Carter Chris: Legislation (Incorporation by Reference) Bill — Instruction to Committee Second Reading Instruction to Committee Instruction to Committee In Committee 
Carter Chris: Legislation (Incorporation by Reference) Bill — Instruction to Committee Second Reading Instruction to Committee Instruction to Committee In Committee 
[Volume:625;Page:19796] 
Hon CHRIS CARTER (Minister for Building Issues) 
: 
 We have just been subjected to 5 or maybe 7 minutes of nasty personal attack and extravagant statements from Nick Smith the previous speaker who is from the National Party. Essentially he is glorying in calling me a tosser. At least I have never been sent from Parliament to seek psychiatric help for a stress-related condition. 
Hon Dr Nick Smith 
: Point or order— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Would the member please be seated while I rule on this. I know what he is going to say. I tell the honourable Minister that I have just ruled that word out of order in this House. I know that the member was rebutting but I did ask Mr David Carter not to use it and I would appreciate it if we could get back to the debate and carry on. 
Hon CHRIS CARTER 
: I give an undertaking that I will not refer to Dr Smith’s mental condition again. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: It is a personal reflection now and I ask the Minister to stand withdraw and apologise. 
Hon CHRIS CARTER 
: I withdraw and apologise. 
Hon Dr Nick Smith 
: I raise a point of order Mr Speaker. The Minister has referred to my mental state three times. He has claimed three times that I have seen a psychiatrist. I inform the member in the House that I have never seen— 
Hon CHRIS CARTER 
: Ha ha! 
Hon Dr Nick Smith 
:He thinks it is funny. He is dragging this House down. If I challenge him on matters of legislation on issues before Parliament he gets nasty. I want to make it a matter of personal explanation that I have never in my entire life ever seen— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Is the member seeking leave to make a personal explanation? 
Hon Dr Nick Smith 
:Yes I am. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Is there any objection to that course of action being taken? There is. 
Hon Dr Nick Smith 
: Point of order— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I say to the member that I have now dealt with this issue and I want to get back to the debate. 
Hon Dr Nick Smith 
: I raise a point of order Mr Speaker. I am not going to put up with this. Three times that member has made the accusation that I have seen a psychiatrist. That is totally untrue. What am I to do? I have known of members in the House Mr Speaker— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I just want everyone to take a deep breath for a minute. The matter has been dealt with. The honourable Minister has withdrawn and apologised and the member’s explanation has been accepted. I have now dealt with the matter and there I want to leave it; I want to move on. I think it is in order that we move on. 
Hon CHRIS CARTER 
: It is with great pleasure that I rise to speak to the Government’s Supplementary Order Paper on the Legislation (Incorporation by Reference) Bill. I would like to thank all the stakeholders involved in the development of the Supplementary Order Paper. Although the Supplementary Order Paper has been developed at a rapid pace the provisions in it have been thoroughly considered and the industry has been closely involved in the development of the provisions. 
The Supplementary Order Paper proposes urgent amendments to the Building Act 2004 to improve its workability and to ensure that the transition from the Building Act 1991 is as smooth as possible. The majority of the proposed amendments are technical in nature and relate to omissions inconsistencies and clarifications. Substantive amendments are however proposed to section 363 of the Act. The amendments to section 363 include clarification that the purpose of the section is about protecting the safety of members of the public using premises open to the public or intended for public use; clarification that this section of the Act applies only to the part of the building intended for public use; new provisions to allow the staged use or occupation of buildings intended for public use if it is safe to do so; and new transition arrangements for existing buildings to ensure that the transition from the Building Act 1991 is as smooth as possible. 
These amendments address the issues that have been raised by stakeholders and that have been the subject of much discussion in this House. The Government’s willingness to fix up issues such as the lack of clarity in section 363 demonstrates good management in action. In any law the size of the Building Act 2004—some 450 sections—inevitably there will be drafting issues and matters to be clarified. A sensible Government moves promptly to solve problems once they have been identified as we have done today. Our actions stand in sharp contrast to those of National particularly those of the member Nick Smith who has abandoned any attempt at a constructive contribution. Instead of wanting to fix up problems for the benefit of the industry he has sought to stage a publicity stunt by trying to get the Wellington City Council to close down Parliament because of section 363. 
Hon Dr Nick Smith 
: I raise a point of order Mr Speaker. Three times during my contribution on this particular bill you intervened and raised the fact of my not addressing the bill. I have noted that the Minister has well and truly strayed outside it and you are adopting a different standard. The norm from the Chair these days is that there is one set of rules for this side of the House and a different set of rules for the other side of the House. I find that in respect of points of order and I find it in respect of debate and we simply ask for some consistency. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Dr Smith I did intervene in your speech but it would also be correct to say that it was rather late when I did so. 
Hon CHRIS CARTER 
: The member has egg all over his face because the Wellington City Council has refused to do so saying that it is satisfied that the intent of the Building Act is being observed. In other words he has his facts all wrong. Not only that but Nick Smith and the National Party despite trying to make political capital out of a few drafting errors in the Building Act are now refusing to help fix up those errors. New Zealand’s building industry would be quite right in thinking that National is more interested in petty politicking than in ensuring a robust regulatory environment for safe buildings. 
I would like to thank again the stakeholders involved in the development of the Supplementary Order Paper. This Supplementary Order Paper shows that the Government is listening and that when issues are identified the Government acts quickly. The Building Act aims to ensure that buildings are designed and built right the first time. I am confident that the Act and this Supplementary Order Paper go a long way to achieving that aim.