Roy Heather: Smoke-free Environments Amendment Bill — Procedure Referral to Health Committee Instruction to CommitteeCWH In Committee 
Roy Heather: Smoke-free Environments Amendment Bill — Procedure Referral to Health Committee Instruction to CommitteeCWH In Committee 
[Volume:610;Page:7978] 
HEATHER ROY (ACT NZ) 
: 
 The bill has obviously brought about some confusion about the classification of marae. The Health Committee discussed for some time whether marae should be included or excluded from the bill. If members look through the bill they will see that there is no specific mention of marae. I suspect there was some difficulty with the drafting. The same difficulty arises with owner-operators who do not employ anybody: are they covered? Again that is not clear in the bill at all. What has happened—I suspect this snuck by some of us at the select committee—is that they are excluded because they are not specifically included in some of the clauses. Certainly if there are no employees on a marae or there is no liquor licence for a marae then smoking is not prohibited on that marae. 
At the time when this matter was being discussed at the select committee there was talk about whether a marae was somebody’s home. Certainly some of the members on the select committee felt that people considered their marae to be like their home. But that did not carry over. We have talked about having a level playing ground and having some balance but that did not carry over to other areas that some of the other committee members felt people would consider as their home. So there are anomalies in the bill that mean there is not a level playing field at all. Labour members in particular said that that is very necessary and tried to get the hospitality people involved in that line of argument but it really does not stand up. 
Another area that I have not mentioned but would like to is that of ventilation systems. I would like to support the amendments of the Hon Peter Dunne. It has taken United Future quite some time to reach this point. In fact at the select committee I was the only person to support ventilation systems but I must give credit to United Future for at least coming to its senses and doing the right thing in the final instance. The ACT party acknowledges that sometimes people take a little bit of time to come round to the right way of thinking. We will give United Future the benefit of the doubt and will support its amendments to this part and those relating to ventilation systems. 
If there is a minimum air standard which is what Mr Dunne’s amendment is about the ventilation systems will sort themselves out. If premises do not reach a particular standard of air quality then the ventilation system will not be allowed to operate. If however the ventilation system can remove offending carcinogens and particles from the air then the ventilation system will be allowed. This would seem to make perfect sense and for that reason ACT will support these ventilation systems. [ 
Interruption 
] Obviously somebody needs to go round and test ventilation systems. 
It seems that many members in the Committee have not actually read the report of the Bream Bay National Institute of Water and Atmospheric Research. I took a great deal of delight in reading it. It is a very good report. The National Institute of Water and Atmospheric Research is an organisation respected by just about every party in the House. Its scientific knowledge is good its research is well documented and certainly the statistical significance of that research is very credible. Members who have not had the opportunity to see that report or who have not read it because they think ventilation systems have nothing to offer should take the time to read it. 
It is important to look to the future and not just to look retrospectively or at the moment. Advancements are being made in all areas at the moment. Ventilation systems are improving all the time. If we can support having a minimum air standard of a particular level then that is a very happy compromise so that the rights of smokers can be balanced with the rights of non-smokers. That provides the ideal situation for everybody. So ACT New Zealand will support those amendments. [ 
Interruption 
] 
I was part of the new committee which did not hear all the evidence but the new ones did not come forward. The new system that is talked about in the report of the Bream Bay National Institute of Water and Atmospheric Research was not put forward and discussed by the select committee at all. So that evidence is new. We now have the opportunity to look at that evidence take it into account and put it into action. I suggest that the opponents of this amendment should look very carefully at that report because it has a lot to offer.