edithatogo/nz-hansard-corpus huggingface dataset:
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16258. Text is incorporated into the Bound Volume.] 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I say to Grant Robertson that his instruction to the Committee is out of order because it seeks to give the Committee the power to do something it already has the power to do. The Committee has that power; it does not need it again. This House does not need belts and braces.
Robertson Grant: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Robertson Grant: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16258. Text is incorporated into the Bound Volume.] 
GRANT ROBERTSON (Labour—Wellington Central) 
: 
 I move  
That 
it be an instruction to the Committee of the whole House on the State Sector Management Bill that it have the power to consider and if it thinks fit to adopt the typescript amendment to clause 25 
.
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16257. Text is incorporated into the Bound Volume.] 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I respond to the member and say that if the member reads 79/3 he will see it is entirely consistent with what I have said. For the member’s assistance: “It is competent for a member to move an instruction the subject-matter of which is neither ‘irrelevant nor foreign nor contradictory to the decision of the House taken on the introduction and second reading of the bill’”. I have said that the member’s amendment is foreign to the bill. I have ruled absolutely in accordance with the Speaker’s ruling from 1931. I thank the member for refreshing my memory.
Hughes Darren: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Hughes Darren: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16257. Text is incorporated into the Bound Volume.] 
Hon DARREN HUGHES (Senior Whip—Labour) 
: 
 I raise a point of order Mr Speaker. I accept your ruling that the Supplementary Order Paper that my colleague was promoting was foreign to the bill. I wonder whether you have had a chance to reflect on Speaker’s ruling 79/3. It is quite an ancient Speaker’s ruling from my perspective as it goes back to 1931. It sets out the conditions in which an instruction that may be foreign or contradictory can be referred to the Committee or in which the House can confer a power on the Committee that it does not ordinarily possess if that is the will of the House. I think 79/3 brings it into the competency of what the member Trevor Mallard was attempting to move. I wonder whether on that scale—
Mallard Trevor: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Mallard Trevor: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16257. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Speaker. The point of order goes right to the core of your ruling which is whether this instruction is foreign. This is a State sector restructuring bill. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: My ruling on that instruction is that it is foreign to the bill. It is clear.
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16257. Text is incorporated into the Bound Volume.] 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I will clarify it for the member one further time. There is a difference between extending the scope of the bill by resolution and something that is foreign to the bill. I am saying that this amendment is not within the scope; the amendment the member has moved is foreign to the bill. It is quite outside of the bill. In that particular case the only method the member has available is to make the amendment by leave. The member is failing to make that distinction. 
I make the point to the member again if he cares to listen that the member can move an instruction to the Committee on an amendment when it is consistent with the bill or associated with the bill but if it is one step removed and it is foreign to the bill then the member cannot do it by a motion. In that particular case the member can do it only by leave. I have ruled the member’s amendment out and that is the end of the matter.
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16256. Text is incorporated into the Bound Volume.] 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I just say to the member that matters that come before the House have to conform to the Standing Orders and the rules of this House. One cannot amend those by way of an instruction to the Committee by motion. The only method members have to do that is by seeking leave. I have had cases of bills amended by leave as other presiding officers have. There has to be unanimity; it is not a majority decision. 
The member’s amendment is outside of the scope of the bill. It is foreign to the bill and it cannot be done by a motion. I have ruled it out of order. The member has asked what possible options members would have in the future. Members will have in the future exactly the same options they have today. They may seek leave and it must be a majority decision. The matter is closed.
Mallard Trevor: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Mallard Trevor: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16256. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Speaker. There was considerable consultation on this particular approach and the advice I received is that any member can move an instruction to include something in a bill. It is regularly done by Ministers for matters that are outside the scope of the bill as a method of including them in the bill. That is the point of the instruction: if something is already part of the bill and it can be considered by the Committee without an instruction there would be no place for instructions whatsoever. Mr Assistant Speaker Barker you know that instructions are regularly used in order to widen the scope of the bill and to include in a bill matters that are related but out of scope. 
Clearly this is a related matter. It is a State sector reorganisation matter. It is actually a transfer of policy function between two State agencies so it is a State sector reorganisation matter. The House of course can vote against it now or the House could deal with it later. In fact the logical thing for the Government would probably be to save a lot of time and deal with it now because it will deal with it later in the education area. It is a photocopy of Anne Tolley’s amendment. The Government supports it completely and the Government could save a lot of time by doing it in the right place rather than in the Education Amendment Bill (No 2) which is the wrong place. 
I go back to the original point. Can you explain Mr Assistant Speaker Barker given your ruling what possible area could be the subject of an instruction? The history of the House has been that instructions from the House to the Committee to consider matters are used for things that would otherwise be outside the scope of the bill. The right to do that has been both the Government’s and the Opposition’s. My anxiety with your ruling—because I want to be on the other side of the House in the not too distant future—is that you will be removing the right of anyone to move an instruction to extend the scope of a bill in order to include in it matters that would otherwise be out or order.
Mallard Trevor: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Mallard Trevor: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16255. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I move  
That it be an instruction to the Committee of the whole House on the State Sector Management Bill that it have the power to consider and if it thinks fit to adopt the amendment set out on Supplementary Order Paper 196 
. In speaking to this— 
Chris Tremain 
: I raise a point of order Mr Speaker. I just want to be clear. Has there been an agreement to allow the member to speak and is what he has requested within the scope of the bill? If it is within the scope of the bill then it would be considered as part of the Committee stage. If it is outside the scope of the bill then there is no reason to allow this member to have a speech. I ask that you make a ruling on this matter immediately and that we take some time to understand what is being proposed here. As a speaker he may—[ 
Interruption 
] 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: Points of order will be heard in silence. There is a constant barrage across the House and this is quite a technical point. I want Chris Tremain to continue with his point of order. 
Chris Tremain 
: I am just asking that you have some time to consider what is being proposed in the debate that the Hon Trevor Mallard is putting on to the floor of the House. There have been previous instances in the last month or two where this tactic has been tried and it has I would add been successful at that point in time for the Opposition. But with the benefit of hindsight it should have never been allowed. If the presiding officer had been given the opportunity to consider what was being proposed it would have been ruled out of order at that time and the debate would not have been allowed to proceed. So I ask Mr Assistant Speaker Barker that you consider whether what is being proposed is within the scope of the bill. If it is it will be dealt with in the Committee stage. If it is outside the scope of bill then I ask that it be ruled out of order immediately.
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16255. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the State Sector Management Bill be now read a second time. 
Ayes 66 
New Zealand National 58; ACT New Zealand 4; Maori Party 3; United Future 1. 
Noes 44 
New Zealand Labour 39; Green Party 5. 
Bill read a second time. 
The result corrected after originally being announced as Ayes 66 Noes 45.
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16255. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendments recommended by the Education and Science Committee by majority be agreed to. 
Ayes 66 
New Zealand National 58; ACT New Zealand 4; Maori Party 3; United Future 1. 
Noes 44 
New Zealand Labour 39; Green Party 5. 
Question agreed to. 
The result corrected after originally being announced as Ayes 66 Noes 45.
Bridges Simon: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Bridges Simon: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16252. Text is incorporated into the Bound Volume.] 
SIMON BRIDGES (National—Tauranga) 
: 
 It is good to speak on the State Sector Management Bill the purpose of which is to amalgamate a number of existing agencies to achieve gains in terms of financial efficiencies effectiveness and future viability of agencies. These amalgamations will improve services within existing baselines reducing cost in the short to medium term and future-proofing the long-term delivery of Government services. I commend this bill to the House.
Flavell Te Ururoa: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Flavell Te Ururoa: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16249. Text is incorporated into the Bound Volume.] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
Morena. Morenatatou e hoa makuawhakawhaiti mai ki roto i te Whare neiitenei ata. Eharai te mea he nui ngakorero. Kuarongoingakorero a te mema mo te Kakariki. Me mihi ki a ia me tanaekengahaipapamotetahipepi. Me mihi ra ki a koe e hoa ka mutu waihoterakorero ki reira. Engariitua atu o tera kuarongo au ingakorero a te mema rai te mea kei te ahua rite tonu ki a au i te mea kua tae mai wetahi ki a au ki te whakatakotoieramomokorero ki muai a matou o te PatiMaori ara ngauauatanga ka tau mai ki rungaingakaimahi o roto i te National Archives me te Whare Pukapuka o te Motu. Kuarongoake engarii roto ingawhiriwhiringakare au i te tino kite i te whakatinanatanga o eramomowhakaaroi te mea he tino taonga e takotonei ki roto inga whare nei. Hoi ano ka whakarongo ki ngakorero e rere haere nei a koakenei a te wahangaKomiti a katahi ka whiriwhirihia hei tauawa. No reira kia ora tatau. 
[ 
Good morning. Good morning to us all colleagues assembled in the House this morning. It is not as though I have a lot to talk about. I heard what the member from the Greens had to say and I must congratulate him on becoming a father. Well done colleague. We cannot let that go by without acknowledging it. But park that there. Furthermore I note what that member said because it is much like that with me as well. Some have brought that sort of thing about difficulties being placed upon National Archives and National Library of New Zealand staff before us the Maori Party. I have heard about it in the negotiations but have never seen those kinds of thoughts implemented because there are treasures of real significance stored in those buildings. However I will listen to the contributions flying about here and then later perhaps during the Committee stage make a decision at that point. Thank you all 
.]
Douglas Roger: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Douglas Roger: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16249. Text is incorporated into the Bound Volume.] 
Hon Sir ROGER DOUGLAS (ACT) 
: 
 ACT is happy to support the State Sector Management Bill which amends a number of Acts in order to amalgamate several Government departments.
King Colin: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
King Colin: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16246. Text is incorporated into the Bound Volume.] 
COLIN KING (National—Kaikoura) 
: 
 It is crystal clear to all New Zealanders that after 9 years of a wasteful Labour Government we need to rebalance our economy. We also need to redesign and have a first-class State services sector. 
The State Sector Management Bill achieves all of those goals. It provides for the formation of a new Ministry of Science and Innovation it harmonises the National Library and Archives New Zealand under the Department of Internal Affairs and very importantly it preserves the constitutional independence of the Chief Archivist. On that basis it gives me pleasure to commend this bill to the House.
Bakshi Kanwaljit Singh: Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Bakshi Kanwaljit Singh: Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill — Second Reading 
[Sitting date: 09 December 2010. Volume:669;Page:16246. Text is incorporated into the Bound Volume.] 
KANWALJIT SINGH BAKSHI (National) 
: 
 It is my privilege to participate in the second reading of the Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill which deals with a number of issues related to customs and excise. I commend this bill to the House. 
Bill read a second time.
Barker Rick: Points of Order — Parliamentary Complex Staff—Expression of Thanks 
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Barker Rick: Points of Order — Parliamentary Complex Staff—Expression of Thanks 
[Sitting date: 09 December 2010. Volume:669;Page:16243. Text is incorporated into the Bound Volume.] 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: Although the member’s sentiments are heartfelt and are shared by everybody that is not a point of order. 
Hon Trevor Mallard 
: You used to be on the side of the workers. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I see that that member wants an early shower or maybe a requirement for him to be in the House until midnight reading his own speeches.
Hughes Darren: Points of Order — Parliamentary Complex Staff—Expression of Thanks 
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Hughes Darren: Points of Order — Parliamentary Complex Staff—Expression of Thanks 
[Sitting date: 09 December 2010. Volume:669;Page:16243. Text is incorporated into the Bound Volume.] 
Hon DARREN HUGHES (Senior Whip—Labour) 
: 
 I raise a point of order Mr Speaker. I ask your indulgence before the day descends into a total shambles to recognise and thank all the workers in the parliamentary complex who have come in on a Saturday to serve our members of Parliament through until midnight. We deeply appreciate the work they will be doing for us today.
Quinn Paul: Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill — Second Reading 
Text is incorporated into the Bound Volume 
Quinn Paul: Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill — Second Reading 
[Sitting date: 09 December 2010. Volume:669;Page:16243. Text is incorporated into the Bound Volume.] 
PAUL QUINN (National) 
: 
 It gives me great pleasure to stand and speak very briefly to the Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill. Once again very little needs to be said in this reading simply because as all those who have read the amended version of the bill and the report accompanying it will see this bill has been reported back to the House with the unanimous support of the Justice and Electoral Committee. Given that that is the case I have nothing further to say. Thank you.
Voting — Correction—State Sector Management Bill 
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Voting — Correction—State Sector Management Bill 
[Sitting date: 09 December 2010. Volume:669;Page:16314. Text is incorporated into the Bound Volume.] 
Voting 
Correction—State Sector Management Bill 
Hon STEVE CHADWICK (Junior Whip—Labour) 
: 
 I wish to correct the vote this morning from the Progressive Party. 
Mr DEPUTY SPEAKER 
: On which bill was this? 
Hon STEVE CHADWICK 
: The vote on the second reading of the State Sector Management Bill and the vote on the majority amendments recommended by Education and Science Committee. I seek leave to withdraw the Progressive vote. 
Mr DEPUTY SPEAKER 
: Leave is sought for that purpose. Is there any objection? There is no objection. The record will be amended.
Voting — Correction—Smoke-free Environments (Controls and Enforcement) Amendment Bill Correction—State Sector Management Bill 
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Voting — Correction—Smoke-free Environments (Controls and Enforcement) Amendment Bill Correction—State Sector Management Bill 
[Sitting date: 09 December 2010. Volume:669;Page:16309. Text is incorporated into the Bound Volume.] 
Voting 
Correction—Smoke-free Environments (Controls and Enforcement) Amendment Bill 
Hon JOHN BOSCAWEN (Whip—ACT) 
: 
 I seek leave to amend the ACT Party’s vote on the Smoke-free Environments (Controls and Enforcement) Amendment Bill. There was a split vote. We were entitled to cast only four votes. The vote now stands at two votes in favour and two votes against. 
Mr DEPUTY SPEAKER 
: Leave is sought to correct the record. Is there any objection? There is no objection. The record will be corrected. 
Correction—State Sector Management Bill 
Hon DARREN HUGHES (Senior Whip—Labour) 
: 
 In a similar vein I seek leave to correct a voting tally. A vote was cast this morning for the Progressive Party—for the Hon Jim Anderton—and that vote was cast in error. I seek leave for that vote to be deleted from the record. 
Chris Tremain 
: Which particular bill was it? 
Hon DARREN HUGHES 
: It was just one vote. 
Mr DEPUTY SPEAKER 
: He cast only one vote. Does the member know which one it was? 
Hon DARREN HUGHES 
: Well there have been so many but it was one this morning. 
Mr DEPUTY SPEAKER 
: The Clerk is happy to look for that and correct it. 
Hon DARREN HUGHES 
: It just needs to be twinked out I think is the term. 
Mr DEPUTY SPEAKER 
: As you say.
Points of Order — Parliamentary Complex Staff—Expression of Thanks 
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Points of Order — Parliamentary Complex Staff—Expression of Thanks 
[Sitting date: 09 December 2010. Volume:669;Page:16243. Text is incorporated into the Bound Volume.] 
Thursday 9 December 2010 
( 
continued on Saturday 11 December 2010 
) 
Points of Order 
Parliamentary Complex Staff—Expression of Thanks 
Hon DARREN HUGHES (Senior Whip—Labour) 
: 
 I raise a point of order Mr Speaker. I ask your indulgence before the day descends into a total shambles to recognise and thank all the workers in the parliamentary complex who have come in on a Saturday to serve our members of Parliament through until midnight. We deeply appreciate the work they will be doing for us today. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: Although the member’s sentiments are heartfelt and are shared by everybody that is not a point of order. 
Hon Trevor Mallard 
: You used to be on the side of the workers. 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I see that that member wants an early shower or maybe a requirement for him to be in the House until midnight reading his own speeches.
Mallard Trevor: Education Amendment Bill (No 2) — In Committee 
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Mallard Trevor: Education Amendment Bill (No 2) — In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16322. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I seek leave to suspend Standing Order 256 relating to omnibus bills to allow the Committee of the whole House on the Education Amendment Bill (No 2) to consider an amendment in my name that proposes amendments to the Health and Safety in Employment Act 1992. 
Mr DEPUTY SPEAKER 
: Leave is sought for that purpose. Is there any objection? There is no objection.
Boscawen John: Voting — Correction—Smoke-free Environments (Controls and Enforcement) Amendment Bill Correction—State Sector Management Bill 
Text is incorporated into the Bound Volume 
Boscawen John: Voting — Correction—Smoke-free Environments (Controls and Enforcement) Amendment Bill Correction—State Sector Management Bill 
[Sitting date: 09 December 2010. Volume:669;Page:16309. Text is incorporated into the Bound Volume.] 
Hon JOHN BOSCAWEN (Whip—ACT) 
: 
 I seek leave to amend the ACT Party’s vote on the Smoke-free Environments (Controls and Enforcement) Amendment Bill. There was a split vote. We were entitled to cast only four votes. The vote now stands at two votes in favour and two votes against. 
Mr DEPUTY SPEAKER 
: Leave is sought to correct the record. Is there any objection? There is no objection. The record will be corrected.
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16308. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 43 
New Zealand Labour 38; Green Party 5. 
Noes 65 
New Zealand National 57; ACT New Zealand 4; Maori Party 3; United Future 1. 
Amendment not agreed to. 
The question was put that the following amendment in the name of Grant Robertson to Part 3 be agreed to: 
to insert the following clause after clause 40: 
40AFunctions and duties of Chief Archivist 
Section 11(1)(c) is amended by adding the following subparagraph: 
“(iv)to advise and assist the Minister in matters relating to archives”.
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16307. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the question be now put. 
Ayes 65 
New Zealand National 57; ACT New Zealand 4; Maori Party 3; United Future 1. 
Noes 43 
New Zealand Labour 38; Green Party 5. 
Motion agreed to. 
The question was put that the following amendment in the name of Grant Robertson to clause 38 be agreed to: 
to omit from subclause (1) “repository” and substitute “government agency”.
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Vote: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16294. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That Part 2 as amended be agreed to. 
Ayes 67 
New Zealand National 58; ACT New Zealand 5; Maori Party 3; United Future 1. 
Noes 44 
New Zealand Labour 38; Green Party 6. 
Part 2 as amended agreed to.
Mallard Trevor: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Mallard Trevor: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16257. Text is incorporated into the Bound Volume.] 
Hon TREVOR MALLARD (Labour—Hutt South) 
: 
 I raise a point of order Mr Speaker. I think it is a slight extension of the previous point of order. It goes to the question of the history of the moving at this stage of the debate of motions that have certainly not been by leave that have extended the scope of the bill. That has happened on dozens of occasions since I have been a member of Parliament. Generally it is within the field of the bill but the extension is for something that would not have otherwise been allowed. 
If you are ruling in this way I think you are setting a very dangerous precedent whereby Governments will not be able to extend the scope of bills. I can remember during the whole State sector reorganisation when much more major things came in at this late stage of the bill.
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
Text is incorporated into the Bound Volume 
Barker Rick: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16256. Text is incorporated into the Bound Volume.] 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I say to members— 
Hon Trevor Mallard 
: Speaking to the point of order— 
The ASSISTANT SPEAKER (Hon Rick Barker) 
: I am entitled to make a ruling. It is the Speaker’s prerogative. I do not need any particular assistance on this matter thank you. Fortunately we have had some time to think about this matter in advance. The point of Mr Mallard’s instruction is that it proposes to set an amendment that seeks to amend the bill to allow for amendment to the functions of the Tertiary Education Commission as set out in the Education Act 1989 by removing the commission’s role as a policy adviser to the Minister for Tertiary Education. Mr Mallard’s instruction proposes an amendment that is foreign to the bill and if it is foreign to the bill it is not a proper instruction. It is therefore out of order.
Lotu-Iiga Sam: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
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Lotu-Iiga Sam: State Sector Management Bill — Second Reading Instruction to Committee In Committee 
[Sitting date: 09 December 2010. Volume:669;Page:16255. Text is incorporated into the Bound Volume.] 
PESETA SAM LOTU-IIGA (National—Maungakiekie) 
: 
 I rise to support the State Sector Management Bill. This bill amalgamates a number of existing agencies. What do we get from that? We achieve gains in terms of financial and operational efficiencies. It is about improving effectiveness through synergies within those departments. But the best thing this bill does is guarantee the future viability of these agencies. We have inherited a financial mess from the last Labour Government. The amalgamations will improve services within existing baselines and will reduce those costs in the short to medium term. On that basis I commend this bill to the House.
Goodhew Jo: Sittings of the House 
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Goodhew Jo: Sittings of the House 
[Sitting date: 07 July 2011. Volume:673;Page:19937. Text is incorporated into the Bound Volume.] 
JO GOODHEW (Junior Whip—National) 
: 
 I seek leave given the progress we have made for the House to rise a little early this evening. 
Mr DEPUTY SPEAKER 
: Leave is sought for that purpose. Is there any objection? There is no objection.
Williamson Maurice: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
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Williamson Maurice: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19936. Text is incorporated into the Bound Volume.] 
Hon MAURICE WILLIAMSON (Minister for Building and Construction) 
: 
 I will speak very briefly because Part 2 is about the smallest part that one could ever get in legislation. It is just two clauses relating to a consequential amendment to and the relationship with the Public Finance Act. Clause 7 “Consequential amendment to Public Finance Act 1989” amends the Public Finance Act. Clause 7(2) states: “The definition of ‘public security’ in section 65D(2) is amended by omitting ‘or the Crown Retail Deposit Guarantee Scheme Act 2009’ and substituting ‘ the Crown Retail Deposit Guarantee Scheme Act 2009 or section 125G of the Weathertight Homes Resolution Services Act 2006’.” It is a very technical amendment. I do not think members will have any great concern about this particular part. 
Part 2 agreed to.
Vote: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
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Vote: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19936. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 51 
New Zealand Labour 41; Green Party 8; Progressive 1; Independent: Carter C. 
Noes 67 
New Zealand National 58; ACT New Zealand 5; Maori Party 3; United Future 1. 
Amendment not agreed to. 
Part 1 agreed to.
Vote: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
Text is incorporated into the Bound Volume 
Vote: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19935. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 51 
New Zealand Labour 41; Green Party 8; Progressive 1; Independent: Carter C. 
Noes 67 
New Zealand National 58; ACT New Zealand 5; Maori Party 3; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 252 in the name of Phil Twyford to clause 6 be agreed to.
Vote: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
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Vote: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19935. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 51 
New Zealand Labour 41; Green Party 8; Progressive 1; Independent: Carter C. 
Noes 67 
New Zealand National 58; ACT New Zealand 5; Maori Party 3; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 250 in the name of Phil Twyford to omit section 125F and substitute new section 125F in clause 6 be agreed to.
Vote: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
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Vote: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19935. Text is incorporated into the Bound Volume.] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 51 
New Zealand Labour 41; Green Party 8; Progressive 1; Independent: Carter C. 
Noes 67 
New Zealand National 58; ACT New Zealand 5; Maori Party 3; United Future 1. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 253 in the name of Phil Twyford to clause 6 be agreed to.
Williamson Maurice: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
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Williamson Maurice: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19932. Text is incorporated into the Bound Volume.] 
Hon MAURICE WILLIAMSON (Minister for Building and Construction) 
: 
 I will take a very quick call on Part 1 of the Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill to respond to Sue Kedgley’s question about the 10-year limitation period because it is a very important point. The 10-year limitation period has been reviewed several times in things like the Building Act the Weathertight Homes Resolution Services Act and so on in the past few years and it has been found to be a sound and appropriate level. One cannot sue a local authority over a building that is more than 10 years old. The most recent review was the Limitation Act 2010 which was passed by Parliament last year. It left the 10-year longstop in the Weathertight Homes Resolution Services Act 2006. So the 10-year limitation period is a well-established level. We would be changing a whole lot of the ground rules—we would have to go back and change the Weathertight Homes Resolution Services Act and everything it is founded on as well—if we were to now take out the 10-year limitation period. It is clear that most of the damage appears in a building long before it is 10 years old. 
Councils would not be liable so they could not be brought into this legislation. I am also told by a number of the assessors that it is really difficult to determine the extent of damage that has been caused by weathertight issues versus other possible causes like a lack of maintenance and so on if the limitation period goes for too long. Houses need to be maintained. We found a house that had a serious problem because the homeowner had never cleaned the spouting. The spouting was jammed with leaves. It was blocked rock solid. Any water that came off the roof went straight through the eaves and into the back of the house. If the homeowner had done some reasonable maintenance there would not have been a problem. 
We have a period of time. We have to get to a limit and say that that is it. The 10-year limit is well tried and well tested. I would not want to be a Minister who tinkered about with it given that it has been looked at so many times. We are maintaining that 10-year limit. The good news for anybody who is worried about getting to the 10-year point or thinking that they are close to it—even as of last May when we made the announcement in all of our material—or if people are worried they will hit the deadline they should register with the Weathertight Homes Tribunal and we will stop the clock on the day they register.
Williamson Maurice: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
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Williamson Maurice: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19930. Text is incorporated into the Bound Volume.] 
Hon MAURICE WILLIAMSON (Minister for Building and Construction) 
: 
 I do not want to be a perpetual jack-in-the-box but I will just respond to Phil Twyford’s comments about immunity. I think it is very important that members of this Committee understand that the Department of Building and Housing assessors have always been immune from proceedings relating to their functions under the Weathertight Homes Resolution Services Act 2006—the Act that the Labour Government passed. Assessors’ immunity is critical to the delivery of the financial assistance package under the Weathertight Homes Resolution Services Act. Assessors would not perform their role if they risked being joined in litigation about the leaky homes issue. Immunity also helps to ensure their independence and the objectivity of their assessment. All I can say is this bill is not affecting immunity. In fact if we wanted to take away the immunity of those assessors who are going in— 
Phil Twyford 
: So why should builders? 
Hon MAURICE WILLIAMSON 
: The member asks about builders. Many of those have a vested interest in making money and so on. The assessors from the Department of Building and Housing are not there to make money or whatever else; they are there to provide what I think is a public service role. If we wanted to do what the member wants we would have to actually remove the immunity from the principal Act rather than from this bill because this bill is not adding it. That means we would have to go back and say that Labour got it wrong in its 2006 Act. I do not think it did.
Wagner Nicky: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
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Wagner Nicky: Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill — In Committee 
[Sitting date: 07 July 2011. Volume:673;Page:19928. Text is incorporated into the Bound Volume.] 
NICKY WAGNER (National) 
: 
 The Weathertight Homes Resolution Services (Financial Assistance Package) Amendment Bill will be a relief to very many people who have leaky homes. It has been very interesting to listen to the previous member speaking the Hon Maurice Williamson who has sponsored this bill. 
Leaky homes as we all know have been a longstanding problem. This problem arose probably between 1992 and 2005 and well over 40000 houses across New Zealand have been affected. That number may still increase. Despite the anguish of numerous families coping with damaged wet and unhealthy homes no effective action was taken by the Labour Government. It did introduce legislation to set up the Weathertight Homes Resolution Service but that body ended up bogged down in expensive lengthy disputes and very few houses got through the process and were actually fixed. One of the first things that National did when it came into Government was to commission a report by PricewaterhouseCoopers which identified and quantified the barriers to getting houses fixed. It was revealed that only about 3000 homes had actually been repaired at that date. Labour’s system had been money hungry excruciatingly slow and uncertain and it just added to the stress of homeowners. 
National decided there had to be a better way. The Minister for Building and Construction appalled by the waste of resources going into disputes chose a collaborative model. Today we are able to offer a financial package that gets houses repaired and allows people to move on with their lives. Local government and central government will pay 25 percent each towards repairs and the homeowner will be responsible for the other 50 percent. The Government will provide a loan guarantee underwritten by the Crown that will cover that 50 percent as long as the owners meet the lending criteria. 
Let me make it clear that no one will be compelled to take up this offer but it is another option for people who have really suffered this uncertainty and who want to get some resolution in their lives. The package will be available for 5 years and the Government expects to pay out about $1 billion to help families over that time. I believe that at long last we will be able to slam the door on leaky homes in New Zealand.
Robertson H V Ross: Third Readings — 
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Robertson H V Ross: Third Readings — 
[Sitting date: 07 July 2011. Volume:673;Page:19913. Text is incorporated into the Bound Volume.] 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I call the honourable member Raymond Huo. Ni hao ma.
Ardern Shane: Third Readings — 
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Ardern Shane: Third Readings — 
[Sitting date: 07 July 2011. Volume:673;Page:19913. Text is incorporated into the Bound Volume.] 
SHANE ARDERN (National—Taranaki - King Country) 
: 
 I rise in support of these bills which were formerly part of the Courts and Criminal Matters Bill. I am a member of the Law and Order Committee and I congratulate the officials and the members of the committee particularly the former Minister for Courts the Hon Rick Barker who made a substantial contribution on that committee. Like the previous speaker Rahui Katene I also pay homage I guess or recognition to the current Minister for Courts who has shepherded to this stage what has been very challenging legislation. 
At the moment young people and not so young people owe the State $672.2 million in outstanding fines. This Government wants to send a very clear message to those people that if they break the law or infringe against the State there will be repercussions. For that reason and because such good work has been done by the select committee and the Parliament this legislation has my full support.
Dean Jacqui: Third Readings — 
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Dean Jacqui: Third Readings — 
[Sitting date: 07 July 2011. Volume:673;Page:19908. Text is incorporated into the Bound Volume.] 
JACQUI DEAN (National—Waitaki) 
: 
 The legislation will enhance the courts’ powers to collect fines reparation payments and civil debt and will strengthen enforcement measures available when people do not arrange or continue to pay outstanding moneys as ordered by the courts. I thank all those involved including the Law and Order Committee and commend the legislation to the House.
Ross Jami-Lee: Questions for Oral Answer — Questions to Ministers 
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Ross Jami-Lee: Questions for Oral Answer — Questions to Ministers 
[Sitting date: 07 July 2011. Volume:673;Page:19902. Text is incorporated into the Bound Volume.] 
11. 
JAMI-LEE ROSS (National—Botany) 
 to the  
Minister of Broadcasting 
: What recent announcements has the Government made on progress towards digital switchover? 
Hon Dr JONATHAN COLEMAN (Minister of Broadcasting) 
: 
 Recently the Government confirmed the dates and timing for completing the switch to digital television across the country as well as the extension of digital terrestrial transmission work from 75 percent to 87 percent of the population and an $850000 assistance package for regional broadcasters. 
Jami-Lee Ross 
: What are the benefits of the switch to digital television for New Zealand? 
Hon Dr JONATHAN COLEMAN 
: In addition to enhanced reception and better picture quality— 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. Just to be a little bit helpful to members on this side I am not sure whether the member’s microphone is pointing in the right direction but it does not appear to be— 
Mr SPEAKER 
: I just ask the member to speak a little closer to the microphone. If the Hon Jonathan Coleman could start his answer again. 
Hon Dr JONATHAN COLEMAN 
: I do not think it is me Mr Speaker quite frankly. In addition to enhanced—[ 
Interruption 
] In addition— 
Chris Hipkins 
: That’s what he said about Mt Albert too! 
Hon Dr JONATHAN COLEMAN 
: That is it. You have had my answer. 
Mr SPEAKER 
: No no. If the Minister could please answer the question and start again. 
Hon Dr JONATHAN COLEMAN 
: In addition to enhanced reception and better picture quality the spectrum will be ideal for fourth-generation mobile technologies which provide access to faster mobile broadband services with improved coverage. The total economic benefits are estimated to be between $1.1 billion and $2.4 billion over 20 years. 
Rahui Katene 
: What will be the financial impact on families of making the digital switchover and what is the Government doing to mitigate this impact? 
Hon Dr JONATHAN COLEMAN 
: The costs of going digital vary depending on location and the equipment people need but 77 percent of New Zealand households already have digital television. Any television can be converted to digital with a set top box which can be bought at The Warehouse for as little as $79. The Government is yet to take any decisions on the possible form of any assistance package.