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Brownlee Gerry; Dean JacquiHon GERRY BROWNLEE (National): A point of order. I seek leave of the House to table the regulatory impact statement for this bill.ASSISTANT SPEAKER (Hon Jacqui Dean): On the basis that the document is publicly available no. I call the Hon Julie Anne—Hon Gerry Brownlee: Point of order. I'll just point out Madam Speaker that there is in this Government-produced document—and you say it's very available—ASSISTANT SPEAKER (Hon Jacqui Dean): Yep. The member will resume his seat. Thank you.
Brooking RachelRACHEL BROOKING (Labour): I'm very proud to stand and speak in support of the Sustainable Biofuel Obligation Bill at its first reading here and I'm delighted that it's going to come to the very busy Environment Committee to be reported back by 27 April.We all know that transport emissions make up a huge proportion of New Zealand's greenhouse gas emissions—about 47 percent of the carbon emissions and about 17 percent of our gross emissions—so we need to reduce these emissions; we've all agreed on that. How do we do it? Well for transport we know that electrification is important but of course that takes time. As the Minister the Hon Megan Woods mentioned in her speech vehicles can last for around 20 years. So what we're doing here is changing the fuel.At the moment fossil fuel can be mixed with other liquid fuels and this bill is about requiring a percentage of that biofuel. What is biofuel? It's something that is produced from biomass and of course it's not a fossil fuel so it's not emitting the carbon into the atmosphere. It's a great great thing to be using when we use it properly—which I'll come to in a minute and acknowledge the concern of the previous speaker Stuart Smith about sustainability. Very pleased to hear about that! This bill doesn't apply to aviation. It does apply to an obliged person who's covered by the Climate Change Response Act and therefore covered in the emissions trading scheme (ETS).The biofuel must be sustainable and what is sustainable can be determined by regulations. When making regulations clause 13 provides matters to consider and I'm sure the previous speaker will be interested in these. At clause 13 we don't want to have a significant adverse effect on biodiversity on deforestation on food and feed security on water quality or a high risk of indirect land-use change. The Minister must have regard to soil carbon and the waste hierarchy and those classes of waste don't have to meet the criteria I've just read out.The Environmental Protection Agency is the regulator of this bill. It's a good bill and while I accept the concerns about sustainability which is why there is this regulatory process to address that that will be a good thing to discuss in the Environment Committee. So I commend this bill. It's squarely aimed at reducing greenhouse gas emissions and it's one of the many many measures needed—not just relying on the ETS and market mechanisms which do not cover everything—which is what every expert ever has ever told the Environment Committee. I commend this bill to the House.
Te Rohe o Rongokako Joint Redress Bill — Second Reading
Strange JamieJAMIE STRANGE (Labour—Hamilton East): Madam Speaker thanks for the opportunity to take a brief call on Te Rohe o Rongokako Joint Redress Bill. I'd like to echo the comments of the previous member there Ian McKelvie who spoke quite in depth about the excellent work that has been done over successive Governments in this area around the Treaty settlements and the redress. I'd like to acknowledge the Minister for Treaty of Waitangi Negotiations the Hon Andrew Little and before him the Hon Chris Finlayson for the work that they have both done—and other Ministers—in this area.The Māori Affairs Committee we've heard shepherded this bill through. I'd like to acknowledge all of those members and all of those who made submissions on this bill. As a Parliament we appreciate the engagement of the public on all of the bills that we put through this House.This Labour Government has made a commitment in our manifesto to completing all historic Treaty settlements and this bill is a step towards completing that commitment. It's an important piece of work. It's an important next step in terms of this redress.I'd also like to acknowledge the groups that have come together in this area and admire their resilience energy tenacity and drive to bring us to this point in terms of the second reading—the iwi negotiation teams trustees and all of those who have worked hard on this bill.As the previous speaker said the bill has been well canvassed. I commend this bill to the House. Thank you.Motion agreed to.Bill read a second time.
Andersen GinnyGINNY ANDERSEN (Labour—Hutt South): Kia ora Madam Speaker. It's good to be able to take a brief call on this bill Te Rohe o Rongokako Joint Redress Bill. I was a member of the Māori Affairs Committee for a period of time when some of this bill was being considered. It's good to see that this bill gives effect to the specific cultural redress shared between Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua. It's good to see that we have a separate piece of legislation that provides for the cultural redress. There are some great pieces of cultural redress in here that are very important to all three of those iwi as well as to New Zealanders as well.The cultural redress is intended to recognise the cultural historical and traditional associations of Ngāti Kahungunu and Rangitāne within these areas of interest and it provides for some interesting specific cultural redress items. The one I'd like to speak about briefly is the overlay classification which is a pretty flash long word for having some special relationship with Castlepoint which has got a wonderful name in Māori: Rangi-whakaoma which refers to the speed of the way the clouds race across the sky because the wind blows so strongly. And if you've ever been to Rangi-whakaoma or Castlepoint you'll know exactly where that name was derived from. It's got some great stories around that area. That's a very special location. It's where when Kupe was chasing Te Wheke o Muturangi he hid in the cave underneath. I still point out to my children that that's the cave where the wheke hid out. It's got some very special stories in relation to the first discovery of Aotearoa and so it's only right and appropriate that we have some special acknowledgment for cultural redress for those iwi and the history in that space.The bill also provides for making regulations and management of customary fishing in Wairarapa Moana and Ruamāhanga River catchment. I know that river has had issues in the past in terms of keeping it clean. So I really hope that having greater iwi management and oversight in terms of how we're looking after the kai moana or kai awa in those areas we have greater involvement of iwi to keep our whenua and our natural environment to a good standard for people to enjoy.In conclusion I'd like to acknowledge all of those submitters. I wasn't able to be there at Papawai Marae to hear those submissions. I know this has been a long and hard process for the iwi involved. Settlement processes are never easy and they are never by any means perfect but I genuinely hope that this cultural redress enables those iwi to have a stronger and lasting relationship with parts of the whenua that in the past they have not been able to have that relationship with due to the impacts of colonisation in New Zealand. I hope this redress goes some way to re-establishing a stronger relationship between the Crown Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua. Anei te mihi nui ki a koe Madam Speaker. Tēnā koe.
Prime Willow-JeanWILLOW-JEAN PRIME (Labour—Northland): Tēnā koe e te Māngai o te Whare. He tū poto noa iho tēnei.[This is just a short call.]I just rise to take a short call as the Māori Party—no I'm here to take their call.I have been a temporary member of the Māori Affairs Committee. I was sad to learn when I arrived that for this particular bill they had actually gone out to one of the marae—Papawai Marae—to hear submissions regarding this bill and that I had missed the opportunity to do that being a temporary member. So I want to acknowledge the chair Tāmati Coffey and the deputy chair Arena Williams who shared some of their experience—and also the member who's just left: Paul Eagle—of hearing those submissions from the claimant groups on their own marae traversing those historic grievances. I note that the select committee received 28 submissions regarding this particular bill and heard from 21 of those.So it has been I think well traversed and expressed and explained by members of that committee what exactly this bill intends to do. It is to give effect to the settlements that have been reached by the two iwi groups—firstly in 2016 and then secondly in 2020. So this bill will give effect to that joint redress and they have their own separate settlement legislation as well.So I just want to acknowledge the mahi of the Māori Affairs Committee that they went to Papawai Marae to hear those submissions for the work that they have done on this bill and also the one that will be coming again next week. With that I commend the bill to the House.
Hipkins ChrisSITTINGS OF THE HOUSEHon CHRIS HIPKINS (Leader of the House): I move That the sitting of the House today be extended into the morning of Wednesday 16 November for the committee stage of the Electoral (Māori Option) Amendment Bill and the Security Information in Proceedings Legislation Bill; the second readings of the Dairy Industry Restructuring (Fonterra Capital Restructuring) Amendment Bill and the Companies (Levies) Amendment Bill; the third reading of the Plant Variety Rights Bill; the second reading of the Natural Hazards Insurance Bill; the committee stages of the Māori Purposes Bill the Remuneration Authority Legislation Bill and the Statutes Amendment Bill; and the second reading of the Civil Aviation Bill.
Little AndrewAMENDED ANSWERS TO ORAL QUESTIONSQuestion No. 8 to Minister 9 NovemberHon ANDREW LITTLE (Minister of Health): I seek leave to correct an answer to a question I gave in Parliament last week. SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none. Hon ANDREW LITTLE: Last week in answer to a question I stated that 1266 internationally qualified nurses had arrived in New Zealand since 1 January this year. In preparation for today's question time I'm now advised that that number should have been 1231. I have advised Dr Shane Reti who has a question in today's question time and so he is aware of that change.
Rurawhe AdrianPETITIONS PAPERS SELECT COMMITTEE REPORTS AND INTRODUCTION OF BILLSSPEAKER: A petition has been delivered to the Clerk for presentation.DEPUTY CLERK: Petition of Greg Rzesniowiecki requesting that the House undertake an inquiry into the COVID-19 pandemic and official response.SPEAKER: That petition stands referred to the Petitions Committee. Ministers have delivered papers.DEPUTY CLERK: 2022 annual reports for New Zealand Growth Capital Partners MetService Quotable Value Electricity Corporation of New Zealand New Zealand Railways Corporation and the New Zealand Lottery Grants Board2022 integrated reports for Landcorp Farming limited operating as Pāmu Assure Quality Transpower Airways Corporation of New Zealand and KiwiRail.SPEAKER: Those papers are published under the authority of the House. Select committee reports have been delivered for presentation.DEPUTY CLERK:Report of the Environment Committee on the Climate Change Response (Extension of Penalty Transition for Forestry Activities with Low Volume Emissions Liabilities) Amendment Billreports of the Finance and Expenditure Committee on the petition of Grey Power Hastings & Districts Association Inc: Keep water assets locally owned and managed and the Water Services Entities Billreport of the Foreign Affairs Defence and Trade Committee on the petition of Kostyantyn Starodub on behalf of the NZ Ukraine Action: Welcome people fleeing the war in Ukraine to Aotearoareport of the Māori Affairs Committee on the Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Claims Settlement Billreport of the Officers of Parliament Committee on the alteration to the 2022-23 appropriations for Vote Auditreports of the Petitions Committee on the:petition of Chlöe Swarbrick MP: support our studentspetition of Clive Hobson: increase pension for pensionerspetition of James Boland: adopt the human right to a healthy environment.petition of Shannon Quinn: remove GST on fruits and vegetablesreports of the Regulations Review Committee on the examination of COVID-19 order presented on 21 October 2022 and the examination of COVID-19 orders presented on 15 September 2022.SPEAKER: The bills are set down for second reading. The report of the Officers of Parliament Committee and the reports of the Regulations Review Committee are set down for consideration. The Clerk has been informed of the introduction of bills.DEPUTY CLERK:Natural and Built Environment Bill introductionSpatial Planning Bill introductionFuel Industry Amendment Bill introduction.SPEAKER: Those bills are set down for first reading.
Speaker's Rulings — Reserved Provision—Electoral (Māori Option) Legislation Bill
Rurawhe AdrianSPEAKER'S RULINGSReserved Provision—Electoral (Māori Option) Legislation BillSPEAKER: Members the Electoral (Māori Electoral Option) Legislation Bill is on the Order Paper for consideration in committee. I would like to inform the House of my approach to the proposal contained in the bill for the amendment of a reserved provision. Clause 5 amends section 35 of the Electoral Act 1993 which is a reserved provision under section 268(1)(c) of that Act. During the committee stage the question will be put separately on clause 5 and it will be agreed to only if the votes of 90 or more members are cast in favour of it. I have considered carefully whether clause 5 is a proposal to amend a reserved provision and am satisfied that it is. I have taken relevant case law into account when deciding this matter. The Speaker ensures the House meets legal requirements that apply to it. Where there is doubt about how the law should be applied in such cases the Speaker will tend to prefer the approach that is least likely to give rise to judicial consideration of whether the law has been validly made. I say this as an aside because in this case it is clear that clause 5 is a proposal to amend a reserved provision and the special majority is needed for it to pass.
Ngarewa-Packer DebbieDEBBIE NGAREWA-PACKER (Co-Leader—Te Paati Māori): Tēnā koe e te Māngai. Te Paati Māori also is proud to be standing here to support the call today.Ko wai ngā hine? Ko wai ngā hine?Ko ngā Mamaku e ngunguru e.Tū mai rā koe te mana wahine te whare tangataNgā Mamaku o Aotearoa e.[Who are these women? Who are these women? It's the Black Ferns rumbling.Stand tall with pride women the house of humanityThe Black Ferns of Aotearoa.]I stand in awe of our wāhine toa o ngā Mamaku. Our kōtiro our tuāhine our whāea our kuia were all there seeing what they live every day: wāhine claiming their space on the field. And unlike my esteemed colleagues on the other side—Te Paati Māori couldn't afford a box seat—I had to stand with Pātea Māori Club to get my ticket in there and absolutely enjoyed the vibes the atmosphere watching rugby of that level with wāhine with our young kōtiro all leaning up against the side line all cheering on in a way that I think we will probably never ever forget.That is the norm. The norm is that we saw what our wāhine are capable of and I guess what we need to think about is how they included and took us all with them via poi. How we saw mātauranga Māori used how we saw our culture actually brings pride; it uplifts and it was an influence that brought about I guess the togetherness of Aotearoa. That is Tiriti-centric Aotearoa in the making. That is exactly what we talk about every day. Ruby Tui said They said we could never sell out Eden."—and they ran out to a sold-out crowd. They showed them; they showed us. They shook the old boys' club and they deserve the bonus not just for winning but for shattering the patriarchal behaviour that hangs around rugby union. They showed the world but most importantly they showed us here in Aotearoa that wāhine are equal on and off the field—that Te Ao Māori is equal on and off the field. And I think if we were going to do anything I'm really really hoping that today or tomorrow we're going to hear the date for the parade that is going to happen in Wellington—for the event that we hopefully get invited to for the fact that we have opportunities here to celebrate the resilience and the absolute exemplar of this team.I think from us what we also saw most importantly was our young boys our young tāne our koroua our uncles watching wāhine—together; together. Wāhine and tāne should be taking this world together in sports together in everything that we do. I think that was the balance that this team did. They had no idea that it was so much more than just playing a game. I think for us it's an extreme honour to be able to stand here and mihi to them and hope that we don't have to be debating the value of our wāhine in sports ever again that the young women coming through can see and appreciate the value that we have as a nation for them and not just in this sport but in every sport. Nō reira tēnā koutou. Ngā mihi aroha ki a koutou ngā Mamaku o Aotearoa.Motion agreed to."
Motions — Black Ferns—Congratulations
van Velden BrookeBROOKE VAN VELDEN (Deputy Leader—ACT): On behalf of my ACT Party colleagues we wish to extend our congratulations to the Black Ferns on their Women's Rugby World Cup victory. Saturday's game was spectacular. The last few minutes of play were thrilling for everyone watching in the stands watching at home on the couch or at the local pub. New Zealanders united in a collectively deeply held breath that the girls would pull through and claim victory—and did they ever. It was a great game of rugby.But it wasn't just Saturday's game that was spectacular; all the games were. It was a great tournament. The Black Ferns scored 268 points in the tournament overall and had three players in the top five for the most points scored. Portia Woodman Renee Holmes Ruahei Demant—and Portia was the top try scorer at the World Cup with seven tries scored. In the words of one of our ACT office staff: what a beast man! It was also the character of each one of the players that was spectacular. It's that character that's inspired a nation. Not only were our Black Ferns talented at what they do they showed commitment to the game and sporting spirit. They brought people together. Ruby Tui got the crowd singing and people at the stadium hung around excited to be there and wanting to celebrate the win with the team.I think we can all agree that it was an historic moment: Eden Park packed out for a women's sports team. ACT hopes that young girls up and down New Zealand will be inspired by this new generation of heroes and can see that rugby is not just a sport for men; it's a New Zealand sport. We're pleased for the young girls who have new role models that can inspire them to get outside and share in sport. Once again we congratulate the Black Ferns on their great victory. Well done to the Black Ferns.
Visitors — Niue Legislation Assembly—Parliamentary Delegation
Davidson MaramaHon MARAMA DAVIDSON (Co-Leader—Green): Congratulations to Ngā Mamaku the Black Ferns. Pay them. Pay them well. Pay them all of the things. Pay them what they have always deserved. I wanted to make that really clear in my speech today.My husband knows that it is not my normal behaviour to have kept the scorecard religiously every weekend and written in it every weekend. [Holds up scorecard] This is how excited I was about supporting this team. He's never seen me even bother to put up any scorecard for any team ever. I did this because what an amazing beautiful spirit. Ngā Mamaku have always been about brilliant superb skill and athleticism. For goodness' sake this is their sixth World Cup—I mean what else could they ever be but brilliant athletes?But bigger than that they have had an incredible spirit—we saw that around that park where I was so honoured to be. And I will say I was proud that before the tournament even started I bid at an auction to help a sexual-violence organisation fund-raise. I probably paid five times as much as if I had just gone online but I was determined to support the team to support the kaupapa of the organisation and to take my family out for an unforgettable night. My goodness I could have paid 20 times for what I got from that incredible night.We saw Ruby Tui at the end say to New Zealand New Zealand kei te pēhea koe?" We saw Ruby Tuna—Ruby Tuna? She's awesome. We also saw Ruby Tui who's also awesome get everybody singing "Tūtira Mai Ngā Iwi" in a way that we have never seen that stadium agree to sing before. We saw people all over the stadium swinging poi. [Swings poi] Mr Speaker I hope you allow me to break the rules just for this second. This poi was made by Georgia Latu who was responsible for making over 30000 of those poi. Mihi to Hinewehi Mohi for coming up with the superb way of uniting us in Te Ao Māori culture that those girls so fiercely upheld. Their haka had them coursing their pride through their veins as they demonstrated that Te Ao Māori is to be cherished shared supported and mostly enjoyed for everyone.I am just so honoured to be here today. I put the bid in for this speech by the way Mr Robertson on Sunday morning before you even asked—before—before I even knew that this was going to happen in this House.Mana wāhine—there is no description it shows itself clearly in front of us. When it comes we know and it has been here for quite some time. But my goodness through this entire tournament that team has had the community right in behind them and continued to uphold their leadership. And we need to continue to get in behind Ngā Mamaku and the community to support them being affirmed for who they always have been.Ngā Mamaku are the best of us. They have brought out the best of us and we need to continue to support their mana. Kia ora."
Luxon ChristopherCHRISTOPHER LUXON (Leader of the Opposition): Thank you Mr Speaker. The National Party is delighted to support this motion. We not only congratulate the Black Ferns on winning the Rugby World Cup; we thank them. Not a lot unites the country at the moment but on Saturday night and indeed right through the tournament the Black Ferns captured the imagination of New Zealanders. The Black Ferns' skill their heart their personal conduct their commitment and their team spirit have been exemplary. The standard of the top teams at this competition means the playoffs and finals were great spectacles and excellent entertainment. Those teams have taken women's rugby to a new level and simply put the Black Ferns have brought the joy back to the most Kiwi of pastimes: watching rugby. New Zealand Rugby told me that large numbers of those who went to the opening game had actually never watched a rugby match before and I'm guessing that must have swelled on finals night too. The Black Ferns' passion and gusto has injected such a surging energy into our national game and has been a source of inspiration particularly for our youngest Kiwis the emerging generation of our next rugby greats.National thanks not only the players but also coach Wayne Smith and the whole iceberg below the water that is required for a team of this calibre to perform as they have and also those involved in securing the event for New Zealand and running it. Thank you. And we thank also the women who paved the way for the 2022 competition to reach these heights—so many women over so many years who went before and could only dream of paying spectators filling Eden Park to watch women's rugby. On Saturday night that dream was realised.As a keen follower of rugby I was personally fortunate to attend the Black Ferns opening game the semi-final as well as the final and I loved every minute of it. It was a fantastic atmosphere on Saturday night and I thank the whole of the Black Ferns team for their inspiration to think about the broader role also that this represents that sport has in people's health in their wellbeing and in social cohesion.National is pleased to place on record in this House its congratulations and thanks each and every member of the Black Ferns and their management and their support teams. Well done and go the Black Ferns.
Rurawhe AdrianVISITORSNiue—Legislation Assembly DelegationSPEAKER: Members I am sure that you would wish to welcome the parliamentary delegation from the Niue Legislation Assembly who are present today in the gallery.
Salesa JennyTUESDAY 15 NOVEMBER 2022The Speaker took the Chair at 2 p.m.KARAKIA/PRAYERSASSISTANT SPEAKER (Hon Jenny Salesa): 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 Kīngi 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. Āmene.[Almighty God we give thanks for the blessings which have been bestowed on us. Laying aside all personal interests we acknowledge the King 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 9 November 2022 (continued on Thursday 10 November 2022) - Volume 764
Plant Variety Rights Bill — In Committee—Clauses 1 and 2
VoteClauses 1 and 2 Title and commencementCHAIRPERSON (Hon Jacqui Dean): Members we come now to our final debate. This is the debate on clauses 1 and 2 title and commencement. The question is that clause 1 stand part.A party vote was called for on the question That clause 1 be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Clause 1 agreed to.CHAIRPERSON (Hon Jacqui Dean): Mark Cameron's amendment to clause 2 set out on Supplementary Order Paper 186 is out of order as being inconsistent with a previous decision of the committee. The question is that clause 2 stand part.A party vote was called for on the question That clause 2 be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Clause 2 agreed to.Bill to be reported with amendment.House resumed.
Plant Variety Rights Bill — In Committee—Schedules 1 to 3
VoteSchedule 1CHAIRPERSON (Hon Jacqui Dean): The question is that the Minister's amendments to Schedule 1 set out on Supplementary Order Paper 132 be agreed to. A party vote was called for on the question That the amendments be agreed to.Ayes 95New Zealand Labour 64; New Zealand National 31.Noes 20Green Party of Aotearoa New Zealand 10; ACT New Zealand 10.Amendments agreed to.CHAIRPERSON (Hon Jacqui Dean): Mark Cameron's amendment to Schedule 1 set out on Supplementary Order Paper 186 is out of order as being inconsistent with a previous decision of the committee.The question is that Andrew Bayly's amendment to Schedule 1 set out on Supplementary Order Paper 191 be agreed to. A party vote was called for on the question That the amendment be agreed to.Ayes 41New Zealand National 31; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendment not agreed to.CHAIRPERSON (Hon Jacqui Dean): Andrew Bayly's amendment to Schedule 1 set out on Supplementary Order Paper 192 is out of order as being inconsistent with a previous decision of the committee.A party vote was called for on the question That Schedule 1 as amended be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Schedule 1 as amended agreed to.Schedule 1ACHAIRPERSON (Hon Jacqui Dean): Mark Cameron's amendment deleting Schedule 1A set out on Supplementary Order Paper 186 is out of order as being inconsistent with a previous decision of the committee. Andrew Bayly's amendment deleting Schedule 1A set out on Supplementary Order Paper 192 is out of order as being inconsistent with a previous decision of the committee.A party vote was called for on the question That Schedule 1A be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Schedule 1A agreed to.Schedule 2CHAIRPERSON (Hon Jacqui Dean): Mark Cameron's amendment to Schedule 2 set out on Supplementary Order Paper 186 is out of order as being inconsistent with a previous decision of the committee.The question is that Andrew Bayly's amendments to Schedule 2 set out on Supplementary Order Paper 193 be agreed to. A party vote was called for on the question That the amendments be agreed to.Ayes 41New Zealand National 31; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendments not agreed to.A party vote was called for on the question That Schedule 2 be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Schedule 2 agreed to.Schedule 3A party vote was called for on the question That Schedule 3 be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Schedule 3 agreed to.
Plant Variety Rights Bill — In Committee—Part 8
VoteCHAIRPERSON (Hon Jacqui Dean): The question is that the Minister's amendments to Part 8 set out on Supplementary Order Paper 132 be agreed to.A party vote was called for on the question That the amendments be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 10Green Party of Aotearoa New Zealand 10.Amendments agreed to.CHAIRPERSON (Hon Jacqui Dean): Mark Cameron's amendment to Part 8 set out on Supplementary Order Paper 186 are out of order as being inconsistent with a previous decision of the committee. The question is that Andrew Bayly's amendments to Part 8 set out on Supplementary Order Paper 191 be agreed to.A party vote was called for on the question That the amendments be agreed to.Ayes 41New Zealand National 31; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendments not agreed to.CHAIRPERSON (Hon Jacqui Dean): The question is that Andrew Bayly's amendments to Part 8 set out on Supplementary Order Paper 193 be agreed to.A party vote was called for on the question That the amendments be agreed to.Ayes 41New Zealand National 31; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendments not agreed to.CHAIRPERSON (Hon Jacqui Dean): The question is that Andrew Bayly's amendment to Part 8 set out on Supplementary Order Paper 192 be agreed to.A party vote was called for on the question That the amendment be agreed to.Ayes 41New Zealand National 31; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendment not agreed to.CHAIRPERSON (Hon Jacqui Dean): The question is that Part 8 as amended stand part.A party vote was called for on the question That Part 8 as amended be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Part 8 as amended agreed to.
VoteCHAIRPERSON (Hon Jacqui Dean): The question is that Minister's amendments to Part 7 set out on Supplementary Order Paper 132 be agreed to—is anybody going to vote?Amendments agreed to.CHAIRPERSON (Hon Jacqui Dean): Mark Cameron's amendment to Part 7 set out on Supplementary Order Paper 186 is out of order as being inconsistent with a previous decision of the committee.The question is that Andrew Bayly's amendments to Part 7 set out on Supplementary Order Paper 191 be agreed to.A party vote was called for on the question That the amendments be agreed to.Ayes 41New Zealand National 31; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendments not agreed to.A party vote was called for on the question That Part 7 as amended be agreed to.Ayes 105New Zealand Labour 64; New Zealand National 31; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Part 7 as amended agreed to.
Plant Variety Rights Bill — In Committee—Part 7
VoteCHAIRPERSON (Greg O'Connor): The question is that the Minister's amendments to Part 6 set out on Supplementary Order Paper 132 be agreed to.A party vote was called for on the question That the amendment be agreed to.Ayes 106New Zealand Labour 64; New Zealand National 32; ACT New Zealand 10.Noes 10Green Party of Aotearoa New Zealand 10.Amendments agreed to.CHAIRPERSON (Greg O'Connor): Mark Cameron's amendments to Part 6 set out on Supplementary Order Paper 186 are out of order as being inconsistent with a previous decision of the committee.The question is that Andrew Bayly's amendments to Part 6 set out on Supplementary Order Paper 191 be agreed to.A party vote was called for on the question That the amendment be agreed to.Ayes 42New Zealand National 32; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendments not agreed to.CHAIRPERSON (Greg O'Connor): The question is that Part 6 as amended stand part. All those in favour will say Aye; to the contrary No. The Ayes have it. The question is agreed.Hon Eugenie Sage: Party vote.Andrew Bayly: Point of order.CHAIRPERSON (Greg O'Connor): Oh sorry. Did I miss a vote? I did. Sorry. Was that a party vote call?Hon Eugenie Sage: Party vote please. A party vote was called for on the question That Part 6 as amended be agreed to.Ayes 106New Zealand Labour 64; New Zealand National 32; ACT New Zealand 10.Noes 10Green Party of Aotearoa New Zealand 10.Part 6 as amended agreed to.
Plant Variety Rights Bill — In Committee—Part 6
VoteCHAIRPERSON (Greg O'Connor): The question is that the Minister's amendments to Part 5 set out on Supplementary Order Paper 132 be agreed to.Amendments agreed to.CHAIRPERSON (Greg O'Connor): Mark Cameron's amendment deleting Part 5 set out on Supplementary Order Paper 186 is out of order as being inconsistent with a previous decision of the committee. Andrew Bayly's amendment deleting the subheading above clause 68A and clauses 68A to 68D set out on Supplementary Order Paper 192 is out of order as being inconsistent with a previous decision of the committee. The question is that Andrew Bayly's remaining amendments to Part 5 set out on Supplementary Order Paper 192 be agreed to. A party vote was called for on the question That the amendments be agreed to.Ayes 42New Zealand National 32; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendments not agreed to.CHAIRPERSON (Greg O'Connor): Andrew Bayly's amendment deleting clause 68D set out on Supplementary Order Paper 193 is out of order as being inconsistent with a previous decision of the committee.The question is that Andrew Bayly's remaining amendments to Part 5 set out on Supplementary Order Paper 193 be agreed toA party vote was called for on the question That the amendments be agreed to.Ayes 42New Zealand National 32; ACT New Zealand 10.Noes 74New Zealand Labour 64; Green Party of Aotearoa New Zealand 10.Amendments not agreed to.CHAIRPERSON (Greg O'Connor): The question is that Part 5 as amended stand part.Part 5 as amended agreed to.
Plant Variety Rights Bill — In Committee—Part 5
Inspector-General of Defence Bill — First Reading (continued)
VoteA party vote was called for on the question That the Inspector-General of Defence Bill be now read a first time.Ayes 86New Zealand Labour 64; Green Party of Aotearoa New Zealand 10; ACT New Zealand 10; Te Paati Māori 2.Noes 32New Zealand National 32.Motion agreed to.Bill read a first time.ASSISTANT SPEAKER (Hon Jacqui Dean): The question is That the Inspector-General of Defence Bill be considered by the Foreign Affairs Defence and Trade Committee.Motion agreed to.Bill referred to the Foreign Affairs Defence and Trade Committee.ASSISTANT SPEAKER (Hon Jacqui Dean): I declare the House in committee for consideration of the Plant Variety Rights Bill.
United Kingdom Free Trade Agreement Legislation Bill and Apple Transitional Export Quota Bill — Third Readings
VoteA party vote was called for on the question That the United Kingdom Free Trade Agreement Legislation Bill and the Apple Transitional Export Quota Bill be now read a third time.Ayes 106 New Zealand Labour 64; New Zealand National 32; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Motion agreed to.Bills read a third time.The result corrected after originally being announced as Ayes 107 Noes 12.
Thursday 10 November 2022 - Volume 764
11. Question No. 11—CustomsIBRAHIM OMER (Labour) to the Minister of CustomsQuestion No. 11—Customs11. IBRAHIM OMER (Labour) to the Minister of Customs: What announcements has she made about a modernised border experience for travellers?Hon MEKA WHAITIRI (Minister of Customs): The Customs and Excise (Arrival Information) Amendment Bill will improve border management and ensure a smooth experience for travellers touching down in Aotearoa by making improvements to support the implementation of a digital arrival card. The bill amends the Customs and Excise Act 2018 to make the obligations for arrival information clearer. The changes will make it an easier and faster experience for international travellers including tourists coming into Aotearoa while also ensuring we can manage border-related risks.Ibrahim Omer: Why are these changes necessary?Hon MEKA WHAITIRI: As passenger numbers return to normal levels it's important that our border processes are as efficient as possible while also helping to make our border safer and smarter. This bill will modernise the border process by allowing for traveller information to be provided digitally and prior to their arrival. This will help front-line officers to focus on potential risk and enable border agencies to assess arrival information more efficiently beforehand.Ibrahim Omer: How will this improve the experience for travellers coming into Aotearoa?Hon MEKA WHAITIRI: If a traveller makes their declaration prior to arrival on a voluntary basis they are likely to experience a streamlined process. For example they might not have to stop to complete the arrival card as they have completed it prior to travel. If there are no risk factors raised from their arrival information they may not have any contact with a customs officer.Ibrahim Omer: What is planned to support people who face digital barriers?Hon MEKA WHAITIRI: Work is under way on an accessibility and inclusion strategy to ensure that the digital arrival card meets the needs of a variety of people. A paper form will be available to support people who struggle with the digital system or have no device. In the longer term it is planned to have things like kiosks to allow people to complete the form on arrival if they do not have a device.
Dean JacquiCHAIRPERSON (Hon Jacqui Dean): Mr Speaker the committee has further considered the Plant Variety Rights Bill and reports it with amendment. I move That the report be adopted.Motion agreed to.Report adopted.
Dean Jacqui; Clark DavidHelen White: Madam Chair?Andrew Bayly: Can we hear the answer?HELEN WHITE (Labour): I move That the question be now put.CHAIRPERSON (Hon Jacqui Dean): Thank you for that but the Minister was about to take a call and the member is fully engaged in this part so we will proceed.Hon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): As laid out the commissioner after talking to parties sets that royalty. The previous matters canvassed by the member have been I think debated and answered. The member makes this case again but I note it for the record.Helen White: Madam Chair.CHAIRPERSON (Hon Jacqui Dean): I was about to put the question.Helen White: Oh.CHAIRPERSON (Hon Jacqui Dean): But I will take the member since she sought the call.HELEN WHITE (Labour): I move That the question be now put.
O'Connor Greg; Clark DavidPart 7 Compulsory licencesCHAIRPERSON (Greg O'Connor): Members we now come to Part 7. This is the debate on clauses 101 to 113 Compulsory licences". The question is that Part 7 stand part.Hon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): Part 7 of the bill sets out provisions relating to compulsory licences.The compulsory licence provisions were one of the more contentious areas with industry stakeholders during the select committee process. They set out the circumstances under which the commissioner can require a plant variety right holder to licence the use of their protected variety. Most submitters argued that they either should not exist at all or if they do they should be limited to a very narrow public interest test—for example the need to protect life and health.I disagree and agree with the Economic Development Science and Innovation Committee. Intellectual property rights exist for the benefit of New Zealand as a whole. To encourage innovation innovators are provided a time-limited statutorily exclusive right to give them the opportunity to make a return on their investment. In return that innovation needs to be made available to the wider public so that New Zealand as a whole can benefit. The compulsory licence provisions are there at least in part to ensure availability if that is not happening.So while the new provisions still retain the availability test carried over from the current Act they also make a number of important improvements on those provisions in response to issues that stakeholders have raised throughout the review—and notably three. The test for a compulsory licence is now framed as a public interest test with availability as one of the factors that the commissioner must consider.The availability test includes consideration of the availability of harvested material as well as propagating material and section 21(3) of the current Act—the focus of much of stakeholder dissatisfaction—has not been carried over. This prevented propagating material whose harvested material was already under contract from being included in the assessment of availability—which is an issue for closed loop arrangements like that operated by Zespri where licences to grow are issued and the produce is then sold back to the rights holders for marketing.While this was hotly contested I would note that in the last 30 years only two of these have been argued. None the less an important thing to debate."
O'Connor Greg; Clark DavidPart 6 Plant variety rights: other mattersCHAIRPERSON (Greg O'Connor): Members we now come to Part 6. This is the debate on clauses 69 to 100 Plant variety rights: other matters". The question is that Part 6 stand part.Hon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): Part 6 of the bill gives a wide range of administrative and procedural issues in the plant variety rights (PVR) regime. These include matters such as the registration of assignments cancellation and nullification of PVRs and the restoration of lapsed PVR applications and PVRs cancelled for non-payment of the renewal fee. Comments raised by submitters on Part 6 I'm informed were largely technical in nature and a number of changes were made as a result."
Utikere Tangi; O'Connor GregTANGI UTIKERE (Junior Whip—Labour): I move That the question be now put.CHAIRPERSON (Greg O'Connor): I will indicate Mr Bayly different members asking the same question doesn't constitute new material but you have the call.
Bayly Andrew; Clark DavidANDREW BAYLY (National—Port Waikato): Very interesting response. So I suppose this is where you get into these difficulties because I don't think anyone again would dispute that Māori have a kaitiaki relationship with kūmara particularly because it came in with the first waka. But what might be the process in that situation where in this case a Chinese family have helped develop a new species? Under the arrangements set out in the bill that would automatically go to the Māori Plant Varieties Committee. So the question then becomes: who would own the intellectual property of the new variety? Because it is a new variety—of kūmara but it's a new variety. There'll be multiple varieties of kūmara. Who might in that situation end up owning that plant variety? Now it was very nice that the family gave that variety away freely because they wanted to see and make sure New Zealanders were able to eat kūmara. But what is the likely scenario in terms of ownership of that plant variety species I suppose you'd call it? Would the Māori Plant Varieties Committee immediately assume that because it's kaitiaki it must be owned by Māori? Or does the family have a right to it and is able to commercialise it even though it may not be just used in New Zealand—it may be used for export crops? So just understanding the role and the decision-making process if the Minister could help me. I hope he understands what I'm asking because how do you actually pick it up—and actually the value of course we're talking about is intellectual property and the intellectual value that comes from that. Hon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): Yep. So the member raises a good question. The intellectual property would be owned by the people that develop the new crop and the commercial arrangements would be a conversation with the kaitiaki and that's the way it effectively would run in the conversation.Andrew Bayly: Can you—sorry just—Hon Dr DAVID CLARK: Is that still not coming through? So then let me repeat that for the sake of the committee. The intellectual property would be owned by the developer of the intellectual property but the commercial arrangements may involve a conversation with the kaitiaki who have the traditional oversight of that particular variety.
Lee Melissa; Clark DavidMELISSA LEE (National): Mr Chair if I could now—I thank you Minister Clark for clarifying some of the issues. I'd like to go back to the question that my learned colleague Andrew Bayly has actually asked in relation to the kaitiaki relationship of indigenous plant variety. In terms of the application for the plant variety rights (PVR) and kaitiaki for plants that perhaps were actually brought in before Pākehā settlement in New Zealand for example I think in the previous session that we were speaking in I mentioned the issue of kūmara. I know it might sound to other members that I'm harking on about this but the thing is that the kūmara stock that we had in this country literally was decimated because of black rot. It was the variety that was developed by Joe and Fay Gock—people who were farming in Pukekohe I think who distributed their variety. So how does the kaitiaki relationship apply to kūmara? It was a completely new variety that the Gock family developed and freely gave out to everyone including our Māori community. So it would be really helpful if the Minister could explain that in terms of the kaitiaki relationship and the PVR application process.Hon Dr DAVID CLARK (Minister of Commerce and Consumer Affairs): Well I think—just noting that this has been canvassed several times in the House and I was just looking back at Michael Woodhouse's first reading speech which also referenced the Gocks and the work that they did. Obviously if a species has a kaitiaki relationship that process plays out through the Māori Plant Varieties Committee and there is an appeal right if people want to dispute the way that plays through. I won't get ahead of any judgments they would make around that but I think the kūmara species is something that Māori have had a long relationship and a kaitiaki relationship with and so I would expect that to be something that would appear before that committee.