Shearer David: Education (Freedom of Association) Amendment Bill — In Committee 
Shearer David: Education (Freedom of Association) Amendment Bill — In Committee 
[Volume:671;Page:17586] 
DAVID SHEARER (Labour—Mt Albert) 
: 
 I want to take a brief call on clause 4A of the Education (Freedom of Association) Amendment Bill because it cuts to the heart of what the bill is all about. It cuts to the heart of the issue and what we are here for. In fact it may well be that if we look at Grant Robertson’s Supplementary Order Paper in particular and agree to its amendments it would meet pretty much the concerns of the member who is pushing through this bill the Hon Heather Roy. I will go back quickly to his amendment to clause 4 which states: “To omit ‘uphold students’ rights to freedom of association by removing any requirement for students to join students associations’ and substitute ‘but allow periodic referenda to test this issue’ ”. That seems to me to be a perfect recipe that would bridge the gap between what Heather Roy would like to see in terms of this bill and what we are able to live with ourselves. It would mean that instead of this legislation being repealed more or less about 2 or 3 months after it was enacted it would be able to stand the test of time and continue. I think a lot of people would agree to that amendment. 
I come back to clause 4A which amends section 171(2). I pick up the point Chris Hipkins was talking about that while this bill has been going through Parliament we have had some substantial changes in the make-up of councils pushed through by the Education Amendment Act late last year. This means that students associations will not be represented as fully on a council as we would like. This is a great loss. Previously we had an opportunity to have real students association representation that could be properly representative of students themselves but now that will be severely degraded. We will not have the same ability to have students advocate on a council for the issues they really want. The council will have to choose between some of the other representatives they have—I think there are four plus four—and students associations are I believe the ones that will miss out. 
But more important the quality of the participation on those councils is about the representation. If we do not have a students association large enough to be able to support students a students association that can give service not only in the other things we have talked about before—health student support guidance sporting facilities and so on—but in the advocacy of student issues then there will be a real problem. 
I was in my electorate on Monday this week speaking to the students association president there. The worry is the types of services the students association will be able to offer at Unitec the polytech there—the largest polytech in New Zealand. The people there will have a real issue particularly with clauses 4 and 4A as to their ability to be represented in a truly representative way even though they have a council that is extremely open-minded and an exceptional chief executive officer. But they will not have that sort of representation by right; they will have it at the behest of the chief executive officer of Unitec. 
In conclusion and speaking to clause 4A which amends section 171(2) I think that Grant Robertson’s Supplementary Order Paper 191 amendments to both clause 4 and clause 4A are excellent suggestions made in the spirit of trying to achieve something that will be enduring for all students.