edithatogo/nz-hansard-corpus huggingface dataset:
Cunliffe David: Mixed Ownership Model Bill — In Committee 
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Cunliffe David: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3211. Text is incorporated into the Bound Volume.] 
Hon DAVID CUNLIFFE (Labour—New Lynn) 
: 
 I raise a point of order Mr Chairperson. I would like to draw your attention to the specific wording in Speaker’s ruling 10/3 to which you have referred which says: “appointed for the interruption of business any further motion”—it is talking about a motion not a point of order—and in Speaker’s ruling 10/4 it talks about the closure motion: “the time to report progress is deferred”. Again it is not about a point of order and it is a standing convention in this House that the points of order take precedence over other matters of House business. In this case you had not in fact started to put the vote; you had merely started to call for a vote ignoring two points of order that were before you including from the senior Government whip. I would respectfully submit that it is within the ambit of Speaker’s rulings 10/3— 
Hon Ruth Dyson 
: Opposition whip. 
Hon DAVID CUNLIFFE 
: —sorry I meant the Opposition whip—and 10/4 that you should legitimately have considered those points of order and given your ruling on the point of order before attempting to put the vote.
Cosgrove Clayton: Mixed Ownership Model Bill — In Committee 
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Cosgrove Clayton: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3210. Text is incorporated into the Bound Volume.] 
Hon CLAYTON COSGROVE (Labour) 
: 
 The problem the Leader of the Opposition has is that I recall it was you not me who indicated that in the normal course of events it is if not a precedent a protocol that when the Leader of the Opposition calls you would call him. In fact it was not me it was you who admitted that and said that had you seen him—you managed to see Mr Brownlee I take it when he rose for a point of order—had you seen the Leader of the Opposition you would have called him out of tradition or precedent or whatever. 
The second point I would raise with you is that it is the case now—and it is the case of every Committee stage as you will be aware—that members en masse from various political parties seek the call. If I am correct it is normally the Chairperson who determines who gets the call and often that is done on seniority. I have seen you call members and indicate that you have called a member perhaps because they are close to the front or in the second row. But certainly that is a precedent in this Chamber and if it is the case that we should sit down and not seek a call that would indicate that the closure could be put. So Mr Brownlee fails there as well.
Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
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Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3211. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (H V Ross Robertson) 
: Can I just point out to members on both sides of the Chamber Speaker’s ruling 79/1 which means that members are not in order in reflecting on the actions of the Chair. I also want to point members to Speaker’s ruling 66/4 which I was referring to indirectly in Speaker’s ruling 10/4 which says: “Once a vote has commenced it has to be completed.” 
The question is that the motion be agreed to. [ 
Interruption 
] No I have ruled. The vote must be taken according to the Speaker’s ruling 66/4. [ 
Interruption 
] New point of order?
Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
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Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3209. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (H V Ross Robertson) 
: The reality is that I had made the determination because we have had 20 speeches on this part. Everybody who had a Supplementary Order Paper has spoken. I have made that decision to take the closure. I apologise to the Leader of the Opposition because as I said had I seen him I would have acknowledged him—most certainly. But I did not. So the question is that the question be now put. 
Hon Clayton Cosgrove 
: Point of order. 
The CHAIRPERSON (H V Ross Robertson) 
: I have already put the question. I have called the vote and that has to be taken as under Speaker’s ruling 10/4.
Cosgrove Clayton: Mixed Ownership Model Bill — In Committee 
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Cosgrove Clayton: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3209. Text is incorporated into the Bound Volume.] 
Hon CLAYTON COSGROVE (Labour) 
: 
 I raise a point of order Mr Chairperson. In your first response to Chris Hipkins you set out the rationale as to why you did not call the Leader of the Opposition. In your second response to him you changed the goalposts and you used another rationale for that. We are in your hands. It is your responsibility. The Leader of the Opposition is not 3 feet high. He is a pretty tall bloke. He sits adjacent to you. He did seek the call. I would point this out to you: before you put the vote there were at least two members the chief whip on our side and me attempting to gain points of order. We are not shrinking violets; we do have reasonable lungs. For some reason you did not take those points of order; you proceeded directly to the vote. So I put it to you with respect that you have erred on three counts: first that points of order were being raised by two members; second that you did not call the Leader of the Opposition. As you have quite rightly said and there is precedent for this— 
Hon Gerry Brownlee 
: No there’s not. 
The CHAIRPERSON (H V Ross Robertson) 
: Order! 
Hon CLAYTON COSGROVE 
: There is precedent for not interjecting during a point of order. Third you have given two differing explanations as to why you did not call a point of order. We are the minority. We rely on you to ensure that our rights are preserved and we are in a very difficult position that is not through our making.
Brownlee Gerry: Mixed Ownership Model Bill — In Committee 
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Brownlee Gerry: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3210. Text is incorporated into the Bound Volume.] 
Hon GERRY BROWNLEE (Leader of the House) 
: 
 You have called on I think quite rightly Speaker’s ruling 10/4. I note here that it was actually a ruling from Mr Hunt in 2003 and if my memory serves me correctly it was in response to similar types of points of order that I raised at the time when the new Leader of the Opposition Dr Don Brash was seeking a call and if I think for a little bit longer I will be able to recall the debate. The ruling came about because we went down the process of calling the Speaker back and having the Speaker make a ruling from the Chair. You have acted totally appropriately. Any suggestion that there is a precedent for the Leader of the Opposition getting a preference in a call would be valid only if it were in fact a precedent. The idea that it might have been a courtesy for the Leader of the Opposition taking the call would have been stronger from the Labour Party members had there been not so many others of them standing trying to seek the call ahead of their leader at the time. [ 
Interruption 
] 
The CHAIRPERSON (H V Ross Robertson) 
: Order! There is a point of order on the floor and it is to be heard in silence. It is to be terse and to the point. 
Hon GERRY BROWNLEE 
: That is a very salient point. If you were unable to sight Mr Shearer at the time it comes as no surprise to me because most of his own party were trying to take the call ahead of him. So any idea that you were supposed to say: “Oh no on a precedent although I have now determined that this debate should be concluded I must go to the Leader of the Opposition.” I think is an extremely unreasonable point and I want to support fully the fact that you have not only decided to terminate the debate but in fact called the vote and held the vote.
Hipkins Chris: Mixed Ownership Model Bill — In Committee 
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Hipkins Chris: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3209. Text is incorporated into the Bound Volume.] 
CHRIS HIPKINS (Senior Whip—Labour) 
: 
 I raise a point of order Mr Chairperson. It is incumbent upon you to look at who is seeking the call before you choose—[ 
Interruption 
] 
The CHAIRPERSON (H V Ross Robertson) 
: Order! There is a point of order on the floor. There is no sound. 
CHRIS HIPKINS 
: —to accept a closure motion. To say that you did not see the Leader of the Opposition who is sitting immediately in front of you is simply unbelievable. The Leader of the Opposition was seeking the call. It is very unusual for you to reject that call and then claim that you did not see him when he was sitting right there.
Macindoe Tim: Mixed Ownership Model Bill — In Committee 
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Macindoe Tim: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3209. Text is incorporated into the Bound Volume.] 
TIM MACINDOE (National—Hamilton West) 
: 
 I move  
That the question be now put 
.
Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
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Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3209. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (H V Ross Robertson) 
: Can I first of all say I never saw the Leader of the Opposition rise. Can I point out to the member Speaker’s ruling 10/4: Once the chairperson has accepted a closure motion and commenced to put the question it does not matter how far the chairperson gets; under [Standing Order 51] the time to report progress is deferred until the closure and any consequential questions are determined.” So whenever a question is being put to the Committee the interruption of business is deferred until the question is determined—Standing Order 51. I have to say I am sorry I did not see the Leader of the Opposition stand. Had I done so I would have called him. But the reality is that I have called that the question be now put and the question is that the question be now put. As many are of that opinion will please say Aye to the contrary No. The Ayes have it.
Hipkins Chris: Mixed Ownership Model Bill — In Committee 
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Hipkins Chris: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3209. Text is incorporated into the Bound Volume.] 
CHRIS HIPKINS (Senior Whip—Labour) 
: 
 I raise a point of order Mr Chairperson. I want to raise several points with you. The first is that I think it is almost unprecedented that when the Leader of the Opposition seeks a call in this sort of a debate you accept a closure motion. That is highly unusual. The second point that I want to raise is that we have several members here who have been here for several hours over several parts of the bill and who have not had a single call on any part of the bill. It is therefore outrageous that you are accepting a closure motion in those circumstances.
Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
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Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3209. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (H V Ross Robertson) 
: The question is that the question be now put. As many are of that opinion will please say Aye to the contrary No. The Ayes have it.
Barry Maggie: Mixed Ownership Model Bill — In Committee 
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Barry Maggie: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3207. Text is incorporated into the Bound Volume.] 
MAGGIE BARRY (National—North Shore) 
: 
 I move  
That the question be now put 
.
Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
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Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3207. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (H V Ross Robertson) 
: It is getting close but I am going to call Holly Walker.
Bennett David: Mixed Ownership Model Bill — In Committee 
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Bennett David: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3205. Text is incorporated into the Bound Volume.] 
DAVID BENNETT (National—Hamilton East) 
: 
 I move  
That the question be now put 
.
Simpson Scott: Mixed Ownership Model Bill — In Committee 
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Simpson Scott: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3206. Text is incorporated into the Bound Volume.] 
SCOTT SIMPSON (National—Coromandel) 
: 
 I move  
That the question be now put 
.
Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
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Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3203. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (H V Ross Robertson) 
: No I do not think so.
Roy Eric: Mixed Ownership Model Bill — In Committee 
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Roy Eric: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3190. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: My sincere apologies. I have misread the previous amendment in the name of the Hon Phil Goff. I will read it and then we will put that amendment. The Hon Phil Goff’s typescript amendment inserting a new section 45Y to retrict an interest in securities in mixed-ownership model companies to persons who are tax resident in New Zealand—Supplementary Order Paper 52 is withdrawn and that replaces it. 
The question was put that the following amendment in the name of the Hon Phil Goff to clause 16 be agreed to: 
New Zealand ownership 
45YNew Zealand ownership 
(1)No person (other than the Crown) may have an interest in shares or securities of a mixed ownership model company unless they are tax resident within New Zealand. 
(2)No company trust or other organisation capable of owning property (other than the Crown) may have an interest in shares or securities of a mixed ownership model company unless they are tax resident within New Zealand. 
(3)Any ownership of shares or securities of a mixed ownership model company that does not comply with subsections (1) and (2) is invalid and of no legal effect.
Calder Cam: Mixed Ownership Model Bill — In Committee 
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Calder Cam: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3203. Text is incorporated into the Bound Volume.] 
Dr CAM CALDER (National) 
: 
 I move  
That the question be now put 
.
McClay Todd: Mixed Ownership Model Bill — In Committee 
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McClay Todd: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3204. Text is incorporated into the Bound Volume.] 
TODD McCLAY (National—Rotorua) 
: 
 I move  
That the question be now put 
.
Woodhouse Michael: Mixed Ownership Model Bill — In Committee 
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Woodhouse Michael: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3200. Text is incorporated into the Bound Volume.] 
MICHAEL WOODHOUSE (Senior Whip—National) 
: 
 I move  
That the question be now put 
.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3193. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That Schedule 2 be agreed to.  
Ayes 61 
New Zealand National 59; ACT New Zealand 1; United Future 1. 
Noes 59 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Maori Party 2; Mana 1. 
Schedule 2 agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3190. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 60 in the name of Phil Twyford to insert new clause 16A be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3192. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That Schedule 1 be agreed to. 
Ayes 61 
New Zealand National 59; ACT New Zealand 1; United Future 1. 
Noes 59 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Maori Party 2; Mana 1. 
Schedule 1 agreed to.
Roy Eric: Mixed Ownership Model Bill — In Committee 
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Roy Eric: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3192. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: There is an amendment in the name of Jacinda Ardern to replace “mixed ownership model company” with “privatisation of public property company” set out on Supplementary Order Paper 44. That is out of order as it is inconsistent with an earlier decision of the Committee.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3191. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That Part 2 as amended be agreed to. 
Ayes 61 
New Zealand National 59; ACT New Zealand 1; United Future 1. 
Noes 59 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Maori Party 2; Mana 1. 
Part 2 as amended agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3191. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to.
Roy Eric: Mixed Ownership Model Bill — In Committee 
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Roy Eric: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3190. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: The Hon Phil Goff has an amendment relating to a new section 45Y set out on Supplementary Order Paper 52. That is now withdrawn. 
The question was put that the amendment set out on Supplementary Order Paper 59 in the name of Grant Robertson to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3190. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 49 
New Zealand Labour 34; Green Party 14; Mana 1. 
Noes 71 
New Zealand National 59; New Zealand First 8; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3190. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 69 in the name of Dr Russel Norman to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3189. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 39 in the name of Dr Russel Norman to insert new section 45Y into clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3189. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 51 in the name of Kris Faafoi to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3189. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3189. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 48 in the name of the Hon Clayton Cosgrove to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3187. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 39 in the name of Dr Russel Norman to insert new section 45QA into clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3189. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 49 
New Zealand Labour 34; Green Party 14; Mana 1. 
Noes 71 
New Zealand National 59; New Zealand First 8; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 64 in the name of Chris Hipkins to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3188. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 22 
Green Party 14; New Zealand First 8. 
Noes 97 
New Zealand National 59; New Zealand Labour 34; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 50 in the name of Clare Curran to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3188. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Rt Hon Winston Peters to clause 16 be agreed to: 
in new section 45R after subsection (3) insert: 
(4)Notwithstanding anything in this Act or in any other Act the Ministers who are shareholding Ministers in any mixed ownership model company in which the Crown does not own 100% of the voting shares may at any time acquire additional shares up to 100% of the total voting shares issued by any mixed ownership model company and for this purpose and notwithstanding anything contained in the constitution of the company concerned and notwithstanding anything contained in any shareholder agreement will give notice to any shareholder or shareholders requiring that shareholder or those shareholders to sell or surrender shares specified in the notice to the Crown and requiring the company concerned to register a transfer of the shares specified in the notice to the Crown and on such terms and conditions and at such time or times as the shareholding Ministers shall specify in the notice or notices and for such compensation or payment as shall be specified in the notice or notices provided that the shareholding Ministers will not compensate or pay more to any shareholder from whom shares are acquired under this section than the amount the Crown received for those shares when sold by the Crown to the original purchaser of the shares from the Crown.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3188. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 61 in the name of Dr Megan Woods to clause 16 be agreed to.
Roy Eric: Mixed Ownership Model Bill — In Committee 
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Roy Eric: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3187. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: Dr Russel Norman’s amendment to amend new section 45Q(2) set out on Supplementary Order Paper 71 is ruled out of order as inconsistent with a previous decision of the Committee. 
The question was put that the amendment set out on Supplementary Order Paper 57 in the name of the Hon David Parker to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3187. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 59 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Maori Party 2; Mana 1. 
Noes 61 
New Zealand National 59; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 37 in the name of Dr Russel Norman to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
Text is incorporated into the Bound Volume 
Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3187. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 59 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Maori Party 2; Mana 1. 
Noes 61 
New Zealand National 59; ACT New Zealand 1; United Future 1. 
Amendment not agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
Text is incorporated into the Bound Volume 
Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3187. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1.  
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 55 in the name of the Hon Trevor Mallard to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3186. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendments be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendments not agreed to. 
The question was put that the following amendment in the name of the Rt Hon Winston Peters to clause 16 be agreed to: 
to insert in new section 45P(2) in its appropriate alphabetical order: “ 
person 
 means any New Zealand citizen excluding companies trusts and foreign nationals”.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3186. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendments be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendments not agreed to. 
The question was put that the amendments set out on Supplementary Order Paper 49 in the name of the Hon Clayton Cosgrove to clause 16 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3186. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendments be agreed to. 
Ayes 83 
New Zealand National 59; Green Party 14; New Zealand First 8; ACT New Zealand 1; United Future 1. 
Noes 37 
New Zealand Labour 34; Maori Party 2; Mana 1. 
Amendments agreed to. 
The question was put that the amendments set out on Supplementary Order Paper 44 in the name of Jacinda Ardern to Part 2 be agreed to.
Roy Eric: Mixed Ownership Model Bill — In Committee 
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Roy Eric: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3186. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: The remaining amendments that were tabled at 7.32 p.m. are ruled out of order for the same reasons as last night under Speakers’ rulings 115/4 and 115/5. 
The question was put that the amendments set out on Supplementary Order Paper 42 in the name of the Hon Tony Ryall to Part 2 be agreed to.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3185. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the question be now put. 
Ayes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Noes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Motion agreed to.
Hutchison Paul: Mixed Ownership Model Bill — In Committee 
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Hutchison Paul: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3184. Text is incorporated into the Bound Volume.] 
Dr PAUL HUTCHISON (National—Hunua) 
: 
 I move  
That the question be now put 
.
Roy Eric: Mixed Ownership Model Bill — In Committee 
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Roy Eric: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3185. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: Order! Votes will be taken in silence and that will be upheld. No member will vote under duress in this Chamber and it is difficult enough to hear the votes as they are.
Roy Eric: Mixed Ownership Model Bill — In Committee 
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Roy Eric: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3185. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: Members a number of amendments have been tabled by various members of the Labour Party. The amendments mirror those talked about yesterday. They seek to change words that are similar or change words that are an expression. A great number are vague in that it is very difficult to know where they fit or where they should appear. There is however one exception—and we have diligently looked at all of the amendments—and that is the vote that we are going to put now. It is in the name— 
Hon Clayton Cosgrove 
: I raise a point of order Mr Chairperson. I am not making a reflection on the Chair but you have used rather graphic language—as you have a right to do—to describe those amendments. When those amendments were placed on the Table you were the presiding officer and to the best of my knowledge you have not retired from the Chamber. Given the description that you have used about those amendments I would like to know whether you have looked through all those amendments. Given that you have used those rather colourful phrases—and I would have to question whether some of those might be in order but that is your right—I would like an assurance that you have perused all those amendments because you have not left this Chamber. 
The CHAIRPERSON (Eric Roy) 
: Yes I have. So the question is— 
Hon Clayton Cosgrove 
: I raise a point of order Mr Chairperson. 
The CHAIRPERSON (Eric Roy) 
: The member needs to be very careful about where he proceeds with these points of order. 
Hon Clayton Cosgrove 
: I am entitled to make a point of order. I am not being facetious when I say this. You answered: “Yes I have.” I take it that you mean you have perused them. Because there were two questions. 
The CHAIRPERSON (Eric Roy) 
: Correct. 
The question was put that the following amendment in the name of Clare Curran to clause 13 be agreed to: 
in new section 1A(2)(ea) replace “ownership” with “control”.
Roy Eric: Mixed Ownership Model Bill — In Committee 
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Roy Eric: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3184. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Eric Roy) 
: The question is that the question be now put. Those who are of that opinion— 
Hon Clayton Cosgrove 
: I raise a point of order Mr Chairperson. Before you put the question I would like an assurance from you. You will be aware that we have submitted a large number of amendments. We had some chat about this you will recall last night. I just want an assurance that you have personally perused those and checked them over if we are going to move to a vote. It is a fair question especially if you are going to make any rulings in respect of them. 
The CHAIRPERSON (Eric Roy) 
: Let me firstly make this point. When the Chair makes a call for the Committee to determine whether it wants the question put the Chair has given considerable consideration to all factors and to start challenging the Chair at that point is actually a reflection on the Chair. It is a reflection on the Chair and members ought to do that with some caution. I assure all members that I have given consideration to every possible aspect and that I think is appropriate for at this moment the Committee to determine whether it wants the closure. Accordingly I put— 
Dr Russel Norman 
: I raise a point of order Mr Chairperson. Can you tell us which factors you have taken into account? 
The CHAIRPERSON (Eric Roy) 
: That is entirely out of order. I have said I have taken all factors into consideration. The question is— 
Dr David Clark 
: I raise a point of order Mr Chairperson. I ask this with due respect as a new member who is not sure of the remedies available to me. As somebody who did not have the opportunity in Part 1 of the debate to speak to my Supplementary Order Paper and raise some germane points which I do not believe were raised in the debate as someone who has not had a chance to speak in Part 2 and as somebody who listened to more submissions to the select committee than anyone else what remedy is available to me to be able to speak to this debate? 
The CHAIRPERSON (Eric Roy) 
: The remedy the member has now is to vote against the closure. I have considered as I say all factors. 
A party vote was called for on the question that the question be now put.
Vote: Mixed Ownership Model Bill — In Committee 
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Vote: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3186. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand Labour 34; Green Party 14; New Zealand First 8; Mana 1. 
Noes 63 
New Zealand National 59; Maori Party 2; ACT New Zealand 1; United Future 1. 
Amendment not agreed to.
Goldsmith Paul: Mixed Ownership Model Bill — In Committee 
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Goldsmith Paul: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3182. Text is incorporated into the Bound Volume.] 
PAUL GOLDSMITH (National) 
: 
 I move  
That the question be now put 
.
Upston Louise: Mixed Ownership Model Bill — In Committee 
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Upston Louise: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3179. Text is incorporated into the Bound Volume.] 
LOUISE UPSTON (Junior Whip—National) 
: 
 I move  
That the question be now put 
.
Smith Nick: Mixed Ownership Model Bill — In Committee 
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Smith Nick: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3181. Text is incorporated into the Bound Volume.] 
Hon Dr NICK SMITH (National—Nelson) 
: 
 I move  
That the question be now put 
.
Bennett David: Mixed Ownership Model Bill — In Committee 
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Bennett David: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3175. Text is incorporated into the Bound Volume.] 
DAVID BENNETT (National—Hamilton East) 
: 
 I move  
That the question be now put 
.
Barry Maggie: Mixed Ownership Model Bill — In Committee 
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Barry Maggie: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3172. Text is incorporated into the Bound Volume.] 
MAGGIE BARRY (National—North Shore) 
: 
 I move  
That the question be now put 
.
Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
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Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3161. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (H V Ross Robertson) 
: No no. The member cannot seek leave for someone else.
Cosgrove Clayton: Mixed Ownership Model Bill — In Committee 
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Cosgrove Clayton: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3161. Text is incorporated into the Bound Volume.] 
Hon CLAYTON COSGROVE (Labour) 
: 
 I seek leave that a 30-minute allocation be provided in the next call so that the Hon Peter Dunne who has not spoken in this debate can participate.
Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
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Robertson H V Ross: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3156. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (H V Ross Robertson) 
: I call the honourable member Denise Roche. 
Hon Clayton Cosgrove 
: I raise a point of order Mr Chairperson. I apologise for interrupting the member. The Minister in the chair and you would have heard him in response to me said that he would answer questions once I had sat down— 
The CHAIRPERSON (H V Ross Robertson) 
: No that is not a point of order. The member is a very experienced member. Stop trifling with the Chair. I call the honourable member Denise Roche.
Clendon David: Mixed Ownership Model Bill — In Committee 
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Clendon David: Mixed Ownership Model Bill — In Committee 
[Sitting date: 20 June 2012. Volume:681;Page:3153. Text is incorporated into the Bound Volume.] 
DAVID CLENDON (Green) 
: 
 When the House rose last evening I was asking the Government and indeed the Minister who was in the chair the Minister of Police to explain the intention of this new section 45Q “Treaty of Waitangi (Te Tiriti o Waitangi)” inserted by clause 16. We have just heard interestingly enough from the previous speaker in the previous debate Tony Ryall that this Government prides itself on transparency integrity and other desirable attributes. I ask the Minister for State Owned Enterprises to please explain what the intention is of new section 45Q because it is entirely unclear to me. It proposes that the majority shareholder—the 51 percent owner the Government 51 percent of a mixed-ownership model company—will be bound to not act inconsistently with the principles of the Treaty of Waitangi but for the avoidance of doubt this does not apply to persons other than the Crown. This sounds to me like a nonsense where 51 percent of the time the company will be obliged to act in a way that is consistent with the principles of the Treaty and 49 percent of the time it will not. 
Let us have a little bit of clarity and transparency on this. I would urge the Government to accept Supplementary Order Paper 71 in the name of our co-leader Dr Norman which will make it crystal clear that the new companies the new entities 100 percent of the time will be obliged absolutely to operate in a way that is consistent with the principles of the Treaty. The clause otherwise is a meaningless nonsense. It is a sop to those Maori interests that have objected very strongly to having the Treaty clause that is within the State-Owned Enterprises Act removed from this Mixed Ownership Model Bill. Of course it was not present in the original drafting of the bill. This is a little bit of trying to have a dollar each way to have a clause without really having a clause. I would ask the Minister to either explain to us exactly how this clause will work in practice or simply adopt the Supplementary Order Paper. 
The other point I would like to raise briefly is the question of new section 45S.
Mallard Trevor: General Debate 
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Mallard Trevor: General Debate 
[Sitting date: 20 June 2012. Volume:681;Page:3145. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Speaker. Can I ask therefore that there is some discussion with the Clerk as to putting the ruling you have just given into  
Speakers’ Rulings 
. I think it would be useful because I think it is certainly a change from Assistant Speaker Barker’s ruling.
Smith Lockwood: General Debate 
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Smith Lockwood: General Debate 
[Sitting date: 20 June 2012. Volume:681;Page:3145. Text is incorporated into the Bound Volume.] 
Mr SPEAKER 
: I am very happy to do that if it is of assistance to members. I just note that Standing Order 110(2) currently says that “In determining whether a discussion is out of order the Speaker has regard to the probability of the matter anticipated being brought before the House within a reasonable time.” I have been mindful of that. Had it been perhaps the second reading debate coming up this afternoon I think there might have been more merit in the member’s point of order. But since it is the Committee stage coming up this afternoon I think that for the general principles to be debated in the general debate is not contravening that Standing Order. But I am very happy to follow that up if that is helpful to the House.
Mallard Trevor: General Debate 
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Mallard Trevor: General Debate 
[Sitting date: 20 June 2012. Volume:681;Page:3144. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Speaker. First of all I would like to apologise for interrupting the member the Hon Tim Groser earlier. I should not have done that in a general debate. I would like to now go back to the point of order that I did make then and refer you to Standing Order 110(1) and (2) and to Speaker’s ruling 25/1. All of those are quite clear on the matter of anticipating an order of the day. It does depend on the likelihood of getting to it. It is clear that we are going to get to the Mixed Ownership Model Bill today. The member gave a speech that would have fitted well as a second or third reading speech on that bill. In fact some of the matters would have referred to the Committee stage as well. My submission is that there is no exception either in the Speaker’s ruling or in the Standing Orders for the general debate from that Standing Order.
Woodhouse Michael: General Debate 
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Woodhouse Michael: General Debate 
[Sitting date: 20 June 2012. Volume:681;Page:3145. Text is incorporated into the Bound Volume.] 
MICHAEL WOODHOUSE (Senior Whip—National) 
: 
 The honourable member is quite right and this has been raised in general debate in the recent past but might I point out that in a general debate issues of the partial float of State assets—and I have been listening very carefully on this side—have been one part of a broader discussion about choices involving the raising of taxes borrowing reducing spending and investing in future assets. To rule one part—