McClay ToddHon TODD McCLAY (National—Rotorua (remote): Madam Chair thank you very much. I am pleased to speak in this debate. As my colleague Andrew Bayly said I do have a Supplementary Order Paper (SOP) and I would ask the Minister to consider—not to brush over lightly because this isn't actually a political point. It's extremely important that we get it right for those businesses in New Zealand that have used or relied upon this safeguard—that does exist in other countries that we compete against—and that will be taken away without good reason. I would say that actually Andrew Bayly is passionate not as a result of anything that's happened in the dinner break but because actually it's important we get this right. And when the Minister says Look I've answered before and so I'm not going to keep jumping to my feet." he does a great great disservice to all of those people whose businesses rely upon the Commerce Act who follow it closely have used it legally and properly and now are going to find extra restraint put upon them or restriction as a result of this problem around intellectual property (IP) that the Minister is trying to fix when actually there is a very strong likelihood that a problem doesn't exist. Look it could be that the Hon David Clark is trying to make a name for himself as a problem-solver. But Minister that will only happen when you solve problems when they exist—a solution to a problem that doesn't exist. Actually it's just regulation it's change it's cost and that costs everyday New Zealand businesses. Now I did have a look at the letter just then at the bottom that he was mentioning that Andrew Bayly spoke of from the gaming industry. He didn't talk about other parts in it where the gaming industry said this is likely to be the consequence of these changes taking away the IP provision or the safeguard. And he spoke about the New Zealand film industry the industry that the previous Government—when we were in Government the National Party put significant effort into. The reason that The Lord of the Rings remained here and The Hobbit movies were made here was because of changes we made that did include an investment on the part of all New Zealanders. Actually what the gaming industry have done—and I take them at their word on this because they're experts. Their vested interest is they are already doing this work. They are already creating jobs in New Zealand income for New Zealanders as a result of this but they're saying that international film studios and others are less likely to license or make available their software and other IP as a result of these changes because they look around the world they look at where they have certainty and New Zealand may no longer have certainty. The United States retains the legislation with a carve-out a safeguard for IP. The UK does; so does the European Union. The Minister is right when he referred to—at the bottom of the letter they were talking about what happened in Australia. Australia did make these changes. There was a lot of controversy. We heard in committee actually that Australia stepped back and now looking at that and they have an assessment period put in place to decide whether it was the right move. So it's not so much that it actually has worked in Australia and everybody's happy. Their Government put in a provision that said they would come and reassess it. And that reassessment I understand is likely to start soon and is not going as well as has been suggested. We heard that during the committee stage.Also these changes will have an impact upon existing arrangements in New Zealand; they're not just forward looking. And when the authors of the letter from the gaming industry said in Australia in the end they needed a lot of guidance from their commerce commission they actually were making the point in the case of the New Zealand Commerce Commission any guidance has been very very high level which doesn't give them comfort. What that does is it means that there is ongoing uncertainty. So I have an SOP in there that would mean that New Zealand lines up with the United States it lines up with the United Kingdom it lines up with all of the European Union—three areas where a lot of investment comes towards New Zealand for our film industry an industry the New Zealand taxpayer has supported when we were in Government and continues to support now under this Government because they continue to provide the support of subsidy of the GST back and many many other things. You remember all the money that Stuart Nash as the Minister promised for the Hobbit series that Amazon was doing? What did Amazon do? Left because of ongoing uncertainty. Where did they go? To a European Union country. So I would ask that this SOP be considered by the Minister and supported."