Tamihere John: Building Bill — In Committee Procedure 
Tamihere John: Building Bill — In Committee Procedure 
[Volume:619;Page:14862] 
Hon JOHN TAMIHERE (Associate Minister of Commerce) 
: 
 I take up the challenge that a couple of members have made in regard to Part 5 of the Building Bill. Firstly I invite with the greatest of respect the member who has just resumed his seat Lindsay Tisch to read in full Supplementary Order Paper 241 which gives territorial local authorities a range of discretions with regard to the transitional provisions. I would be grateful if the member would be kind enough to read the full intent and expression as outlined in the Supplementary Order Paper. 
More particularly I rise to comment on the challenge from the honourable New Zealand First member Mr Brent Catchpole. He asked a number of questions that I will now refer to specifically. I respectfully request that the member read clause 361 “Assets and liabilities vest in Crown” which states: “All rights assets liabilities and debts that the Authority had immediately before the commencement of this section must be treated as the rights assets liabilities and debts of the Crown”. That is moving towards a Government department and acknowledges that a Government department is a successor and an assignee in all things conducted by the Building Industry Authority. I also request that the member look at new clause 368 in Supplementary Order Paper 241. You must read— 
The CHAIRPERSON (H V Ross Robertson) 
: The member is bringing me into debate. 
Hon JOHN TAMIHERE 
: As the Chair pleases. Members must read the Supplementary Order Paper which is a very important Supplementary Order Paper in respect of the bill before them. I invite you to look at clause— 
The CHAIRPERSON (H V Ross Robertson) 
: No the member cannot refer to the Chair. 
Hon JOHN TAMIHERE 
: I would like members to look at clause 368 “Proceedings of Authority” which states: “Any proceedings to which the Authority is or becomes a party (whether before or after the commencement of this section) may be commenced continued completed and enforced by or against the Crown.” I give a clear expression and undertaking to the New Zealand First member that it is quite clear that coverage is given in respect of any acts the Building Industry Authority may have conducted prior to the passage of this legislation. Notwithstanding that I bring his attention to new clause 361A which is set out on the Supplementary Order Paper. I do that in the best interests of the questions he raised. Subclause (1) of new clause 361A “Protection from civil liability for members building referees and employees of Authority continued” states: “Despite the repeal of the former Act and the dissolution of the Authority no civil proceedings may be brought against any of its members building referees or employees for any act done or omitted to be done by that person in good faith”. 
We have transported a range of liabilities into the name of the Crown by way of the new department but we have also acknowledged that members of that authority who have conducted themselves in good faith should be provided with some cover but the standard law with regard to any act of negligence conducted by members of the authority will be able to be pursued legally. I give a clear undertaking that the framework we have put around that issue is the way it works. 
I conclude by stating that Part 5 is extraordinarily important. Not only have we recalibrated a range of undertakings to the consumers of this country but we have also clearly erred on the side of the great Kiwi battlers and consumers who invest significant resources in the greatest asset purchase they are likely to undertake in their lives. This legislation does not contain the rorts that have been perpetrated on them and that have forced us to put it forward. We on this side of the Chamber make that quite clear rather than being in business for vested interests or acknowledging that the market achieved everything because it did not and we know it. I make it quite clear that Part 5 is not just about the carrots that are involved it is about the sticks as well. There must be a clear message sent to the industry that a range of remedies is available in the event that the good and worthy practice and warrantable tradesmanship that we expect from good Kiwi tradespeople should exist and be available and that if it is not there must be an opportunity for us to take recourse.