Doing so would change the terms upon which the trust operates” but would not change the substantive provisions of the enabling legislation. The ability to amend the schedule by Order in Council has been provided for simply to ensure that the copy of the text of the trust deed set out in the schedule of the Act continues to accurately reflect the wording of the actual trust deed if the trust deed is amended in the future. 
To put that in plain English basically it means that if the Eden Park Trust Board amends its trust deed it would actually effectively amend the legislation. Unless the Governor-General has the power by Order in Council to reflect that change in the legislation the trust deed contained in the legislation would not reflect the actual trust deed as in existence. So we decided as a committee that it would be ludicrous to remove the ability of the Governor-General simply to make sure that the trust deed contained in the legislation actually reflected the trust deed that was in force. It was the subject of quite a bit of backwards and forwards discussion around the committee because as my colleague Lianne Dalziel said the Regulations Review Committee has written entire reports on the “Henry VIII” clause. The decision of the Government Administration Committee not to take note of the concerns raised by the Regulations Review Committee was not taken lightly but as Lianne Dalziel said I think given the deliberation and the thought it put into it it probably reached the right decision in deciding not to follow its recommendation. 
A number of issues were raised by the Attorney-General but in particular he raised some issues regarding potential incapacitation of trustees and the New Zealand Bill of Rights Act considerations around that. We addressed those considerations in the bill and we were very pleased to be able to do that. So I think the bill is reported back to the House with the Attorney-General’s concerns dealt with. Concerns were also raised during the process about the ability for the bill to be enacted by Order in Council rather than a specific date being put in the bill. That is another issue that the Regulations Review Committee has been particularly sceptical about: the idea that the Governor-General by Order in Council can have the power to enact legislation at a certain point in time. Parliament could pass a bill that may not ever come into force or it could be done completely randomly several years down the track. 
The Regulations Review Committee was very unsupportive of that so we amended it in the actual bill. Members will see that now in clause 2 of the bill there is a specific date: “This Act comes into force on the 30th day after the date on which it receives the Royal assent.” We did not determine that date completely randomly; we determined that 30 days was probably about the right amount of time that the trustees and others would need to deal with the routine implementation and the administrative process of putting everything in place after the bill was passed. They will have the surety of knowing what the law is going to be and they then get 30 days in which to get everything all together so that they can put the law in place. 
KEITH LOCKE (Green) 
: 
 The Green Party will be supporting the Eden Park Trust Amendment Bill. The Green Party is supportive of the redevelopment of Eden Park and is looking forward to a very successful 2011 Rugby World Cup. 
Perhaps the Government could give some reassurance to Labour or at least to Labour in the form of Trevor Mallard. He seemed to be concerned before that the waterfront stadium did not go ahead. He wanted a better use of that waterfront area other than for parking a lot of cars on certain wharves in the vicinity of the planned stadium. 
The Government has given support to the development of Queen’s Wharf. It is called party central but hopefully it will be much more than that. Hopefully the Government will reassure Trevor Mallard by giving some indication of assistance to further development east of Queen’s Wharf so that we really have something a bit more like the Wellington waterfront which is a pleasure to walk along each morning on the way to Parliament. 
Hon Maurice Williamson 
: What? Are you going to walk around the Auckland waterfront on the way to Parliament? I am confused. 
KEITH LOCKE 
: Yes that is right; perhaps we will move Parliament up to Auckland once we have a good waterfront there! 
I raise three points about the way we could help the Eden Park Trust Board financially. One of those points—I think it has been touched on a little bit previously by Nikki Kaye—is public transport. We are concerned that the Government is not moving ahead quickly enough with Auckland public transport particularly rail. One of the things that inhibit people going to Eden Park and helping its receipts is that if people go to Eden Park they are often forced by the lack of public transport to go by car and for a big event they have to park a long way away. I live a fair way away from Eden Park but people park outside my place on the day of a big game. Once the stadium is expanded to 60000 seats people will be parking a very long way away and perhaps not even bothering to go to the game if there is no decent public transport. So we are trying to give a push to the Government to move ahead particularly with the electrification project. 
The second point is that perhaps there could be some little suggestion to the Rugby Union to not keep extending the rugby season. We are getting viewer fatigue; audiences have been declining. That decline reflects on the receipts of the New Zealand Rugby Union and its payments to the Auckland Rugby Football Union and Eden Park Trust Board. There will not be fewer games at Eden Park because the extension is really putting extra games in Dunedin and places like that. Making that suggestion is one thing that can be done. 
Another thing comes out of some of the discussion of late around the game between Kelston Boys High School and Auckland Grammar School. I take the point of Richard Boock the leading sports columnist in New Zealand who was on the radio this morning talking about how we have to get back to the way we thought about sport traditionally as being a game and think in terms of how in every game of cricket or rugby there has to be a winner and there has to be a loser and not to bank everything on the winner and nothing on the loser. I think that view is reflected in audiences. If audiences say they will not go to the game because their team is losing—and Auckland has been losing a bit recently—then it is not good for the receipts of the Eden Park Trust Board. If we can get back to the more traditional concept—hopefully reflected in amateur sport although it was not reflected in the game between Auckland Grammar School and Kelston Boys High School the other day—that winning is not the be-all and end-all but playing one’s best is what counts then I think that will mean that people will come to the game regardless of whether their team is likely to win or lose and they will respect the achievements of the other side if it happens to beat the home team. The receipts of Eden Park would go up. 
Those are just a few little suggestions to help the new trust board on its merry way. Thank you. 
RAHUI KATENE (Maori Party—Te Tai Tonga) 
: 
 It made for great food for the soul today to learn about the gardening initiative at Manurewa Marae. It will teach locals how to grow their own vegetable gardens while gaining a nationally recognised qualification. It is an initiative being pioneered by Let’s Beat Diabetes programme director Chad Paraone and it does a whole lot of things at once. The marae gardening programme is about creating self-sufficiency good eating and exercise while at the same time—wait for it—fostering education and nurturing workforce development. It is community development at its very best. It is an initiative with the full support of those involved with the marae who have a vision of their marae being a hub within the community. That is what I call a good news story. 
What is happening at Manurewa could just as easily have happened at Eden Park. The evidence from Ngati Whatua o Orakei Maori Trust Board is that Eden Park was traditionally a wetland used for the harvesting of kai. Rather than having goalposts and spectator stands the whenua could have been turned to a different end creating produce for healthy family meals building community unity and developing tertiary training skills. Instead we are now considering a venue that has an internationally recognised name and brand as a major sports stadium. 
The Eden Park Trust Amendment Bill is of course associated with the urgent imperative to till the soil for the Rugby World Cup 2011 but before the World Cup took over Eden Park already had a distinguished heritage history as a significant rugby and cricketing venue. This is the place where the All Blacks achieved victory in the 1987 Rugby World Cup final—they won at least one final anyway. It was the site of the 1950 British Empire Games. It has also hosted international rugby league international soccer international hockey gymnastics and athletics. The Queen Mother paid a visit in 1966 the Prince and Princess of Wales in 1983 and the Dalai Lama in 2002. 
It is evident that significant events and personalities will for ever be linked with Eden Park but we wonder how frequently people would also associate this land with the volcano Maungawhau the Waikato warrior Kawharu Ngati Paoa of the Hauraki tribes the Waiohua chief Kiwi Tamaki or indeed Ngati Whatua as mana whenua. There is a rich history associated with Eden Park and that history is also a history laden with the legacy of tangata whenua. 
We are pleased that Ngati Whatua support this bill and we are also interested in the proposal they have mooted that Eden Park should be developed as a venue for Maori events such as Te Matatini National Kapa Haka Festival. I am sure that my colleague Dr Pita Sharples would be extremely enthusiastic about taking Manutuke on to the stage at Eden Park as the local member for Tamaki Makaurau. 
There is just one issue that I hope the Minister will clarify and that is the recommendation from the Government Administration Committee that the bill should be amended to allow people with disabilities to serve as trustees. We absolutely support the intent of this recommendation and we hope to see it actioned to ensure that disabled persons have every right to participate in decision making. 
The committee also noted in its report that a significant responsibility of trustees will be to hire the facilities at a fair and reasonable rate to community groups whose events generate little revenue. Again this is an excellent suggestion which we fully support in order to respect the obligation upon local bodies to support the wider community. 
Finally I come back to the proud cultural heritage of Eden Park. The Maori Party recommends to the Eden Park Trust Board that it gives strong consideration to the relationship with mana whenua as the Treaty partner. We hope that the Eden Park Trust Board will work with iwi and to this end the Maori Party has promoted the opportunity for the Minister of Local Government to ensure that when selecting the five Crown trustees to the board a seat is specifically reserved for tangata whenua. This would seem a pretty good model for other Ministers to follow. Kia ora. 
MELISSA LEE (National) 
: 
 It is a pleasure to rise to support the Eden Park Trust Amendment Bill. Although I was not involved in the first reading in May or the select committee process it is nice for me to note the multiparty support across the House for this bill’s introduction and second reading today. This member’s bill—introduced by the Minister for the Rugby World Cup the Hon Murray McCully who is a fantastic Minister—amends the 1955 Eden Park Trust Act to provide new governance agreements and flexibility to make the 2011 Rugby World Cup at Eden Park a reality. 
I have driven past Eden Park on many occasions—some members alluded to the fact that I have probably done so more than other members in this House—and I have noticed huge changes already. Those changes are part of what this bill intends to facilitate which is the creation of a redeveloped stadium with a capacity of 60000 people. Obviously this stadium is earmarked for the Rugby World Cup but the flow-on effects of the redeveloped stadium will be huge and they will benefit the people of Auckland and ultimately the people of New Zealand. 
One of the things that used to fascinate and frustrate me having lived only a few minutes from Eden Park for more than a decade was the sheer number of people who used to park in my street to walk to the park whenever there was a game. I used to laugh at the colourfully painted faces the team jerseys and all the rugby paraphernalia. On occasion I joined them to watch either rugby or cricket as a good Kiwi girl should. As a resident of Mount Eden I used to avoid Sandringham Road and Dominion Road on game days simply because of the sheer number of cars. The traffic jams that used to frustrate even the most patient drivers will hopefully get better as a result of this bill; it is a catalyst for investment in regional transport and infrastructure. I know that already the Auckland City Council is investing in the widening of roads and fixing of walkways to facilitate the movement of the large numbers of spectators who will turn out for the Rugby World Cup. The improvement of pedestrian access to and from the park is essential and so is the establishment of transport centres for public transport. 
Already the shopping precinct in Kingsland has changed tremendously. Over the years the sad-looking Kingsland shops have improved out of sight and now are home to many wonderful cafes and bars and some of my favourite restaurants and dress shops. The Kingsland Train Station is tops too. I remember when it used to look very run down and a bit of a shack. Now it is clean and modern and it will be a great asset for those wanting to get to the game without the worry of having to drive or find a park. 
I have just returned from Korea having been invited there as a keynote speaker for a conference. I had an opportunity to have a quick look at Seoul and I was very impressed. They have beautified their city to make it people-friendly. I saw families having picnics along the stream that runs through the city and I saw children run through a water fountain specially made for them to play in. Eden Park may not quite match up in those people-friendly stakes but the recognition it will gain overseas through the Rugby World Cup and its promotion will benefit New Zealand as a whole. Auckland City will get world recognition and as the world moves in a more global network with cities competing against other cities around the world it can only add value to Auckland. That value is not just for rugby. It will be great not only for sporting events but also for other recreational musical and cultural events that will benefit the people of Mt Albert the region and the nation as a whole. 
To do all this the bill gives the trustees the teeth to do their job and meet their objectives. There will be a minimum of five and a maximum of nine trustees five of whom will be appointed by the Crown and they will hold at least six meetings each financial year. The Rugby World Cup is one of the world’s premier sports events second to the Olympic Games and the international football events. It will be the largest sporting event ever held in New Zealand and it comes at no small cost but the benefits will outweigh the cost. As the mother of a 10-year-old boy who cannot wait for the Rugby World Cup—and more important for the All Blacks to win the Rugby World Cup—I can only support this bill. Go the All Blacks! I commend this bill to the House. 
IAIN LEES-GALLOWAY (Labour—Palmerston North) 
: 
 It is a privilege to follow such a comprehensive and well-thought-through speech from the former next MP for Mt Albert Melissa Lee. 
Hon Tau Henare 
: Oh you’re funny. 
IAIN LEES-GALLOWAY 
: Thank you. Perhaps if she had made more speeches like that and if she had had a little bit more time in the by-election campaign she would have garnered a few more votes. But that is all in the past now so we will move on. 
The aim of the Eden Park Trust Amendment Bill is to amend the governance arrangements so that the Eden Park Trust Board will have greater independence from Parliament. It gives the board considerably more flexibility to act independently of Parliament so that it can prepare for the upcoming Rugby World Cup in 2011. I had the privilege of visiting Mount Albert a couple of times earlier this year and it was quite clear that the— 
Hon Tau Henare 
: Why was the member in Mount Albert? 
Grant Robertson 
: Important meetings! 
IAIN LEES-GALLOWAY 
: There was a caucus meeting at Eden Park in fact so that was my opportunity to go to Eden Park. It was fantastic to see the rate at which the development is happening there now. It is quite clear that the board does need that independence so that it can respond to any problems that might arise as the development continues without continually having to come back and seek approval from a higher authority. 
It was interesting to hear Nikki Kaye talk about what a great community asset Eden Park will be once all the developments are complete. Nikki Kaye the MP for Auckland Central might have—had Trevor Mallard had his way—had a stadium in her electorate. Perhaps she is a bit disappointed that she will not get such a valuable community asset. But she will get party central—a bit of flat earth at the bottom of Queen Street in Auckland Central. The Government is investing something in the order of $18 million—I stand to be corrected if someone knows better—in party central which will not be anything like the asset Eden Park will be or the waterfront stadium would have been. 
When we really start thinking about the priorities of this Government we realise that maybe the $18 million might have been better spent in other ways. It would have cost just $16 million to maintain the adult and community education that has been slashed by this Government. It would have cost just $10 million to maintain the current services at Palmerston North Hospital in the MidCentral District Health Board area. It may have been wiser to spend the money on that rather than a return to the 1980s with party central at the bottom of Queen Street in Auckland Central. Sadly party central will not be the kind of community asset that Eden Park is. 
But we do have Eden Park and it is very very important that we get it right. We have only one shot at the Rugby World Cup. We are a small country of just 4 million people. To have the opportunity to host the Rugby World Cup shows that as usual New Zealand has punched above its weight. I say thank you very much to the previous Prime Minister Helen Clark amongst other people because she headed over to Dublin to help New Zealand in its bid. 
Hon Tau Henare 
: We never won the world cup under a Labour Government! 
IAIN LEES-GALLOWAY 
: It was in fact under a Labour Government that New Zealand won the Rugby World Cup for the one and only time in 1987. The member is slightly confused on that one. He is rewriting history but that is OK. 
Hon Tau Henare 
: I apologise. 
IAIN LEES-GALLOWAY 
: That is all right. The member apologised and that is fine. We have just one shot to make sure that our one opportunity to host the Rugby World Cup goes absolutely right for us and that we get the maximum economic benefit out of it. It has been estimated that the economic benefit to New Zealand could be in the order of $1.15 billion so it is absolutely imperative we get it right. That figure breaks down to $476 million in total direct additional expenditure within New Zealand. Of that figure $262 million is expected to be spent within Auckland. It is expected that there will be $507 million in additional gross domestic product for the New Zealand economy of which $240 million is additional GDP for the Auckland economy. 
It is very very important that we get this vital community asset right and also that the tourism spin-offs from the Rugby World Cup are felt outside of Auckland as well and maybe felt even in my own electorate. We have been lucky enough in Palmerston North to be offered a couple of games. I think we have Europe 1 versus a qualifier of some description so that will be a great game to go along to. Maybe a few people might head up the road from the Wellington games to watch some of the Palmerston North games so that my city can get some of the economic benefit. 
Hone Harawira 
: Where’s Palmerston North? 
IAIN LEES-GALLOWAY 
: That is a very good question. Palmerston North is about 2 hours north. Unlike some National members I know my north from my south. If we start in Wellington and head north for about 2 hours we get to Palmerston North. If we head a little bit further north we get to Wanganui and up to Taranaki and New Plymouth as well. That is not heading south; that is heading north. That is a little bit of geography for the Government; I am sure it will help it out. Just like the Olympic Games or the Commonwealth Games which are more relevant for New Zealand getting Eden Park right is absolutely right because— 
Hone Harawira 
: You go west to Wanganui not north. 
IAIN LEES-GALLOWAY 
: It is sort of west and north; it is definitely north from Palmerston North. But I agree with the member that it is mostly west and a little north. When the Olympic Games and the Commonwealth Games are done right they have a lasting impression on the city where they are hosted. In the same way the Rugby World Cup can have a lasting impression on New Zealand and the New Zealand economy. It is absolutely right that we not only get Eden Park right but also get the trust structured correctly. It is also important that the tourism strategy is absolutely right and that we make the most of this opportunity. 
In getting the trust deed right there are a number of specifics that are probably worth going into. The trust deed specifies the trusts under which the trust property must be held and the governance arrangements for the trust property. The trust deed reflects the arrangements made between the parties. There is a declaration of trust in relation to the trust assets. The objectives of the trust are stated as follows: “To promote operate and develop Eden Park as a high quality multi-purpose stadium for the use and benefit of rugby and cricket … as well as other sporting codes and other recreational musical and cultural events for the benefit of the public of the Region.” That might even include a Labour Party caucus meeting. A further objective is “To administer Eden Park and the Trust Assets on a prudent commercial basis so that Eden Park is a successful financially autonomous community asset.” The trust will have “due regard to the needs of and the contributions made by and historical interests of the Auckland Rugby Union and the Auckland Cricket Association and the contributions of the Crown …”. 
It is interesting to note that the trustees are not personally liable. The bill extends protection to all trustees past and future by providing that “No trustee of the Trust Board … is or may be personally liable for any act or omission of the Trust Board or any other trustee of the Trust Board …”. It covers any event beyond the control of the trustees that could potentially jeopardise the solvency of Eden Park. However it specifically does not include any event or circumstance that could have been avoided by the trustees exercising a reasonable standard of care. If the board members invited David Beckham over to play a football game and it all went belly up they would be liable for that debt. 
This bill is vitally important for making the most of the Rugby World Cup. The board must have greater independence from Parliament so that amendments can be made quickly and signed off by the Governor-General through Order in Council and for that reason Labour wholeheartedly supports this bill. 
GRANT ROBERTSON (Labour—Wellington Central) 
: 
 It is a pleasure to take a call in this debate having served on the Government Administration Committee which considered the Eden Park Trust Amendment Bill. The committee was ably chaired by my colleague David Parker and we certainly worked in a collegial atmosphere to bring this bill back to the House. It is an honour to talk about Eden Park; despite being a Wellingtonian I can understand the importance and significance of Eden Park to all New Zealanders. It was the site of our first ever cricket test win against the West Indies in the 1950s which was a remarkable occasion. It has been the site of other great sporting achievements and we have already heard about the 1987 Rugby World Cup final. For Mr Henare’s benefit it was indeed under a Labour Government that New Zealand won its only Rugby World Cup title. 
It has also been the scene of part of our social and cultural history. No one will forget the third test of the Springbok Tour in 1981 and what went on in the area around Eden Park. I ask Mr Henare whether he was there. 
Hon Tau Henare 
: I didn’t go. 
GRANT ROBERTSON 
: Those flour bombs missed their target then clearly. I remember as a young person watching the news footage of the event and being quite disturbed by what I saw there. Clearly Eden Park was the centre of that. When they demolished the grandstand they found the trapdoor that was used to get the Springbok rugby team in and out of Eden Park so that they did not have to run the gauntlet of the protest. It was certainly a time of huge social upheaval in New Zealand. As a 10-year-old I was well aware of where I stood on the Springbok Tour; some other members of this House are not so sure. 
Hon Tau Henare 
: As a 10-year-old? Come on! 
GRANT ROBERTSON 
: I was 10 years old during the 1981 Springbok Tour. I certainly knew where I stood on the Springbok Tour at the time. Unfortunately some other members of the House are not so clear on that. Mr Key in particular was not clear at all on his position on the Springbok Tour which is remarkable for somebody at university at the time. 
I also know we have already heard quite an interesting contribution from Mr Locke about the different uses of Eden Park today particularly the split between cricket and rugby. I will return to the issue of the different responsibilities of the Auckland Cricket Association and the Auckland Rugby Football Union. It is true that a lot less cricket is now played on the Eden Park main ground. This trust deed now clarifies the use of the No. 2 ground for the Auckland Cricket Association and I know the association is happy about that. It is a ground it wants to develop. In recent years it has hosted first-class cricket finals and also the finals of the one-day cricket competition and the Twenty20 competition. I know they are looking at potentially developing it as a test venue rather than the No. 1 ground. I certainly share Mr Locke’s view that the expansion of the rugby season has seen a sense of cricket almost being forced out of venues like Eden Park. Personally I think we can find a good and better balance in that regard. 
My colleague Chris Hipkins has already talked about what the committee debated in terms of the position around the so-called “Henry VIII” clause. I will not go back over that again except to say that the committee understood and had a good dialogue with the Regulations Review Committee about the importance of being careful about such clauses. But we think this is the best outcome for the bill. It is a different arrangement here. We have a situation whereby a partnership has been created between the Auckland Cricket Association the Auckland Rugby Football Union and the Government to ensure that Eden Park is the facility we want it to be for Rugby World Cup 2011 and beyond. The special arrangements we have here are the right ones to get us through. We are certainly aware that the Regulations Review Committee had its views. We have taken them into account and ensured that we have a bill that we think will work. 
Mr Hipkins also mentioned the discussion we had around the appointment and removal of trustees. We have made some amendments to the bill in order to ensure that the concerns of the Attorney-General around the New Zealand Bill of Rights Act have been taken into account. I will refer to something that is in the commentary of the bill around the responsibilities of the trustees. We had quite long conversations in the select committee about how the trustees would be able to enact their responsibilities. This comes back to the partnership I have mentioned before. The Auckland Cricket Association and the Auckland Rugby Football Union have a long history and a long association with Eden Park. The Government is now a partner as well. It is important that as we move forward a balance is set between the responsibilities of the trustees to hold an asset and look after an asset that is for all New Zealanders given the financial contribution by the Government so that they are managing Eden Park for the broader community. 
The broader community now has a stake in Eden Park and the trustees need to be aware of that and manage it. Equally we also know that the associations are looking to maximise revenue from the ground. The revenue that is generated from Eden Park is extraordinarily significant to the wider Auckland cricket region. It is also significant to Auckland rugby. The committee has noted in its commentary: “we expect that the trust will move towards a more commercial model when other sporting codes hire the facilities which should meet the objectives of the trust as outlined in clause 4.1(b) of the trust deed. Clause 4.1(b) states that one of the objects for which the trust is continued is ‘to administer Eden Park and the Trust Assets on a prudent commercial basis so that Eden Park is a successful financially autonomous community asset’.” It is quite a difficult balance to be able to run Eden Park so that it is a community asset in the broadest sense but also so that it is commercially viable. That is the challenge that is now in front of the new trustees of Eden Park which are appointed by the Auckland Cricket Association the Auckland Rugby Football Union and the Government. The committee wanted to put that in the commentary to ensure that that balance was recognised as the bill passes through the House this evening. 
I will refer to the objects of the trust which will become part of law. It is important that we look at them in some detail so that we can see the balance the trustees have to look at. The objects of the trust are “To promote operate and develop Eden Park as a high quality multi-purpose stadium for the use and benefit of rugby and cricket … as well as other sporting codes and other recreational musical and cultural events for the benefit of the public of the Region;”. That is quite a wide-ranging object. The Auckland Rugby Football Union and Auckland Cricket Association are there primarily. Eden Park is their ground. They have developed it over the years. They continue to be the key stakeholders. The Government is now involved as well. The people of New Zealand are stakeholders through the Government. But we also want to see—and I think all members in the House want to see—Eden Park used for the widest possible range of events. We already heard this evening from a number of speakers the different events that have been held at Eden Park and we want to continue to ensure that they are held there. 
Hone Harawira 
: Rugby league. 
GRANT ROBERTSON 
: I would like to see rugby league obviously which is a great sport but also some musical and cultural events held there. 
The second object of the trust as I mentioned is the one that ensures that it is to be administered on a prudent commercial basis so that it is a successful financially autonomous community asset. That is the challenge in front of the trustees and I am sure they are well aware of it. The other objects of the trust make note of the partnership between the Crown the Auckland Rugby Football Union and the Auckland Cricket Association. Again I will pause here to pay tribute to the Auckland Rugby Football Union and the Auckland Cricket Association which have adopted a very flexible approach in the negotiation of the bill. I also pay tribute to the officials mainly from the Ministry of Economic Development who worked very hard to ensure an outcome that was acceptable to all parties. The committee certainly valued their advice. 
I will move through some other parts of the trust deed that I think are important to note. One of them clause 6 of the covenants is around the trustees’ responsibilities. It notes the different responsibilities of the Auckland Rugby Football Union and the Auckland Cricket Association. The Auckland Cricket Association will have preferential use rights to the No. 2 ground. 
Hone Harawira 
: But you’re from Wellington. 
GRANT ROBERTSON 
: I know but I care about cricket and rugby right across New Zealand. The best rugby team in New Zealand is obviously in Wellington. I thank my colleague for noting that but Auckland rugby and Auckland cricket need support as well. The Auckland Cricket Association will also have permanent use and occupation of facilities on a year-round basis and concessionary venue hire. There are concessionary terms here for the Auckland Cricket Association. That is recognition of the association’s long-term contribution to the ground and the development of the ground as there is for Auckland rugby as well. 
I can say that the entire community will benefit from this asset. The Auckland Cricket Association and the Auckland Rugby Football Union have their role in developing it and continuing to develop it. I hope Eden Park will be a community asset we can all be proud of and in 2011 when we win the Rugby World Cup we can all look at a stadium that is for all New Zealanders. Thank you. 
Bill read a second time. 
Third Reading 
Hon MURRAY McCULLY (National—East Coast Bays) 
: 
 I move  
That the Eden Park Trust Amendment Bill be now read a third time 
. 
Bill read a third time.