edithatogo/nz-hansard-corpus huggingface dataset:
Business of the House 
Business of the House 
[Volume:614;Page:10722] 
Business of the House 
DAIL JONES (Junior Whip—NZ First) 
: 
 I seek leave that the proceedings of the House be suspended before item No. 5 on today’s Order Paper—should that item on the Order Paper be reached tonight—and that the House be resumed at 2 p.m. on Wednesday when it may debate the Government’s announcement tomorrow on the foreshore and seabed issue. In effect that would be a 2-hour timed debate as required. 
Mr SPEAKER 
: Leave is sought for that. Is there any objection? There is objection.
Vote: Prostitution Reform Bill — In Committee 
Vote: Prostitution Reform Bill — In Committee 
[Volume:609;Page:6180] 
A personal vote was called for on the question  
That the amendments be agreed to. 
Ayes 33 
Adams 
Duynhoven 
Ogilvy 
Smith L 
Ardern (P) 
Eckhoff (P) 
Parker (P) 
Smith N 
Awatere Huata 
Field 
Peck (P) 
Sutton (P) 
Baldock 
Franks 
Prebble (P) 
Te Heuheu 
Brash (P) 
Gallagher 
Robertson 
Turner 
Carter D (P) 
Kelly (P) 
Roy 
Coddington (P) 
Mackey (P) 
Samuels (P) 
Copeland 
Mapp 
Shirley 
Teller: 
Dunne (P) 
Newman (P) 
Simich 
Smith M 
Noes 82 
Alexander (P) 
Duncan (P) 
Kedgley (P) 
Robson (P) 
Anderton (P)  
Dyson (P) 
Kelly (P) 
Ryall 
Barker (P) 
Ewen-Street (P) 
Key (P) 
Scott 
Barnett 
Fairbrother (P) 
King 
Sowry 
Beyer 
Field (P)  
Laban (P) 
Stewart 
Bradford 
Fitzsimons (P) 
Locke (P) 
Tamihere (P) 
Brown  
Goff 
Maharey (P) 
Tanczos 
Brownlee 
Gosche (P) 
Mahuta 
Tisch (P) 
Burton (P) 
Goudie 
Mallard (P) 
Tizard (P) 
Carter C (P) 
Gudgeon (P) 
Mark (P) 
Turei (P) 
Catchpole 
Hartley 
McNair (P) 
Turia (P) 
Chadwick 
Hawkins (P) 
O’Connor (P) 
Ward (P) 
Choudhary (P) 
Heatley  
Okeroa 
Williamson (P) 
Clark (P) 
Hereora 
Paraone (P)  
Wilson (P) 
Collins  
Hide 
Perry (P) 
Wong (P) 
Cosgrove (P) 
Hobbs (P) 
Peters J (P) 
Woolerton (P) 
Cullen (P) 
Hodgson (P) 
Peters W (P)  
Worth (P) 
Cunliffe (P) 
Horomia (P) 
Pillay (P) 
Yates 
Dalziel (P) 
Hunt (P) 
Power (P) 
Donald (P) 
Hutchison 
Rich 
Teller: 
Donnelly 
Jones (P) 
Ririnui 
Pettis 
Amendments not agreed to. 
The CHAIRPERSON (H V Ross Robertson) 
: The next amendment in the name of Dianne Yates is set out on Supplementary Order paper 56 and is in two parts. We are considering only the first part that omits clause 5 clarifying the status of a contract. 
The question was put that the amendment set out on Supplementary Order Paper 56 in the name of Dianne Yates to omit clause 5 be agreed to.
Vote: Third Readings 
Text is incorporated into the Bound Volume 
Vote: Third Readings 
[Sitting date: 14 December 2004. Volume:622;Page:17792. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the Maori Commercial Aquaculture Claims Settlement Bill be now read a third time. 
Ayes 83 
New Zealand Labour 51; New Zealand First 13; Green Party 9; United Future 8; Progressive 2. 
Noes 36 
New Zealand National 27; ACT New Zealand 8; Maori Party 1. 
Bill read a third time.
Carter John: Customs and Excise (Alcoholic Beverages) Amendment Bill — First Reading Second Reading Instruction to CommitteeCWH In Committee Third Reading 
Carter John: Customs and Excise (Alcoholic Beverages) Amendment Bill — First Reading Second Reading Instruction to CommitteeCWH In Committee Third Reading 
[Volume:608;Page:5403] 
JOHN CARTER (Senior Whip—NZ National) 
: 
 I raise a point of order Madam Chairperson. I am becoming more and more concerned that as we go through issues in the Committee and particularly when there are matters of procedure such as that point of order that Mr Sowry was just dealing with we are hearing interjections from the Government whips’ bench and in this case from Jill Pettis. The fact is that the whips in this House have a responsibility to set standards. I am afraid that as a long-serving whip in this Parliament I feel I am being let down by interjections from somebody who should know the Standing Orders and should know not to interject. I ask that you admonish Jill Pettis for that interjection. It was inappropriate it happens too often from the whips on the Government side of the Chamber and it is starting to worry me because it does not set the standards that this Parliament should expect from whips. 
The CHAIRPERSON (Ann Hartley) 
: Yes. The member has made a fair point. There should be no discussion during points of order; there should be silence during them. Thank you. All those in favour please say “Aye”—
Paraone Pita: Ngati Awa Claims Settlement Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Paraone Pita: Ngati Awa Claims Settlement Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:623;Page:18733] 
PITA PARAONE (NZ First) 
: 
 I raise a point of order Mr Chairperson. I think that the point of order raised by Mr Franks was a valid one in terms of talking about Te Runanga o Ngati Awa as opposed to Ngati Awa. Maori members of the Committee will know that when we talk about te runanga we are talking about a governance body whereas in the translation where the term “te runanga” has been omitted we are talking about the whole tribe. The point Mr Franks raised is I believe a valid one. 
This is one of the first bills during my time here for which the Maori interpretation has been provided and I am saddened that there is a fear—particularly for me as a Maori member—that in future our opportunity to promote our language may be lost because unfortunately on a technicality people are unable to understand clearly the translation or the interpretation; whatever word members want to use.
Hunt Jonathan: Civil Union Bill — Procedure Third Reading 
Hunt Jonathan: Civil Union Bill — Procedure Third Reading 
[Volume:622;Page:17639] 
Mr SPEAKER 
: I do not. I applied the rule at the second reading of the bill and every single member of Parliament agreed with me—every single member who was present. 
Rt Hon Winston Peters 
: I don’t. 
Mr SPEAKER 
: Well the member is wrong on this occasion. If he has a different point of view he can raise it with the Standing Orders Committee. I am the Speaker and I am applying the rule.
Gosche Mark: Social Security (Long-term Residential Care) Amendment Bill — In Committee 
Gosche Mark: Social Security (Long-term Residential Care) Amendment Bill — In Committee 
[Volume:622;Page:17353] 
Hon MARK GOSCHE (Labour—Maungakiekie) 
: 
 I move  
That the question be now put 
.
Hunt Jonathan: Visitors — Norway—Minister of Education and Research 
Hunt Jonathan: Visitors — Norway—Minister of Education and Research 
[Volume:620;Page:16163] 
Mr SPEAKER 
: I have much pleasure in informing members that Her Excellency Ms Kristin Clemet Minister of Education and Research Norway is within the precincts of this Chamber. I am sure that members would wish that she be welcomed and accorded a seat on the left of the Chair. 
Her Excellency Ms Kristin Clemet accompanied by the Hon Trevor Mallard entered the Chamber and took a seat on the left of the Chair.
Business Statement 
Business Statement 
[Volume:623;Page:18313] 
Thursday 3 February 2005 
Mr Speaker 
 took the Chair at 2 p.m. 
Prayers 
. 
Business Statement 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 Next week in the House following the completion of the Prime Minister’s statement debate priority will be given to the Customs and Excise (Motor Spirits) Amendment Bill the Films Videos and Publications Classification Amendment Bill the Lawyers and Conveyancers Bill and the first readings of the Ngaa Rauru Kiitahi Claims Settlement Bill the Terrorism Suppression Amendment Bill (No 2) and the Veterinarians Bill. Wednesday is a members’ day. 
GERRY BROWNLEE (Deputy Leader—National) 
: 
 I have two questions for the Leader of the House. I notice that a number of the bills being advanced under some priority next week and likely to be concluded a short time after that featured heavily in the Prime Minister’s statement. What does he expect the House to be doing for much of the rest of the year? Secondly will the action being brought against the Government by Unitec see the legislative track for the Education (Trustee Ineligibility) Amendment Bill which is known as the “Unitec bill” altered in any way at all? 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 Speaking on the latter issue I have not given any thought to that matter so I cannot respond to the member. On the former I am pleased to have the indication from the member that there will not be undue delay on the Lawyers and Conveyancers Bill passing through its Committee stage. That is always helpful. There are also on the Order Paper the Architects Bill the Courts and Criminal Matters Bill the Residential Tenancies Amendment Bill the Railways Bill the Statutes Amendment Bill (No 4) the Animal Products (Dairy Products and Other Matters) Bill the Crimes Amendment Bill (No 2) the New Zealand Superannuation Amendment Bill the Children Young Persons and Their Families Amendment Bill (No 4) the Appropriation (2003/04 Financial Review) Bill the Ngati Awa Claims Settlement Bill the Terrorism Suppression Amendment Bill (No 2) the Charities Bill and the Independent Police Complaints Authority Amendment Bill. A number of bills that are in front of select committees are coming back to the House. There is of course the Budget to come at some time in the future. I think there will be quite a bit to be done between now and the election but if the Opposition parties wish to accelerate progress so that they have more free time for campaigning I am sure I will be happy to cooperate in that respect.
Peck Mark: Taxation (Annual Rates GST Trans-Tasman Imputation and Miscellaneous Provisions) Bill — Instruction to CommitteeCWH In Committee 
Peck Mark: Taxation (Annual Rates GST Trans-Tasman Imputation and Miscellaneous Provisions) Bill — Instruction to CommitteeCWH In Committee 
[Volume:613;Page:10099] 
MARK PECK (Labour—Invercargill) 
: 
 What an extraordinary speech from a man who was a Minister in a Government that cut benefits increased State house rentals presided over exactly that particular marginal tax rate and did nothing about it! When those members get into Opposition they become the job delegates for the low paid. I tell them that I saw that back in the 1980s up to 1990 before they were re-elected. However I have to say that they are hardly likely to get re-elected at the moment with the sort of shambles that they are in. I saw that then and I recognise it for what it was. It is so much cant. The only people who would be better off under a National Government and its tax policy would be the people on $70000-plus. If members know anything that is the only place they are polling any better and who are they getting the votes from? Rodney Hide! 
I tell the Committee that nobody is fooled by the protestations of the National Party—not a person. They know that Dr Brash will take something. He will take their holidays. That is what he will do. Dr Brash will take their pension. This is what he will do. Dr Brash will take their schools and hospitals. He will make them pay for them. Even worse than that Dr Brash will make sure that prisoners have to pay to go to jail. There will be private jails and prisoners will have to pay for the pleasure of going there. That is what they will do. That particular party should grow up and start to learn about economics.
English Bill: Urgent Debates Declined — Influenza—Vaccination Programme 
English Bill: Urgent Debates Declined — Influenza—Vaccination Programme 
[Volume:624;Page:19166] 
Hon BILL ENGLISH (National—Clutha-Southland) 
: 
 I raise a point of order Madam Speaker. I accept your ruling and have no quarrel with it but I wonder whether you could give us further clarification perhaps at another time. One of the criteria you mentioned for turning down the debate was that the Government had made decisions about this matter. That would be a new criterion that I do not recall having been used to turn down a snap debate before. The snap debate works according to Parliament’s timetable not the Government’s. The Opposition did not have the opportunity to lodge a letter between Friday and now. The use of that criterion would suggest that as long as the Government makes some decisions before Parliament sits again then the Speaker may be able to use that as a reason to turn down the debate. I would be interested in your clarification as to whether the fact that the Government has made some decisions will now become one of the criteria that a letter has to meet or whether the main reason for turning this debate down is that you believe there are other opportunities to debate the issue.
Carter Chris: Taxation (Annual Rates Venture Capital and Miscellaneous Provisions) Bill — In Committee 
Carter Chris: Taxation (Annual Rates Venture Capital and Miscellaneous Provisions) Bill — In Committee 
[Volume:621;Page:16582] 
Hon CHRIS CARTER (Minister of Conservation) 
: 
 I move  
That the question be now put 
.
Vote: Health Practitioners Competence Assurance Bill — In Committee 
Vote: Health Practitioners Competence Assurance Bill — In Committee 
[Volume:611;Page:8099] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 57 
New Zealand National 27; New Zealand First 13; ACT New Zealand 8; Green Party 9. 
Noes 60 
Labour 52; United Future 8. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 103 in the name of Dr Lynda Scott to omit clause 52A be agreed to.
Barnett Tim: Fair Trading Amendment Bill (No 3) — In Committee 
Barnett Tim: Fair Trading Amendment Bill (No 3) — In Committee 
[Volume:609;Page:6858] 
TIM BARNETT (NZ Labour—Christchurch Central) 
: I move  
That the question be now put 
.
Hunt Jonathan: Urgent Debates Declined — Deed of Settlement—Ngati Awa Defence Cooperation 
Hunt Jonathan: Urgent Debates Declined — Deed of Settlement—Ngati Awa Defence Cooperation 
[Volume:607;Page:4421] 
Mr SPEAKER 
: I have also received a letter from the Hon Ken Shirley seeking to debate Government decisions to promote defence cooperation. This is a particular case of recent occurrence involving ministerial responsibility but it does not seem to me that the decisions result in a major change in defence policy. Rather they are aimed at delivering existing policies more effectively. In these circumstances I do not consider that this requires the immediate attention of the House.
Benson-Pope David: Electricity and Gas Industries Bill — In Committee 
Benson-Pope David: Electricity and Gas Industries Bill — In Committee 
[Volume:620;Page:15732] 
Hon DAVID BENSON-POPE (Minister of Fisheries) 
: 
 I move  
That the question be now put 
.
Vote: Income Tax Bill — Second Reading 
Vote: Income Tax Bill — Second Reading 
[Volume:616;Page:11802] 
A party vote was called for on the question  
That the Income Tax Bill be now read a second time. 
Ayes 111 
New Zealand Labour 52; New Zealand National 27; New Zealand First 13; Green Party 9; United Future 8; Progressive 2. 
Noes 9 
ACT New Zealand 8; Independent: Awatere Huata. 
Bill read a second time.
Vote: Ngaa Rauru Kiitahi Claims Settlement Bill — First Reading 
Vote: Ngaa Rauru Kiitahi Claims Settlement Bill — First Reading 
[Volume:623;Page:18406] 
A party vote was called for on the question  
That the Ngaa Rauru Kiitahi Claims Settlement Bill be now read a first time.  
Ayes 111 
New Zealand Labour 51; New Zealand National 27; New Zealand First 13; Green Party 9; United Future 8; Progressive 2; Maori Party 1. 
Noes 6 
ACT New Zealand 6. 
Bill read a first time.
Hughes Darren: Questions for Oral Answer — Questions to Ministers 
Hughes Darren: Questions for Oral Answer — Questions to Ministers 
[Volume:617;Page:12919] 
7.  
DARREN HUGHES (Labour—Otaki) 
 to the  
Associate Minister for Arts Culture and Heritage 
: What is the Government doing to promote New Zealand music? 
Hon JUDITH TIZARD (Associate Minister for Arts Culture and Heritage) 
: 
 This Government believes that a strong music industry is good for New Zealand and the New Zealand economy. In 2000 this Government established the New Zealand Music Industry Commission to facilitate the growth of New Zealand music. Last month this Government passed the New Zealand Symphony Orchestra Act whose purpose is among other things to promote and encourage New Zealand music composition and composers and to provide opportunities for performance for New Zealand musicians. This month is New Zealand Music Month when the Music Industry Commission is working with all music sectors with organisations broadcasters and retailers to showcase a great range of live and recorded New Zealand music. 
Darren Hughes 
: How has New Zealand music airplay changed since the 1990s? 
Hon JUDITH TIZARD 
: Sadly under the last Government the creative sector was badly neglected and major arts organisations were financially crippled. In the early 1990s commercial radio in New Zealand was playing less than 2 percent of New Zealand music. Under this Government there is now 10 times more New Zealand music on commercial radio—over 20 percent—which means more New Zealand music is being enjoyed more income for New Zealand musicians and business and more music exports. 
Heather Roy 
: In respect of promoting New Zealand music will taxpayers be getting any return on the $450000 poured into  
NZ Idol 
 so that more New Zealand music can be promoted; if not why not? 
Hon JUDITH TIZARD 
: When musicians earn income they pay tax too. When New Zealanders buy music they pay GST. Of course there is a massive return but the point about the creative sector is that the return is not financial alone. It is also about New Zealand identity and New Zealanders’ well-being. 
Rodney Hide 
: I raise a point of order Mr Speaker. It is very pleasing to hear that artists pay tax too but the specific question was in respect of the $450000 that New Zealand On Air paid for  
NZ Idol 
 and whether there would be a return on it given its commercial success. The Minister gave members a lovely rendition of the tax status of artists in New Zealand— 
Hon Paul Swain 
: It’s a great song that. 
Mr SPEAKER 
: That is the only warning today. 
Rodney Hide 
: She gave members a lovely rendition of the tax status of artists but never once addressed the specific question. 
Mr SPEAKER 
: Well I thought the Minister did address the question.
Chadwick Steve: Injury Prevention Rehabilitation and Compensation Amendment Bill (No 3) — First Reading 
Chadwick Steve: Injury Prevention Rehabilitation and Compensation Amendment Bill (No 3) — First Reading 
[Volume:619;Page:14707] 
STEVE CHADWICK (Labour—Rotorua) 
: 
 I take a short call to say that I am delighted the bill will be referred to the Health Committee which is a very able committee due to its membership across the parties and which will be able to consider this bill thoroughly. The one aspect of the bill that I think is very exciting is the removal of the “fault” or “rare and severe” test that is currently required by the Accident Compensation Corporation. It has been a stumbling block and has meant that patients have not been able to get their full entitlement for compensation quickly because the high threshold for rare and severe conditions has had to have been tested out. There are many other aspects of this bill that are very very positive. It is the third accident compensation bill of this Government and I look forward to considering it in the Health Committee.
Hughes Darren: New Organisms and Other Matters Bill — In Committee 
Hughes Darren: New Organisms and Other Matters Bill — In Committee 
[Volume:611;Page:8857] 
DARREN HUGHES (NZ Labour—Otaki) 
: 
 I move  
That the question be now put 
. 
A party vote was called for on the question  
That the question be now put 
.
Vote: Electoral (Vacancies) Amendment Bill — First Reading Second Reading Instruction to CommitteeCWH In Committee Third Reading 
Vote: Electoral (Vacancies) Amendment Bill — First Reading Second Reading Instruction to CommitteeCWH In Committee Third Reading 
[Volume:610;Page:7799] 
A party vote was called for on the question  
That the question be now put. 
Ayes 69 
Labour 50; Green Party 9; United Future 8; Progressive 2. 
Noes 48 
New Zealand National 27; New Zealand First 13; ACT New Zealand 8. 
Abstentions 1 
Hunt. 
Motion agreed to. 
The question was put that the following amendment in the name of Dail Jones to clause 4 be agreed to: 
to omit the words “Section 55(1)(b) and (c) of the principal Act do not apply to any member of Parliament” and substitute the words “This House acknowledges that Harry Duynhoven MP did or concurred in an act whereby he became a subject or citizen of a foreign State or power or became entitled to the rights privileges or immunities of a subject or citizen of any foreign State or power”.
Vote: New Zealand Trade and Enterprise Bill — Instruction to CommitteeCWH In Committee 
Vote: New Zealand Trade and Enterprise Bill — Instruction to CommitteeCWH In Committee 
[Volume:609;Page:6305] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 48 
New Zealand National 27; New Zealand First 13; ACT New Zealand 8. 
Noes 71 
Labour 52; Green Party 9; United Future 8; Progressive 2. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Hon Tony Ryall to clause 12 be agreed to: 
to add to subclause (2) the following paragraph: 
(c)must be tabled in the House of Representatives within 7 days.
Vote: Diplomatic Privileges and Immunities Amendment Bill — Third Reading 
Vote: Diplomatic Privileges and Immunities Amendment Bill — Third Reading 
[Volume:615;Page:11352] 
A party vote was called for on the question  
That the Diplomatic Privileges and Immunities Amendment Bill be now read a third time. 
Ayes 109 
New Zealand Labour 52; New Zealand National 26; New Zealand First 13; Green Party 8; United Future 8; Progressive 2. 
Noes 9 
ACT New Zealand 8; Independent: Awatere Huata. 
Bill read a third time.
Gudgeon Bill: Third Readings 
Gudgeon Bill: Third Readings 
[Volume:607;Page:4833] 
BILL GUDGEON (NZ First) 
: 
 New Zealand First’s views on supporting this bill and the amendments that have been accepted have been expressed in the discussions that have taken place in the House today. New Zealand First recommends that the bill move ahead from where we are today and make further progress so that tribunal activities in the future can be streamlined further.
Simich Clem: Ngati Awa Claims Settlement Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Simich Clem: Ngati Awa Claims Settlement Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:623;Page:18734] 
The CHAIRPERSON (Hon Clem Simich) 
: That is all the member was asking. I did not ask members to accept the Minister’s ruling. It was another member who asked for anyone to assist with the matter. That is why the Minister was asked. I am not asking members to accept Mr Tamihere’s translation of the text. It is all pretty obvious because it is there in the English text which has been gone through by a translator who has a Maori translator’s licence. 
Stephen Franks 
: There is no “runanga”. 
The CHAIRPERSON (Hon Clem Simich) 
: Hang on. 
Stephen Franks 
: That is in the Minister’s statement not in our man’s statement. 
The CHAIRPERSON (Hon Clem Simich) 
: The member’s question is about why we have an interpreter. It is a good question. The Speaker explained the role of the interpreter and the choice that the Chairperson has. I cannot tell members any more than that. I guess that we have an interpreter in order to enable members to gain a reasonable understanding of what was said in the debate. We do that and we will continue to do it.
Shirley Ken: Maori Television Service Bill — Instruction to Committee In Committee Speaker Recalled 
Shirley Ken: Maori Television Service Bill — Instruction to Committee In Committee Speaker Recalled 
[Volume:607;Page:5006] 
Hon KEN SHIRLEY (Deputy Leader—ACT NZ) 
: 
 We are in quite an extraordinary situation here Madam Deputy Speaker. We are in a situation—and my comment is not intended as a reflection on yourself—whereby you were serving members as our Chairperson in Committee when this incident arose. As matters have developed I have found it necessary at the recommencement after the dinner break to come down to the Chamber to raise the very serious point of the ejection of an ACT member Mr Rodney Hide. I have found it necessary to recall the Speaker and now of course I find that the same person who was acting as the Chairperson in the Committee has returned as the Speaker. I stress that I am not casting a reflection on you. I am just making the observation that that is the situation we are in. I concede that I was not present in the Chamber—I am sorry do we have a constitutional matter Madam Deputy Speaker? 
Hon Mark Burton 
: It might pay just to wait a moment. 
Madam DEPUTY SPEAKER 
: Mr Simich is available. 
Hon KEN SHIRLEY 
: In the sense of natural justice I think it would be helpful if Mr Simich took the Chair. 
Madam DEPUTY SPEAKER 
: OK. Mr Simich will take the Chair. 
The CHAIRPERSON (H V Ross Robertson) 
: Mr Assistant Speaker prior to the dinner break during the debate on the Maori Television Service Bill the Chair excluded from the Chamber the honourable member Rodney Hide. When the Committee resumed at 7.30 p.m. a number of points of order were raised requesting that the honourable member return. One of the issues of concern was the interpretation of the Hon Georgina te Heuheu’s amendment. That matter has been taken care of and the translation of the amendment is now on the Table for members to see. In relation to Mr Hide’s exclusion from the Chamber he was excluded until the House rises tonight. I chose to support the recommendation of the previous Chairperson. The decision had been made and I upheld the decision of the Chairperson. That has not been acceptable to some members and as a result at the request of the Hon Ken Shirley you have been recalled.
Vote: Aquaculture Reform Bill — In Committee 
Text is incorporated into the Bound Volume 
Vote: Aquaculture Reform Bill — In Committee 
[Sitting date: 14 December 2004. Volume:622;Page:17768. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 36 
New Zealand National 27; ACT New Zealand 9. 
Noes 83 
New Zealand Labour 51; New Zealand First 13; Green Party 9; United Future 8; Progressive 2. 
Amendment not agreed to. 
The question was put that the amendments set out on Supplementary Order Papers 321 and 319 in the name of the Hon David Benson-Pope to Part 7 be agreed to.
Newman Muriel: Social Security (Long-term Residential Care) Amendment Bill — In Committee 
Newman Muriel: Social Security (Long-term Residential Care) Amendment Bill — In Committee 
[Volume:622;Page:17352] 
Dr MURIEL NEWMAN (Deputy Leader—ACT) 
: 
 I raise a point of order Madam Chairperson. With respect to the previous speaker the Chairman did take the unusual call of explaining to the Committee that he had accepted a closure after one closure motion having been moved by the Government because he felt that the Chair would then allow a far wider debate on Part 2. If Mr Hughes is trying to pretend that the Chairman did not give us that assurance then he is misrepresenting what happened last night. 
The CHAIRPERSON (Ann Hartley) 
: It is at the discretion of the Chair whether to accept a closure motion. That is the end of the matter.
Vote: Health Practitioners Competence Assurance Bill — In Committee 
Vote: Health Practitioners Competence Assurance Bill — In Committee 
[Volume:611;Page:8098] 
A party vote was called for on the question  
That the question be now put. 
Ayes 69 
Labour 52; Green Party 9; United Future 8. 
Noes 48 
New Zealand National 27; New Zealand First 13; ACT New Zealand 8. 
Motion agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 114 in the name of Sue Kedgley to insert new subclause (2A) in clause 44 be agreed to.
Vote: Television New Zealand Bill — Instruction to Committee In Committee 
Vote: Television New Zealand Bill — Instruction to Committee In Committee 
[Volume:606;Page:3741] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 68 
Labour 52; Green Party 8; United Future 8. 
Noes 47 
New Zealand National 27; New Zealand First 13; ACT New Zealand 7. 
Amendment agreed to. 
The question was put that the following amendment in the name of the Hon Tony Ryall to the amendment to clause 3 set out on Supplementary Order Paper 57 in the name of the Hon Steve Maharey be agreed to: 
to amend this clause by adding the following paragraph: 
(d)provide for greater ministerial interference in programming decisions.
Hereora Dave: Border Security Bill — In Committee 
Hereora Dave: Border Security Bill — In Committee 
[Volume:617;Page:13296] 
DAVE HEREORA (Labour) 
: 
 I move  
That the question be now put 
.
Power Simon: Aquaculture Reform Bill — Second Reading Instructions to Committee In Committee 
Power Simon: Aquaculture Reform Bill — Second Reading Instructions to Committee In Committee 
[Volume:622;Page:17730] 
SIMON POWER (Senior Whip—National) 
: 
 I raise a point of order Mr Chairperson. I notice that the size of Parts 3 and 4 is shall we say a bit on the tight side—that is one way to describe it. I wonder whether it would assist the Chair and perhaps the Government whips if we were able to minimise the number of calls on these two parts for obvious reasons—largely that we are dealing with only five clauses between the two parts. I note that Part 5 which deals with Maori commercial aquaculture claims settlement is a substantial part of the legislation. Although this is probably technically out of order just to assist you Mr Chairperson I advise that the Opposition will take a minimal number of calls on Parts 3 and 4 but I seek your indulgence in going through Part 5 as a substantial part of the bill.
Donnelly Brian: Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill — First Reading 
Donnelly Brian: Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill — First Reading 
[Volume:627;Page:22101] 
Hon BRIAN DONNELLY (NZ First) 
: 
 I seek the leave of the House for New Zealand First to table the names of the two members who have voted in favour of the bill. 
The ASSISTANT SPEAKER (Hon Clem Simich) 
: I guess you wish to have them recorded as well? 
Hon BRIAN DONNELLY 
: Yes. 
Document not tabled.
Sittings of the House 
Sittings of the House 
[Volume:622;Page:17419] 
Sittings of the House 
DARREN HUGHES (Junior Whip—Labour) 
: 
 In light of the progress the House has made during the week and recognising the fact that today is our Speaker’s 66th birthday it might be appropriate for the House to rise 6½ minutes early. I seek leave for you Madam Deputy Speaker to leave the Chair. 
Madam DEPUTY SPEAKER 
: Leave is sought for that purpose. Is there any objection? There is not.
Carter John: Smoke-free Environments Amendment Bill — Procedure Referral to Health Committee In Committee Speaker Recalled In Committee Speaker Recalled  Speaker Recalled In Committee Procedure 
Carter John: Smoke-free Environments Amendment Bill — Procedure Referral to Health Committee In Committee Speaker Recalled In Committee Speaker Recalled  Speaker Recalled In Committee Procedure 
[Volume:613;Page:10001] 
JOHN CARTER (Senior Whip—National) 
: 
 I raise a point of order Mr Chairperson. We now have ourselves in quite a serious difficulty. Normally the Committee would shut down at 5 to 10; the Committee would close the Speaker would be called back and you would report progress. However there is a Standing Order that states that when the Committee has commenced voting it must conclude the voting before it rises and before you can report progress. What has happened in this case however is that you have accepted the closure motion but we have not started voting. I say to you that therefore we are not in the voting procedure. We do have a question before the Committee but voting has not yet started. It has not been voted on. The voting procedure has not started. None of the amendments or the parts have been voted on. We are merely in a part that asks whether the closure should take place. You have not yet decided that we should now vote on Part 3 because the Committee has not even made a decision as to whether it accepts the closure. Therefore we have actually gone past the appropriate time for you to lift the House. It seems to me that procedurally you should now tell the Committee that the House is now adjourned and you should report progress to the Speaker. 
The CHAIRPERSON (H V Ross Robertson) 
: It is my recollection that I called that the question be now put I said: “All those in favour say ‘Aye’.” and the Government side said “Aye” then I said: “All those against say ‘No’.” and those on the other side said “No”. Just as that was done Mr Peter Dunne took a point of order. So I actually did put the question.
Business Statement 
Business Statement 
[Volume:620;Page:15527] 
Thursday 9 September 2004 
Mr Speaker 
 took the Chair at 2 p.m. 
Prayers. 
Business Statement 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 Next week in the House priority will be given to the completion of the remaining stages of the Maori Fisheries Bill and the Electricity and Gas Industries Bill. The Government will also be seeking to make progress on a number of first readings.
Vote: Electoral (Vacancies) Amendment Bill — First Reading Second Reading Instruction to CommitteeCWH In Committee Third Reading 
Vote: Electoral (Vacancies) Amendment Bill — First Reading Second Reading Instruction to CommitteeCWH In Committee Third Reading 
[Volume:610;Page:7803] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 48 
New Zealand National 27; New Zealand First 13; ACT New Zealand 8. 
Noes 69 
Labour 50; Green Party 9; United Future 8; Progressive 2. 
Abstentions 1 
Hunt. 
Amendment not agreed to. 
The question was put that the following amendment in the name of the Rt Hon Winston Peters to clause 4 be agreed to: 
to add the words “except New Zealand First”.
Carter Chris: Fisheries Amendment Bill (No 4) — In Committee 
Carter Chris: Fisheries Amendment Bill (No 4) — In Committee 
[Volume:619;Page:14575] 
Hon CHRIS CARTER (Minister of Conservation) 
: 
 I move  
That the question be now put 
.
Retirements — Hugh Douglas Turnbull 
Retirements — Hugh Douglas Turnbull 
[Volume:606;Page:3339] 
Retirements 
Hugh Douglas Turnbull 
Hon MARGARET WILSON (Attorney-General) 
: 
 I move  
That the House record its appreciation for the long and devoted service of Hugh Douglas Turnbull who retires today as Assistant Compiler of Statutes at the age of 89 
. I note that Mr Turnbull has worked in the Parliamentary Counsel Office on the reprinting of New Zealand legislation since 1947. He was appointed Assistant Compiler of Statutes in 1950 and in 1979 the first volume of the current reprint in the series of New Zealand Statutes was published. Mr Turnbull has been the principal compiler of that series to the present day. I think it is therefore appropriate that we express our appreciation for over half a century of work devoted to producing up to date New Zealand legislation.
Vote: Counter-Terrorism Bill — Instruction to CommitteeCWH In Committee 
Vote: Counter-Terrorism Bill — Instruction to CommitteeCWH In Committee 
[Volume:612;Page:9357] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 17 
ACT New Zealand 8; Green Party 9. 
Noes 100 
New Zealand Labour 52; New Zealand National 27; New Zealand First 13; United Future 8. 
Motion not agreed to. 
The question was put that the following amendment in the name of Keith Locke to clause 7 be agreed to:  
to amend new section 307A(2) of the principal Act by omitting the words “ by itself”.
Vote: Foreshore and Seabed Bill — In Committee Speaker Recalled In Committee 
Vote: Foreshore and Seabed Bill — In Committee Speaker Recalled In Committee 
[Volume:621;Page:17105] 
A party vote was called for on the question  
That the amendment to the amendment be agreed to. 
Ayes 11 
Green Party 9; Maori Party 1; Independent: Awatere Huata. 
Noes 109 
New Zealand Labour 51; New Zealand National 27; New Zealand First 13; ACT New Zealand 8; United Future 8; Progressive 2. 
Amendment to the amendment not agreed to. 
The question was put that the following amendment in the name of Metiria Turei to the amendment to clause 71 set out on Supplementary Order Paper 302 in the name of the Hon Dr Michael Cullen be agreed to: 
to omit subclause (3).
Peters Jim: National Library of New Zealand (Te Puna MAtauranga o Aotearoa) Bill — In Committee 
Peters Jim: National Library of New Zealand (Te Puna MAtauranga o Aotearoa) Bill — In Committee 
[Volume:607;Page:4945] 
JIM PETERS (NZ First) 
: 
 Members are aware that the Hon Brian Donnelly chaired the Education and Science Committee and that New Zealand First has supported this bill in its first and second readings and now in its Committee stage. 
Just very quickly and rather than prolong the debate I say that this is quite a significant bill for another reason. I am used to looking at bills that mention the Treaty of Waitangi and somehow their purpose clauses go down a particular track. New Zealand First often finds it difficult to distinguish why and how legal language and terminology can go down that path. But this bill has a sensible purpose clause. Firstly it picks up the reality which is the historical heritage of our country. It puts that into a concise form and recognises that heritage is not just for Maori but it is for all of us. I think that is quite a significant issue in this clause. 
Secondly I am very pleased to see that it picks up the oral history which is part of the university of this town and part of a development that has been interesting and ought to be more so. It is a very easy and concise way of preserving part of our heritage in a way that is easier to put together than is the more traditional writing and so on that we normally accept in historical scholarship. 
Thirdly I want to add one other matter. I understand there was some concern—and I would wish the Minister if she were to take a call to clarify the one issue outstanding—about the state of information received electronically with regard to its republication. 
The only issue of some contention to us as a caucus is the status under this bill of electronic material stored and republished. I do not think that issue has been quite clarified. I have searched through the language and it is not clear to me. That would be the only quibble we would ask the Minister to clarify. New Zealand First supports the further passage of this bill.
Vote: Ngati Awa Claims Settlement Bill — First Reading 
Vote: Ngati Awa Claims Settlement Bill — First Reading 
[Volume:619;Page:15181] 
A party vote was called for on the question  
That the Ngati Awa Claims Settlement Bill be now read a first time.  
Ayes 112 
New Zealand Labour 51; New Zealand National 27; New Zealand First 13; Green Party 9; United Future 8; Progressive 2; ; Maori Party 1; Independent: Awatere Huata. 
Noes 7 
ACT New Zealand 7. 
Bill read a first time.
Prebble Richard: Points of Order — Personal Explanations 
Prebble Richard: Points of Order — Personal Explanations 
[Volume:608;Page:5278] 
Hon RICHARD PREBBLE (Leader—ACT NZ) 
: 
 I raise a point of order Mr Speaker. At the beginning of the session today I raised with you a matter that you said you were going to look at. 
Mr SPEAKER 
: I have already been doing some work on the matter. 
Hon RICHARD PREBBLE 
: Thank you but I want to bring you further developments because I regard this matter as very unparliamentary. Members of Parliament appointed to select committees are appointed by this House not by themselves or by the parties. I now discover that the member of Parliament concerned Mr Ewen-Street is putting out press statements saying that he has withdrawn from an inquiry. He is quite prepared to brief members of the press gallery but is not prepared to come to this House to account for his actions. From what I read here it appears that he has been sitting on an inquiry and has had an improper relationship with one of the lawyers to the inquiry—I understand the media is calling it a “sex for questions” scandal—yet he is not prepared to come to this House to explain—[ 
Interruption 
] If the member thinks it is appropriate to resign today how long has this situation existed? Has he been asking questions as an MP or has he been asking them on behalf of someone else? Has he compromised the whole inquiry? Why is he not prepared to account for his actions in this House rather than doing so around the press gallery? 
Mr SPEAKER 
: I have taken note of what the member said and I am looking at this particular matter—as I promised him earlier I would.
Peters Winston: Questions for Oral Answer — Questions to Ministers Questions to Members 
Peters Winston: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Volume:621;Page:16443] 
9.  
Rt Hon WINSTON PETERS (Leader—NZ First) 
 to the  
Minister of Finance 
: With respect to his comments in relation to the approved sale of a majority stake in Powerco to Australian company Prime Infrastructure Networks “It is however with great reluctance that I am letting the deal proceed as there were aspects of the process that concerned me.” what were the aspects that concerned him? 
Hon Dr MICHAEL CULLEN (Minister of Finance) 
: 
 Apart from the fact that the national interest tests were in my view barely met I had two principal concerns—firstly that the New Plymouth District Council did not consult ratepayers on the sale and secondly that the shambles that ensues from the granting of a waiver by the Takeovers Panel to allow Prime to restructure itself are different for New Zealand versus overseas shareholders. 
Rt Hon Winston Peters 
: Is it not a fact that the Minister has more concern for the possibility of foreign overseas investors threatening us with a judicial review than for adhering to New Zealand’s Overseas Investment Act which lists eight reasons why his approval of the sale of Powerco is not in the national interest? 
Hon Dr MICHAEL CULLEN 
: The member makes one reasonable point—that is my own views were leaning towards declining the sale. I was strongly advised—not just by the Overseas Investment Commission—that a negative decision from me was unlikely to succeed under judicial review.
Pettis Jill: New Organisms and Other Matters Bill — Second Reading 
Pettis Jill: New Organisms and Other Matters Bill — Second Reading 
[Volume:611;Page:8588] 
JILL PETTIS (NZ Labour—Whanganui) 
: 
 I will speak only very briefly on the bill because I think it is important we progress its passage through the House as soon as we can in the interests of everybody. 
This first thing I will say is that the conspiracy theories about the bill being shunted up the Order Paper are not true. As one of the Government whips I regret to advise the conspiracy theorists that while Minister Hobbs may be in charge of the bill she is not in charge of the Order Paper. She has no control unfortunately over where bills appear on the Order Paper. 
The select committee listened to the submitters with care and consideration but I say to some submitters who may be disappointed in the progress of this bill that not all select committee members were able to agree with all the points raised by the submitters. But we did listen with interest. This Government is proceeding with caution in the management of new organisms while preserving opportunities. We are building on the information that was provided by the royal commission’s report and I have to say that no Government could be expected to exercise more caution than this Government is. 
I thank the chair and all the members of the select committee and thank those who gave advice to the select committee as we valued the advice and information they provided us with. I say thank you to select committee members and I commend the bill to the House.
Hunt Jonathan: Visitors — Commonwealth of Australia—Minister for the Environment and Heritage Italy—Parliamentary Delegation United Kingdom—Constitutional Affairs Committee House of Commons 
Hunt Jonathan: Visitors — Commonwealth of Australia—Minister for the Environment and Heritage Italy—Parliamentary Delegation United Kingdom—Constitutional Affairs Committee House of Commons 
[Volume:621;Page:16593] 
Mr SPEAKER 
: I also have much pleasure in informing the House that members of the Constitutional Affairs Committee from the House of Commons United Kingdom are present in the gallery. I am sure that members would wish that that delegation also be welcomed.
Hughes Darren: Injury Prevention Rehabilitation and Compensation Amendment Bill (No 3) — In Committee 
Hughes Darren: Injury Prevention Rehabilitation and Compensation Amendment Bill (No 3) — In Committee 
[Volume:625;Page:20278] 
DARREN HUGHES (Junior Whip—Labour) 
: 
 I move  
That the question be now put 
.
Worth Richard: Oaths Modernisation Bill — First Reading 
Worth Richard: Oaths Modernisation Bill — First Reading 
[Volume:625;Page:20717] 
Dr RICHARD WORTH (National—Epsom) 
: 
 I raise a point of order Madam Speaker. We hear many rubbishy speeches in the House. Tonight we have heard a speech of real excellence and I would like to say on behalf of myself and of the member of Parliament for Invercargill what a great speech we have heard. 
Madam DEPUTY SPEAKER 
: The member knows very well that that is not a point of order. I just warn him about points of order.
Vote: Health Practitioners Competence Assurance Bill — In Committee 
Vote: Health Practitioners Competence Assurance Bill — In Committee 
[Volume:611;Page:8139] 
A party vote was called for on the question  
That the question be now put. 
Ayes 69 
Labour 52; Green Party 9; United Future 8. 
Noes 46 
New Zealand National 27; New Zealand First 13; ACT New Zealand 6. 
Motion agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 111 in the name of Heather Roy to insert new subclause (b)(viiia) in clause 64 be agreed to.
Cunliffe David: Racing Bill — Instruction to CommitteeCWH In Committee 
Cunliffe David: Racing Bill — Instruction to CommitteeCWH In Committee 
[Volume:606;Page:3967] 
DAVID CUNLIFFE (NZ Labour—New Lynn) 
: 
 I move  
That the question be now put 
. 
Motion agreed to. 
The question was put that the following amendment in the name of Sue Bradford to clause 12 be agreed to: 
to amend subclause (1) by omitting the expression “5” and substituting the expression “6”.
Robertson H V Ross: Supreme Court Bill — Second Reading 
Robertson H V Ross: Supreme Court Bill — Second Reading 
[Volume:612;Page:8902] 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I thank the honourable member for that. It is not really a point of order and I will leave that to the discretion of the Minister.
Vote: Resource Management (Waitaki Catchment) Amendment Bill — In Committee 
Vote: Resource Management (Waitaki Catchment) Amendment Bill — In Committee 
[Volume:619;Page:15299] 
A party vote was called for on the question  
That Part 2 as amended be agreed to. 
Ayes 75 
New Zealand Labour 51; New Zealand First 13; United Future 8; Progressive 2; Maori Party 1. 
Noes 43 
New Zealand National 27; Green Party 9; ACT New Zealand 7. 
Part 2 as amended agreed to.
Mark Ron: Corrections Bill — In Committee Speaker Recalled In Committee 
Mark Ron: Corrections Bill — In Committee Speaker Recalled In Committee 
[Volume:617;Page:13159] 
RON MARK (NZ First) 
: 
 I raise a point of order Mr Speaker. 
Mr SPEAKER 
: I have already ruled on it. 
RON MARK 
: I know but there is something that I omitted to say and I think it is important. The point is that one cannot challenge the decision of the ruling. But that ruling can only be made if the person in the Chair continues to speak and give such a ruling despite the fact that a point of order was started before her ruling started. To continue to ignore the points of order in order to get the ruling out is a deliberate ploy I felt to prevent me then challenging the decision that was made. I would like your deliberation and I do not expect an answer right now. But I do feel that that tactic is unfortunate and only leads to total discontent on the part of the House.