McAnulty KieranSEVERE WEATHER EMERGENCY RECOVERY LEGISLATION BILLSecond ReadingHon KIERAN McANULTY (Minister for Emergency Management): Thank you Mr Speaker. After consultation with the Business Committee I seek leave to present a legislative statement on the Severe Weather Emergency Recovery Legislation Bill. SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none. That legislative statement is published under the authority of the House and can be found on the Parliament website. We'll just take a moment and I will ask those members who are leaving to do so quietly and expeditiously the Hon Andrew Little included—you can't even hear me! Yeah please leave. Hon KIERAN McANULTY: Thank you Mr Speaker. I move That the Severe Weather Emergency Recovery Legislation Bill be now read a second time. I'd like to thank the members of the Governance and Administration Committee for their bipartisan and collaborative consideration of the bill and in particular Ian McKelvie the chair of the committee for his steady steering of the ship. I also want to acknowledge and express my thanks to parties across the House for the cross-party support this bill has received. I appreciate the support for the bill's efforts to support communities impacted by the recent devastating severe weather events. The purpose of this omnibus bill is to assist local authorities and communities in areas of the North Island affected by Cyclone Gabrielle and Cyclone Hale and the heavy rain events in the upper North Island. I want to acknowledge the widespread and ongoing impacts of the damage on so many Kiwis and the communities that they live in. I was heartened that the expressions of cross-party support for the bill during the first reading speeches were carried through into the work of the committee. The committee backed up the similar efforts on the Severe Weather Emergency Legislation Act. Its thorough and careful deliberations mean that the bill is appropriately placed to support Kiwis affected by the severe weather events. This bill represents a vital part of our commitment to supporting a timely effective recovery for those affected by the recent severe weather events. It follows on from the recent enactment of the Severe Weather Emergency Legislation Act. This legislation package complements the work done on the ground to assist communities in the immediate aftermath of the severe weather events. The bill proposes allowing Orders in Council to be used to amend legislation where this would support more timely recovery efforts in affected areas. The flexibility provided by Orders in Council will help communities react more quickly to the range of issues that could arise during recovery efforts in a way that best suits the needs of each community. The bill contains a range of safeguards to ensure the flexibility provided by enabling Orders in Council is used appropriately. One of the safeguards is a community engagement process on draft Orders in Council that must be followed barring only the most exceptional of circumstances. There are also review processes that must occur including oversight by an independent panel headed up by a former or a retired High Court judge. A draft Order in Council also cannot unjustifiably limit rights and freedoms in the New Zealand Bill of Rights Act or amend key legislation forming part of our fundamental democratic and constitutional arrangements. This key legislation includes the Constitution Act the Electoral Act and of course the New Zealand Bill of Rights Act. In addition to the safeguards there are transparency obligations on Ministers to publish the reasons for the making of any Order in Council and to keep any orders made relating to their portfolio under review. The bill makes amendments to the Local Government Act 2002 the Local Government (Auckland Council) Act and the Resource Management Act that cannot wait for the Order in Council mechanism by this bill. These amendments ensure those Acts do not unduly impede ongoing recovery effort. Despite the short process the committee's call for submissions from interested parties and the general public received a remarkable 204 submissions. Some of these submitters also made oral submissions. I want to thank all submitters for taking the time to participate in the select committee process and for the efforts they've put in to submit their views on the bill in a short time frame. I've heard and wish to acknowledge the substantive concerns raised by submitters that in their view the bill is undemocratic and that it grants the Government far greater power than is needed. Submitters were also concerned that the truncated time frame meant that there was insufficient time for submissions to be made and for proper select committee scrutiny. I want to re-emphasise that these powers are only given to the extent needed to support recovery efforts and are not given lightly and only because swift action is needed to support and enhance communities' recovery efforts. The Order in Council process is the most efficient way to do this. The bill is modelled on legislation passed after other emergencies such as the Hurunui-Kaikōura earthquake. The framework for the exercise of these powers remains broadly similar to their exercise in those situations but some improvements have been made. For example there is no ouster clause which means courts retain the power to test the Minister's recommendations and decisions. With great power comes great responsibility which is why the safeguards I've just outlined are designed to ensure these powers are carefully and appropriately exercised. I also wish to acknowledge the points raised by my colleagues in this House during the first reading of the bill regarding the number of members on the panel. The bill allows for up to 12 members and there was concern that this was too many. In my opinion up to 12 members is about right considering the geographical spread of the affected areas and the range of knowledge expertise and experience to be represented on the panel. The panel can sit in divisions to ensure it can effectively and efficiently review the draft Orders in Council. This bill is just one aspect of the recovery and I note that the Government has committed to ensuring local perspectives are included in recovery including those of iwi and Māori. Because the select committee period was so short the committee reported the bill back to the House un-amended. However the committee did make recommendations for improvements in their commentary on the bill. I intend to propose a Supplementary Order Paper (SOP) to address some of the issues raised by submitters and to incorporate some improvements suggested by the committee. The SOP adds the Manawatū-Wanganui Regional Council trading as Horizons Regional Council and the Wellington Regional Council trading as Greater Wellington Regional Council to the list of local authorities affected by the severe weather events. This recognises that sufficient damage has occurred in parts of territorial authorities that fall within their regional boundaries. Adding these regional councils to the list will allow them to amend their regional plan documents where needing to for example enable flood protection or bridge repair works. I've looked carefully at the membership of the panel. The purpose of the panel is not to provide representation of various interests but to bring the knowledge experience or expertise in the matters listed to bear when considering draft Orders in Council. Another requirement set out in the SOP would mean the Minister responsible for panel appointments would also have to consider appointing members with expertise in health protection; primary industries; emergency management including resilience; and rural interests. The Minister will also need to consider appointing members with local perspectives of Māori communities in the affected areas including mātauranga Māori tikanga Māori iwi and hapū. The SOP also ensures that Orders in Council can only deal with new subject matter if doing so is reasonably necessary to achieve the purposes of the order and that orders are no broader than geographically necessary. The relevant Minister must now provide draft orders to the Regulations Review Committee in all circumstances unless Parliament is dissolved or has expired and the Minister can extend the time frame for comments from the Regulations Review Committee. I consider the changes proposed in this SOP will enhance the protections in the bill against the inappropriate making of Orders in Council and will allow for the right balance to be found in respect of panel composition. Finally I note that the committee strongly supported a review of the bill once enforced to more fully scrutinise the powers granted under it given the short time frame in which the bill has progressed. I acknowledge this proposed method of parliamentary oversight and invite the appropriate select committee to conduct such a review at the most suitable time after the bill comes into force. I look forward to this House's contribution during the committee of the whole House stage and I'm pleased to commend this bill to the House. SPEAKER: The question is that the motion be agreed to.