McAnulty KieranSEVERE WEATHER EMERGENCY RECOVERY LEGISLATION BILLFirst ReadingHon KIERAN McANULTY (Minister for Emergency Management): Thank you Madam Speaker. After discussions at the Business Committee I present a legislative statement on the Severe Weather Emergency Recovery Legislation Bill.ASSISTANT SPEAKER (Hon Jacqui Dean): That legislative statement is published under the authority of the House and can be found on the Parliament website. Hon KIERAN McANULTY: I move That the Severe Weather Emergency Recovery Legislation Bill be now read a first time. I nominate the Governance and Administration Committee to consider the bill and at the appropriate time I intend to move that the bill be reported to the House by 5 April 2023 and that the committee have authority to meet at any time while the House is sitting (except during oral questions) during any evening on a day in which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House and outside the Wellington area despite Standing Orders 193 195 and 196.The purpose of this omnibus bill is to assist local authorities and communities in areas affected by the recent severe weather events in the North Island. These events have caused widespread damage to the natural and built environment including land waterways infrastructure roading businesses and homes. Most of the affected areas are now moving away from the initial and immediate emergency response and into the recovery phase. As the recovery progresses we expect that the needs of our communities will be more varied and complex. The Government is committed to facilitating the recovery of those affected by the recent severe weather events. This bill will provide real assistance to anyone who has suffered as a result of those recent events. We know it will take considerable time before the extent of the damage is understood and in time it will become clear what communities need to support their recovery. We need to make sure those recovery efforts are not held back by the existing legislative framework and that the actions needed to support the recovery can happen as quickly and efficiently as possible. That is why we recently passed the Severe Weather Emergency Legislation Act. That Act made urgently needed changes to statutes and ensured emergency powers are available and can be carried out efficiently when needed. This bill sits alongside that Act. It represents a further step in our efforts to support a timely and effective recovery. It acknowledges our experience with previous emergencies such as the earthquakes in Canterbury and Kaikōura which required urgent legislation to change existing legislative constraints to support recovery. In particular the Hurunui/Kaikōura Earthquakes Recovery Act 2016 permitted Orders in Council to be used to amend legislation so that coastal road and rail networks could be repaired as quickly as possible. The bill proposes allowing Orders in Council to be used to amend legislation where this would support more timely recovery efforts in affected areas. Under this proposal the Governor-General will have the power to make Orders in Council on the recommendation of the relevant Minister to exempt modify or extend provisions of legislation that are specified in the bill. This flexibility will help communities react quickly to the range of issues that could arise during the course of recovery efforts without needing to anticipate every power or statutory provision that may need to be amended. This flexibility was an important component of the response to and recovery from the Kaikōura earthquake and we want to provide the same flexibility to all areas affected by the recent weather events.Although not done lightly I acknowledge it is constitutionally unusual for primary legislation to be amended by secondary legislation. This provides the executive branch of Government with significant powers ordinarily exercised only by this House. The bill puts in place a range of safeguards to ensure the Orders in Council mechanism is used appropriately. These safeguards are an important feature of the bill and are similar to those put in place for the use of Orders in Council after the Kaikōura earthquake. The relevant Minister can only recommend an Order in Council if satisfied that it is necessary or desirable for one or more of the purposes of the bill and not broader than necessary. Orders cannot amend key legislation forming part of our fundamental democratic and constitutional arrangements such as the Constitution Act the Electoral Act and the New Zealand Bill of Rights Act. The Order in Council also cannot unjustifiably limit rights and freedoms in the New Zealand Bill of Rights Act. The draft Order in Council must be reviewed by an independent panel established under the bill. The Minister must consider appointing members with experience and knowledge of local Māori communities as well as legal environmental emergency response and local government expertise. I note in particular how the bill clearly lays out the process for engaging with local Māori and local community groups about proposed Orders in Council. Unless circumstances are sufficiently urgent or make engagement impracticable the relevant Minister must engage with people the Minister considers appropriate including local Māori and local community groups about a proposed Order in Council in accordance with the engagement processes set out in the bill. A draft of the order must also be provided to the Regulations Review Committee or if this is not practicable to the leaders of parliamentary political parties. The bill also requires the reasons for the making of Orders in Council to be published alongside the orders with Ministers keeping any orders made under review. A report must be made to the House at least every six months about any orders made under this bill.As I have already mentioned this bill is based on the Hurunui/Kaikōura Earthquakes Recovery Act 2016. We are building on the example of the Act in a number of areas. The bill does not contain an ouster clause which means courts retain the power to test the Minister's recommendations and decisions. Increased Māori engagement during the development of Orders in Council is another area where we are building on the example of the Hurunui/Kaikōura legislation. For example the purpose clause signals the Act's intent of providing opportunities for local Māori and local community group participation while balancing this against the need for timely recovery. In addition the engagement clauses signpost to relevant Ministers to consider whether engagement with local Māori and community groups is appropriate when considering relevant persons for engagement given the effect of the order unless it is not appropriate and the circumstances for this situation is urgent.The bill is an omnibus bill. It makes amendments to the Local Government Act and the Local Government (Auckland Council) Act. These amendments provide affected local authorities with appropriate further urgent relief from normal obligations to support the recovery efforts because they cannot wait for the ability to use the Order in Council mechanism created by this bill. The bill also amends the Resource Management Act (RMA) in two respects: the first amendment will ensure that ngā hapū o Ngāti Porou are notified and their written permission is sought if any activity is on or will impact on ngā rohe moana o ngā hapū o Ngāti Porou as indicatively shown in Schedule 3 of the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Act 2019. The ngā rohe moana statutory overlay is not Treaty redress and although it has similar practical effect to a statutory acknowledgment it is not covered by the definition in the Severe Weather Emergency Legislation Act. The second amendment adds Manawatū and Rangitīkei districts to the list of regions and districts defined as affected areas. I anticipate this will get broad support across the House which can use the modified RMA processes set out in the Severe Weather Emergency Legislation Act. These areas receive similar rainfall events to the areas specified in the Act and emergency work is needed. The extent to which this work is required only became clear following the passage of the Act which is why this amendment is being included in the bill. The bill is temporary and will be in force only as long as required to support the efforts necessary for an efficient recovery. Any Orders in Council made under this bill must be made no later than the end of March 2026. Those orders will be automatically revoked by the end of March 2028 unless revoked earlier. The provisions of this bill will be repealed in stages with any provisions not earlier repealed to be automatically repealed at the end of March 2028.I want to acknowledge that the bill is being progressed through the House at great speed. The Government recognises that passing legislation at speed reduces the ability for the public to submit on the bill and for scrutiny by a select committee to occur. However speed is critical as recovery efforts will likely encounter substantive repair and rebuild issues and individuals and businesses may face regulatory requirements that they struggle to meet. I consider that a shortened parliamentary process is justified for these changes. Finally I want to acknowledge the cooperative spirit of this House in passing the Severe Weather Emergency Legislation Act and I look forward to the House continuing to work collaboratively and constructively to progress this bill. Cyclone Gabrielle Cyclone Hale and the Auckland floods have been devastating for our communities and it is vital that we have the tools we need to support people to recover as quickly as possible. This bill is another step we can take to support those impacted by those devastating severe weather events and I am pleased to commend the bill to the House.ASSISTANT SPEAKER (Hon Jacqui Dean): The question is that the motion be agreed to.