Key John: Public Finance (State Sector Management) Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Key John: Public Finance (State Sector Management) Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 14 December 2004. Volume:622;Page:17888. Text is incorporated into the Bound Volume.] 
JOHN KEY (National—Helensville) 
: 
 I am happy to rise to speak to Part 4 of the Public Finance (State Sector Management) Bill. If ever this bill was living evidence of some of the drivel that has been written into our legislation we do not need to go any further than Part 4. If we have a bit of a look through it we will see some of the absolute nonsense that has been written into legislation and in particular into this bill. I draw the Committee’s attention to some of the quite startling findings I made as I flicked through Part 4 earlier. 
Here is an example. Clause 70 “Method of appointment of members” lists a long and convoluted series of things that happen when either the responsible Minister or the Governor-General appoints someone. For instance when the notice is sent out to the responsible member it has to state the date when the appointment will take place. The member cannot start before he or she gets the letter. The letter has to state how long the person will be a member. That is pretty basic stuff. It is not exactly mind-blowing stuff that needs to be— 
Hon David Carter 
: Do they have to be current members of the Labour Party? 
JOHN KEY 
: No they cannot be a member of Parliament funnily enough. 
Simon Power 
: Where’s the Minister in the chair? 
JOHN KEY 
: That is right. It is nice of the Government to pay attention as we debate this stuff. Then we get to the good bit. Clause 72 “Qualifications of members” states what it takes to be disqualified from being a member. The Minister in the chair Trevor Mallard will be delighted to know that he is disqualified under subclause (2)(e) because he is a member of Parliament— 
Hon David Carter 
: Under paragraph (a)! 
JOHN KEY 
: Subclause (2)(a) refers to a person who is an undischarged bankrupt. I do not want to go into his personal business! My point is that under subclause (2)(e) he is discharged because he is a member of Parliament—at least until the next election. I want to go through these points. We are not intimidated by them. These are the interesting bits. There are all sorts of reasons under clause 72 why one can be disqualified from being a member of a statutory entity. [ 
Interruption 
] He may fail on a number of instances. A disqualified person is for instance an undischarged bankrupt a person who is prohibited from being a director or promoter of or who is concerned with a company under section 382 of the Companies Act—that subclause goes on and on—a person who is subject to a property rights order a person who has been convicted of an offence punishable by imprisonment for a term of 2 years or more or a member of Parliament. 
Hon David Carter 
: What about heterosexual males from Wainuiomata? 
JOHN KEY 
: A heterosexual male from Wainuiomata? 
Hon Member 
: Are there any? 
JOHN KEY 
: Some are and some are not. [ 
Interruption 
] That is right. 
Simon Power 
: Roaming the savannah of Wainuiomata. 
JOHN KEY 
: They roam the savannah of Wainuiomata! But that is not the interesting bit. [ 
Interruption 
] The Serengeti of the Wainuiomata! I have not been there for a while but I am sure it is a great spot at which to holiday at Christmas. That is not the interesting bit. The interesting bit is that those are the qualifications and the things for which one can be discharged. 
Clause 76 “Validity of members’ acts” and clause 77 “Validity of appointments” are really quite interesting. Clause 76 states: “The acts of a person as a member chairperson or deputy chairperson of a statutory entity are valid even though—(a) a defect existed in the appointment of the person; or (b) the person is or was disqualified from being a member; or (c) the occasion for the person acting or for his or her appointment had not arisen or had ended.” In other words there is a long list of reasons why a person may not be eligible. [ 
Interruption 
] Mike Williams gets there anyway. Even if one is ineligible and then all of a sudden one wanders along and does something under clause 76 that is all valid. 
But the real classic comes when one reads clause 77. The Minister is looking around. I know it is late in the night but he really should pay attention to this stuff because it really is outstanding legislation and I have absolutely no doubt that it is worth the Committee’s time being here in urgency! This is the best bit. Clause 77(1) states: “The appointment of a person as a member chairperson or deputy chairperson of a statutory entity is not invalid only because a defect existed in the appointment of the person.” In other words— 
Jim Peters 
: Nobody’s perfect. 
JOHN KEY 
: Yes that is right who is perfect anyway? People can have all the defects and can totally contradict clause 72 and it does not matter what they do that will not stop them from getting the job. Everything will be OK anyway. We are here in urgency writing down on bits of paper that people cannot become members until they have received the letter and cannot be removed until the notice has been in the  
Gazette 
. People cannot be members if they do not comply with all those different things but if they do become members they need not worry because it is all absolutely OK fine and hunky-dory. Under this Government they can lie in unison and lie straight in bed at night with absolutely no problem.