Smith Nick: Resource Management and Electricity Legislation Amendment Bill — Second Reading Instruction to Committee In Committee 
Smith Nick: Resource Management and Electricity Legislation Amendment Bill — Second Reading Instruction to Committee In Committee 
[Volume:627;Page:22279] 
Hon Dr NICK SMITH (National—Nelson) 
: 
 I raise a point of order Mr Speaker. It is a very serious point of order about parliamentary process in respect of Supplementary Order Paper 389 which has been tabled by the Government today. It is a 36-page Supplementary Order Paper. I have counted up the number of clauses it changes—it changes 132 clauses of the bill. It is a very significant Supplementary Order Paper. On the back page the Supplementary Order Paper states: “This Supplementary Order Paper refines the drafting of changes made to the Bill …” and includes this sentence: “It also includes drafting to give effect to new policy.” That is all it states—“to give effect to new policy.” If we read the Standing Orders—and I notably want to introduce members’ attention to Standing Order 256—we see that an explanatory note must state the policy that the bill seeks to achieve. Well for the explanatory note simply to state that the Supplementary Order Paper is to give effect to new policy— 
Jill Pettis 
: Is this a speech? 
Hon Dr NICK SMITH 
: No it is a very important point of order. I know that Jill Pettis— 
Simon Power 
: Point of order— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I know what the member is going to say. I am well aware and so are members that there are to be no interjections at all during a point of order. The member will stand and apologise. 
Jill Pettis 
: I apologise. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Thank you. 
Hon Dr NICK SMITH 
: I can understand why the Government is not interested in democracy. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Come to the point of order please Dr Smith. 
Hon Dr NICK SMITH 
: My point of order is that all the explanatory note states about the 36 pages of changes to this bill is: “It also includes drafting to give effect to new policy.” That cannot in any way be deemed to comply with the requirement that an explanatory note state the policy it seeks to achieve. The reason why this is such a serious matter Mr Assistant Speaker and why I ask you to give a considered ruling—and I am drawing it to your attention at the earliest possible moment—is that this Supplementary Order Paper was tabled only today. It is intended to be the law of the land by tonight. For MPs to be able to debate it intelligently when there have been policy changes—and quite clearly there have because the Supplementary Order Paper states that it will give effect to new policy—there must actually be in the explanatory note as is a requirement of the Standing Orders something about what that new policy is. I ask you Mr Assistant Speaker to make a ruling that this explanatory note does not comply with the Standing Orders and to urgently seek the Government and the Minister to provide an explanatory note that does comply with the rules of this House and treats democracy with a bit of respect. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Thank you very much for your deliberation and consideration Dr Smith. Standing Order 256 relates to the explanatory note of a bill. It does not apply to a Supplementary Order Paper which does not have to have an explanatory note at all. There is nothing to prevent a Supplementary Order Paper from being circulated during the second reading debate. 
Hon Dr NICK SMITH (National—Nelson) 
: 
 I raise a point of order Mr Speaker. Yes I do note that Standing Order 256 relates to the explanatory note of a bill. But are you giving a ruling that an explanatory note of a Supplementary Order Paper does not have to comply with that Standing Order? Quite clearly a Supplementary Order Paper is about a change to a bill—it introduces new policy. This Supplementary Order Paper is quite direct in saying that there is new policy; it just does not tell us what it is. Are you really giving a ruling that an explanatory note on a Supplementary Order Paper does not have to comply with the requirement in Standing Order 256 with regard to explanatory notes? This is a change to a bill. I do not expect you to make a ruling straight away. It is a very important point. If we are going to have an explanatory note that simply states: “This Supplementary Order Paper refines the drafting of changes made to the Bill by the select committee. It also includes drafting to give effect to new policy.” and if that is going to be accepted by this Parliament as an explanatory note then the whole purpose of having explanatory notes is thrown to the wall. That explanatory note could be used in every single bill or Supplementary Order Paper introduced by a Government without giving anybody any idea of what the Government intends by the policy.