Mapp Wayne: Employment Relations Law Reform Bill — In Committee 
Mapp Wayne: Employment Relations Law Reform Bill — In Committee 
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Dr WAYNE MAPP (National—North Shore) 
: 
 I am very appreciative of getting the call but I note that a number of my colleagues who have not yet spoken will also be seeking calls. 
The particular issue I want to deal with is why a principles of the Treaty of Waitangi provision is in this legislation. The Government has said it is trying to narrow the principles down. We hear Mr Mallard who has authority on the issue constantly proclaiming that the Government wants to narrow down the scope of the treaty yet sneaked into this legislation is a treaty provision. New Zealand First seems to be unaware of it. Its members are hunting for it desperately as we speak—even the dare I say it rude deputy leader of that party. 
I will take members through the sequence. Clause 35 requires codes of good faith. This clause inserts a new part consisting of several provisions. That explains the count of 117 clauses. New section 100D in clause 35 states that there will be a new code of good faith required in public health sector employment agreements. One might think that seems harmless enough. These are contained in schedule 1AA. For the benefit of members I will read out clause 7 in schedule 1AA “Principles of the Treaty of Waitangi” which states: “The parties must recognise and support Part 3 of the New Zealand Public Health and Disability Act 2000 which in order to recognise the principles of the Treaty of Waitangi and with a view to improving health outcomes for Maori provides mechanisms to enable Maori to contribute to decision-making on and to participate in the delivery of health and disability services.” That is required in employment agreements. What relevance does it have in collective agreements or for that matter in individual agreements? I would like the Minister in the chair Paul Swain to answer the question of what particular principle of the treaty is relevant here. What article of the treaty relates to employment agreements? That is what that provision is all about. Does it mean that in the future the nurses union and the district health boards will have reference to principles of the treaty in their employment agreements and their various practices which are enforceable by the Employment Relations Authority and the Employment Court? 
We know perfectly well so does the country that the Government does not even know what the principles are. It has not been able to explain them. It certainly cannot explain them here. In fact the Government claims that health services are provided on the basis of need not race. It actually says that. But sneaked into this bill is a reference to principles of the treaty. No one knows what it means. I am sure the Minister does not know what it means. Can the Minister tell me what points of guidance the Government will give the judges of the Employment Relations Authority or the Employment Court—and everyone knows that those judges are expert in the principles of the treaty—to determine how the principles will apply in an employment agreement between the nurses union and a district health board. 
Maybe it would be a cleaning union. It is very important I guess that those so-called vulnerable workers have reference to the principles of the Treaty of Waitangi in their agreements to clean the floors of the building. Even I struggle to see how there could possibly be reference to the principles of the treaty in cleaning floors. Maybe it is some kind of joint sovereignty over the floors? 
Hon Member 
: A partnership. 
Dr WAYNE MAPP 
: More than a partnership—joint sovereignty. Maybe a symbolic title a bit like the lakes will be given to the parties in relation to the floors of hospitals. This kind of absurdity has no place in employment legislation. 
NANDOR TANCZOS (Green) 
: 
 I raise a point of order Mr Chairperson. When you called the previous speaker you indicated that that was likely to be the last opportunity to speak on this part. I invite you to have a look at the record of speakers of this evening and on the previous evening when this bill was discussed. The Green Party has had only two calls by my colleague Sue Bradford. I have had no opportunity to speak on the bill even though I have come down to the Chamber this evening specifically to deal with a particular clause that I have a particular interest in which is the amendment relating to the Brethren. It is usual in this Committee for members who have not had the opportunity to speak to be given the chance to speak on a particular part. So before we go on I invite you to reconsider your decision. 
The CHAIRPERSON (Hon Clem Simich) 
: Thank you for bringing that to my notice.