Peters Winston: Real Estate Agents Bill — Second Reading In Committee Third Reading 
Peters Winston: Real Estate Agents Bill — Second Reading In Committee Third Reading 
[Volume:649;Page:18402] 
Rt Hon WINSTON PETERS (Leader—NZ First) 
: 
 As somebody who has had considerable experience of working with the legislation and the real estate industry over a long period of time I thought the Committee and the public should be alerted to the kind of debate that is taking place today on Part 2 of the Real Estate Agents Bill. I am hearing from the National Party that everything is fine out there and nothing needs to be done. But I cannot find anybody in the real estate industry with any experience who says that. I cannot find anybody who says everything is fine and nothing needs to be done but I have just heard a procession of National Party members illustrate the fact that they understand nothing about business in New Zealand and claim that everything is fine and above board right now. They cannot point to anybody associated with the industry who would argue that nothing needs to be done but nevertheless they say their idea is to do nothing which is their policy on everything really. 
Hon Clayton Cosgrove 
: Carter said that. 
Rt Hon WINSTON PETERS 
: Mr Carter said that; Kate Wilkinson said that. She did not get to talk about KiwiSaver but I want to know whether she had a clearance from John Key to say what she did say. 
Let us be honest. Here we have a circumstance— 
Hon David Carter 
: Where did the cheque go? 
Rt Hon WINSTON PETERS 
: I will tell the member what the cheque did not do and that is dodge GST. That is a criminal offence and the GST has still not been paid. That is what the cheque did not do. But to come back to the point here— 
Hon David Carter 
: Just pay up. 
Rt Hon WINSTON PETERS 
: My argument to the member is to look in the mirror and just pay the GST or else to keep quiet. How Mr Carter has made the front bench is a matter of bewilderment to all his colleagues. It must be because of something else like patronage of the party. 
Members are concerned about who will make up the seven people on the so-called authority. Who suggested that there should be people from the real estate industry with substantial and requisite experience on the authority? It was New Zealand First that argued for that; I am sure the Minister will not argue against that. That is what we did. We sought the opinion of the industry and tried to get some balance put into legislation that seeks to protect the consumer. 
After all it was Adam Smith who said that men of business seldom meet for food or entertainment without their conversation soon turning to a conspiracy against the public. And that in the case of this industry has happened far too many times. Oh I know why Gerry Brownlee is shaking his head. That is all he knows. 
Gerry Brownlee 
: Where’s the fidelity fund? 
Rt Hon WINSTON PETERS 
: Where’s the fidelity fund? 
Gerry Brownlee 
: Yeah—not there. 
Rt Hon WINSTON PETERS 
: Well here we go; is this not wonderful? The member shouts out that. He is meant to be the spokesperson from National on this bill but he does not know what its provisions are—or are not—and now he is asking me about them. That is typical of Gerry. 
The CHAIRPERSON (H V Ross Robertson) 
: The member should keep to the debate. This is a narrow debate. 
Rt Hon WINSTON PETERS 
: One has to wonder how someone like that could get promoted so far up the ranks in what used to be a great party when he acts like an absolute buffoon knows nothing about the law or legislation and thinks noise means volume. Well I tell Mr Brownlee that it does not mean that. Substance in the end is what matters around here not just a bombastic display of Billy Bunter-ism. It will not work any more and that is a fact. 
I come back to the point which is— 
Gerry Brownlee 
: Tell us about the fidelity fund. Who gets the fidelity fund? It’s not in there. 
Rt Hon WINSTON PETERS 
: I am talking about the membership of the board. Does the member mind if I just get through that first? 
It is rather critical that we have people who when they come to a tribunal situation understand the requirements of the industry and I tell Mr Brownlee it is important that those people are not biased are not prejudiced and have not made up their minds before they hear a case. It is important that they are prepared to wait until all the facts before them are heard before they make up their minds. As Mr Finlayson will tell members that is how good tribunal people show responsibility rather than acting like those with so much arrogance—a quality I have seen Mr Brownlee display—that they make up their minds before they hear any of the evidence. We do not want that sort of person to be on the Real Estate Agents Authority. 
The authority should have people on it who are neutral independent but experienced enough to ask on behalf of the consumer and on behalf of the real estate person against whom the complaint has been lodged what the facts are and where the truth possibly lies—but who first of all ask to hear all the facts all the provisions that relate to the case. That is rather important because it is no use to have an authority if we put people on it who walk in and before the case is half heard rush out go to the media and start to say something else. 
Christopher Finlayson 
: I raise a point of order Mr Chairperson. I am sorry to interrupt the right honourable member but he is concentrating on Part 4. He is talking about the bodies that will adjudicate on complaints. There are two types of committees: there is the complaints assessment committee and the actual disciplinary tribunal. The authority appoints those bodies which then adjudicate. So the member really has to come back to Part 2. It would be quite a novelty to hear him say something about Part 2. 
The CHAIRPERSON (H V Ross Robertson) 
: Thank you Mr Finlayson. Actually the member’s time is just about up. 
Rt Hon WINSTON PETERS 
: I have just heard Mr Finlayson “QC (Failed)” with his argument. It is not correct of course because all of the other authorities arise from the Real Estate Agents Authority.