Mackey Moana: Waste Minimisation Bill — In Committee 
Mackey Moana: Waste Minimisation Bill — In Committee 
[Volume:648;Page:17595] 
MOANA MACKEY (Labour) 
: 
 I am happy to stand and take a call on Part 4 of the Waste Minimisation Bill. Firstly this is another part where we were very aware it was forming the blueprint from which territorial authorities would develop their waste minimisation plans. Secondly we were very aware that a number of them had already made quite significant tracks down this path. As someone mentioned earlier we certainly did not want to stop people in their tracks so that they would have to change the way they were doing things. We were very cognisant of the submissions of the territorial authorities when they came to the select committee to make sure that we aligned this part as much possible with the Local Government Act and to use it both as a guidance and an enabler for territorial authorities in order to give them the powers to do what a number of them want to do in the waste minimisation area but had not perhaps been entirely sure of their powers and ability to carry out certain functions or to take certain initiatives within their own area. 
One of the important parts of this legislation is that we have clarified that joint plans are a good idea where that is appropriate and that as long as territorial authorities meet the requirements under the bill there is nothing within the part that stops them from working together to carry out joint plans and to share overhead costs and initiatives as well especially across districts. We can think perhaps of the Bay of Plenty - Waikato area where there is already a lot of collaboration and we want to encourage that. We certainly do not want any questions being raised in this bill that that is not an appropriate thing to happen or that there is uncertainty about whether it is able to happen. 
I want to mention briefly Supplementary Order Paper 210 in the name of the Hon Trevor Mallard where he has clarified clause 54 which talks about the by-laws a territorial authority may make. Clause 54(1)(b) states that a territorial authority may make a by-law for regulating the collection and transportation of waste. Further on subclause (2) states: “Bylaws made under subsection (1)(b) may provide for the licensing of persons who commercially carry out the collection and transportation of waste.” Certainly the Minister has pointed out that he does not think it should be limited only to commercial transporters of waste. He thinks that non-commercial collectors—for example community groups and not-for-profit organisations—should also be included in this clause but we do want to rule out individuals for example from taking their waste to the landfill. So the Minister’s amendment to clause 54(2) just clarifies that if a territorial authority makes a by-law under the part then it applies to all organisations that collect waste commercial and non-commercial. That brings it into line as the Minister states in his Supplementary Order Paper with current practice in parts of New Zealand. Again in the select committee we certainly did not want to cut across what was already happening and already working and I am sure that is not what was intended here. It also makes it clear that the regime is not intended to include individuals who collect or transport waste for personal reasons. So we have drawn that line and I think it is a fair one to draw. The other part of the Minister’s Supplementary Order Paper—the substantial part—inserts new clause 97 which deals with nominations. 
Certainly as the member before me said this is an important part. If we do not get this part right then a whole lot of it can fall over because we do rely on our territorial authorities in this area—for public health reasons and now under this bill for waste minimisation reasons—to be leaders. We want this part to be enabling and to give as much guidance as possible to make sure that what territorial authorities are doing fits into that whole-of-government approach to waste minimisation. I think we found a good path through in this part. It tries as best as possible to emulate what is already happening as a result of those who are already doing it but at the same time it provides enough guidance and enough of a blueprint for those territorial authorities that have yet to go down this path and that perhaps need a little bit more guidance—an authority that perhaps is not situated near another territorial authority to leverage off ideas. This is an important part and the Minister’s amendments are sensible. I look forward to hearing the debate on this part.