edithatogo/nz-hansard-corpus huggingface dataset:
Prebble Richard: Points of Order — Question No. 4 to Minister 13 May 
Prebble Richard: Points of Order — Question No. 4 to Minister 13 May 
[Volume:608;Page:5680] 
Hon RICHARD PREBBLE (Leader—ACT NZ) 
: 
 I wondered whether I could raise another matter with you Mr Speaker and perhaps the Prime Minister will contemplate your reply. Although I most certainly support your ruling that correction of a question should be done by a personal explanation if one reads the personal explanation one sees that it leads to some ministerial matters. We have to accept that when the Prime Minister requested all relevant documents from her department they were not sent over. There is something seriously wrong in the Ministry for Culture and Heritage and that is a matter for a ministerial statement and not a personal explanation. It is not personal; it is a matter relating to her ministry. The Prime Minister will no doubt be holding an inquiry into that matter especially if the documents were requested in order to give answers to Parliament. It would appear to me that this is a matter that would be appropriate for a ministerial statement and no doubt the Prime Minister is very keen to find out why she was misled like the House. Members of Parliament were required to withdraw and apologise when in fact they were correct in what they were saying and the Prime Minister was wrong. That is a matter for a ministerial statement is it not?
Hunt Jonathan: Business Statement 
Hunt Jonathan: Business Statement 
[Volume:623;Page:18739] 
Mr SPEAKER 
: It is the job of the Committee of the whole House to debate these matters. The two texts are part of the bill; one is not a translation of the other. The staff of the Office of the Clerk do not give assurances about the text of bills. The interpreter is a member of staff not a witness before a committee. But I do take seriously the point raised by the Hon Richard Prebble and I will examine the transcripts and look at this whole issue.
Vote: Television New Zealand Bill — Instruction to Committee In Committee 
Vote: Television New Zealand Bill — Instruction to Committee In Committee 
[Volume:606;Page:3759] 
A party vote was called for on the question  
That the amendment to the amendment be agreed to. 
Ayes 57 
New Zealand National 27; New Zealand First 13; Green Party 9; United Future 8. 
Noes 59 
Labour 52; ACT New Zealand 7. 
Ayes 47 
New Zealand National 27; New Zealand First 13; ACT New Zealand 7. 
Noes 69 
Labour 52; Green Party 9; United Future 8. 
Ayes 48 
New Zealand National 27; New Zealand First 13; United Future 8. 
Noes 68 
Labour 52; ACT New Zealand 7; Green Party 9. 
Ayes 22 
New Zealand First 13; Green Party 9. 
Noes 94 
Labour 52; New Zealand National 27; ACT New Zealand 7; United Future 8. 
Amendment to the amendment not agreed to.Amendment to the amendment not agreed to.Amendment to the amendment not agreed to.Amendment to the amendment not agreed to. 
The question was put that the following amendment in the name of Katherine Rich to new clause 10 set out on Supplementary Order Paper 57 in the name of the Hon Steve Maharey be agreed to: 
to omit subparagraph (xiv) from subclause (2)(b). 
A party vote was called for on the question That the amendment to the amendment be agreed to. 
The question was put that the following amendment in the name of Dail Jones tonew clause 10 set out on Supplementary Order Paper 57 in the name of the Hon Steve Maharey be agreed to: 
to add to subclause (2)(b) the following new paragraph: 
(xv) feature programming of a family nature that supports the family and the development of family life in New Zealand.  
A party vote was called for on the question That the amendment to the amendment be agreed to. 
The question was put that the following amendment in the name of Sue Kedgley tonew clause 10 set out on Supplementary Order Paper 57 in the name of the Hon Steve Maharey be agreed to: 
to insert in paragraph (c) of subclause (3) after the word “social” the words “and environmental”. 
A party vote was called for on the question That the amendment to the amendment be agreed to. 
The question was put that the following amendment in the name of Katherine Rich to new clause 10 set out on Supplementary Order Paper 57 in the name of the Hon Steve Maharey be agreed to: 
to omit from subclause (4) the words “at least every 5 years” and substitute the word “annually”.
Cullen Michael: Masterton District Council (Montfort Trimble Foundation) Bill — Procedure 
Cullen Michael: Masterton District Council (Montfort Trimble Foundation) Bill — Procedure 
[Volume:614;Page:10391] 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 I move 
 That local order of the day No. 2 for the second reading of the Masterton District Council (Montfort Trimble Foundation) Bill be postponed until after local order of the day No. 1. 
Motion agreed to.
Peters Jim: Fiordland (Te Moana o Atawhenua) Marine  Management Bill — Instruction to Committee In Committee 
Peters Jim: Fiordland (Te Moana o Atawhenua) Marine  Management Bill — Instruction to Committee In Committee 
[Volume:625;Page:19865] 
JIM PETERS (NZ First) 
: 
 Just very briefly with regard to Part 1—and in particular with regard to matters that have just been raised—I think it is one of the strengths of the bill that for the first time it recognises the need for an integrated management albeit at this very limited stage. When we read in clause 4 that the Department of Conservation the Ministry for the Environment the Ministry of Agriculture and Forestry the Ministry of Fisheries and the Southland Regional Council are all involved along with the Fiordland Marine Guardians we can see that this is an excellent model that we should be endeavouring to pursue. I know that the Fiordland Marine Guardians in particular welcome this model. In actual fact they favoured that the regional council should be the lead agency and I can quite understand why. A regional council should be a lead agency but for various reasons that was not to be. 
This is the first stage as I said earlier. There is a recognition that in legislative matters there is not yet the ability to go beyond this first cooperative stage. This bill takes into account existing arrangements statutes and facilities and New Zealand First strongly supports this first step in what we see as a development in years to come not only for the Fiordland area—as important as it is—but for any marine park reserve area in the rest of the country. 
The question was put that the following amendment in the name of Metiria Turei to clause 4 be agreed to: 
to omit from the definition of “ 
Minister 
” in subclause (1) the words “for the environment” and substitute the words “of Conservation”.
Mackey Moana: Electricity and Gas Industries Bill — In Committee 
Mackey Moana: Electricity and Gas Industries Bill — In Committee 
[Volume:620;Page:16023] 
MOANA MACKEY (Labour) 
: 
 I move  
That the question be now put 
.
Hunt Jonathan: Urgent Debates Declined — Government Transport Package Foreshore and Seabed Human Rights Review Tribunal Decision Points of Order 
Hunt Jonathan: Urgent Debates Declined — Government Transport Package Foreshore and Seabed Human Rights Review Tribunal Decision Points of Order 
[Volume:614;Page:10726] 
Mr SPEAKER 
: As Speaker I can assure members that I will make sure that members’ rights are upheld.
Hawkins George: Supreme Court Bill — In Committee 
Hawkins George: Supreme Court Bill — In Committee 
[Volume:612;Page:9058] 
Hon GEORGE HAWKINS (Minister of Police) 
: 
 I move  
That the question be now put 
.
Heatley Phil: Aquaculture Reform Bill — In Committee 
Text is incorporated into the Bound Volume 
Heatley Phil: Aquaculture Reform Bill — In Committee 
[Sitting date: 14 December 2004. Volume:622;Page:17745. Text is incorporated into the Bound Volume.] 
PHIL HEATLEY (National—Whangarei) 
: 
 The Committee was asked when this full and final settlement will come round to bite us again—because of course the 1992 fisheries settlement is only just over 12 years old yet we are readdressing it. I pointed to the Government orders of the day listed under “Business before the House” on yesterday’s Order Paper to answer that very question of when the settlement will come back to us. I pointed to the list of bills on the Order Paper running through Nos 1 to 15 16 to 31 and 32 to 35. Just after No. 35 is the Ngati Awa Claims Settlement Bill. If members turn to clauses 118 and 119 of that bill they will see that those clauses deal with an aquaculture settlement specifically with the iwi of Ngati Awa. So there we go. In the next few months that bill will pass through Parliament and it will deal with aquaculture space specifically. So this settlement that gives 20 percent of existing aquaculture space to Maori and up to 40 percent of new aquaculture space to Maori will come round again in a matter of months. 
What does that bill state? It states that the deed of settlement will include a provision that when the Minister of Conservation offers up by public tender any part of the marine coastal area—specifically part of the Ohiwa Harbour—Ngati Awa will have a preferential right to purchase up to 5 percent of that coastal space for aquaculture. Interestingly enough this is not the first time there has been a specific aquaculture settlement. The Nga Rauru Kitahi in Taranaki has the right under its October 2003 settlement to participate in preferential tendering for aquaculture space. Ngati Ruanui in Taranaki signed a deed of settlement in 2001 that gave it a preferential right for aquaculture. Ngati Tama of Taranaki under its settlement of November 2001 has a preferential right to buy at the tender price 10 percent of the allocated marine space. Lastly the Ngai Tahu Claims Settlement Act of 1998 specifically granted to that iwi a preferential purchasing right of 10 percent of the allocated space. 
So there we have five iwi that have gone to the Government of the day—one to the previous National Government and four to the Labour Government—and argued on merit that there is a settlement to be made. The Government of the day has accepted on merit that the claim was fair and it has addressed the claim with a preferential right to purchase aquaculture space. That has happened five times on a case by case basis on merit without affecting any other marine farmer in the country and each time there has been a deed of settlement to point to. There is nothing wrong with that but a blanket give-away of 20 percent of aquaculture space right across the country as this part attests to regardless of any involvement in the marine area is unjustified.
Shirley Ken: Business of the House 
Shirley Ken: Business of the House 
[Volume:627;Page:22028] 
Hon KEN SHIRLEY (ACT) 
: 
 In accordance with a decision of the Business Committee this afternoon I seek the leave of the House for the Smoke-free Environments (Exemptions) Amendment Bill to be set down as members’ order of the day No. 1 tomorrow. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: The member is perfectly entitled to. Is there any objection to that course being followed? There appears to be none.
Vote: Ngati Awa Claims Settlement Bill — In Committee Procedure 
Vote: Ngati Awa Claims Settlement Bill — In Committee Procedure 
[Volume:623;Page:18813] 
A party vote was called for on the question  
That the preamble as amended be agreed to. 
Ayes 111 
New Zealand Labour 51; New Zealand National 27; New Zealand First 13; Green Party 9; United Future 8; Progressive 2; Maori Party 1. 
Noes 7 
ACT New Zealand 7. 
Preamble as amended agreed to.
Chadwick Steve: Criminal Justice Amendment Bill (No 7) — In Committee 
Chadwick Steve: Criminal Justice Amendment Bill (No 7) — In Committee 
[Volume:612;Page:9541] 
STEVE CHADWICK (Labour—Rotorua) 
: 
 I move  
That the question be now put 
.
Benson-Pope David: Amended answers to Oral Questions — Question No. 12 to Minister 18 May 
Benson-Pope David: Amended answers to Oral Questions — Question No. 12 to Minister 18 May 
[Volume:618;Page:13542] 
Hon DAVID BENSON-POPE (Associate Minister for the Environment) 
: 
 On Tuesday 18 May in response to a supplementary question from Jeanette Fitzsimons I stated that I had been “… advised that autopsies of the sheep were carried out.” in relation to the sheep that had been destroyed at the completion of the Whakamaru field test. I have now been advised that the information given to me was incorrect. I am now advised that autopsies were systematically carried out on sheep as part of the trial but only prior to the conclusion of the trial and not on the destroyed sheep. I apologise to the House for any wrong impression that my answer may have caused.
Vote: Smoke-free Environments Amendment Bill — Discharge In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Vote: Smoke-free Environments Amendment Bill — Discharge In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:611;Page:8809] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 64 
Labour 52; New Zealand National 3; Green Party 9. 
Noes 52 
New Zealand National 24; New Zealand First 13; ACT New Zealand 7; United Future 8. 
Amendment agreed to. 
The question was put that the following amendment in the name of Sue Kedgley to clause 2(1) be agreed to: 
to insert after the definition of  
taxi 
 the following definition: 
toy tobacco product 
 means an object that— 
(a)looks like a tobacco product or a smoker’s pipe and can be used to simulate smoking; but 
(b)cannot be smoked is not confectionary and has a primary purpose other than to help people stop smoking.
Tisch Lindsay: New Organisms and Other Matters Bill — In Committee 
Tisch Lindsay: New Organisms and Other Matters Bill — In Committee 
[Volume:611;Page:8858] 
LINDSAY TISCH (Junior Whip—NZ National) 
: 
 I raise a point of order Madam Chairperson. Before the result is announced I ask whether my ACT colleagues want to reconsider their vote. I am buying a bit of time in case they do.
Hunt Jonathan: Urgent Debates Declined — Tariff Reductions Transmission Gully Crimes Act 
Hunt Jonathan: Urgent Debates Declined — Tariff Reductions Transmission Gully Crimes Act 
[Volume:612;Page:8886] 
Mr SPEAKER 
: The Hon Peter Dunne seeks to debate a statement by the Prime Minister regarding the building of the Transmission Gully project. While the Prime Minister did respond to a question on the project she did so without changing Government policy at all. In these circumstances there is no particular case of recent occurrence to give grounds for a debate.
Business of Select Committees — Membership 
Business of Select Committees — Membership 
[Volume:607;Page:4405] 
Business of Select Committees 
Membership 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 I seek leave for Rod Donald to be a member of the Commerce Committee for the purposes of its consideration of the Industry New Zealand and Trade New Zealand Integration Bill but without the right to vote on any question before the committee. 
Mr SPEAKER 
: Is there any objection to that course being followed? There appears to be none.
Vote: Civil Union Bill — In Committee Procedure 
Vote: Civil Union Bill — In Committee Procedure 
[Volume:622;Page:17617] 
A personal vote was called for on the question  
That the amendment be agreed to. 
Ayes 51 
Adams(P) 
Dunne(P) 
Newman(P) 
Smith N (P) 
Alexander(P) 
Eckhoff(P) 
Ogilvy(P) 
Stewart(P) 
Baldock(P) 
English(P) 
Paraone(P) 
te Heuheu(P) 
Brash(P) 
Franks  
Perry(P) 
Turia(P) 
Brown  
Goudie(P) 
Peters J 
Turner  
Brownlee(P) 
Gudgeon(P) 
Peters W (P) 
Wang(P) 
Carter D (P) 
Heatley(P) 
Power  
Williamson(P) 
Carter J (P) 
Hutchison(P) 
Prebble  
Woolerton(P) 
Catchpole(P) 
Jones  
Roy(P) 
Coddington(P) 
Key(P) 
Ryall  
Collins(P) 
Mapp(P) 
Scott(P) 
Connell(P) 
Mark(P) 
Shirley(P) 
Copeland  
McCully(P) 
Smith L (P) 
Teller: 
Donnelly  
McNair  
Smith M (P) 
Tisch  
Noes 68 
Anderton(P) 
Duynhoven(P) 
King(P) 
Simich  
Ardern(P) 
Dyson(P) 
Laban(P) 
Sowry(P) 
Barker(P) 
Ewen-Street(P) 
Locke(P) 
Sutton(P) 
Barnett  
Fairbrother  
Mackey J (P) 
Swain(P) 
Benson-Pope  
Field(P) 
Mackey M 
Tamihere(P) 
Beyer(P) 
Fitzsimons(P) 
Maharey(P) 
Tanczos  
Bradford(P) 
Gallagher(P) 
Mahuta(P) 
Tizard(P) 
Burton(P) 
Goff(P) 
Mallard(P) 
Turei(P) 
Carter C (P) 
Gosche(P) 
O'Connor  
Ward(P) 
Chadwick  
Hartley  
Okeroa(P) 
Wilson(P) 
Choudhary(P) 
Hawkins(P) 
Parker(P) 
Wong(P) 
Clark(P) 
Hereora(P) 
Peck(P) 
Worth(P) 
Cosgrove(P) 
Hide(P) 
Pillay(P) 
Yates 
Cullen  
Hobbs(P) 
Rich(P) 
Cunliffe(P) 
Horomia(P) 
Ririnui(P) 
Dalziel  
Hughes 
Robertson  
Donald(P) 
Hunt(P) 
Robson(P) 
Teller: 
Duncan(P) 
Kedgley(P) 
Samuels(P) 
Pettis  
Amendment not agreed to
Mallard Trevor: Amended answers to Oral Questions — Question No. 2 to Minister 17 February 
Mallard Trevor: Amended answers to Oral Questions — Question No. 2 to Minister 17 February 
[Volume:625;Page:20355] 
Hon TREVOR MALLARD (Minister of Education) 
: 
 On 17 February I responded to questions in the House relating to Scholarship results. In one of my answers I said that an error had been made in my office in not opening an email on 17 January. It has now come to my attention that the email was opened by a member of my staff. However as I have previously stated the information was not passed on to me until 25 January.
Tamihere John: Fair Trading Amendment Bill (No 3) — In Committee 
Tamihere John: Fair Trading Amendment Bill (No 3) — In Committee 
[Volume:609;Page:6848] 
Hon JOHN TAMIHERE (Minister of Youth Affairs) 
: I move  
That the question be now put 
.
Vote: Fiordland (Te Moana o Atawhenua) Marine  Management Bill — In Committee Third Reading 
Vote: Fiordland (Te Moana o Atawhenua) Marine  Management Bill — In Committee Third Reading 
[Volume:625;Page:19890] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 10 
Green Party 9; Maori Party 1. 
Noes 108 
New Zealand Labour 51; New Zealand National 27; New Zealand First 13; ACT New Zealand 7; United Future 8; Progressive 2. 
Amendment not agreed to and schedule 6 agreed to.
Pillay Lynne: Prostitution Reform Bill — In Committee 
Pillay Lynne: Prostitution Reform Bill — In Committee 
[Volume:608;Page:5759] 
LYNNE PILLAY (NZ Labour—Waitakere) 
: 
 I have spoken before in support of this bill and I stand to do so again today. I had the privilege of sitting alongside many colleagues on the Justice and Electoral Committee. I believe that I stand in support of this bill with more knowledge and more experience than many others—or more than many others would care to admit. The sex industry is about power. It is about the power of the police who choose whether to decide to enforce the law and prosecute those in the industry. It is about the power of clients who use a potentially illegal activity and are in no way liable or responsible. It is about the power of crime of pimps and of drug dealers who feed off this industry and who can unfettered exploit every worker within the industry. It is about the power of society which sits in judgment of an industry that exists—but it wants to deny it. It is about the power of those who vent their moral spleen against prostitution but will not examine their own lives their own morals or their own values. That is bad but it gets worse because the sex industry is about powerlessness. It is about young women under 18 years of age who are exploited and who cannot speak out about the abuse or exploitation that they experience. It is about workers who cannot talk about their health and safety and cannot complain. 
Progress reported.
Simich Clem: General Debate 
Simich Clem: General Debate 
[Volume:620;Page:15684] 
The ASSISTANT SPEAKER (Hon Clem Simich) 
: I thank Mr Mark for raising those issues. Neither was a point of order but the member was able to have his say. There is no remedy in this House for the issue the member raises. It is a debatable matter. The member can seek his remedies elsewhere. I cannot advise him.
Turei Metiria: Maori Purposes Bill (No 2) — Second Reading Instruction to CommitteeCWH In Committee 
Turei Metiria: Maori Purposes Bill (No 2) — Second Reading Instruction to CommitteeCWH In Committee 
[Volume:607;Page:4820] 
METIRIA TUREI (Green) 
: 
 It is very important that I put on the record the Green Party position in respect of clause 5AC(2)(c). It was an issue that was discussed extensively in the Maori Affairs Committee and we made sure our position was put forward in the select committee report. Our concern is solely with the fact that in the clause the person who is to be replaced is not expressly required to approve of his or her replacement. Now we have no concern with the nature of personal circumstances and we agree that a wide number of personal circumstances could lead a person to be unable to perform his or her function which are not included in the phrase “physical or mental condition”. That has to be taken very seriously. But what we are concerned about is that the person who is replaced does not have to express his or her consent to that replacement. That is the concern that the Greens hold. That is the concern about the nature of the broad discretion.
Parker David: Counter-Terrorism Bill — First Reading 
Parker David: Counter-Terrorism Bill — First Reading 
[Volume:607;Page:4633] 
DAVID PARKER (NZ Labour—Otago) 
: 
 I rise in support of the bill and I shall focus briefly on two issues that were also addressed by the prior speaker—that is the importance of controlling those who might otherwise be interested in spreading disease particularly amongst our animal herd. In reality that is probably the biggest terrorist threat that New Zealand would face. For example if foot and mouth disease were to be introduced into New Zealand and we suffered the loss of exports as a consequence not only would the New Zealand economy be brought to its knees but we would also suffer an environmental catastrophe in that millions and millions of litres of milk would flow into our rivers. That would be very serious. To the extent that those things can be prevented by law it is prudent that we take the appropriate legislative steps and we are proposing to do just that with this legislation. Legislation alone cannot stop those things but it may act as a deterrent. Certainly if such a terrible event ever did come to pass it would be good to know that there were appropriate laws with which to punish those convicted.
Hughes Darren: Maori Fisheries Bill — In Committee 
Hughes Darren: Maori Fisheries Bill — In Committee 
[Volume:620;Page:15639] 
DARREN HUGHES (Junior Whip—Labour) 
: 
 I move  
That the question be now put 
.
Tisch Lindsay: Care of Children Bill — Instruction to Committee Procedure In Committee 
Tisch Lindsay: Care of Children Bill — Instruction to Committee Procedure In Committee 
[Volume:621;Page:16669] 
LINDSAY TISCH (Junior Whip—National) 
: 
 I raise a point of order Madam Chairperson. Mr Jones’ Supplementary Order Paper is included in that motion as well. You did not mention Mr Jones’ Supplementary Order Paper. 
The question was put that the amendment set out on Supplementary Order Paper 294 in the name of Murray Smith to clause 37 be agreed to.
McNair Craig: Taxation (Base Maintenance and Miscellaneous  Provisions) Bill — First Reading 
McNair Craig: Taxation (Base Maintenance and Miscellaneous  Provisions) Bill — First Reading 
[Volume:622;Page:18057] 
CRAIG McNAIR (NZ First) 
: 
 In speaking to this first reading of the Taxation (Base Maintenance and Miscellaneous Provisions) Bill I start off by referring to the amendments to the Income Tax Act 1994 regarding foreign-owned banks. We have been told tonight that foreign-owned banks have not paid around $360 million in tax that should have been paid to this Government or to the Government of the day. I find that sad for a couple of reasons. It is incredibly sad not only that have we sold off these banks to foreign-owned enterprises but that for quite some time not even the Government of the day—whatever Government it is—has been able to collect the appropriate amount of tax the banks are supposed to be paying. I think everyone in this House agrees—I do not think anybody would disagree—that everybody whether a company an individual or a small business should no matter what the tax rate is pay the appropriate amount of tax stipulated by law. It is very sad that for some time now banks have not been paying the appropriate amount of tax because of some loopholes they have been able to find in the law. 
I listened to the tax officials some time ago now. From memory they said that this situation has been going on for about 3 to 5 years but the Minister can correct me if I am wrong on that. When we calculate it up that is a lot of money—money that could be going back into the pockets of our small-business owners exporters and small export businesses through tax concessions tax abatement schemes and things like that. Whatever we call it and in whatever way we could have done it that money could have been channelled back into taxpayers’ pockets. I find it incredibly sad that the banks not only were not paying the appropriate amount of tax but were— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I am sorry to interrupt the honourable member but the time has come for me to leave the Chair. 
Debate interrupted.
Vote: State Sector Amendment Bill — In Committee 
Vote: State Sector Amendment Bill — In Committee 
[Volume:610;Page:7329] 
A party vote was called for on the question  
That Part 2 as amended be agreed to. 
Ayes 69 
Labour 52; Green Party 9; United Future 8. 
Noes 47 
New Zealand National 26; New Zealand First 13; ACT New Zealand 8. 
Part 2 as amended agreed to.
Worth Richard: Oaths Modernisation Bill — First Reading 
Worth Richard: Oaths Modernisation Bill — First Reading 
[Volume:625;Page:20718] 
Dr RICHARD WORTH (National—Epsom) 
: 
 I raise a point of order Madam Speaker. I am not sure whether the honourable member was referring to me but his comments are a gross misrepresentation of my political career which has been star-studded as the member well knows. 
Madam DEPUTY SPEAKER 
: The member knows that that was not a point of order.
Hunt Jonathan: Speaker’s Rulings — Urgent Debates—Lodging of Applications 
Hunt Jonathan: Speaker’s Rulings — Urgent Debates—Lodging of Applications 
[Volume:621;Page:16301] 
Mr SPEAKER 
: Last Thursday after I had ruled on an application for an urgent debate Dr the Hon Lockwood Smith raised a point of order about Speaker’s ruling 153/2. He pointed out that an application for a debate does not have to be lodged on the first sitting of the House after the event occurs in order to be considered. I thank the member for his point and acknowledge that he is correct. In this regard applications for urgent debates differ from raising matters of privilege. A much stricter rule of raising a matter of privilege at the earliest opportunity obtains—see Standing Order 387. While not raising a matter at the first opportunity will considerably weaken the case for the Speaker to accept an urgent debate application I will bear in mind the member’s comments that such an application should not automatically be rejected.
Vote: State Sector Amendment Bill (No 3) — Second Reading Instruction to Committee In Committee Third Reading 
Vote: State Sector Amendment Bill (No 3) — Second Reading Instruction to Committee In Committee Third Reading 
[Volume:616;Page:12167] 
A party vote was called for on the question  
That the State Sector Amendment Bill (No 3) be read a second time. 
Ayes 75 
New Zealand Labour 52; New Zealand First 13; United Future 8; Progressive 2. 
Noes 44 
New Zealand National 26; Green Party 9; ACT New Zealand 8; Independent: Awatere Huata. 
Bill read a second time.
Smith Nick: Points of Order — Resource Management Amendment Bill (No 2) Questions for Written Answer 
Smith Nick: Points of Order — Resource Management Amendment Bill (No 2) Questions for Written Answer 
[Volume:607;Page:4271] 
Hon Dr NICK SMITH (NZ National—Nelson) 
: 
 I raise a point of order Mr Speaker. 
Mr SPEAKER 
: I do not want this to continue because I have ruled on the matter and I will be coming back to the House. 
Hon Dr NICK SMITH 
: But the fact remains Mr Speaker that the first item of business following question time is the first reading— 
Mr SPEAKER 
: The member will please be seated. I wonder whether the member listened to what I said. The first item of business is the first reading. It does not in any way connect itself with the Committee stage which is somewhat considerably down the track. As far as the first reading is concerned there is no Standing Order or Speaker’s ruling that prevents that from proceeding as the Government has set it down.
Hunt Jonathan: Election of Speaker 
Hunt Jonathan: Election of Speaker 
[Volume:623;Page:18950] 
Rt Hon JONATHAN HUNT (Labour) 
: 
 Madam Speaker-Elect I want to make a very small contribution to congratulate you most sincerely on your election. I would like to thank those of my parliamentary colleagues who made kind comments about me. That is history; this is the present. 
I think the job of Speaker is to chair Parliament and to chair it so that all 120 members can have their say. Everyone in this House is democratically and properly elected and we should never forget that and never forget that this Parliament is a dedication to people who lost their lives to ensure that we today can be in our democracy. 
Madam Speaker-Elect I share the view of those who respect you for your intellect your very good and dry sense of humour and also for your ability to sum up an issue and to adjudicate reasonably quickly. The only other point I would like to make is that I do not regard as important the fact that the first four people in our precedence list are women. They are all New Zealanders and that is something we should be very proud of. I wish you all the very best for the future.
Vote: Local Government Law Reform Bill (No 2) — Consideration of Report of Local Government and Environment Committee 
Vote: Local Government Law Reform Bill (No 2) — Consideration of Report of Local Government and Environment Committee 
[Volume:613;Page:9762] 
A party vote was called for on the question  
That the amendments recommended by the Local Government and Environment Committee by majority be agreed to. 
Ayes 109 
New Zealand Labour 52; New Zealand National 27; New Zealand First 13; Green Party 9; United Future 8. 
Noes 7 
ACT New Zealand 7. 
Question agreed to. 
Bill to proceed. 
Name changed to Dog Control Amendment Bill.
Fairbrother Russell: Parole (Extended Supervision) and Sentencing Amendment Bill — In Committee 
Fairbrother Russell: Parole (Extended Supervision) and Sentencing Amendment Bill — In Committee 
[Volume:618;Page:14165] 
RUSSELL FAIRBROTHER (Labour—Napier) 
: 
 I move  
That the question be now put 
.
Franks Stephen: Urgent Debates Declined — Influenza—Vaccination Programme 
Franks Stephen: Urgent Debates Declined — Influenza—Vaccination Programme 
[Volume:624;Page:19167] 
STEPHEN FRANKS (ACT) 
: 
 There is one point on which I would be particularly keen to have a bit of elaboration and consideration maybe at some future time. Referring to the opportunity to debate issues in question time or as question time as an alternative to a debate does I think imply that we can get further with propositions and challenges in question time than in fact the rules are designed to allow—questions are constrained as questions. I think it would be useful to have that particular point clarified. Although during a debate one does issue challenges and call for answers that is often done in a rhetorical sense which is supposed to be an element that is strictly absent from question time.
Vote: Sale of Liquor Amendment Bill (No 2) — Second Reading Instruction to Committee In Committee Third Reading 
Vote: Sale of Liquor Amendment Bill (No 2) — Second Reading Instruction to Committee In Committee Third Reading 
[Volume:616;Page:12348] 
A party vote was called for on the question  
That the Sale of Liquor Amendment Bill (No 2) be now read a second time. 
Ayes 105 
New Zealand Labour 52; New Zealand National 21; New Zealand First 13; Green Party 9; United Future 8; Progressive 2. 
Noes 13 
New Zealand National 5; ACT New Zealand 7; Independent: Awatere Huata. 
Bill read a second time.
Smith Nick: Questions for Oral Answer — Questions to Ministers Question No. 3 to Minister 
Smith Nick: Questions for Oral Answer — Questions to Ministers Question No. 3 to Minister 
[Volume:617;Page:13311] 
5.  
Hon Dr NICK SMITH (National—Nelson) 
 to the  
Prime Minister 
: Does she have confidence in the Minister for Land Information; if so why? 
Rt Hon HELEN CLARK (Prime Minister) 
: 
 Yes because he is a hard-working and conscientious Minister. 
Hon Dr Nick Smith 
: Will thePrime Minister—given that in 1999 she said her Government would set new high standards for ministerial conduct and that the Minister for Land Information told the public and Parliament there were significant chunks of foreshore in private ownership which contradicted his own advice and the Prime Minister’s own statements—seek that Minister’s resignation? 
Rt Hon HELEN CLARK 
: It would indeed be a saintly creature who never made a mistake as the member is well aware. 
Hon Dr Nick Smith 
: Is the Prime Minister now confirming what the Minister for Land Information would not do in his replies to 11 supplementary questions—and that is to admit he was wrong—and given that those errors occurred in August last year why has he not followed parliamentary convention and come down to this House to apologise for and explain the error? 
Rt Hon HELEN CLARK 
: It is up to members whether they seek to correct an answer. For my part I think an honest mistake was made when referring to parts of the coastline where the land ran down to the high-water mark. That does not mean that the foreshore is in private title. I think it was an honest mistake and as I say Dr Smith and many others in the House regularly make them.
Shirley Ken: Points of Order — Noise in the Chamber Business Committee Discussion: Iraq 
Shirley Ken: Points of Order — Noise in the Chamber Business Committee Discussion: Iraq 
[Volume:606;Page:3685] 
Hon KEN SHIRLEY (Deputy Leader—ACT NZ) 
: 
 I raise a point of order Mr Speaker. I am afraid that down at this end of House at least no one can hear a word that was spoken in that very important report from our Clerk. 
Mr SPEAKER 
: The member has made a very valid point. It is incumbent on all members to listen when the Clerk is speaking. I will pay particular attention to that over the next few days. Would the member like it repeated? 
Hon KEN SHIRLEY 
: Yes I would. I suspect there are some things of incredible importance to the House in that report.
Carter John: Prostitution Reform Bill — In Committee 
Carter John: Prostitution Reform Bill — In Committee 
[Volume:609;Page:6178] 
JOHN CARTER (NZ National—Northland ) 
: 
 I move  
That the question be now put 
.
Pettis Jill: Building Bill — Second Reading 
Pettis Jill: Building Bill — Second Reading 
[Volume:619;Page:14544] 
JILL PETTIS (Labour—Whanganui) 
: 
 This will be just a very brief call because speakers have contributed constructively to the debate this afternoon. This bill is about meeting the needs of industry and consumers. So many people were so negatively affected by the leaky building syndrome that has given rise to this full investigation and review. I am very pleased that as a consequence of that investigation the bill will have a much stronger focus on the protection of consumers. After all for most of us our home is the biggest asset we are ever likely to own in our lifetime. The bill will help to ensure that the concept of buildings being fit for the people who use them is a priority. I look forward to this bill passing through its various stages and also look forward to the subsequent extra protections the public will have with regard to buildings both commercial and privately owned.
Tabling of Documents — Home Detention 
Tabling of Documents — Home Detention 
[Volume:613;Page:10219] 
Tabling of Documents 
Home Detention 
Hon PHIL GOFF (Minister of Justice) 
: 
 I seek leave of the House to table two documents relating to question No. 7 last Tuesday. The first is from Chubb Monitoring stating that it wishes to confirm that no incident of the type alleged by Mr Mark has ever occurred in relation to home detention. 
Document by leave laid on the Table of the House. 
Hon PHIL GOFF 
: The second is a letter indicating that all 12 police districts report no knowledge of any incident such as was related to the House by Mr Mark and I would urge him to provide any information to them to follow up that serious allegation. 
Document by leave laid on the Table of the House. 
Rt Hon WINSTON PETERS (Leader—NZ First) 
: 
 I raise a point of order Mr Speaker. When Mr Goff sought permission to table those documents he added on a whole lot at the end and you did not stop him. 
Mr SPEAKER 
: I did on the second one.
Vote: Holidays Amendment Bill — In Committee 
Vote: Holidays Amendment Bill — In Committee 
[Volume:620;Page:16064] 
A party vote was called for on the question  
That clause 1 be agreed to. 
Ayes 61 
New Zealand Labour 51; United Future 8; Progressive 2. 
Noes 59 
New Zealand National 27; New Zealand First 13; Green Party 9; ACT New Zealand 8; Maori Party 1; Independent: Awatere Huata. 
Clause 1 agreed to.
Mark Ron: Questions for Oral Answer — Questions to Ministers 
Mark Ron: Questions for Oral Answer — Questions to Ministers 
[Volume:619;Page:15017] 
4.  
RON MARK (NZ First) 
 to the  
Minister of Police 
: Did the police respond to a call from 8 Rocky Nook Avenue Auckland on 12 September 2002; if so what was the nature of the offence reported? 
Hon GEORGE HAWKINS (Minister of Police) 
: 
 Yes. I am advised that the nature of the incident was burglary. 
Ron Mark 
: What investigative actions did police take as a consequence of that call and did those investigations identify Phillip Layton Edwards as the prime suspect for an alleged aggravated burglary? 
Hon GEORGE HAWKINS 
: The police did identify Phillip Layton Edwards as the person they were interested in. 
Ron Mark 
: Did the police discuss the incident at 8 Rocky Nook Avenue prior to their deciding not to prosecute Edwards on this count with the Minister’s office the Attorney-General’s office the Minister of Justice’s office or the Prime Minister’s office? 
Hon GEORGE HAWKINS 
: No. 
Ron Mark 
: Why did the prosecution not use the Shaw/Edwards incident in the recent trial when it so clearly could have rebutted the defence case by establishing a modus operandi and clinched a murder conviction? 
Hon GEORGE HAWKINS 
: As the matter is still before the court awaiting sentence it would be improper for me to comment on that. 
Ron Mark 
: I raise a point of order Mr Speaker. I ask for your clarification. There has already been a conviction in this case. The court now has all the evidence that this alludes to at its call. The defendant is just awaiting sentencing. I did not find that an acceptable answer. I think the Minister can answer. 
Mr SPEAKER 
: The member may not have found it an acceptable answer but it addressed the question and I did find it acceptable in terms of the Standing Orders of this House. 
Hon Richard Prebble 
: I raise a point of order Mr Speaker. I am not disputing what you have just said but I think you might be of assistance to the Minister because if he believes that the Standing Orders prevent him from answering the question I think he is mistaken. The court would clearly not be influenced because a conviction has already been entered and it cannot possibly affect the sentence. The reason we have a rule about not commenting on court cases is in order to make sure that there is not an injustice. I do not know anything about this case but it would appear there is no possibility of that. The question is really about the conduct of the police not of the defendant. 
Mr SPEAKER 
: The member is absolutely correct.
Vote: Motions — New Zealand Cricket—Tour of Zimbabwe 
Vote: Motions — New Zealand Cricket—Tour of Zimbabwe 
[Volume:627;Page:21953] 
A party vote was called for on the question  
That the motion be agreed to. 
Ayes 110 
New Zealand Labour 51; New Zealand National 27; New Zealand First 13; Green Party 9; United Future 8; Progressive 2. 
Noes 10 
ACT New Zealand 9; Maori Party 1. 
Motion agreed to.
Vote: Prisoners’ and Victims’ Claims Bill — In Committee Procedure Third Reading 
Vote: Prisoners’ and Victims’ Claims Bill — In Committee Procedure Third Reading 
[Volume:626;Page:20972] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 27; New Zealand First 13; ACT New Zealand 7; United Future 8. 
Noes 62 
New Zealand Labour 51; Green Party 9; Progressive 2. 
Amendment not agreed to. 
The CHAIRPERSON (Ann Hartley) 
: The next amendment is in the name of Marc Alexander to clause 11. It is a typescript amendment to omit paragraph (c). It is out of order as it is the same as the previous amendment. 
The question was put that the following amendment in the name of the Hon Tony Ryall to clause 11 be agreed to: 
to omit paragraph (d).
McNair Craig: Taxation (Annual Rates Maori Organisations Taxpayer Compliance and Miscellaneous Provisions) Bill — Second Reading 
McNair Craig: Taxation (Annual Rates Maori Organisations Taxpayer Compliance and Miscellaneous Provisions) Bill — Second Reading 
[Volume:606;Page:3900] 
CRAIG McNAIR (NZ First) 
: 
 I take pleasure in rising to speak on behalf of the New Zealand First Party on behalf of my New Zealand First colleagues on the Taxation (Annual Rates Maori Organisations Taxpayer Compliance and Miscellaneous Provisions) Bill. I had to take a big deep breath to say that; it is a quite long title. But I am not going to criticise the Government for having a long title; we are not speaking to the title. 
Debate interrupted.
Vote: Motions — Misuse of Drugs (Changes to Controlled Drugs) Order 2003 
Vote: Motions — Misuse of Drugs (Changes to Controlled Drugs) Order 2003 
[Volume:608;Page:5676] 
A party vote was called for on the question  
That the motion be agreed to. 
Ayes 107 
Noes 9 
Motion agreed to. 
Labour 52; New Zealand National 27; New Zealand First 13; ACT New Zealand 5; United Future 8; Progressive 2. 
Green Party 9.
Benson-Pope David: Land Transport (Unauthorised Street and Drag Racing) Amendment Bill — In Committee Third Reading 
Benson-Pope David: Land Transport (Unauthorised Street and Drag Racing) Amendment Bill — In Committee Third Reading 
[Volume:607;Page:4587] 
DAVID BENSON-POPE (Senior Whip—NZ Labour) 
: 
 I move  
That the question be now put.
Cullen Michael: Urgency 
Cullen Michael: Urgency 
[Volume:618;Page:13989] 
Hon Dr MICHAEL CULLEN (Leader of the House) 
: 
 I move  
That urgency be accorded the passing through their remaining stages of the Local Government (Auckland) Amendment Bill the Meat Board Restructuring Bill the Visiting Forces Bill the Local Government Law Reform Bill (No 3) and the Parole (Extended Supervision) and Sentencing Amendment Bill and of any bills into which those bills may be divided; the first readings of the Electoral Matters Bill the Criminal Procedure Bill and the Animal Products (Dairy Products and Other Matters) Bill; the passing through their remaining stages of the Mercenary Activities (Prohibition) Bill the Secondhand Dealers and Pawnbrokers Bill and any bills into which those bills may be divided; and the first reading of the Land Transport Amendment Bill 
.  
The motion is moved first of all to complete all stages of the Local Government (Auckland) Amendment Bill the Meat Board Restructuring Bill and the Visiting Forces Bill which all have commencement dates of 1 July 2004. In relation to the other matters the motion is moved to ensure they are dealt with before the House rises for the 3-week July adjournment.
Offices of Parliament—Presentation of Address to Governor-General 
Offices of Parliament—Presentation of Address to Governor-General 
[Volume:608;Page:5595] 
Tuesday 13 May 2003 
Mr Speaker 
 took the Chair at 2 p.m. 
Prayers 
. 
Offices of Parliament—Presentation of Address to Governor-General 
Mr SPEAKER 
: I wish to advise the House that the Address agreed to by the House relating to the alterations to the appropriations for the 2002/03 financial year for Vote Audit Vote Ombudsmen and Vote Parliamentary Commissioner for the Environment was transmitted to Her Excellency the Governor-General on 7 May 2003.
Vote: Smoke-free Environments Amendment Bill — Discharge In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Vote: Smoke-free Environments Amendment Bill — Discharge In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:611;Page:8807] 
A party vote was called for on the question  
That the amendment be agreed to. 
Ayes 55 
New Zealand National 27; New Zealand First 13; ACT New Zealand 7; United Future 8. 
Noes 61 
Labour 52; Green Party 9. 
Amendment not agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 117 in the name of the Hon Peter Dunne to clause 1A(3) be agreed to.
Copeland Gordon: New Organisms and Other Matters Bill — In Committee 
Copeland Gordon: New Organisms and Other Matters Bill — In Committee 
[Volume:611;Page:8863] 
GORDON COPELAND (Whip—United Future) 
: 
 I raise a point of order Madam Chairperson. I waited until the member finished his speech because it was a very good speech. I am a new member but I have a feeling that somewhere in the Standing Orders they state we are not supposed to eat chips in the House. 
The CHAIRPERSON (Ann Hartley) 
: The member is perfectly right. 
Mark Peck 
: I withdraw and apologise but I cannot give the chip back.
Vote: Ngati Awa Claims Settlement Bill — In Committee Procedure 
Vote: Ngati Awa Claims Settlement Bill — In Committee Procedure 
[Volume:623;Page:18851] 
A party vote was called for on the question  
That Part 7 be agreed to 
. 
Ayes 107 
New Zealand Labour 51; New Zealand National 27; ACT New Zealand 9; Green Party 9; United Future 8; Progressive 2; Maori Party 1. 
Noes 13 
New Zealand First 13. 
Part 7 agreed to.
Brownlee Gerry: Ngati Awa Claims Settlement Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Brownlee Gerry: Ngati Awa Claims Settlement Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:623;Page:18731] 
GERRY BROWNLEE (Deputy Leader—National) 
: 
 I raise a point of order Mr Chairperson. As it now seems that Mr John Tamihere is the pre-eminent Maori speaker and interpreter in the Chamber I wonder whether he could prevent us from getting further into a bind by letting us know what the effect would be of the amendment on Supplementary Order Paper 327 in the name of the Hon Margaret Wilson to insert recital (10A).
Simich Clem: Taxation (Annual Rates Venture Capital and Miscellaneous Provisions) Bill — In Committee Procedure 
Text is incorporated into the Bound Volume 
Simich Clem: Taxation (Annual Rates Venture Capital and Miscellaneous Provisions) Bill — In Committee Procedure 
[Sitting date: 14 December 2004. Volume:622;Page:17822. Text is incorporated into the Bound Volume.] 
The CHAIRPERSON (Hon Clem Simich) 
: When we commenced Part 5 I read out the information that the veto also applied to his amendments to clause 2. I thank the member for raising that.
Vote: Government Communications Security Bureau Bill — In Committee 
Vote: Government Communications Security Bureau Bill — In Committee 
[Volume:607;Page:4400] 
A party vote was called for on the question  
That the question be now put. 
Ayes 60 
Labour 52; United Future 8. 
Noes 56 
New Zealand National 27; New Zealand First 12; ACT New Zealand 8; Green Party 9. 
Motion agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 36 in the name of the Rt Hon Helen Clark to clause 14 be agreed to. 
Amendment agreed to. 
The question was put that the amendment set out on Supplementary Order Paper 61 in the name of Keith Locke to clause 15(1) be agreed to.