Fenton Darien: Local Government (Auckland Reorganisation) Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Fenton Darien: Local Government (Auckland Reorganisation) Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
[Volume:654;Page:3645] 
DARIEN FENTON (Labour) 
: 
 I rise to support this excellent new part proposed by my colleague Carol Beaumont. I can only echo what all my colleagues have said. But I also affirm our plea to the National Government to seriously consider this part and to think about what we are talking about when we talk about good employment practices being a good employer and how important that is particularly at a time when 6300 workers are living with enormous uncertainty. They do not know whether they will have a job in 18 months. They do not know what the rationalisation of their jobs means. That is what the Government has proposed—that their jobs be rationalised by October 2010. 
Last night we heard a whole lot of platitudes about how Part 3 was about protecting the workers. Well no it actually is not. It may protect the workers who transition at the point of the changeover in October 2010 but I ask how many of them will be left. How many of them will have been rationalised in the meantime? That is why this provision is extremely important. But in addition to that I would like to put forward some additional amendments to clause 101 “General principles” in new Part 10. I propose that we add new subparagraphs (i) to (v) to subclause (1)(a). 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. This is I think the most serious point of order I have taken with regard to chairing in a very long time. Mr Chairperson in giving the call you went from my colleague Winnie Laban to Darien Fenton. Colin King attempted to take the call at that time. I accept that it is your discretion to call whom you like. What I would like from you is an assurance that you received no comment at all from John Carter—as I thought you did—indicating that you should not accept the closure motion. 
The CHAIRPERSON (Lindsay Tisch) 
: That is not correct. I have sole discretion over who takes a call. I am impartial in these matters and that is where the matter ends. 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. It is a long tradition well established in this House that calls go from side to side. You chose not to take the call— 
The CHAIRPERSON (Lindsay Tisch) 
: I have made my decision. I have sole discretion as to who is given the call. 
Hon Trevor Mallard 
: I am seeking an assurance that you did not get an instruction from John Carter. 
The CHAIRPERSON (Lindsay Tisch) 
: That is impugning my integrity. 
Hon Trevor Mallard 
: It is. 
The CHAIRPERSON (Lindsay Tisch) 
: It is and I do not like that. I ask you to withdraw that comment. 
Hon Trevor Mallard 
: I withdraw. 
I raise a point of order Mr Chairperson. We are involved at the moment in a very technical process which some of us are playing very carefully by the rules as to the timing of the tabling of amendments. What you have done in your approach has the effect of showing considerable favouritism towards the Government. I want to know— 
The CHAIRPERSON (Lindsay Tisch) 
: That is completely out of order. I strongly object to that assertion. The discretion as to who takes a call is entirely in the hands of the Chair at the time. I will choose who takes the call—it is as clear as that. I offered the call to Darien Fenton and she has the call. That is where the matter ends. 
Hon Darren Hughes 
: I raise a point of order Mr Chairperson. I think the point the Opposition is raising is a serious one. It is not done to challenge you or your authority but it is very important that all the Chairs of the Committee are not seen as liaising with the Government in any way. Last evening I was surprised to see you meeting with the chief Government whip and the Clerk of the House at the same time. 
The CHAIRPERSON (Lindsay Tisch) 
: I hear what you say; thank you for those comments. I want to assure you that I do not get my instructions from the other side of the Chamber. I am an independent person; I chair the Committee as I see the points that were made earlier by the previous Chairperson presiding as to content as to delivery and as to substance. At this stage I have given the call to Darien Fenton and that is where the call lies. 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. I know that I am at some risk in doing this but the Committee would be entirely satisfied if you gave it the assurance that you did not receive any comment from Mr Carter before he left the Chamber. 
The CHAIRPERSON (Lindsay Tisch) 
: You are challenging my ruling and that is completely out of order. I am impartial; I make the decisions based on how I see the flow of the debate. Whom I choose to speak is at my discretion. That is why I chose Darien Fenton following Winnie Laban. 
Hon Trevor Mallard 
: You are not prepared to give the assurance? 
The CHAIRPERSON (Lindsay Tisch) 
: Look I have given you my assurance that I do not get instructions from anybody. You are asserting that I do and I take strong exception to that. 
Hon Darren Hughes 
: I raise a point of order Mr Chairperson. I accept absolutely what you have said—that you are not getting instruction in any way or taking instruction. But I just wanted an assurance that it is not your practice to meet with the chief Government whip and the Clerk at the same time—that that is not your practice—as I discovered you doing last evening. 
The CHAIRPERSON (Lindsay Tisch) 
: Well it is true that you did. I happened to be with the Clerk of the House at the time—just to explain to the Committee—and the chief National whip came in. That had nothing to do I can assure you with the process of deliberations last night; it was just fortuitous that we happened to be in the same place at the same time when you came in and I left immediately afterwards. I can assure you there was nothing untoward in that. Once again I do take exception to that assertion. 
Hon Darren Hughes 
: I accept that.