Brownlee Gerry: Local Government (Auckland Reorganisation) Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Brownlee Gerry: Local Government (Auckland Reorganisation) Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:654;Page:3685] 
Hon GERRY BROWNLEE (Minister for Economic Development) 
: 
 I am a little perplexed as to why this particular part has been allowed to be debated today. Let us read the entire part. Clause 250 states: “Nothing in this Act shall affect the rights and entitlements of any employee of any territorial authority under the Parental Leave and Employment Protection Act 1987.” The next clause clause 251 states: “Notwithstanding anything in this Act all current councils and all new councils created under this legislation will be related employers for the purposes of the Parental Leave and Employment Protection Act.” 
I want the Clerk at the Table to listen to this because it is a very important point and it would be good if the Clerk would listen. Will we be going through the farcical situation over the next few days whereby the Clerk’s Office accepts new parts of this bill that simply restate the existing law? 
Hon David Cunliffe 
: I raise a point of order Mr Chairperson. There are two parts to my point of order. The first is that it is not appropriate for the member to deal with questions of procedure which should be dealt with by you in the middle of a speech rather than by raising a point of order. Secondly it is completely inappropriate— 
Hon Gerry Brownlee 
: It’s not a point of order. 
Hon David Cunliffe 
: That is my point if Mr Brownlee would listen to it; interjecting on a point of order as the member knows as Leader of the House is outside the Standing Orders. My second point is that it is inappropriate for any member of this Committee let alone a senior member and let alone the Leader of the House to exert influence over the staff of the Office of the Clerk. If he wishes to make a comment about House procedure he should direct it to you Mr Chairperson; he should do it through a point of order not through a speech; and he should not harangue the Clerk. 
The CHAIRPERSON (Hon Rick Barker) 
: Well I make two points. Firstly I do not think anybody in this Committee who has been here a while would believe that the Clerk’s Office would be moved by any pressure by any member on any point. In actual fact members have often complained that the Clerk’s Office is immovable to any pressure on any point. Secondly I do not think it is necessarily good for the member to address the issues to the Clerk directly. Yes the Clerk has an influence over these things but I feel that the member should direct the issues to the Chair as the Chair is responsible for them. If the member is grumpy about decisions then he should heap it upon the Chair as the Chair’s shoulders are big enough to take all of his discontent on this issue. But members should direct issues at me not the Clerk. 
Hon GERRY BROWNLEE 
: I suppose I am somewhat surprised that it now seems that in the days ahead the Labour Party is going to introduce to this bill new parts that reconfirm existing law. I know that the Labour Party is now struggling with its 27 parts so here is another one from me: “That all council vehicles will obey all the rules of the road while they are operating for the council.” That could be a new part. Then of course any number of other existing pieces of law could be put into a new part. 
I cannot understand why the Labour Party cannot work out that existing settled law is just that. Nothing in this bill can undo other laws. That is not possible. Poor old Darren over there is scratching his head and tapping his head; I assume he is trying to stay awake but I am not sure. It is pretty darn simple. The transition authority which this bill is about gathers together the opportunities that exist for the creation of the new council. A third bill is coming and I want to say very emphatically that this bill does not impose the new transition agency in the role of employer; it simply puts a duty on that authority to work with— 
Hon Darren Hughes 
: It does so! 
Hon GERRY BROWNLEE 
: Well that is the point is it not? We have written this bill over a long period of time and we understand it; that side of the Committee does not. It will be a sad day for Parliament if all existing law is to be somehow turned into a new part of this bill for the Committee to consider. It is an utter nonsense. It is a pathetic device and it utterly trivialises the process of Parliament. 
It is sad to me that a party that went out to set up this whole process in the first place is now so desperate that it has to resort to these sorts of beltway tactics in order to make itself feel good. Are we going to see more of it? I suspect we will. I suspect that throughout the afternoon the statute book will come out and every little bit of law that relates to anybody’s activity anywhere— 
Hon Maryan Street 
: That’s our job. 
Hon GERRY BROWNLEE 
: —will somehow be written up into a new part. They are confirming it. Maryan Street is confirming it. That is the tactic. David Parker was right that this is a massive filibuster. The only thing I will say about Trevor Mallard is that he is probably going to get me out of a hole. He said the bill will be passed on Thursday but I guess in the end it is our choice which Thursday. 
It is very very sad for Parliament to see this sort of part accepted into this type of bill. It would be interesting to know where the connection is that has caused the concern and I think the mock outrage expressed by members of the Opposition today. This bill is about an authority that will gather up the other eight authorities in Auckland to work with them in order to ensure that the transition to the new one-Auckland council which will not even be settled until September is successful. It is an utterly pathetic effort.