Vote: Appropriation (Parliamentary Expenditure Validation) Bill — In Committee Speaker Recalled In Committee Third Reading 
Vote: Appropriation (Parliamentary Expenditure Validation) Bill — In Committee Speaker Recalled In Committee Third Reading 
[Volume:634;Page:5881] 
A party vote was called for on the question  
That the question be now put. 
Ayes 67 
New Zealand Labour 50; New Zealand First 7; Green Party 6; United Future 3; Progressive 1. 
Noes 48 
New Zealand National 48. 
Motion agreed to. 
The CHAIRPERSON (H V Ross Robertson) 
: The first amendments are to clause 5(b) to add subparagraph (iv) in the names of the honourable members Dr Jonathan Coleman Jacqui Dean Nathan Guy Craig Foss Nicky Wagner Colin King Chris Tremain Kate Wilkinson Chris Auchinvole David Bennett Paula Bennett Dr Jackie Blue Chester Borrows and John Hayes. Those particular amendments are out of order as they are outside the scope of the bill. 
The question was put that the following amendment in the name of Christopher Finlayson be agreed to: 
to insert the following new clauses: 
5ARepayment 
(1)Any expenditure under Vote Parliamentary Service for the financial years 2004/05 to 2005/06 which was outside the scope of an appropriation or was not made in relation to an appropriation must be repaid to the Parliamentary Service by the party which incurred that expenditure: 
(a)on or before 31 December 2006; 
(b)together with interest. 
(2)If any party neglects or refuses to pay back any expenditure under Vote Parliamentary Service for the financial years 2004/05 to 2005/06 which was outside the scope of an appropriation or was not made in relation to an appropriation notwithstanding that it may have been validated under section 5 together with interest thereon on or before 31 December 2006 then that party will become liable to pay a penalty of $500000 which penalty must paid on or before 30 June 2007. 
(3)If any party is required to pay a penalty in the circumstances outlined in subclause (2) hereof it shall not by reason of having to pay a penalty be relieved of any obligation to repay that expenditure together with interest to date of payment. 
(4)If after 30 June 2007 any party continues to refuse or neglect to repay any expenditure together with interest and a penalty then the Speaker of the House of Representatives must forthwith appoint a manager who shall take whatever steps he or she considers necessary in accordance with the law to ensure that any expenditure is repaid to the Parliamentary Service. Such steps may include: 
(a)the power to sequester the assets of the party and its Parliamentary representatives; 
(b)the power to institute bankruptcy proceedings against any or all Parliamentary representatives of that party; and 
(c)any other powers and authorities exercisable by receivers and liquidators. 
(5)For the purposes of subclause (4) the liability of any Parliamentary representative for that expenditure shall be joint and several. 
(6)In this section unless the context otherwise requires: 
Date of payment 
 means on or before 31 December 2006 or the date of actual payment whichever is the later. 
Interest 
 means interest at the rate prescribed by section 87 of the Judicature Act 1908 (which interest is to be calculated from 12 October 2006 being the date of presentation to the House of Representatives of the report by the Controller and Auditor-General on advertising expenditure incurred by the Parliamentary Service in the three months before the 2005 General Election to date of payment). 
5BReporting 
On the repayment of expenditure (including interest and any penalty) whether as a result of the appointment of a manager in accordance with section 5A above or otherwise the Speaker of the House of Representatives must report to the House of Representatives both the fact of the repayment and the amount that was paid including a detailed breakdown of the way in which the amount paid was calculated.