Bennett David: Employment Relations Amendment Bill — In Committee 
Bennett David: Employment Relations Amendment Bill — In Committee 
[Volume:633;Page:5090] 
DAVID BENNETT (National—Hamilton East) 
: 
 Just while we look at the commencement date of the Employment Relations Amendment Bill and at Supplementary Order Paper 54 I would like some clarification with regard to clause 2(1)(b) on the Supplementary Order Paper which states: “(b) sections 5A and 5B of this Act.” Would the Minister or officials be able to advise me because it seems to me that clause 5 of the new Employment Relations Amendment Bill soon to become an Act actually has clauses 5(1) and 5(2) not “sections 5A and 5B”. Is there a drafting error or is it supposed to be like that? 
John Hayes 
: Fifteen changes. 
DAVID BENNETT 
: So if that is the case then I think we are on to our 15th amendment. It is important that we look at those kinds of details when we are drafting legislation like this because they send an important signal to New Zealanders about the care and integrity we apply to our legislation. So if I could have some kind of guidance from the officials at some stage on that point that would be great. 
The main part of clause 2 is now in the amendment in the Supplementary Order Paper. Clause 2 of the bill states: “This Act comes into force on the day after the date on which it receives the Royal assent.” The words “Royal assent” take on a new meaning in New Zealand now because a couple of weeks ago we were very fortunate to witness the swearing-in of a great new Governor-General for New Zealand. He is somebody who will represent this country very well in that position. 
Chris Tremain 
: Anand Satyanand. 
DAVID BENNETT 
: Yes—Mr Satyanand—and I believe that the speech he gave that day was a great speech for all New Zealanders. It showed enough nous and political knowledge but at the same time it was supportive of our people and our opportunities. 
This legislation does not fulfil the comments the Governor-General made about our history and our future which is why it is important when we look at the legislation coming into force on that commencement date that it should actually reflect the intention that the Governor-General has provided for New Zealand. In his speech the Governor-General very much emphasised the ability of New Zealanders to achieve and to attain their full goals. We do not have that intention in this legislation. This legislation takes away the ambition and achievement of ordinary New Zealanders. It is just part of Labour’s idea of hierarchy: keeping people under its thumb and saying that it knows best what is best for these people. 
John Hayes 
: Anti-competitive. 
DAVID BENNETT 
: That is right; it is anti-competitive. But it is more than that—it is anti the Kiwi spirit—the spirit of going out there and making the most of our opportunities. 
That is why we in National stand against this legislation today because we back New Zealanders. We back not just legislation that has the right numbers or letters in it; we back New Zealanders. We want to see legislation that gives them the opportunities to achieve their goals to be successful and to build on their successes. And that is the big problem with this legislation especially if we look at a commencement date that has been tied in with our great history and future—as the new Governor-General’s speech showed. The driving intention of that speech is the ability of people to take an opportunity. 
This legislation has been proposed by unions—that is what it is; it is a union payback. It is all part of the Labour equation of employment rights. Labour does not do it all in one fell swoop; that is why there are 14 amendments. And we will have another 20 amendments by the end of this term because the Government has taken an incremental approach to employment law in this country. The Government knows that it cannot get a decent employment law passed that would achieve all its goals but it believes that it can do so incrementally. 
Lindsay Tisch 
: By stealth. 
DAVID BENNETT 
: It can do so by stealth—with members’ bills and by bringing parties on board to help it achieve certain little goals. 
That is why the commencement date is relatively important. If we look at that date we go back to the heart and intention of what New Zealand workers want. They want a fair go and that is what the Governor-General said. They want to have a chance to be the best they can be. Are we giving them that chance today? No I do not think we are. We are doing the opposite: we are actually telling them what to do; we are setting the rules that they must abide by. That is not good enough and it is not what they want. Workers want the Royal assent to be granted to legislation that gives them the ability to make the most of their opportunities. That is what this Parliament should stand for. We have an MMP Parliament and that is a great thing in some regards.