Customs and Excise Amendment Bill (No 2) — First Reading 
Customs and Excise Amendment Bill (No 2) — First Reading 
[Volume:633;Page:4557] 
Customs and Excise Amendment Bill (No 2) 
First Reading 
Debate resumed from 27 July. 
GORDON COPELAND (United Future) 
: 
 As current events in Lebanon and Israel illustrate we live in a dangerous and uncertain world. The events of 9/11 in the USA and subsequent acts of terrorism in Madrid in Bali twice in London and elsewhere—all perpetrated by Islamic extremists who chose to advance their political agenda by having recourse to indiscriminate acts of violence—have been well documented over recent times. I think that all the civilised nations of the world are now determined jointly to do all they can to eliminate the potential for such evil to continue in our world. 
It is in that context that we come to this Customs and Excise Amendment Bill (No 2) because this bill seeks to amend the Customs and Excise Act 1996 in order to strengthen border security measures and to provide for more effective integrated border management across all Government agencies with an interest at the border. The amendments aim to counter terrorism and transnational crime and to provide consolidation to amendments made to the Act in 2004 as well as to enable the Customs Service to contribute better to the Government’s collective interest at the border. Of particular importance in this bill is an amendment in relation to the Custom Service’s ability to deal with false and forged travel and identity documents. 
During the last Parliament through an amendment to the Act in 2004 the Government brought in a new range of measures to do with the importation of goods into New Zealand the exportation of goods from New Zealand and the passing of goods through New Zealand in transit say from Fiji to Los Angeles. There was a tremendous expense involved on behalf of the Crown to implement those new border security measures but they were necessary if we were to continue for example to be able to export goods from this country to the United States or if other nations wanted to trans-ship goods through our country to the United States. And that is just one indication I guess of a huge investment collectively—into the billions of dollars—that has happened around the world to try to counter the actions of terrorist organisations coming to us particularly from Islamic nations. 
At the time United Future argued very strongly that the Government alone should bear the costs involved. We regard it classically as defence-of-the-realm expenditure. The Government has a high priority—one of the highest priorities of any Government—to defend the citizens of this country against acts of terrorism. That of course applies particularly to the importation of goods into our country where for example bombs and other devices could be stored in cargo holds or in containers coming into New Zealand. I re-emphasise that United Future continues to believe that the costs relating to border control—to the extent that those costs in turn are related to terrorism and to transnational crime or indeed when we come to forged passports and other travel documents and even to the interchange of spy networks within the world—need to continue to be borne by the Crown. They are no different if you like from the mainstream expenditure we have through Vote Defence in its attempt basically to protect this nation from the activities I have mentioned. 
I want to make the point today that we as a party want to continue down that track. Therefore although we will be supporting the first reading of this bill we do so on the understanding that those costs will continue to be borne by the Crown and that no further attempt will be made by the Government to push them off on to exporters or importers. In fact as far as exporters are concerned I believe that we need to give them every encouragement at this stage in our economic cycle—given the balance of payment situation we have—and we should not be imposing costs on them that will make exporting from this country more difficult. That is counterproductive for them and it is counterproductive for the national interest. With those few remarks I have pleasure in signalling United Future’s support for the bill. 
HONE HARAWIRA (Maori Party—Te Tai Tokerau) 
: 
Tena koe e te Kaikorero tena tatou e te Whare. I te Wiki o Te Reo Maori i tino kaingakau ki a au kia mohio ki nga ingoa Maori mo nga Tari o te Kawanatanga. E mea ana ko te ingoa Maori mo te New Zealand Customs Service koia ko “te Mana Arai o Aotearoa” a kei a ia te mana hei arai hei tiaki i a Aotearoa. Meinga meinga! Kei a wai ra te mana? Koia ra te patai. Ki ta te tangata whenua kotahi anake te mana hei arai i a Aotearoa nei ara ko te mana tera o Te Tiriti o Waitangi. Na hakoa kua ahua kapo nga kiore e toru ara ko Reipa ko Niu Tireni te Tuatahi me Nahinara. Hakoa hanga mataku ano hoki ki te hekenga o a ratou poti e mohio ana te iwi whanui o Aotearoa ko te Tiriti te tino kaupapa mo te whenua nei. Ma te Tiriti i 
whakaritea 
te kaupapa o te Kawanatanga ara ko te mana whakahaere me te kaupapa rangatiratanga ara ko te mana o nga hapu me nga iwi Maori. Ma te Tiriti ano ka taea a tauiwi ki te noho pai i raro i nga manaakitanga o te kawanatanga o nga Tametame.  
Ko te kaupapa hei whakamana i te nohotahi koia ko te tiaki te manaaki ko te whakamarumaru i nga tikanga o te ao Maori hei hapu hei iwi ranei i raro i te Wahanga Tuarua. Hei tangata i raro i te Wahanga Tuatoru o te Tiriti o Waitangi. Ina kite ana au ki oku iwi o Te Tai Tokerau ka nui rawa aku patai mo te ahua o te mana o te Tari Arai o Aotearoa ki tera o te mana o te Maori i a ratou e arai ana i o ratou whenua taonga ano hoki. Ka kitea i roto i te ripoata o Muriwhenua e mohio tuturu ana nga hapu me nga iwi o Te Tai Tokerau he aha o ratou mana ki te whenua mana ki te moana. Kahore i rereke taua mana atu i te taenga mai o tauiwi. I puta mai te whakaaro tiaki a-rohe me te whakaaro whakahaere a-takiwa mai i te korero o te wa hokohoko a te iwi Maori me te Pakeha. 
Anei te ripoata a Muriwhenua: “Kua kitea e whakaarohia ana te Maori kei a ia tonu tona mana.” 
[ 
Greetings to you Madam Assistant Speaker and to us in the House. In Maori Language Week the sources behind the Maori names that have been created to describe the various Government departments were a particular interest for me.  
The Maori name for the New Zealand Customs Service is “te Mana Arai o Aotearoa” and means “the authority that screens and protects New Zealand”. Yeah right! It is a question of authority—whose authority? The only authority that tangata whenua know of as being able to protect  
Aotearoa is Te Tiriti o Waitangi. And even if the three blind mice—Labour NZ First and National—pretend not to see and are running scared of the polls the rest of New Zealand knows that it is in the Treaty that our foundations lie. It is the Treaty that balances kawanatanga—the right to govern; with rangatiratanga—hapu and iwi authority.  
The Treaty enabled settlers to establish themselves in Aotearoa and to live here in peace under the protection and control of the British Government. 
The partnership principle translated in practice towards an assumption that Maori would have their rights and interests recognised and protected both as individual citizens—article 3—and as members of hapu and iwi—article 2. When I look to my own people of Te Tai Tokerau I am given even more reason to question this concept of authority via the Customs Service when compared with  
the exercise of authority by Maori communities over their land and resources. The Muriwhenua report shows that hapu and iwi of the north were very clear about their rights of authority over their lands and seas and this did not change with the arrival of the European settlers. The concepts of border security measures and integrated border management derive from those early accounts of our people trading with Europeans 
. 
The report had this to say: “There is evidence that Maori saw themselves as retaining control.” 
] 
Hon Nanaia Mahuta 
: I raise a point of order Madam Speaker. E ai ki te Whakataunga Tu Roa 107 ko nga korero i puta mai i roto i tenei Whare e pa ana ki nga pire mo te pire anake. Pai ki te whakarongo ki nga korero o te mema o Te Tai Tokerau engari ka ahua whakaarohia me huri mai ona whakaaro ki te pire.  
[ 
According to Standing Order 107 debates in this House about bills must be relevant to the bill itself. While it is nice to listen to what the Te Tai Tokerau member is talking about there comes a time when he must bring his thoughts back to the bill. 
] 
My point of order is this—and in terms of Standing Order 107 the issue of relevancy is at its heart—I take on board that the member for Te Tai Tokerau wants to expand on his views around mana around the views according to the principles of the Treaty of Waitangi and that is well and good. However his speech must be relevant to the bill at hand which is the Customs and Excise Amendment Bill (No 2) so Madam Assistant Speaker I just ask you to rule accordingly. 
The ASSISTANT SPEAKER (Ann Hartley) 
: Thank you. Certainly the member needs to speak relevantly. I cannot actually judge that until we have had the interpretation which puts me in a somewhat difficult position. However I just ask the member to make sure that what he is saying is relevant to the bill. 
Hon Nanaia Mahuta 
: I raise a point of order Madam Speaker. Just as a matter of clarification to aid the House therefore could I ask with the member’s indulgence whether the interpretation can happen throughout the speech so that members are able to ascertain what is being said and determine the relevance of that in relation to the bill before the House. 
The ASSISTANT SPEAKER (Ann Hartley) 
: The member raises an important point. I probably was remiss in that I did not say to members that the member had indicated that he wanted to give his whole speech without interpretation. But certainly it does raise an issue—the issue we are dealing with now. However I think that in this instance we will just continue. 
HONE HARAWIRA 
: Anei te ripoata a Muriwhenua: “Kua kitea e whakaarohia ana te Maori kei a ia tonu tona mana. Kua kitea ano ra nga mahi a nga Maori kia whai i nga utu mo nga taunga kaipuke me nga utu mo te wai ma tauiwi ano ra hei utungia. E hia te roa atu i tera kahore te Maori i whakaae ki nga take a te Kawanatanga me nga utu taunga kaipuke a te Kawanatanga i te whakaaro na ratou tonu tera mana. I marama ai te Pakeha a kahore hoki i ngaro i te Maori ko te mana hoko taonga te mana whakaae te mana kia uru atu. Kei te Maori tonu tera mana.”  
Kua kitea inaianei i aua ra i kakama i matatau te Maori ki nga mahi tiaki a-rohe whakamarumaru ano hoki i nga whenua me nga moana o Aotearoa. Ko wai ka mauheria? Na i te mea ehara ko matou nga tangata kei muri i nga tepu arai tangata ko te patai ko wai nga tangata i mauhere i runga i te whakaaro whakapae noa iho. Me te patai o te Pati Maori ano he aha te tu o te ahua kaikiri i a ratou e whakapae ana he tangata whakatumatuma kua tae mai? Kua kite harikoa matou ki te tu a te Tari Arai o Aotearoa kia u ki ona kawenga ki te Maori i raro i Te Tiriti o Waitangi me nga kaupapa hei mahia e te Karauna. Ko te wawata ma tenei tu whakapono ka mohio te iwi whanui ki te ahua o te rangatiratanga ara ma te Maori ano te Maori hei arahi i raro i te mana o te Tiriti o Waitangi. Kei reira ano te mana ka taea ai te tangata kia haere ki hea noa atu i raro i tona mana tangata whenua. 
I tenei tau i whakanuia matou i te huritau rua tekau ma rima mai i te wa o te haerenga mai o te Tima Whutupaoro o Awherika ki te Tonga. I puta mai nga whakaaro wetiweti i taua wa te wa i whakawhiti tika ai nga tangata mai i tetahi whenua ki tetahi atu na te tino raru me te mataku o te tu o te Kawanatanga o Awherika ki te Tonga. Mohio ana te nuinga o matou ki nga tangata rua tekau i huaina mai e te Security Intelligence Service ko ratou nga kaiporotehe i te wa o te Tira no Awherika ki te Tonga. Ko te huaina i nga tangata hei tangata turaki—pera i a Donna Awatere i a Dunn Mihaka i ahau ano hoki—he tauira tera o nga mahi a nga apiha o te Kawanatanga mena ka whakaae matou kia whakamana ratou hei kai whakawa kaipupuri kaihopu ranei. E whakakaha ana te pire nei i te Kawanatanga kia taea e ona apiha te rapu te here kia whakaroa te pupuri i runga i te whakaaro whakapae noa iho. Ki te Pati Maori horekau he take mo enei tu momo ahua—ko ta matou kei reira ke te ture inaianei. 
Tuku rawa whakarau rawa: kia whakaritea. Ko te patai whakamutunga e pa ana ki nga wahanga rima tekau ma wha rima tekau ma ono o te Ture. E mea ana te Pati Maori mena e piri pono ana ki nga kaupapa o te pire ara kia whakapakari ai nga tangata arai takiwa me toro atu enei kaupapa whakakapi mai i nga tuku rawa ki nga rawa e uru mai ana hoki. Hari ana matou ki nga mahi a nga tari arai whenua e tautoko kaha ana i nga tikanga o te Ture Whakakahore Tuku Rawa rua mano o rua. E tika ana kia maumahara tenei Whare i te tangata e tuku pounamu ki tawahi i te tau rua mano ma toru. E mea ana ia he koha noa iho mo te iwi o Rapanui. Engari kotahi te mea i warewaretia. Kahore ia i inoi atu ki te Kaporeihana o Mawhera kia whakaae ki tona tangohanga i tera taonga mai i te awa o Arahura. Ka mihi te Pati Maori ki te Tari Arai o Aotearoa mo tona tautoko i nga mahi rahui i nga rawa tuku. Engari ko te patai tonu he aha i kore ai te rahui nei e tau ki runga i nga rawa uru mai? 
E mohio ana tatou ki nga kaimahi whariki kakahu hu ano hoki i roto o Aotearoa i marakerakehia ki nga rawa o Singapore i enei wa i raro i te kaupapa hokohoko-korehere i waenganui i a matou me ratou ano. He tino kaupapa kia tohutohua te Arai o Aotearoa kia ata tirohia i nga rawa i uru mai nei i Singapore kia kaua ratou e whiwhi painga mo nga utu here kua tangohia mai i nga rawa o reira. 
Ko te korero whakamutunga me araihia e tatou te ahua o to tatou noho i Aotearoa te whenua i korerotia nei ko to tatou kainga he karanga kohukihuki pera i te karanga a oku tupuna o Muriwhenua i tera rau tau. Kahore matou i te hiahia kia kaua nga tangata whenua o te ao ka taea te uru mai ki Aotearoa na tenei mahi kikino a te kaikiri. Kahore matau i te hiahia kia tohua a matou tohunga pukenga hei tangata whakatuma me wera atu ingoa whakaiti tangata. Kahore matou i te hiahia kia kore e taea te tangata kia tu kia wero na te kaha o te Kawanatanga patu whakatumatuma. E hiahia ana matou kia manaakihia kia tu te mana tangata kia kaua e waimemeha i raro i nga whakahaeretanga o te ture. 
E mea ana te korero horekau he painga i roto i te mahi he. Mena ka tahuri koe kia wero i te mana Kawanatanga ko te mutunga he kai na te ahi. Ko te tono o te Pati Maori ma te mana o Te Tiriti o Waitangi ka taea e matou te mau tika ki nga wawata o te iwi. E tautoko ana matou i tenei pire hakoa o matou awangawanga kia kore e nui ake nga kaupapa rapa herepu ranei. Ka titiro whakamua matou ki nga korero o te komiti whakawa a ki te ripoata o taua komiti. Tena koutou. Kia ora tatou katoa. 
[An interpretation in English was given to the House.] 
[ 
The report had this to say: “There is evidence that Maori saw themselves as retaining control. This is demonstrated in their political acts of levying anchorage and watering fees which Europeans found they were bound to pay. Much later Maori were intensely opposed to Government customs duties and harbour charges as they considered only Maori could levy these. It was further apparent to Europeans—and the point was not lost on Maori—that trade relied totally on Maori permitting access to resources.” 
As our early relationships reveal Maori originally had the experience and custom of effective and integrated border management as would be expected for our ongoing authority over both land and sea. Who is detained? Having established then that we are not the ones behind the customs desk the question must be asked about who are the people detained on suspicion. The Maori Party asks particularly what is the likely place of racism in determining risk in identifying the threat of terrorism. We note with delight that the Customs Service identifies a commitment to meeting  
its responsibilities to Maori under the Treaty of Waitangi and the principles for Crown action. We would hope that such a commitment might lead to an understanding of rangatiratanga of self-determination and of Treaty rights—rights that extend across international borders in the context of indigenous peoples.  
This year we have marked the anniversary of 25 years since the 1981 Springbok tour. The  
potential risks arising from international travel while facilitating the legitimate movement of people across the border came to a particular frenzy under the spotlight of apartheid. Many of us knew of the 20 subversives who were on a list drawn up by the Security Intelligence Service to identify those who took part in protests against the tour. The singling out of individuals as subversives—like Donna Awatere Dun Mihaka and myself—are examples of the types of targeting that can go on when officials are given inordinate authority to question detain or arrest. The bill increases the power of authorities to search and seize to delay and detain all according to their suspicions their preconceived perceptions. The Maori Party believes such authority to be unnecessary—we would suggest there is sufficient authority already in place. 
Exports imports: it works both ways 
.  
The final question we have is around sections 54 and 56 of the Act. The Maori Party suggests that if one is really committed to the bill’s purpose to enhance border security measures new prohibitions on exports should also be carried over to imports. We have been pleased with the vigilance of border agencies in upholding such measures as the *Customs Export Prohibition Order 2002. This House will no doubt recall the attempt to export a piece of pounamu in 2003. The person involved alleged that it was a gift for the people of Rapanui (Easter Island). But they forgot one small detail—the need to gain consent from the Mawhera Incorporation for any such taonga retrieved from the Arahura River. The Maori Party commends the commitment of the Customs Service to uphold its Treaty commitments in this area of prohibitions on exports. But we do have to ask why the same situation does not apply to imports. 
We are all aware that the manufacturers of textiles clothing and footwear in Aotearoa will be exposed to greater competition from exports originating in Singapore as a result of free-trade relationships. It is really critical that the Customs Service is asked to closely monitor imports from Singapore to ensure that nations do not derive any unintended benefits from the removal of tariffs on goods of Singapore origin.  
Finally the need to protect and preserve the unique nature of life in Aotearoa and all who call this land home is as urgent now as it was with my Muriwhenua tupuna last century. We do not want other indigenous peoples of the world to be excluded from Aotearoa as a result of the ever-pervasive purging resulting from racism. We do not want activities of our independent leading thinkers to be redesignated as terrorist actions of activists and radicals. We do not want democratic challenge to be stifled as part of the regime of terrorism suppression. We want protection and preservation not the erosion of human rights or the withdrawal of due process under the law. 
They say that crime does not pay—that turning against the authority of the land will result only in deep heat. The Maori Party urges everyone to be guided by the true authority of Aotearoa Te Tiriti o Waitangi and to stay true to the aspirations of our nation. We support the Customs and Excise Amendment Bill despite our reservations and although we do not believe that the additional search and seizure strategies are necessary. We look forward to the discussion and report back from the select committee. Greetings to you and good health to us all 
.] 
The ASSISTANT SPEAKER (Ann Hartley) 
: I just say to the member and to Nanaia Mahuta the member who raised the point of order that the point of order was absolutely correct. A lot of that speech was not relevant. The presiding officers will have to discuss how we deal with speeches and whether we will allow the whole 10 minutes before we have the interpretation because it was impossible for anyone to rule on that. We will certainly have a look at the matter but I do uphold the member’s point of order. 
HONE HARAWIRA (Maori Party—Te Tai Tokerau) 
: 
 I raise a point of order Madam Speaker. He aha nga mea kua he ki taku kaupapa? 
[An interpretation in English was given to the House.] 
[ 
What aspects of my speech were incorrect? 
] 
The ASSISTANT SPEAKER (Ann Hartley) 
: I have ruled that much of the speech was not relevant to the Customs and Excise Amendment Bill (No 2) and that is the end of the matter. I took particular note of the translation and I ruled that what the member raised in her point of order was correct. If any member had raised that issue and if I had been able to understand the speech I would have ruled in exactly the same way. Much of the speech was not related to the bill. That is the end of the matter. I have ruled on the point of order but we will consider the matter. 
HONE HARAWIRA 
: I raise a point of order Madam Speaker— 
The ASSISTANT SPEAKER (Ann Hartley) 
: Is the member raising a point of order? 
HONE HARAWIRA 
: Ae. 
The ASSISTANT SPEAKER (Ann Hartley) 
: I just say to the member that if the point of order concerns what I have already ruled on it would be disorderly. 
HONE HARAWIRA (Maori Party—Te Tai Tokerau) 
: 
Ehara. 
[An interpretation in English was given to the House.] 
[ 
No. 
] 
The ASSISTANT SPEAKER (Ann Hartley) 
: No? The member is saying it is a new point of order. Hone Harawira. 
HONE HARAWIRA 
: Tena koe e te Kaikorero. Taku rongona atu ki nga kaikorero roto i te Whare nei tino whanui rawa nga korero a ia kaikorero mo te kaupapa. He aha te take e whakakahoretia ana koe i taku korero? 
[An interpretation in English was given to the House.] 
[ 
Greetings to you Madam Assistant Speaker. I have listened to addresses in this House by various speakers and they draw a very long bow about a topic. Why are you ruling out my speech? 
]  
Hon Nanaia Mahuta 
: Point of order— 
The ASSISTANT SPEAKER (Ann Hartley) 
: Just a minute; I am going to rule on this point of order. The point about the matter is that a member has an absolute right to raise a point of order about relevancy and that was done. I could not rule at the time but when I heard the interpretation Nanaia Mahuta the member raising the original point of order was correct. So the member cannot now contest my ruling on that—I have ruled on it. But the member is right in saying there is sometimes an issue of relevancy—it often depends on the context. However a point of order was raised on the matter of relevancy. That is the end of this matter. 
Dr Pita Sharples 
: Point of order— 
The ASSISTANT SPEAKER (Ann Hartley) 
: No Dr Sharples I am not going to take any more points of order on the same matter. 
Bill read a first time. 
Bill referred to the Foreign Affairs Defence and Trade Committee.referred to Foreign Affairs Defence and Trade Committee