edithatogo/nz-hansard-corpus huggingface dataset:
Warren-Clark AngieANGIE WARREN-CLARK (Labour): Thank you Mr Speaker. Again I am delighted as well as my colleague Glen Bennett to stand and take a call on this bill. I wasn't a member of the Economic Development Science and Innovation Committee; however I will say that I have had the pleasure of working with the Hon James Shaw on climate change legislation and I know how complex it gets. So I do acknowledge his expertise as well as the Hon David Clark for the work that he has done on this bill to bring it to the House and to get it through in what is I guess an extremely important area for us all. When I read this legislation I thought about climate change and I thought about what I as a person could do to support the elimination of climate change or the changing so that we don't get past that 1.5 degrees heating. And one of the things is if I am lucky enough to have funding or lucky enough to have money to invest I'd like to know where that money goes. I'd like to know that it's ethical. I'd like to know that perhaps when I put that money into something that it isn't going to disappear with stranded assets or shall we say go into something that I think is perhaps now no longer a useful investment but also for me perhaps something that I'm not happy to invest in morally or ethically as well. So what this bill does is it makes it really clear makes it really transparent that large banks large insurers large managers of managed investment schemes will disclose where they're investing and what they're investing in. So the information is going to be consistent comparable reliable and clear. It's going to tell us where that money's going and it is going to be a great tool to change the way that we think about our money and we think about our investments. I commend it to the House.
Bennett GlenGLEN BENNETT (Labour—New Plymouth): Kia ora Mr Speaker. Thank you for the opportunity to speak on a wonderful day in this House where we can support the Financial Sector (Climate-related Disclosures and Other Matters) Amendment Bill.Now it's also an awesome day when you can see the Minister of Consumer and Commerce Affairs and the Minister of Climate Change come together to work on legislation for our future work on legislation for the betterment of our environment and our climate. It's been a pleasure to be part of the Economic Development Science and Innovation Committee that has tracked with this legislation has moved its way through.I want to say a huge thankyou this afternoon to the Ministry of Business Innovation and Employment for their hard work as well as the Ministry for the Environment but particularly—and I know that the Hon Minister David Clark said earlier that he wanted to thank the principal policy adviser Geoff Connor. Now Geoff Connor was a champion of this piece of legislation. He walked us guided us pushed back encouraged and explained all those tiny and huge questions we had. Geoff is now retired with this piece of legislation as part of his legacy and the work that he's done. So thank you to Geoff Connor for the work that you did for us in this piece of legislation.But I'm really grateful today that this legislation ensures that our financial organisations disclose and that they take action against climate-related risks and opportunities. Now the Chartered Accountants Australia and New Zealand said New Zealand retail investors want climate clarity"—want climate clarity—and this piece of legislation gives that clarity. So as a member of the select committee I'm grateful to the work that we did the work that this House did the work that our Ministers have done and I am glad that we're the first country in the world to bring this into law and on that I commend this bill to the House."
Points of Order — Standing Orders—COVID-19 Vaccination
Waititi Rawiri; Mallard TrevorPOINTS OF ORDERCOVID-19 VaccinationRAWIRI WAITITI (Co-Leader—Te Paati Māori): Point of order Mr Speaker. I'm bringing up a point of order at my earliest convenience after reading through the Standing Orders. A comment you made Mr Speaker around a member a kaumātua advising Māori not to take the vaccination when in actual fact there is an article in the Waateanews.com if that's not a viable source of report where Mr Bird says My body is my body. It belongs to me. It does not belong to the State. I will make the decision for myself. I have my own mind. I am te mana motuhake." Not once in that article does he talk about advising Māori not to take the vaccine. He is pro—SPEAKER: Order! Order! The member will resume his seat. If the member wants to take that matter up with me further and we can I'm sure produce other reports I don't want to undermine Waatea News but it's not my general place of reading and therefore I was not relying on that report. I'm just saying because there appear to be another couple of members who feel like giving assistance on this matter don't try it."
Points of Order — Speaker's Rulings—Interpretation of Business Attire""
Seymour David; Mallard TrevorSPEAKER'S RULINGSInterpretation of Business Attire"DAVID SEYMOUR (Leader—ACT): Point of order Mr Speaker. I seek your assistance in interpreting a Speaker's ruling 17/7. I know you may not be used to being asked for sartorial advice but are Air Jordans an example of business attire?SPEAKER: Well I'd tend to say it would depend on the business you were in. The business which Air Jordans are normally associated with in my interpretation is not quite the business that we expect to take part in these precincts. I am however taking a lot of care around further interpretation of sartorial elegance and business attire in the House. I think it is a case of twice burnt I'm not going to do it again."
Hipkins ChrisBUSINESS STATEMENTHon CHRIS HIPKINS (Leader of the House): Thank you Mr Speaker. Next week the House will consider the first readings of the Data and Statistics Bill the Pae Ora (Healthy Futures) Bill the Remuneration Authority Legislation Bill the Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill and the Retail Payment System Bill; and further stages of the COVID-19 Response (Management Measures) Legislation Bill; the Films Videos and Publications Classification (Urgent Interim Classification of Publications and Prevention of Online Harm) Amendment Bill; the Maritime Transport (MARPOL Annex VI) Amendment Bill; and the Mental Health (Compulsory Assessment and Treatment) Amendment Bill. Wednesday's sitting will be extended into Thursday morning.
Rurawhe AdrianTHURSDAY 21 OCTOBER 2021The Speaker took the Chair at 2 p.m.KARAKIA/PRAYERSADRIAN RURAWHE (Deputy Speaker): Kia tau anō te rangimārie ki a tātou. Kia inoi tātou. E te Atua kaha rawa ka tuku whakamoemiti atu mātou mō ngā karakia kua waihotia mai ki runga i a mātou. Ka waiho i ō mātou pānga whaiaro katoa ki te taha. Ka mihi mātou ki te Kuīni me te inoi atu mō te ārahitanga i roto i ō mātou whakaaroarohanga kia mōhio ai kia whakaiti ai tā mātou whakahaere i ngā take o te Whare nei mō te oranga te maungārongo me te aroha o Aotearoa. Amene.[Let peace be upon us. Let us pray. Almighty God we give thanks for the blessings which have been bestowed on us. Laying aside all personal interests we acknowledge the Queen and pray for guidance in our deliberations that we may conduct the affairs of this House with wisdom and humility for the welfare peace and compassion of New Zealand. Amen.]
Wednesday 20 October 2021 - Volume 755
Freedom Camping (Infringement Offences and Other Matters) Amendment Bill — First Reading
VoteA party vote was called for on the question That the Freedom Camping (Infringement Offences and Other Matters) Amendment Bill be now read a first time.Ayes 45New Zealand National 33; ACT New Zealand 10; Te Paati Māori 2.Noes 75New Zealand Labour 65; Green Party of Aotearoa New Zealand 10.Motion not agreed to.
VoteA party vote was called for on the question That the Arms (Firearms Prohibition Orders) Amendment Bill (No 2) be now read a second time.Ayes 43New Zealand National 33; ACT New Zealand 10.Noes 77New Zealand Labour 65; Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Motion not agreed to.
Arms (Firearms Prohibition Orders) Amendment Bill (No 2) — Second Reading
10. Question No. 10—COVID-19 ResponseCHRIS BISHOP (National) to the Minister for COVID-19 ResponseQuestion No. 10—COVID-19 Response10. CHRIS BISHOP (National) to the Minister for COVID-19 Response: How many fully vaccinated people if any have tested positive for COVID-19 in managed isolation and quarantine since 23 August 2021 and on what days in managed isolation and quarantine did they test positive?Hon CHRIS HIPKINS (Minister for COVID-19 Response): I'm advised that 19 fully vaccinated people have tested positive for COVID-19 who arrived from overseas into managed isolation and quarantine (MIQ) between 24 August and 12 October which is the latest date of data that I've got available for vaccination status. Three of these individuals tested positive on day zero 10 on day three four on day six one on day eight and one on day nine. For the sake of completeness in addition to that approximately 180 individuals have entered MIQ from the community and subsequently returned a positive test whilst in MIQ since 23 August.Chris Bishop: With just two people who are fully vaccinated testing positive for COVID-19 in MIQ at day eight or beyond out of the over 6000 I think people who have been through MIQ since 23 August does that not indicate that shorter MIQ periods are now appropriate for fully vaccinated travellers?Hon CHRIS HIPKINS: It does indicate that the Government should be considering that and that is exactly what we are doing.Chris Bishop: Is it correct that the managed isolation and quarantine system wanted to collect vaccination status data earlier than 23 August but the Ministry of Health did not agree?Hon CHRIS HIPKINS: That issue has certainly not been raised with me up until now.Chris Bishop: Well why did the Government only start collecting the vaccination status of people in MIQ from 23 August onwards when it's pretty clear from what the Minister has just said that the data that we've collected since that date has been extremely useful in framing up policy parameters?Hon CHRIS HIPKINS: I think there are probably a variety of reasons. We made the decision to start collecting data when we got to the point where we wanted to assess what difference vaccination was making on the rate of positive cases that we were having coming into the country and that included introducing the additional testing requirement. So we introduced the additional testing requirement so that we could do exactly what the member has just asked us to do which is chart out exactly where in that sort of 14-day cycle we were picking up the majority of cases because one of the issues is at day zero at day three and then at day 12 it's quite a big gap between the day three and the day 12 and so we wanted to see of those day 12s could some of those be picked up earlier so that we can actually make those kind of informed decisions both about the role vaccination might play but also about the role a shortened MIQ might play in our future border settings.Chris Bishop: Will fully vaccinated travellers with negative pre-departure tests be able to skip MIQ before Christmas this year?Hon CHRIS HIPKINS: We haven't made decisions on that at this point.
9. Question No. 9—ImmigrationIBRAHIM OMER (Labour) to the Minister of ImmigrationQuestion No. 9—Immigration9. IBRAHIM OMER (Labour) to the Minister of Immigration: What recent announcements has the Government made about providing certainty to working holiday and seasonal visa holders and employers for summer?Hon KRIS FAAFOI (Minister of Immigration): Fakaalofa lahi atu Mr Speaker. The Government has recently announced we will extend working holiday visas and supplementary seasonal employment (SSE) work visa for six months to provide more certainty to employers and visa holders over the coming summer period. This offers the likes of the hort and vit sector the certainty they've been asking for going into this summer's harvest season. This will also allow other employers across a range of industries to make use of the onshore workers while our border restrictions are in place.Ibrahim Omer: Who will benefit from this announcement?Hon KRIS FAAFOI: More than 8500 people on working holiday visas and SSE work visas that are due to expire between late December of this year and late June of next year will benefit from the six-month extension. They will also continue to have open work rights allowing them to work in any sector to help meet labour market demands where they exist. Also their employers will benefit from this and also anyone working in that sector downstream—the likes of other workers and customers—as well.Ibrahim Omer: What other measures has the Government announced to support seasonal workers and their employers with the upcoming summer harvest season?Hon KRIS FAAFOI: The Government stands ready to support our primary sector's labour needs over the harvest season. I've continued to meet with the horticulture and viticulture sector leadership on a fortnightly basis throughout the pandemic and we have made progress on key measures to support their industries through COVID so far. We have created exceptions to our closed border for Recognised Seasonal Employer (RSE) workers allowing the hort and viticulture sectors with 2012 workers entering for the last summer harvest season—and increased the duration of essential skills visas and streamlined the application progress to provide more certainty to employers and visa holders.Teanau Tuiono: Would including working holiday visa RSE and SSE visa holders who have stuck with us through the pandemic in the one-off residency visa provide certainty and contribute to ending exploitation?Hon KRIS FAAFOI: The visa holders that the member mentions were only ever going to be here for short stays and the Government has prioritised skilled scarce and settled visa holders for the one-off residency. But I'd also note to the member the impact that opening the resident visa up to the likes of RSE workers from the Pacific might have on their communities back in the Pacific if they were not to go home.
4. Question No. 4—Energy and ResourcesTANGI UTIKERE (Labour—Palmerston North) to the Minister of Energy and ResourcesQuestion No. 4—Energy and Resources4. TANGI UTIKERE (Labour—Palmerston North) to the Minister of Energy and Resources: Fakaalofa lahi atu Mr Speaker. What action is the Government taking to reduce fossil fuel use by large industrial users?Hon Dr MEGAN WOODS (Minister of Energy and Resources): Thank you Mr Speaker. Recently I announced the second round of recipients of co-funding from the Government Investment in Decarbonising Industry Fund. The fund is a partnership between Government and business to accelerate the decarbonisation of industrial process heat while creating jobs. Process heat makes up around a third of New Zealand's overall energy use and over half of processed heat is fossil fuelled mainly by gas and coal. By working closely with large industrial users to transition away from fossil fuels we're continuing to decarbonise our economy as part of our transition to a low emissions future.Tangi Utikere: What will be the impact of this round of industrial decarbonisation funding?Hon Dr MEGAN WOODS: For New Zealand to achieve its ambitious climate goals we need to tackle the issue of emissions from our large industrial users. In the latest round the Government is partnering with industry on more than 20 projects that will deliver an annual saving of 142591 tonnes of greenhouse gas emissions or 2.8 million tonnes over their lifetime. Across both funding rounds the 39 projects funded will deliver savings of 6.6 million tonnes of greenhouse gas emissions. This equates to 14 to 18 percent of the gross long-lived emissions reductions required from the Climate Commission's first carbon budget for 2022 to 2025. This investment is another example of the Government's commitment to tackling climate change. This is about futureproofing our planet and our economy.Tangi Utikere: What are some examples of decarbonisation initiatives funded under the partnership?Hon Dr MEGAN WOODS: We're working with McCain Foods in Timaru to convert their existing coal boilers to biomass fuel which will reduce their carbon emissions by nearly 34000 tonnes every year; and Meadow Mushrooms in Canterbury who are working towards a goal of carbon-zero emissions by 2025. The project at Meadow Mushrooms will replace their diesel boiler. An electrode boiler will be assembled in New Zealand with many domestically-sourced components. This project will halve their carbon emissions. David Seymour: Is the Minister aware of any reports that spot electricity prices are so high New Zealand Steel today is using diesel generators to run its potlines; and whether she's aware of that or not what does she think that says about the true state of decarbonisation in industrial processes in New Zealand?Hon Dr MEGAN WOODS: Yes I am aware of reports of unusually high spot prices in our wholesale electricity market. What I think that says about what the future needs to be is that it needs to be decarbonised because of course those high prices have been driven by increased coal use and increased gas use over this period of time.
2. Question No. 2—FinanceANNA LORCK (Labour—Tukituki) to the Minister of FinanceQuestion No. 2—Finance2. ANNA LORCK (Labour—Tukituki) to the Minister of Finance: What reports has he seen on the New Zealand economy?Hon GRANT ROBERTSON (Minister of Finance): The Government's health-led approach to the COVID-19 pandemic and support for the economy has been reflected in the Crown financial accounts released last week. For the year to June 2021 the Crown accounts show the operating balance before gains and losses—the OBEGAL—was at a deficit of $4.6 billion. This was $10.6 billion better than had been forecast in the Budget in May. Net core Crown debt stood at 30 percent of GDP $11.6 billion less than forecast and well below the average for advanced economies of 90 percent. In addition the cost of servicing that debt remains very low by historic standards. With the Government's books in better shape than expected it does give us more options to respond to the ongoing effects of the pandemic but we cannot afford to be complacent. We are still facing elevated levels of debt and deficit for some years to come and we will need to invest our resources carefully in response.Anna Lorck: What is the impact of the economy on the country's tax take?Hon GRANT ROBERTSON: The stronger than expected economic environment saw core Crown tax revenue at $98 billion for the year to June 2021 $12.9 billion higher than the previous year and $6.4 billion higher than forecast in the Budget. This was across all tax types. With the country being in lower alert levels for much of the year the strong labour market and consumer confidence drove these tax revenue increases. The focus on saving lives and livelihoods that has been the hallmark of the Government's approach to COVID-19 has meant that the economy has bounced back better than almost anyone predicted. That strength has given us the fiscal headroom to support businesses and households when the Delta outbreak struck.Anna Lorck: What constraints are there on the economy arising from the pandemic?Hon GRANT ROBERTSON: While the economy's performance has exceeded the expectations of commentators and forecasters the Delta outbreak shows that the recovery is uneven for some sectors and regions. Globally the pandemic continues to disrupt supply chains which is in turn affecting the New Zealand economy. It is appropriate that the Government continues to take a balanced approach as we work through the uncertainty investing heavily to support wellbeing our transition to a low-carbon economy and to improved productivity while all the while carefully managing resources with an eye to the long-term sustainability of the economy.
Bishop Chris; Dean JacquiCHRIS BISHOP (National): Point of order Madam Speaker. I seek leave to table the 10 pages of guidelines issued by the Hon Chris Finlayson in 2014 headlined Finlayson embarks on a jargon jihad".ASSISTANT SPEAKER (Hon Jacqui Dean): Leave is sought for that course of action. Is there any objection?Hon Member: Yes.ASSISTANT SPEAKER (Hon Jacqui Dean): There is no objection.Chris Bishop: I think she said yes.ASSISTANT SPEAKER (Hon Jacqui Dean): Does Labour want to take its call?Chris Bishop: I think she said yes.ASSISTANT SPEAKER (Hon Jacqui Dean): Oh. There is objection. So Labour doesn't want its call?"
Protection of Journalists' Sources Bill — First Reading
Andersen GinnyGINNY ANDERSEN (Labour—Hutt South): Thank you very much Madam Speaker. It's been a privilege to take this bill through its first reading on behalf of Louisa Wall and it's also been a privilege to hear the speeches from all sides of the House in looking to see that this bill will proceed into the next stage which is at select committee at Justice Committee. I'm also looking forward to hearing the submissions that we're likely to receive not only from members of the public but also from journalists from those media sources from those who take a role in the fourth estate to see their views and understand how this can factor into this potential law change that we could be seeing through here in second and third reading.To conclude the bill deals with issues that go right to the very heart of the role of media and journalism in a liberal democratic society here in New Zealand. It is so important—vitally important in fact—that our laws adequately protect journalistic privilege to ensure that our journalists especially investigative journalists can do their jobs. I was once told as a member and given advice that a good member's bill is a simple one a concise one one that tackles a simple issue that can be tidied up. Well Louisa Wall clearly did not take that advice. Her members' bills have been bold and brave. They have tackled many significant issues. They have indeed become law in New Zealand. This bill makes no change to that pattern. So I would like to acknowledge her hard work in tackling the big issues and bringing issues such as this that go to the heart of our liberal democracy to the House to be debated.Our fourth estate—to function effectively it's important that we make sure our laws protect journalistic privilege to ensure that our press have the ability to function and report freely without fear. That's important to this very building and how we operate as a Parliament as well. As it stands although New Zealand's law references the importance of respecting journalistic privilege and also the case of police searches it does as identified contain a gap in the law currently about how this important protection is actually guaranteed. Although the Search and Surveillance Act 2012 and also the existence of journalistic privilege with reference to protections that are laid out in the Evidence Act 2006 there is no clear description as to the processes to be followed when this issue of privilege arises and that is what this bill does. This bill addresses the gap in the law and the specific issues highlighted in the Hager case by reinforcing the Evidence Act and the Search and Surveillance Act in recognition of journalists' duty to protect their sources from disclosure. This is a good bill. I look forward to the submissions. I look forward to the next process and I commend it on behalf of my colleague Louisa Wall to the House.Motion agreed to.Bill read a first time.Bill referred to the Justice Committee.
Crimes (Child Exploitation Offences) Amendment Bill — First Reading
Baillie ChrisCHRIS BAILLIE (ACT): Thanks Mr Speaker. I rise on behalf of ACT and in support of the Crimes (Child Exploitation Offences) Amendment Bill. I acknowledge the member for introducing this bill—a bill that is well overdue. It's a bill that is necessary as previous speakers have mentioned and based on Australian legislation brought about by the tragic case of Carly Ryan a 15-year-old Australian girl. It is legislation New Zealand needs. Children as young as eight here are being groomed online and young people not even in their teens pressured through social media and other avenues to provide inappropriate photos. They're often too naive or too young to understand that these photos just don't go away and once sent can become viral on the international market. New ways are evolving with online games smartphones and websites designed just to appeal to children. New Zealand media indicates that during lockdowns these incidents rose with more people preying online.I've been contacted by teachers and parents concerned about this scourge. It's become increasingly difficult for parents and schools to monitor online behaviour. The online safety tips they are great advice but if we look at a couple of them: number one become friends with your child in any social network environment they create. And another one: ensure that you can always have access to your child's phone to help them stay safe. Very sensible recommendations but as any parent would know very difficult. And schools throughout the country are constantly battling with students and their devices. Technology is changing quickly and legislation must keep up. Police need the tools if they're going to prosecute. As a police youth aid officer I dealt with too many of these cases—that was a few years ago and it's getting worse.There are some questions that need clarifying in the bill which I'm sure will be dealt with at select committee. Why we're not using similar wording used in section 131B of the Crimes Act 1961 which outlines more clearly the acts which are actually criminal. We'd like it to be more specific as to the ingredients required for the crime. Intent is the main ingredient and it must be specific when new section 126A has a 10-year jail term for intent to mislead. As Duncan Webb said earlier on that should be a huge deterrent for any potential unintended consequences which need to be examined with a real high degree of scrutiny. We support the increase in penalty and note that this offence could fit into the three strikes regime another deterrent for repetitive abuse. The current definition of a serious violent offence in the Crimes Act would fit inside this bill. I am interested in where 17-year-olds fit into this legislation and I'm sure this will be fully explained throughout the select committee process as well.So the bill is necessary. Things are getting worse. Statistics are really awful—quite shameful. Police need the tools to prosecute and we must protect our most vulnerable kids. Well done to the member and ACT supports this bill at first reading. Thank you.
Rurawhe AdrianDEPUTY SPEAKER: Ka te rā tēnā rā tātou katoa. The House is resumed. Members before the dinner break we were debating the Freedom Camping (Infringement Offences and Other Matters) Amendment Bill. Mr Eagle had just finished the call—and I believe Ginny Andersen.
Mallard TrevorPETITIONS PAPERS SELECT COMMITTEE REPORTS AND INTRODUCTION OF BILLSSPEAKER: No select committee reports have been presented. A petition has been delivered to the Clerk for presentation. CLERK: Petition of Annalice Rayner requesting that the House of Representatives amend the Accident Compensation Act 2001 to include sensitive claim cover for mental injury" caused by image-based sexual abuse. SPEAKER: That petition stands referred to the Petitions Committee. Ministers have delivered papers. CLERK: Annual reports for 2020-21:New Zealand Foreign Affairs and TradeInland RevenueCrown Law OfficeTe Puni KōkiriMinistry of JusticeMinistry of DefenceMinistry for WomenMinistry of Social Development andMinistry of Housing and Urban Developmentannual report for 2020-21 of the Ministry for Primary Industries incorporating the Minister's reports on non-departmental appropriations andstatements of intent for 2021-25:Crown Law OfficeMinistry of Defence andMinistry for Women.SPEAKER: Those papers are published under the authority of the House. The Clerk has been informed of the introduction of a bill. CLERK: Pae Ora (Healthy Futures) Bill introduction. SPEAKER: That bill is set down for first reading."
Obituaries — Sean Wainui
Kerekere ElizabethOBITUARIESSean WainuiDr ELIZABETH KEREKERE (Green): I seek leave to move a motion without notice or debate mō he tohu aroha [as a sign of respect] for the passing of Sean Wainui.SPEAKER: Is there any objection to that course of action? There is none.Dr ELIZABETH KEREKERE: I move That this House express its deep sadness at the tragic passing of Sean Wainui nō Ngāi Tūhoe Te Āitanga a Māhaki Ngāriki Kaipūtahi rātou ko Ngāti Porou aged just 25 recognise his contributions on the rugby field with the Bay of Plenty the Chiefs and the Māori All Blacks as well as in Te Ao Māori and his wider community; that this House offer its condolences and aroha to the whānau pani [bereaved family] at this time as whānau travel back to Whatatutu where he will lay in his whare tīpuna Mangatu Marae me Te Wainui Marae and particularly send our awhi and manaaki to his wife Paige and their tamariki Arahia and Kawariki.Ki te hunga mate koutou kua riro atu koutou kua takahia nei i ngā tapuwae o ngā mātua tīpuna e moe. Mauria mai ngā tini aituā hei tangihia hei maumaharatia. Haere ki te puna wairua ki te puna roimata ki te puna tangata. Haere haere haere atu rā.[To you who have passed. To you who are following in the footsteps of the ancestors be at peace. Carry with you the many calamities that need to be mourned and remembered. Go to the spring of wellness and spirit to the well of tears and to the source of life. May you rest in peace.]Motion agreed to.
Dean JacquiWEDNESDAY 20 OCTOBER 2021The Speaker took the Chair at 2 p.m.KARAKIA/PRAYERSHon JACQUI DEAN (Assistant Speaker): Almighty God we give thanks for the blessings which have been bestowed on us. Laying aside all personal interests we acknowledge the Queen and pray for guidance in our deliberations that we may conduct the affairs of this House with wisdom justice mercy and humility for the welfare and peace of New Zealand. Amen.
Tuesday 19 October 2021 (continued on Wednesday 20 October 2021) - Volume 755
Education and Training (Teaching Council Fees and Costs) Amendment Bill — Second Reading
VoteDEPUTY SPEAKER: The question is That the amendments recommended by the Education and Workforce Committee by majority be agreed to.A party vote was called for on the question That the amendments be agreed to.Ayes 65New Zealand Labour 65.Noes 55New Zealand National 33; Green Party of Aotearoa New Zealand 10; ACT New Zealand 10; Te Paati Māori 2.Amendments agreed to.A party vote was called for on the question That the Education and Training (Teaching Council Fees Levies and Costs) Amendment Bill be now read a second time.Ayes 65New Zealand Labour 65.Noes 55New Zealand National 33; Green Party of Aotearoa New Zealand 10; ACT New Zealand 10; Te Paati Māori 2.Motion agreed to.Bill read a second time.Name changed to Education and Training (Teaching Council Fees Levies and Costs) Amendment Bill.
Leary IngridINGRID LEARY (Labour—Taieri): I just rise to take a short call on this bill which really is if one looks at it actually about reducing Machiavellian behaviour—so the types of behaviour that are designed to be anti-competitive that have anti-competitive intentions. So this bill does go towards supporting increasing competition in New Zealand. It is very timely. We need to have this in order to make sure that we continue to have a thriving economy. I commend this bill to the House.
Kerekere ElizabethDr ELIZABETH KEREKERE (Green): E te Māngai thank you for this opportunity to speak on behalf of my colleague Ricardo Menéndez March who is helping hold it down in Tāmaki-makau-rau on behalf of all of us. We thank the Economic Development Science and Innovation Committee for the work that they've done; hearing submitters; and listening to the concerns especially for us around privacy safeguards.The bill seeks to amend the Commerce Act so it can better fulfil its purpose of promoting competition. In particular it would strengthen the prohibition against misuse of market power in section 36 of the Act. It also seeks to address problems with how those provisions are interpreted and applied. The bill would replace the current test in section 36 that focuses on whether a company's conduct takes advantage of its substantial power and instead would prohibit people—SPEAKER: Order! Order! I apologise for interrupting the member but frankly reading the explanatory note of the bill is not debating a bill. If the member has matters to discuss about the bill she may. But to date all she has done—and it might have been something that's made its way into a research unit note—is read the front page of the bill and that is not satisfactory.Dr ELIZABETH KEREKERE: Kia ora. Thank you for that. The key thing we wanted to note was supporting the select committee in some of its recommendations particularly about reducing the transitional period from three years to one year as it brings it into line with the agreements affected by the repeal of section 45.We wanted to acknowledge concerns from some submitters with the scope of personal information-sharing powers between Government agencies that the bill will authorise. We note that the Ministry of Business Innovation and Employment has disputed those concerns suggesting that all information will be subject to the Privacy Act. Because of that we are concerned that each agency will be required to design its own privacy and internal processes for that. We've seen different privacy breaches in Government departments so we want to make sure that the Privacy Act cannot be seen as the be all and end all for protecting the personal and business information of New Zealanders. So no reira. We commend this bill to the House. Kia ora.
Webb DuncanDr DUNCAN WEBB (Labour—Christchurch Central): Kia ora Mr Speaker. Thank you. Look this is a small but important change and it's been recognised for a long long time that the purpose test hasn't worked because when dominant players in the market were using their market power they could easily point to any number of purposes other than reducing or eliminating competition or destroying emerging players. It's well documented that they would point to things like We were simply seeking to protect market share. We were simply seeking to ensure our long-term profits were adequate." And in a sense those things were true and the fact that they destroyed small emerging and innovative players along the way was simply a by-product of that. But the fact was that it was always going to be the case that if a dominant player makes a short-term loss to eliminate an emerging player that was going to be anti-competitive in the long run. So the purpose test—the test which says "What is the corporate intent in this conduct?" was never going to work. Now two of these things are really important to go together because the one is the changing of the test to say that if the effect of that conduct is to reduce or eliminate competition then it's a breach of section 36; that's really important. But the Opposition has raised a number of situations which in their mind may be predatory conduct under the test but are excusable and they use an example of the trucking firm having some kind of rebate scheme. I struggle to see how that meets the test but even if it did there's an authorisation process under the Act. The problem with the authorisation process historically has been it's been time-consuming and expensive but this bill introduces a provisional authorisation power and I understand the Commerce Commission also has a particular process that's a lot easier and cheaper for smaller businesses. So those two things in tandem absolutely make it workable. Competition and innovation are at the heart of a thriving economy. That's what this bill upholds so I'm a little surprised to hear some of the comments from the Opposition. I absolutely support this bill."
Bennett GlenGLEN BENNETT (Labour—New Plymouth): Kia ora Mr Speaker thank you very much. Thank you to our previous speaker the Hon Todd McClay for your contribution for contributing both at the select committee and obviously here in the second reading. I'm glad to hear that you support good positive strong competition laws. I feel that this is a piece of legislation that will do that.I'm grateful to the Hon Dr David Clark and his comments earlier around how this benefits consumers benefits other small businesses and also benefits and encourages new and innovative firms who challenge the status quo.Now this piece of legislation is around the sharpening up of our Commerce Act. When we finished with our select committee process I was reading the New Zealand Herald and the headline around this piece of legislation read like this: Law tweak … to make sure giants play fair". I think that's pretty clear around what this bill is about and what it will do and how it amends section 36 of the Commerce Act around the misuse of market powers around the one sided anti-competitive behaviours for firms with a substantial market power. I'm really grateful for the submissions we heard in our select committee. Thirty submissions were written 11 submitters appeared in person. This very much is around promoting competition protecting New Zealand. We're a small nation and we need to ensure that we have good robust law and we have good positive strong competition law and that's why I support this bill."
Edmonds BarbaraBARBARA EDMONDS (Labour—Mana): Fakaalofa lahi atu Mr Speaker. I'm happy to rise in support of the Education and Training Amendment Bill. As members have canvased today in the speeches for the second reading the genesis of this bill is the Education and Training Act that was brought into the House last year in 2020. That was a significant Act that brought together from 1989 decades of changes and brought together and simplified the Education Act so that those that are working in the education system are able to apply it easily efficiently and effectively. Clearly this amendment bill has got a number of provisions in here which could have been picked up earlier in that bill but because it was such a significant change it was clear that small changes needed to be made. Amendment bills are not unusual.The previous member for Palmerston North Tangi Utikere who was a teacher succinctly summarised why we need the changes in this bill. I just want to add one more aspect to it. For my sins my self-inflicted sins I was a member of a number of school boards and because of that when you are a member of a school board certainty is really really important to be able to have clarity around how the Education Act interacts with the Children's Act how that interacts around physical restraint—those particular rules are so important to make clear and certain when you apply them as a board member when you apply them as a school so that you always have the safety of the children in mind when applying those rules. So for those reasons I too like the members on this side of the House commend this bill to the House.Motion agreed to.Bill read a second time.
Education and Training Amendment Bill — Second Reading
Lewis StephSTEPH LEWIS (Labour—Whanganui): Tēnā koe Mr Speaker. It's my pleasure to rise and take a short call in support of the Education and Training Amendment Bill. While I'm not a member of the Education and Workforce Committee and wasn't privy to the submissions I do want to begin by acknowledging the work of that select committee especially as they have reported the bill back to the House without recommending any amendments.This as has been discussed this morning has been a bill which isn't going to set the House on fire but is a bill which makes as my colleague Tangi mentioned some really important tweaks to help keep our tamariki and our teachers and staff in schools safe. I particularly want to draw the House's attention to the clarification of the relationship between Police vetting provisions in the Act and the children's worker safety checking provisions in the Children's Act. Both Acts set out a framework to keep children safe while engaging in education. But up until now there has been some confusion about which framework to apply when checking the level that applies to some employees. This bill will clarify that to remove that confusion so as those vetting new staff know which provisions to apply.I also want to note that it extends the current provision on tertiary education providers from charging compulsory student fees by another year to allow the permanent arrangements to be finalised. So that is why I am commending this bill to the House.
Utikere TangiTANGI UTIKERE (Labour—Palmerston North): Tēnā koe Mr Speaker thank you. Happy to rise in support of this bill this morning. It's been mentioned that these are some minor tweaks to essentially what is the most significant reform to education legislation in quite some time. I want to reflect on some of the comments that have been made by members opposite in that this is perhaps not a good use of the House's time. I would disagree with that position because when we just look at some of the changes that this bill will provide for hopefully that will paint a different picture.For example the use of the NSN—or the national student number—and ensuring that that won't automatically be repealed will ensure that schools up and down the country don't have an additional administrative burden placed on their time. When we look at the ability for boards of trustees in our school communities to continue to elect and co-opt and fill those positions if we didn't do that with some sense of haste then it would mean that there was no value in communities being involved in the decision making and governance arrangements for schools. If we look at the physical restraint capacity and opportunity: if we didn't do that then there would be limited clarity around who could actually engage methods in a classroom on school grounds. And as a former teacher I know the importance of knowing what one can do and what one can't do so providing certainty is important. When we look at what this bill provides in terms of clarity for Police vetting opportunities extending through to early childhood education systems if we weren't able to do that under urgency then it would mean that there would again not be clarity in that sector.So I disagree that this proposed bill is not a good use of the Parliament's time because while they are tweaks they are important to ensure that our tamariki our ākonga and other members of our school community—including our staff—are safe and that there is clarity. On that basis I'm obviously in support of it.
Coffey Tāmati; Rurawhe AdrianTĀMATI COFFEY (Labour): Thank you Mr Speaker. I stand in support of this the Education and Training Amendment Bill which is being read for a second time and being debated around the House. While these amendments to the Act are incredibly small they absolutely come with a time sensitivity which makes them relatively urgent. There is one that I will point out as we talk about this today. The bill amends section 6 of the Act to specify five education agencies that must give effect to statements of expectations relating to Te Tiriti o Waitangi issued jointly by the Ministers of Education and for Māori Crown Relations: Te Arawhiti. Now there was the need to actually flesh this out and when I talk about minor changes that this bill is fixing this is one of those minor changes. It was simply to name those agencies. So those agencies—for the benefit of clarity and for those submitters that came forward wanting to put some names on them—are: the Ministry of Education the Education Review Office the New Zealand Qualifications Authority the Tertiary Education Commission and Education New Zealand. These are small but significant changes that we need to pass as a Parliament to be able to make sure that our education system and our training system is the best it can possibly be for New Zealanders. So I support it to the House. DEPUTY SPEAKER: This is a split call. I call Joseph Mooney—five minutes.
Baillie ChrisCHRIS BAILLIE (ACT): I rise on behalf of ACT to take a short call on the Education and Training Amendment Bill. This is a bill which ACT supports. It is a technical bill that amends the Education and Training Act 2020 so that a number of provisions that are best suited for parliamentary enactment remain in the principal Act.Obviously that needed sorting but it is debatable whether it's the most important issue in education today. The bill won't help things such as falling literacy and numeracy rates terrible truancy rates increasing students with learning needs and increasing behavioural issues. New Zealand must start addressing these and I think they've been well highlighted by previous National speakers.As a former policeman I am particularly interested in the amendment that limits the use of physical restraint which will change the wording of several sections to clarify who can use restraint on a student. They would make it clear only a person holding a teaching position can use physical restraint or someone who is specifically authorised by their employer. On the face of it this makes sense but I think it really is a little bit naive and it needs pointing out that we must always remember the two sections in the Crimes Act 1961 which override rules and regulations.The first one is section 41 which is prevention of suicide or certain offences and it reads: Every one is justified in using such force as may be reasonably necessary in order to prevent the commission of suicide or the commission of an offence which would be likely to cause immediate and serious injury to the person or property of any one". This would include an out-of-control student smashing up a classroom.And section 48 which is self-defence and defence of another which reads: "Every one is justified in using in the defence of himself or herself or another such force as in the circumstances as he or she believes them to be it is reasonable to use." such as students fighting. I would like to think if a teacher—or anyone else for that matter—is put in the unenviable situation that requires physical restraint they are supported by their senior management the Ministry of Education and the law whether they have permission or not. ACT supports this bill."