Smith Stuart; Salesa JennySTUART SMITH (National—Kaikōura): Thank you Madam Chair. It is a pleasure to speak on the Commerce Amendment Bill.I actually do support my honourable colleague's Supplementary Order Paper (SOP) 92. I think he made an excellent point there. I think speaking to clause 14 which amends new section 36 you know we're going from the take advantage test—we're going from an intentions test to an effects test. But when we think about effects in the market anti-competitive effects in the market the biggest effect in the last two years in the market for anti-competitive behaviour has been the Government. The Government has forced everyone out of the fruit and vegetable and butcher shops into the supermarkets. That's the most anti-competitive thing that's happened in New Zealand not based on any way that could be justified on health grounds—no justification whatsoever.Then they wring their hands and say Oh we better get the Commerce Commission in to have a look: are they actually any anti-competitive?" This is a Commerce Amendment Bill; it's about competition. I'm talking about competition or the lack thereof. So the Government forces everyone into supermarkets—probably on health grounds a more dangerous option than having the other options of going into your local greengrocer or your local butcher shop where you'd be lucky if there's 10 people in the shop—hundreds in the supermarkets. They've never ever tried to justify this on health grounds because there is no justification. So why isn't this also accounting for Government action? This bill should cover that. The Government should not act in an anti-competitive manner but it has. It's not just done it once; it's done it twice.It's had a massive impact on those businesses. They've had to throw out stock that they had purchased. At least in 2020 there was a bit of a lead-in time; there wasn't in 2021. Those businesses have been sent to the wall by the Government and then the Government has the gall to call in the Commerce Commission to look at the supermarkets because they're worried about competition in that area. It's just laughable.I think look the Minister may well be well-intentioned in this but he hasn't thought it through. If he really followed the logic he would have asked his officials "What is the most anti-competitive thing that has happened in the last two years?" And that's another question for the Minister: did the Minister actually ask officials about that? Did he think about what were the most anti-competitive actions that had happened in this market? Because I have spoken to people in tears who are going to lose their business as a result of that. I just can't understand how those members on the other side didn't do that. Perhaps they don't get around their businesses. They only talk to people that are their friends I don't know. But I can tell you how upsetting it is for people who have lost their businesses as a result of anti-competitive behaviour coming from the Government.Now I think the provisions generally are pretty good and I understand the SOP that the Hon Todd McClay has put up. He's got several but that first one he just spoke to earlier that will go a long way to actually panel beating this into shape. However it doesn't cover all anti-competitive behaviour; that the Crown would indulge in such activity I think is a huge disappointment. It's a disappointment for the businesses that that have lost money over this. Disappointment for people who've lost their businesses over this. But what the most disappointing thing is: what is the thought process that goes on within the Cabinet over there? Why aren't they people that are thinking about the consequences of their actions to real people who've invested their livelihoods in some cases mortgaged their homes? They're not just losing a business some of them; they're losing their homes as a result of thoughtless—Barbara Kuriger: And their health.STUART SMITH: —and heartless acts and their health. A very good point. I think that we'll find the consequences of these actions will echo through the decades actually and I think there's been quite a bit of work done by the Productivity Commission on this.So I'm really concerned about this Minister. I know you haven't thought about it. I know you haven't actually asked those questions—and shame on you for not thinking of it. But look I'm helping you out now. You've got an opportunity to do that.CHAIRPERSON (Hon Jenny Salesa): Order! The member's time is up."