Tabuteau FletcherFLETCHER TABUTEAU (Deputy Leader—NZ First): Thank you Madam Assistant Speaker for the opportunity to speak to this refined and excellent piece of legislation. Mr Hudson spoke to the House about officials recommending against it and what he failed to mention is that the Treasury report spoke about Treasury weighing up the cost-benefit analysis of prosecution around the issue and the nature—the very problem with cartels is the secretive nature of them and finding them. So Treasury asked Well you know what's the benefit there if we can't find them?" Well actually when we find them and when we know someone intended to collude and act to take from the consumer in a way that increases their profits in collusion with other businesses then yes we must act.For the previous speaker Jacqui Dean who spoke about the civil regime currently working I put it to her that she read the legislation and note that the civil regime will continue in parallel to the criminal process that is being reintroduced to this legislation. What we are trying to do here what National was trying to do in their time was work towards and acknowledge the fact that unfortunately New Zealand is an economy of a size and a scale where competition doesn't exist in the volume that we would like because we know with simple economics that good competition means good prices for the consumers.What we have to be really careful of here in New Zealand and pay great attention to—and kudos to the Commerce Commission over time and now—is that we do exactly that. What has been introduced here is the ability for this Government through this legislation to drill down and ask the question of individuals not just business: was there intent? Was there an intent to essentially steal from New Zealand consumers through the means of collusion with those who should be determined as actual competition? What we also did in this legislation was make it clear that businesses cooperating and working together is actually to be encouraged because—and when they can prove that it is to the benefit of the end consumer—there are examples of businesses working together where you might instinctively think "Well hold on. We don't want them to do that. We've just been told about cartels." But actually there are many instances where good businesses seek to work together to create efficiencies in costs for example—production costs delivery costs end costs to the consumer and in so doing the price to the consumer is actually decreased and the value for money is so much better.Now this legislation outlines that—makes it clear that where two companies or more can prove that that is what they intend to do and that is their undertaking by all means do so and do not fear confusion of behaviour and cartel behaviour. In fact please do more of it when we know it is benefitting New Zealand consumers. So it not only reintroduced the criminalisation aspect but because we acknowledged the concerns around adding that component to this legislation we sought to make it clearer when that provision came into effect.So it is actually with a great deal of pride that I stand and support this bill. I would also add and it hasn't been spoken about by those opposite that in the international area of cartel behaviour in the enforcement of it by introducing this legislation New Zealand will come into equivalence with most of our trading partners around the world who use the criminalisation aspect to enforce legislation in their own economic precincts. So what we are doing is coming into line with best practice around the world. We are making it clear to good businesses: please continue to be good businesses and work together but if there are individuals out there within businesses who know that what they're doing is wrong in colluding with what should be the competition and creating that cartel environment then they will be prosecuted and they will be held personally liable. I think from memory the penalties are $500000 or seven years' imprisonment or both.Now if you know that going in when you're making some hard decisions about how you're going to operate your business you're getting pretty clear signals from this Government about what we absolutely do not expect or want from New Zealand businesses because in the end this is a Government that wants to ensure good competition healthy competition that looks after the New Zealand consumer in all parts of their lives. So this is a very good piece of legislation and I wholeheartedly recommend it to the House. Thank you."