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O'Connor GregSORAYA PEKE-MASON (Labour): Tēnā koe e te Mana W'akawā. Tēnā koutou ngā hapū ngā iwi o te motu e mihi ana ki a koutou katoa.[Thank you Mr Speaker. Greetings to the subtribes and peoples of the nation. I acknowledge you all.]I stand to speak to the Education and Training Amendment Bill (No 3). I welcome the Government's programme of improving and strengthening the education system to ensure our system delivers equitable and excellent outcomes for learners. Further I welcome the wānanga legislative framework and in particular it lifts my heart. It lifts my heart to see that it gives wānanga better recognition of their mana and tiro rangatiratanga. It recognises their unique role in tertiary education and it gives options to operate in a way that supports them to better meet the needs and aspirations of my people. Wānanga are established by iwi with and for Māori by Māori. This is a critical role in the protection and the revitalisation of te reo Māori Te Ao Māori and mātauranga Māori. The member on the other side calls it a wasted bill. Well he doesn't know what he's talking about. Who knows better how to deliver the basics to Māori than Te Ao Māori themselves? For too long wānanga have had to fit—had to fit—into the system that does not take account of how they differ from other tertiary education providers. Ensuring the basics are delivered by Māori for Māori is imperative. It's imperative because we have a holistic approach to learning. This includes knowing who you are where your tūrangawaewae is—your identity. No one knows more than I who came from a system of education that taught us—what a joke—about the whalers. There was no kōhanga reo there was no kura kaupapa there was no wānanga—that is an indictment on the history of Aotearoa. You wonder how I got here. I got here because I rose above—I rose above the racism the bias the micro-aggressions that I had to endure in my life as I grew up. It took the last 10 years to actually really understand who I am as a wahine Māori and I celebrate that—I celebrate that. It's because of the last 10 years knowing who I am as a Māori wahine and my people who put me here to be here today. This just shows the importance of this bill. I commend this bill to the House. Kia ora. DEPUTY SPEAKER: This is a split call—five minutes.
SpeechANGELA ROBERTS (Labour): It is a pleasure to be rising and taking a call on this important as well as technical bill the Education and Training Amendment Bill (No 3). You know it's great to hear that people are concerned about what's happening in education and I just suggest—I know it's out of scope—in response to some of the concerns that they go and do some homework have a look at the curriculum refresh. I know they'll be waiting with bated breath to see the common practice model. There is a whole pile of work going on already so that is why we were able to turn our minds to some of these significant issues.I just need to shout out—it was great hearing about the wānanga and I just need to acknowledge the kindness and the good grace and patience that Nepia Winiata at Te Wānanga o Aotearoa has shown me. You know we heard about the absolute fundamental need to build relationships to support the different parts of the education system to support each other so that we can realise the aspirations for our ākonga and I need to acknowledge him and his patience in helping me to get to know his wānanga and his team and the people that they aspire to support. It's because of that I understand the absolute need to make these changes.One other piece I want to push back on is the idea that improving our board of trustees selection process isn't important; it is critical. We realised the potential in the last elections. Somebody realised that you can politicise schools and our students and hijack our system and politicise it and that is dangerous. It is dangerous because boards are critical to not just make sure that our schools function but that they thrive. They are critical for making sure that they are a physically and emotionally safe place.So I'm really looking forward to this bill coming to our select committee so we can deal with those—you know it is technical it is a complex space and we want to make sure that we have no unintended consequences that we don't want. So I recommend this bill to the House.
O'Connor GregTUESDAY 28 MARCH 2023(continued on Wednesday 29 March 2023)CRIMINAL ACTIVITY INTERVENTION LEGISLATION BILLThird ReadingDebate resumed.DEPUTY SPEAKER: Good morning. The House is resumed. When we finished we were on the Criminal Activity Intervention Legislation Bill. The next speaker is a five-minute call to the—Hon Member: No—let's go to the vote.DEPUTY SPEAKER: OK.
Tuesday 28 March 2023 - Volume 766
Criminal Activity Intervention Legislation Bill — In Committee
VoteA party vote was called for on the question That the question be now put.Ayes 108New Zealand Labour 64; New Zealand National 34; ACT New Zealand 10. Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Motion agreed to.Parts 1 to 5 and clauses 1 and 2 agreed to.Bill to be reported without amendment.House resumed.CHAIRPERSON (Hon Jacqui Dean): Mr Speaker the committee has considered the Criminal Activity Intervention Legislation Bill and reports it without amendment. I move That the report be adopted.Motion agreed to.Report adopted.DEPUTY SPEAKER: The bill is set down for third reading immediately.
Appropriation (2021/22 Confirmation and Validation) Bill — Second Reading
VoteA party vote was called for on the question That the motion be agreed to.Ayes 76New Zealand Labour 64; Green Party of Aotearoa New Zealand 10;Te Paati Māori 2.Noes 44New Zealand National 34; ACT New Zealand 10.Motion agreed to.Bill read a second time.DEPUTY SPEAKER: I declare the House in committee for further consideration of the Criminal Activity Intervention Legislation Bill.
Appropriation (2021/22 Confirmation and Validation) Bill — First Reading
VoteA party vote was called for on the question That the motion be agreed to.Ayes 76New Zealand Labour 64; Green Party of Aotearoa New Zealand 10;Te Paati Māori 2.Noes 44New Zealand National 34; ACT New Zealand 10.Motion agreed to.Bill read a first time.
VoteA party vote was called for on the question That urgency be accorded.Ayes 64New Zealand Labour 64.Noes 56New Zealand National 34; Green Party of Aotearoa New Zealand 10; ACT New Zealand 10; Te Paati Māori 2.Motion agreed to.
VoteA party vote was called for on the question That the Severe Weather Emergency Recovery Legislation Bill be now read a first time.Ayes 108New Zealand Labour 64; New Zealand National 34; Green Party of Aotearoa New Zealand 10.Noes 12ACT New Zealand 10; Te Paati Māori 2.Motion agreed to.Bill read a first time.DEPUTY SPEAKER: The question is That the Severe Weather Emergency Recovery Legislation Bill be considered by the Governance and Administration Committee.A party vote was called for on the question That the motion be agreed to.Ayes 108New Zealand Labour 64; New Zealand National 34; Green Party of Aotearoa New Zealand 10.Noes 10ACT New Zealand 10.Motion agreed to.Bill referred to the Governance and Administration Committee.
Severe Weather Emergency Recovery Legislation Bill — First Reading
VoteA party vote was called for on the question That the Criminal Proceeds (Recovery) Amendment Bill be now read a third time. Ayes 108New Zealand Labour 64; New Zealand National 34; ACT New Zealand 10.Noes 12Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Motion agreed to.Bill read a third time.
Criminal Proceeds (Recovery) Amendment Bill — Third Reading
VoteA party vote was called for on the question That the Taxation (Annual Rates for 202223 Platform Economy and Remedial Matters) Bill (No 2) be now read a third time.Ayes 76New Zealand Labour 64; Green Party of Aotearoa New Zealand 10; Te Paati Māori 2.Noes 44New Zealand National 34; ACT New Zealand 10.Motion agreed to.Bill read a third time.
Taxation (Annual Rates for 2022-23 Platform Economy and Remedial Matters) Bill (No 2) — Third Reading
13. Question No. 13—EducationPENNY SIMMONDS (National—Invercargill) to the Minister of EducationQuestion No. 13—Education13. PENNY SIMMONDS (National—Invercargill) to the Minister of Education: Does she stand by her statement on Newshub Nation that Te Pūkenga is developing an operating model as we're going along" and can she describe what "developing that as we're going along" actually means?Hon JAN TINETTI (Minister of Education): Yes. The operating model comprises of a number of components rather than a single document that I expect to evolve over time as the organisation matures. The components of the operating model include the national qualifications and standards developed by workforce development councils; the organisational structure which combines 24 entities; programme unification to ensure we have consistent high-quality programmes for learners regardless of where in the country they are based; the combination of on campus online and on-the-job training; as well as the financial sustainability plan and governance measures.Penny Simmonds: Does this year's 10 percent decline in student enrolments at Te Pūkenga change the Minister's position that she is "very very confident" regarding Te Pūkenga when officials said in June 2022 that Te Pūkenga's financial stability was strongly reliant on enrolment growth?Hon JAN TINETTI: No.Penny Simmonds: Does the Minister consider that Te Pūkenga is meeting its commitment to provide exceptional learning experiences and equitable outcomes for Māori and Pasifika when Māori and Pasifika completion and pass rates were so far below target in 2022 that Te Pūkenga's response was to reduce targets for 2023?Hon JAN TINETTI: Te Pūkenga are moving towards making a model that will be responsive and will be good for Māori and Pacific learners. They set their performance measures through a statement of performance expectations. Many of these are the kinds of things that we would expect from a tertiary provider: course completion learner satisfaction number of learners and employers. I will be monitoring these closely.Penny Simmonds: What does it say about Labour's ability to deliver in vocational education that Te Pūkenga is three years old now has cost over $200 million now needs another $330 million and is still developing an operating model "as we are going along"?Hon JAN TINETTI: We inherited a big mess in this area and as I've heard that member say herself there is no doubt that what we started with when we came to Government was quite frankly a mess both in terms of financial stability but also educational outcomes for students. My focus is on ensuring we have sound governance structure a plan towards financial sustainability and quality education and training for all students."
10. Question No. 10—Regional DevelopmentANNA LORCK (Labour—Tukituki) to the Minister for Regional DevelopmentQuestion No. 10—Regional Development10. ANNA LORCK (Labour—Tukituki) to the Minister for Regional Development: How is the Government supporting coastal shipping between Gisborne and Napier?Hon KIRITAPU ALLAN (Minister for Regional Development): Earlier this month the Prime Minister and I were in Gisborne to announce that the Government is delivering a coastal shipping lifeline for businesses residents and the primary sector in the cyclone-stricken regions of the Hawke's Bay and Te Tairāwhiti. The Government is providing grant funding and an underwrite to Eastland Port for the charter of the Rangitata cargo vessel for an emergency coastal shipping route between Gisborne and Napier including infrastructural upgrades at the Gisborne port. Our regions are the backbone of this country and this investment will ensure our hardest-hit regions can get back on their feet quicker.Anna Lorck: Why was this investment necessary?Hon KIRITAPU ALLAN: Cyclone Gabrielle has significantly damaged key roads and rail routes with the transportation of products between Gisborne and Napier currently taking more than nine hours by truck. Agriculture and horticulture is vital to the East Coast economy and this lifeline can get products vegetables meat wool timber and wine out of Gisborne and into the global market. This investment in the blue highway" will also speed up recovery efforts allowing for the swifter delivery of construction and rebuild materials into the East Coast.Anna Lorck: What other Government investment made this lifeline possible?Hon KIRITAPU ALLAN: In 2022 Coastal Bulk the owner of the Rangitata was one recipient of the Government's $30 million coastal shipping fund which co-invested with four coastal shipping companies to improve domestic shipping services and efficiency transport reliance reduce emissions and upgrade maritime infrastructure. Without Government support this coastal shipping capability between regional ports would not have been available to New Zealand and this decision would not have been possible.Anna Lorck: What activity has there been on the shipping route to date?Hon KIRITAPU ALLAN: Plenty. Already the Rangitata has moved 66 40-foot containers of cargo which has included export of squash and meat products. The ship has made five journeys between the two ports with two voyages a week into Gisborne and two to Napier planned over the coming months with around 15 containers on each voyage. I'd like to put on record my thanks to the Eastland Group both the Gisborne and Napier ports and all their workers as well as the many businesses that are involved for their brilliant and rapid work to date."
O'Connor GregSIMON O'CONNOR (National—Tāmaki): Bummer! You've still got 20 or 30 seconds to go and so I'd better take a speech. I want to start by acknowledging the Christian community actually in Nashville—I know it's another country but to acknowledge a wider community if you will that I am part of. Three children and three adults are dead and the shooter—and just to assure that community long persecuted that they are in our prayers. I'd also point out to Marama Davidson that the shooter and murderer is not a white cis male.This bill is a good bill but it's a little bit like the earlier bill that we touched on: it's only putting a veneer over what should really be done. We are going to support the bill—I know the ACT Party and others are supporting it too—but we don't feel it goes far enough. The one illustration I want to mention is that we need warrantless searches for the likes of gangs. This bill adds bureaucracy to right intention. What I mean by that is yes being able to seize firearms seize cash seize vehicles and so forth is a positive but it's still wrapped around a number of bureaucratic unwarranted processes. We feel that we can and should go further.As we've heard from others this bill should be about banning gang patches it should be about non-associative powers it should be about dispersal notices from gangs; instead we have this bill. But as I say with the earlier one when we were talking around criminal recovery it's not bad—it's not a bad bill. We're happy to support it because it's a little step in the right direction but it's certainly my encouragement in closing this speech that the Labour Government will take crime seriously and demonstrate that by bringing actually serious substantial legislation to this House. Thank you Mr Speaker.DEPUTY SPEAKER: The House is suspended and will resume at 9 a.m. tomorrow.Debate interrupted.Sitting suspended from 9.57 p.m. to 9 a.m. (Wednesday)
SpeechVANUSHI WALTERS (Labour—Upper Harbour): Thank you Mr Speaker. My electorate office in north-west Auckland is in Massey. Last week I sat around the table with a member of our West Auckland police force and we discussed this area of law both the powers they currently have but also some of the gaps as they address issues in West Auckland. I also spoke to a family who live in West Auckland who were visibly distressed about some of the community safety issues they face. It's undeniable that this is real for people and it does mean that we do need to respond.But to my Green Party colleagues it's also undeniable that whenever we create a new search power we need to ensure that we're being very cautious about that. Once again I'd like to commend the Justice Committee who I do think held the role that we took on in this space very seriously and one example of that is the change that the committee recommended in clause 22 amending section 131 which concerns the information that is required to be provided to occupiers before a search is carried out. What the committee traversed is what information is provided to others under similar warrants and we found that this search power required less information to be provided. So the committee was very clear that we felt that the bill should be amended to lift that information provided to individuals.It is an incredibly difficult space to traverse in terms of getting the balance right but I do think what we need to be mindful of is that while this is a Government who put forward a set of legislative measures—as well as policy initiatives that cover prevention and punitive measures as well as rehabilitative—there are parts of our legislative framework that do just need to address the very real community safety issues that people are facing. I commend this bill to the House.
Andersen GinnyHon GINNY ANDERSEN (Minister of Police): Thank you Mr Speaker. This bill aims to make our communities safer in New Zealand by addressing the harm caused by criminal offending. The bill does this in a number of ways; it creates new powers and offences to assist front-line police to better prevent and respond to the harm caused by criminal offending. The offending targeted by this bill is most commonly associated with gangs and includes offences such as money-laundering dangerous behaviour on our roads and the use of firearms. The bill provides additional powers to address a gap in the legislation to discharge firearms with intent to intimidate; gang conflict that poses a risk to the public when firearms and other weapons are used; and high-risk and illegal behaviour on our roads such as dangerous or reckless driving; gangs laundering the proceeds of drug sales; and also other illegal activities where higher amounts of cash are being used. I'm going to touch on just two of these areas to keep this to the point. First of all I want to talk about the new warranted powers to address gang conflicts. So when intergang conflicts are occurring as we have seen in New Zealand over the past recent months and years violence may be committed by any number of gang members and weapons are frequently moved between locations. This provides police with some particular challenges. This bill provides a new warrant-to-search power authorised by a judge that will enable front-line police to rapidly search properties associated with gangs for weapons. The quicker that police are able to locate and seize weapons the less harm is likely to arise from conflicts and the ability to prevent harm to our communities is done. The warrant would be authorised by a judge for a maximum of 14 days and it would cover the homes and vehicles of gang members and non-gang members who are encouraging or assisting in the conflict. This will assist police to work and de-escalate situations before our community is put in harm. The second area I'd like to touch on is: shooting in a public place to intimidate. Again this focuses on targeting where weapons have been used. There are a number of existing offences related to discharging a firearm; however discharging a firearm with the intention of intimidating a person who is in a public place rather than in a house presents a gap in our existing firearms legislation. This bill creates a new offence of discharging a firearm with the intent to intimidate with a maximum imprisonment term of five years. The other areas where this bill creates new offences to assist front-line police are: dangerous and intimidating driving and also gangs moving money. I know there'll be some people within police who are very happy to have this bill providing police with a power to seize cash in suspicious circumstances above $10000. I'd like to close by saying that this bill provides police with new offences and powers to better respond to criminal offending. It sends a very strong message to those who create a disproportionate degree of harm in our communities that their offending will not be tolerated. Thank you Mr Speaker.
McLellan TraceyCRIMINAL ACTIVITY INTERVENTION LEGISLATION BILLIn CommitteeDebate resumed from 14 March.Parts 1 to 5 and clauses 1 and 2 (continued)CHAIRPERSON (Hon Jacqui Dean): Members the House is in committee on the Criminal Activity Intervention Legislation Bill. When we were last considering the bill we were debating Parts 1 to 5 and clauses 1 and 2. The question is that Parts 1 to 5 and clauses 1 and 2 stand part.Dr TRACEY McLELLAN (Junior Whip—Labour): I move That the question be now put.
Robertson GrantSecond ReadingHon GRANT ROBERTSON (Minister of Finance): I move That the Appropriation (2021/22 Confirmation and Validation) Bill be now read a second time.
Robertson GrantAPPROPRIATION (2021/22 CONFIRMATION AND VALIDATION) BILLFirst ReadingHon GRANT ROBERTSON (Minister of Finance): I move That the Appropriation (2021/22 Confirmation and Validation) Bill be now read a first time.
Robertson GrantURGENCYHon GRANT ROBERTSON (Leader of the House): I move That urgency be accorded the first and second readings of the Appropriation (2021/22 Confirmation and Validation) Bill; the passing through the remaining stages of the Criminal Activity Intervention Legislation Bill; the first reading and referral to a select committee of the Education and Training Amendment Bill (No 3) the Regulatory Systems (Education) Amendment Bill the Immigration (Mass Arrivals) Amendment Bill the Land Transport Management (Regulation of Public Transport) Amendment Bill the Resale Right for Visual Artists Bill and the Child Support (Pass On) Acts Amendment Bill; and the passing through the remaining stages of the Coroners Amendment Bill the Foreign Affairs (Consular Loans) Amendment Bill the Civil Aviation Bill the Construction Contracts (Retention Money) Amendment Bill the Digital Identity Services Trust Framework Bill the Organic Products and Production Bill and the Fire and Emergency New Zealand (Levy) Amendment Bill.The first week of 2023 was adjourned because of Cyclone Gabrielle and this resulted in the loss of 15 hours of Government business. This urgency motion will enable some of that time to be made up. It would only be if the House sat until 10 p.m. on Thursday that we would have the whole 15 hours restored. There are six first readings in the motion plus the appropriation bill—all bills that the Government intends to enact before the election. Only one of them would be available today if we were not in urgency. Including them in the motion maximises the time available for select committee consideration and will allow submissions to be called for this week. Many of the remaining bills in motion have been on the Order Paper for some time and have been further delayed by the loss of the first sitting week of the year. The need for these bills to complete their passage through the House has become pressing in some cases—for example the Digital Identity Services Trust Framework Bill has already had its commencement pushed out by six months. The bill must be passed in this sitting block or a further delay would be required in order to allow a robust appointment process to take place. I thank the House for considering this motion.
Severe Weather Emergency Recovery Legislation Bill — Instruction to Governance and Administration Committee
McAnulty KieranInstruction to Governance and Administration CommitteeHon KIERAN McANULTY (Minister for Emergency Management): I move That the Severe Weather Emergency Recovery Legislation Bill be reported to the House by 5 April 2023 and that the committee have authority to meet at any time while the House is sitting (except during oral questions) during any evening on a day in which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House and outside the Wellington area despite Standing Orders 193 195 and 196.The rationale for this is very clear. This bill needs to be passed as quick as possible in order to be able to assist in the recovery in those areas that have been affected by the severe weather in the North Island. We've seen from the debate on the first reading that the majority of parties in this House support this bill and we are encouraged by that and thank them for that. We saw from the first bill that there was on the whole collaboration across the House in recognition of the need to do this as quickly as possible.However the Government also recognises that there does need to be as much as possible time at select committee for experts to submit on this and try and improve the bill where possible. Providing that scrutiny is vitally important. Sending it to the Governance and Administration Committee with the experience that they have in scrutinising the first bill is also a welcome move in my view. Chaired by a member of the Opposition—Ian McKelvie—it demonstrates I think that the Government is wanting to do this as well as it possibly can to ensure that we get as much support as possible.This bill will make a significant difference in those areas that have been affected by the severe weather. We've heard of many examples of things that people want to be able to do to assist with the recovery but the current rules and regulations prevent them from doing it. If we were to pursue things through the normal parliamentary procedure it would take too long for that to be effective. This—what is proposed here—echoes the approach that was taken during the Christchurch earthquakes and the Hurunui-Kaikōura earthquakes but it learns the lessons from those approaches and includes further safeguards as well. I am confident that this is the appropriate thing to do and also ensuring that we have a slightly more extended period at select committee will also give that committee and those that are submitting as much time as is practical to be able to look to provide recommendations and potentially improve what's being proposed.I thank those parties for acting collaboratively and supporting this approach and I look forward to seeing what recommendations come from the select committee process.Motion agreed to.
SpeechANNA LORCK (Labour—Tukituki): Thank you Mr Speaker. As the member for Tukituki and here representing Hawke's Bay tonight I would first like to acknowledge the incredible hard work that has been going on in our region. I'm incredibly proud and would like to say thank you to everyone who is out there helping get on with the recovery.This bill is what Hawke's Bay has been waiting for because it gives us the ability in our region to have the flexibility to enable and expedite and respond quickly to what is needed to get on with the job that we've got.One of the most important things that is in this bill is making sure that our community is consulted with. And when you're out on the ground like I am that is the message that I continually hear and continually bring back to Wellington. This needs to be a locally led regionally supported and Government-enabled recovery. Fundamentally this legislation will enable us to move quickly and move forward together.I'd also like to acknowledge those that are providing widespread support across the House—from those members of the National Party and of the Green Party and here in the Government—to support this bill to make sure we can build back better. Thank you Mr Speaker. I commend the bill to the House.
SpeechNAISI CHEN (Labour): Thank you Mr Speaker. Like my colleague Rachel Boyack has said this is the second bill that will come to our select committee the Governance and Administration Committee ably chaired by Ian McKelvie. When I got the notes for this bill I reflected on the previous bill that we had passed and the process in which we had done it. One of the things that I still remember very vividly is listening to each of the councils that were in the flood-affected and cyclone-affected areas who came and submitted in our very short select committee process. As noted by the Minister the Hon Kieran McAnulty this time we have extended the select committee process compared to the previous one—to a week—although it is still a truncated process.I remember those councils who were obviously extremely busy and tasked with recovery had to not only do the mahi but also come in and feed back to this process as well. One thing that really stuck with me after that whole process was just their commitment to their communities to do their utmost best and to make sure that what they're doing through the recovery phase is actually good for their communities in the long term. I think no one comes into this House and no one came to our select committee with any malice or any attitude or trying to take advantage of the situation for their own benefit. Everyone was just trying to do the best for those who had been affected by the cyclone.I think it's with that attitude that we come to this piece of legislation. We know that those who have been appointed whether it's officials working on the Order in Council or whether it's the supervising committee or we've got the different people that are being sought for their opinions whether it's the local Māori the local community groups that are actually participating in making those Orders in Council—everyone comes to the table with the best of intentions. So can I just put out another call to all of those who I know our chair has already invited to come to our select committee during the next week: please come in and work with us together collaboratively on this bill so that we can find the perfect balance between getting speedy legislation through so that this legislation is ready to support the community versus the right scrutiny in place. That's a call out to everyone. Therefore I commend this bill to the House.
Boyack RachelRACHEL BOYACK (Labour—Nelson): I am going to call it tonight that in the 2½ years that I've been privileged to stand in this House that was the most disrespectful speech about a community I have ever heard standing here in this Parliament. It was disrespectful to the people of Hawke's Bay of Northland of Coromandel who have lost everything—everything. And there is the disappointment that across this House apart from the ACT Party every single political party has come together tonight to say We need to pass legislation that will do exactly what Mr Court is asking for." It will enable those communities to rebuild back as fast they can and as they should.I want to acknowledge my fellow members on the select committee who considered the last piece of legislation that came through this House. I acknowledge that actually both Simon Court and Eugenie Sage from the Green Party who are not permanent members of that committee joined us and for the most part—certainly for all of her part Eugenie Sage—were constructive through that process. All of us have been looking forward to another constructive process to ensure that we as a Parliament can come together and support people who have lost lives people who have lost livelihoods people who have lost their businesses—everything—and who are going to take years to recover.So my challenge to Mr Court tonight is to go away and have great sleep come back tomorrow come to select committee in the morning and join us and listen to his community and work constructively with the rest of us and the officials so that in a week we have the legislation needed to ensure that the community can recovery. That's my challenge to Mr Court and the ACT Party because this is far too important. We have hundreds of people thousands of people who are desperate for this Parliament to act. That is what this Labour Government is doing and I want to acknowledge National Te Paati Māori and the Greens for supporting us in that work and I encourage ACT to join the party. I commend this bill to the House.ASSISTANT SPEAKER (Hon Jacqui Dean): Sam Uffindell—five-minute call."
Edmonds BarbaraHon BARBARA EDMONDS (Minister for Economic Development): Thank you Madam Speaker. I rise to take a call on the Severe Weather Emergency Recovery Legislation Bill. I'd just like to acknowledge the speaker who has just sat down the Hon Gerry Brownlee. It made me see a little bit of déjà vu and I actually remember that time as I worked as an official underneath the previous Government at the time on the Hurunui/Kaikōura Earthquakes Recovery Bill and some of the tax reforms at the time. I probably just want to reflect on that.The Hurunui/Kaikōura bill was a template for this bill. Five orders were issued under that previous bill. And just as a minor correction: the previous bill—the Hurunui bill—actually allowed up to six places for a panel. But the Government obviously made the decision to take four. I think the point about whether 12 is too much—there's obviously a reason why we've chosen to say up to 12"; it's because of the widespread damage. But I think that is a very good point for the select committee to consider: whether "up to 12" is too much or not. But I just want to reflect that it was up to six but the Minister chose four rather than six.The other thing is that the sunset clauses in this particular bill actually go to 2028. The Orders in Council though have to be released by 2026. So the bill actually goes for a further two years than what was previously stated.But I think probably what was touched on by a number of speakers in the House on this bill is that the purpose of this bill is to provide the flexibility to facilitate enable and expedite the recovery. I think as long as we go back to those first principles in relation to the analysis of this bill over the time period that it's going to the select committee we need to always come back to those first principles because there are communities and people throughout the affected regions who need the Government to move quickly—and as the previous member has said this will be a long recovery. So we want to make sure that we remove those particular barriers.There may be some criticism outside this House as to why it is going through under urgency and perhaps why such a short select committee period. It probably would be remiss of me not to remind members of this House that the Hurunui/Kaikōura bill was introduced on 1 December 2016 and then it actually completed all its House phases by 8 December.Again I go back to the point that that bill was the template for this particular bill. So on that matter again go back to the first principles of why we are in the House today: to be able to provide this enabling legislation which will provide a framework.The previous Ministers have gone through some of those checks and balances. I really encourage the select committee in the time that they have to really consider some of those points that were raised; whether the balance has been struck right because again we want to expedite things but we don't want Ministers to be too frustrated that they won't take through Orders in Council. So on that note I commend the bill to the House."
SpeechDr EMILY HENDERSON (Labour—Whangārei): Kia ora e te Māngai o te Whare. I rise to give the final contribution to the debate on the third reading of the Criminal Proceeds (Recovery) Amendment Bill. Quickly I'm going to go over what this bill does. For those watching at home with great excitement as we go through this bill—and I know that you will have been waiting with bated breath because the learned discursions of the previous speaker while learned and detailed maybe didn't quite pick up what we're doing here. As a member of the Justice Committee I do need to say Mr Penk is one of our favourite members who occasionally attends the Justice Committee and it was lovely to hear him discurse" at such length. But basically this bill is after the proceeds. So when my children were small and did something bad they did not get to keep the proceeds of their crime. They did not get to keep their ill-gotten gains. This bill is about giving the police the tools and the rules as Ginny Andersen said to prevent people from profiting from their crimes. We're going to do it in two different bills at the moment. The later one will be heard later this evening and that one really targets the physical assets. This one goes after the money. So it enables us to look at property where there's a piece of property there that the person who is holding it didn't have the money to acquire it and the suspicion is on the basis of their close association with a member of an organised criminal gang that that member of the organised criminal gang has given them the money to acquire this asset and that's how they're hiding their ill-gotten gains. So up to the value of $30000 or more after you get to $30000 we will be able to restrain that and seek from them what is the basis of their having it. If they can't prove to us on the balance of reasonable probabilities that they got it from a reasonable source then the State will have it. The same will apply to people who have KiwiSaver contributions that they can't explain; the same will apply to people going overseas. Normally if you whip off overseas you can avoid these things—not any more.It's a good bill. It's a sensible bill. It does a small and necessary piece of work that is going to give our police the tools to continue to crack down on organised crime along with Operation Tauwhiro along with Operation Cobalt and along with the bill that will be passing I hope later this evening. I commend it to the House."
Williams ArenaARENA WILLIAMS (Labour—Manurewa): Tēnā koe e te Māngai o te Whare. It's a pleasure to make what will be my third speech on this bill. You would have heard me last time very passionately speaking about the process which the select committee has been through. The Justice Committee is a hard-working committee and we have gone through this bill with a fine-tooth comb to really tease out what associate" means in the legislation but also whether that threshold was appropriate. Ultimately the committee arrived on the threshold of $30000 being the appropriate level and that's what I will just touch on tonight in a brief call. It's my view that there are appropriate safeguards around the powers that police are being given in this piece of legislation. This actually goes part of the way towards Labour's manifesto commitments at the last election to ensure that police had the powers that they were asking for to tackle organised crime and it's an important tool in a suite of changes including the increase in front-line police officers that this Government has overseen. It's 1600 now and it's on track for 1800 by June. But this tool is around seizing assets from associates of gangs. These are people who are known to be close associates of people who are organised in committing crimes and it's important that we are able to give police the power to investigate and then seize assets that have had some kind of ill-gotten gain element to them. But the thresholds here ensure that the value of the property that cannot be explained away must be worth $30000. The committee had a lot of discussion about what sorts of assets they would be—and I note the previous speech from Nicole McKee. The committee spent a lot of time understanding whether say a mum and her kids driving a car that couldn't be explained necessarily by her income—were she a beneficiary or a minimum wage worker—would be included in this. I think it was on all of the members of the committee that we really understood that we didn't want the police pursuing those types of cases and that this was really about targeting organised crime rings hiding assets in the families' assets and that is something the Government wants to protect these people from. It's important that we design a system where gang members aren't putting pressure on little old mum on their sisters on their children or on their teenage daughters to hide their assets in their names and own things like houses Mercedes-Benzes boats and things like that. It's important that the police have the power to seize them. That's why this is a good bill and I commend it to the House."
Utikere TangiTANGI UTIKERE (Labour—Palmerston North): Kia orana Madam Speaker. Thank you. It's a pleasure to take a call at the third reading of the Criminal Proceeds (Recovery) Amendment Bill. This goes hand in hand with another piece of legislation that's on the Order Paper the Criminal Activity Intervention Legislation Bill but that's for another day. In this House we often look at legislation and titles can serve as a main descriptor and for this bill it certainly does that. This bill at third reading will allow for new powers that would specifically target associates of crime but in particular associates of organised criminal activity and criminal groupings as well and that's quite defined and quite specific. I want to commend the Justice Committee which worked through this process. I want to commend the Minister of Justice who has brought this to the House. When I have a look at the bill there are a number of tools there. One that does jump out is for example the introduction of a new court order that would be based for those that are located internationally but who have some assets here in Aotearoa New Zealand and the onus is being placed on them to ensure that they can provide some evidence to effectively indicate that they have obtained those items or assets legally in New Zealand. So that is one example of a tool that will give more power to authorities to crack down on criminal offending that is targeted for associates of organised crime and that is a good thing. I commend this bill to the House.
SpeechMARJA LUBECK (Labour): Thank you Madam Speaker. It's a pleasure to be the first one to kick this one off after our dinner break. I'd like to begin as this is a third reading by thanking all of our submitters who took time to present or write in to the Justice Committee as well as the officials and advisers and my colleagues on the select committee for their mahi on the bill. It has been evident from the previous contributions that there were some complex issues to consider in this bill and the select committee worked its way through those challenges very competently and brought the bill to the House in the improved shape that it is in now. This bill contributes to the Government's election manifesto commitment to respond to organised crime by ensuring the enforcement agency has the appropriate powers to seize the proceeds of crime disrupt organised criminal offending and hold its ringleaders to account. As Minister Allan said so eloquently in her speech We say no more." Currently organised criminals can structure their affairs to avoid their assets being restrained or forfeited. They do this by creating distance between themselves and their assets by putting property in the name of associates. The Minister has already explained in her speech that the definition of "associate" was one of those complex issues that the select committee had to consider and there were several submitters in fact that gave their views on this particular point with one of those being the New Zealand Law Society. The bill is about ensuring that crime doesn't pay and that there are in fact major consequences for criminal and gang activity. The bill is the next step in the Government's work to curb crime and make our communities safer and as the Minister of Police Ginny Andersen said before it will mean that not only will we have more front-line police than ever before but also those police will have greater powers to hit the gangs where it hurts. Therefore I commend the bill to the House. ASSISTANT SPEAKER (Hon Jacqui Dean): I call Simon O'Connor for a five-minute call."
SpeechVANUSHI WALTERS (Labour—Upper Harbour): Thank you Madam Speaker for the opportunity to make some brief remarks in relation to this bill. I do want to comment on the select committee process that I was part of and in particular to thank Ginny Andersen for ushering this bill through that process. I've said this before of the Justice Committee but I do think we take our role very seriously and the role of select committee is a very sacred one in the democratic process. We're tasked with the difficult challenge often of walking into the room with open minds and really wrestling with some of the tensions—the difficult tensions—that we need to make a call on. So for those who haven't read through the select committee report and who are interested in this area I suggest they do. But also a number of colleagues have referred to the Police Association submission which I did think made some excellent points and again it didn't attempt to engage with some of the tensions. One of the big tensions for many of us in the room was the inclusion of the term associate" and exactly what was meant by that. The Police Association made the excellent point that section 5 puts some boundaries around that term but also—and perhaps more important to me and others in the room—they made the point that section 51 of the principal Act allows the judiciary to exclude a respondent's property from asset forfeiture in the case of hardship. A number of us were very concerned about that but it was clear that there's already legislative protection in that area. The second tension was one that's been mentioned by my colleague Mark Mitchell and that was the threshold for seizure. But I do think we met that balance in terms of applying the cumulative standard to that $30k but still keeping it at $30k. The final tension which really stood out for me was the requirement for formal evaluation at the point of restraint and I think as a committee we had a really good discussion about how practically that would be quite difficult for the police to do but it may also trigger an alert to the respondent where they would dispose of the said property. So where we landed was inserting a clause which confirmed that the Commissioner of Police would only need an estimate at that stage and then once you have restraint a more formal evaluation could occur. So it was an extremely robust process. We did discuss in detail across the National Party colleagues and the ACT Party colleagues where we would sit. I do think we've come to a fair result and I commend this bill to the House."
Brownlee GerryHon GERRY BROWNLEE (National): Point of order Mr Speaker. Can I take this opportunity just to remind the Parliament that we are holding a reception for Mr Twigg in your lounge at 6 o'clock and I'd appreciate it if as many members as possible could come to meet the gentleman. Thank you.
Rurawhe AdrianVISITORSCommonwealth Parliamentary Association—Secretary-GeneralSPEAKER: I'm sure that members would wish to welcome Stephen Twigg Secretary-General of the Commonwealth Parliamentary Association who is present in the gallery.
Salesa JennyTUESDAY 28 MARCH 2023The Speaker took the Chair at 2 p.m.KARAKIA/PRAYERSHon JENNY SALESA (Assistant Speaker): 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.]
Thursday 16 March 2023 - Volume 766