Hansard and Journals

Journals of the House

Journals of the House for the week beginning Tuesday, 27 September 2011

Tuesday, 27 September 2011

The House met at 2.00 pm.

Prayers

1. Question of privilege

The Speaker advised the House of a question of privilege relating to the Supreme Court decision in Attorney-General and Gow v Leigh [2011] NZSC 106.

The question stood referred to the Privileges Committee.

2. Business of the House

By leave, agreed that the House suspend for the dinner break each day, or adjourn if it is a Thursday, at the conclusion of valedictory statements.

3. Petitions

The presentation of three petitions was announced (see Related links for petitions presented).

4. Papers

Twenty-two papers were announced as published under the authority of the House.

The Speaker presented six further papers (see Related links for papers published under the authority of the House and papers presented).

5. Select committee reports

The presentation of nine reports was announced.

The following reports were set down for consideration:

  • Report from the Parliamentary Commissioner for the Environment on Lignite and climate change: The high cost of low grade coal
  • Report by the New Zealand delegation to the Australia-New Zealand Scrutiny of Legislation Conference, Brisbane, 26–28 July 2011
  • Reserve Bank of New Zealand’s monetary policy statement, September 2011
  • Eleventh biennial conference of the Australasian Council of Public Accounts Committees (ACPAC), Perth, Australia, 27 to 30 April 2011
  • Review of the Standing Orders

(see Related links for select committee reports).

6. Questions for oral answer

Twelve questions to Ministers were answered.

Two questions to members were answered.

7. Government orders of the day

Criminal Procedure (Reform and Modernisation) Bill

Hon Simon Power moved, and the question was proposed, That the Criminal Procedure (Reform and Modernisation) Bill be now read a second time.

On the question, That the amendments recommended by the Justice and Electoral Committee by majority be agreed to, the votes were recorded as follows:

Ayes 110 New Zealand National 57; New Zealand Labour 42; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1
Noes 11 Green Party 9; Mana 1; Independent: Carter C

Resolved, That the amendments recommended by the Justice and Electoral Committee by majority be agreed to.

On the question, That the bill be now read a second time, the votes were recorded as follows:

Ayes 110 New Zealand National 57; New Zealand Labour 42; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1
Noes 11 Green Party 9; Mana 1; Independent: Carter C

Motion agreed to.

The Criminal Procedure (Reform and Modernisation) Bill was read a second time and set down for Committee stage next sitting day.

Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill

Hon Peter Dunne moved, and the question was proposed, That the Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill be now read a first time.

On the question, That the bill be now read a first time, the votes were recorded as follows:

Ayes 110 New Zealand National 57; New Zealand Labour 42; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1
Noes 11 Green Party 9; Mana 1; Independent: Carter C

Motion agreed to.

The Taxation (Annual Rates, Returns Filing, and Remedial Matters) Bill was read a first time and stood referred to a select committee.

Hon Peter Dunne moved a motion nominating the select committee to consider the bill.

On the question, That the motion be agreed to, the votes were recorded as follows:

Ayes 110 New Zealand National 57; New Zealand Labour 42; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1
Noes 11 Green Party 9; Mana 1; Independent: Carter C

Resolved, That the Finance and Expenditure Committee consider the bill.

8. Urgency

Hon Simon Power moved a motion to accord urgency to certain business.

On the question, That the motion be agreed to, the votes were recorded as follows:

Ayes 110 New Zealand National 57; New Zealand Labour 42; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1
Noes 11 Green Party 9; Mana 1; Independent: Carter C

Resolved, That urgency be accorded the introduction and first reading of the—

  • Video Camera Surveillance (Temporary Measures) Bill
  • Sleepover Wages (Settlement) Bill—

and for Sue Kedgley to give her valedictory statement at 5.45 pm as determined by the Business Committee.

9. Introduction and first reading of Government bills

Video Camera Surveillance (Temporary Measures) Bill

The introduction of the Video Camera Surveillance (Temporary Measures) Bill was announced and the bill set down for first reading forthwith.

Hon Christopher Finlayson moved, and the question was proposed, That the Video Camera Surveillance (Temporary Measures) Bill be now read a first time.

The debate was interrupted.

10. Valedictory statement

Sue Kedgley made a valedictory statement.

11. Government bills—continued

Video Camera Surveillance (Temporary Measures) Bill

The House resumed the interrupted debate on the question, That the Video Camera Surveillance (Temporary Measures) Bill be now read a first time.

On the question, That the bill be now read a first time, the votes were recorded as follows:

Ayes 106 New Zealand National 57; New Zealand Labour 42; ACT New Zealand 5; Progressive 1; United Future 1
Noes 15 Green Party 9; Māori Party 4; Mana 1; Independent: Carter C

Motion agreed to.

The Video Camera Surveillance (Temporary Measures) Bill was read a first time and stood referred to a select committee.

Resolved, That the Justice and Electoral Committee consider the Video Camera Surveillance (Temporary Measures) Bill, that the committee report finally to the House on or before 3 October 2011, and that the committee have authority to meet tomorrow and at any time while the House is sitting (except during oral questions), during any evening on a day on 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, despite Standing Orders 187 and 190(1)(b) and (c) (Hon Christopher Finlayson).

Sleepover Wages (Settlement) Bill

The introduction of the Sleepover Wages (Settlement) Bill was announced and the bill set down for first reading forthwith.

The Sleepover Wages (Settlement) Bill was read a first time and stood referred to a select committee.

Resolved, That the Health Committee consider the Sleepover Wages (Settlement) Bill, that the committee report finally to the House on or before 3 October 2011, and that the committee have authority to meet tomorrow and at any time while the House is sitting (except during oral questions), during any evening on a day on 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, despite Standing Orders 187 and 190(1)(b) and (c) (Hon Kate Wilkinson for Hon Tony Ryall).

12. Adjournment

At 9.58 pm the House adjourned.

Wednesday, 28 September 2011

The House met at 2.00 pm.

Prayers

1. Government motion

Resolved, That the House express its sadness on the death of an SAS soldier in Afghanistan (Rt Hon John Key).

2. Select committee reports

The presentation of two reports was announced.

The report on the Briefing on Cambodia’s war crimes tribunal was set down for consideration (see Related links for select committee reports).

3. Questions for oral answer

Twelve questions to Ministers were answered.

Two questions to members were answered.

4. General debate

Hon Bill English moved, and the question was proposed, That the House take note of miscellaneous business.

The motion lapsed.

5. Private and local orders of the day

Royal Society of New Zealand Amendment Bill

The Speaker declared the House in Committee for further consideration of the Royal Society of New Zealand Amendment Bill.

(In the Committee)

Clause 16 read again.

Hon Heather Roy moved, That the Committee report progress.

On the question, That the motion be agreed to, the votes were recorded as follows:

Ayes 63 New Zealand National 57; ACT New Zealand 5; United Future 1
Noes 58 New Zealand Labour 42; Green Party 9; Māori Party 4; Progressive 1; Mana 1; Independent: Carter C

Resolved, That progress be reported.

The Chairperson left the Chair to report progress.

Reporting of bill

The Speaker resumed the Chair, and the Chairperson reported progress on the Royal Society of New Zealand Amendment Bill.

On the question, That the report be adopted, the votes were recorded as follows:

Ayes 63 New Zealand National 57; ACT New Zealand 5; United Future 1
Noes 58 New Zealand Labour 42; Green Party 9; Māori Party 4; Progressive 1; Mana Party 1; Independent: Carter C

Motion agreed to.

The report was adopted and the bill set down for further consideration in Committee next sitting day.

6. Members’ orders of the day

Education (Freedom of Association) Amendment Bill

Hon Heather Roy moved, and the question was proposed, That the Education (Freedom of Association) Amendment Bill be now read a third time.

The debate was interrupted.

7. Valedictory statements

Hon Mita Ririnui and Keith Locke made valedictory statements.

8. Members’ orders of the day—continued

Education (Freedom of Association) Amendment Bill

The House resumed the interrupted debate on the question, That the Education (Freedom of Association) Amendment Bill be now read a third time.

On the question, That the bill be now read a third time, the votes were recorded as follows:

Ayes 63 New Zealand National 57; ACT New Zealand 5; United Future 1
Noes 58 New Zealand Labour 42; Green Party 9; Māori Party 4; Progressive 1; Mana 1; Independent: Carter C

Motion agreed to.

The Education (Freedom of Association) Amendment Bill was read a third time.

Employment Relations (Secret Ballot for Strikes) Amendment Bill

The Speaker declared the House in Committee for further consideration of the Employment Relations (Secret Ballot for Strikes) Amendment Bill.

(In the Committee)

Clause 3 read again.

Tim Macindoe moved, That the question be now put. The Chairperson declined the motion.

Jo Goodhew moved, That the question be now put.

On the question, That the question be now put, the votes were recorded as follows:

Ayes 63 New Zealand National 57; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Mana 1; Independent: Carter C

Resolved, That the question be now put.

On the question, That clause 3 stand part, the votes were recorded as follows:

Ayes 63 New Zealand National 57; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Mana 1; Independent: Carter C

Resolved, That clause 3 stand part.

Clause 4 read.

Jo Goodhew moved, That the question be now put.

On the question, That the question be now put, the votes were recorded as follows:

Ayes 63 New Zealand National 57; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Mana 1; Independent: Carter C

Resolved, That the question be now put.

On the question, That clause 4 stand part, the votes were recorded as follows:

Ayes 63 New Zealand National 57; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Mana 1; Independent: Carter C

Resolved, That clause 4 stand part.

The following amendments were proposed:

New clause 4A:

To insert the following clause after clause 4:

4A When society entitled to be registered as union

Section 14(1) is amended by inserting the following paragraph after paragraph (c):

“(ca)the society’s rules contain a provision relating to the process for holding a secret ballot for the purposes of this Act; and”.

(Hon Tau Henare)

On the question, That the amendment be agreed to, the votes were recorded as follows:

Ayes 63 New Zealand National 57; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Mana 1; Independent: Carter C

Resolved, That the amendment be agreed to.

New clause 5A:

To insert the following clause after clause 4:

5A When society entitled to be registered as union

Section 14(1) is amended by adding the following paragraph:

“(e) the society’s rules include a requirement that a secret ballot of its members who are employed by the same or different employers (as the case may be) and who would become a party to the strike be held before any strike is undertaken.”

(Darien Fenton)

At 9.55 pm the Chairperson left the Chair to report progress.

Reporting of bill

The Speaker resumed the Chair, and the Chairperson reported progress on the Employment Relations (Secret Ballot for Strikes) Amendment Bill.

The report was adopted and the bill set down for further consideration in Committee next sitting day.

9. Adjournment

At 9.55 pm the House adjourned.

Thursday, 29 September 2011

The House met at 2.00 pm.

Prayers

1. Business statement

The Acting Leader of the House made a statement relating to the business of the House.

2. Papers

One paper was announced as published under the authority of the House (see Related links for papers published under the authority of the House).

3. Select committee reports

The presentation of three reports was announced (see Related links for select committee reports).

4. Introduction of bills

The introduction of the—

  • Crown Entities Reform Bill
  • Hutt City Council (Graffiti Removal) Bill—

was announced and the bills were set down for first reading.

5. Questions for oral answer

Twelve questions to Ministers were answered.

Two questions to members were answered.

6. Government orders of the day

Criminal Procedure (Reform and Modernisation) Bill

The Speaker declared the House in Committee for consideration of the Criminal Procedure (Reform and Modernisation) Bill.

(In the Committee)

Clauses 1 and 2, Parts 1 to 9, and Schedules 1 to 6 read.

The following amendments to the amendments were put:

To omit “of less than 2 years” from the amendment to clause 4(1)(h) set out on Supplementary Order Paper No 281 (Hon Simon Power) and substitute “of less than 3 months” (Dr Kennedy Graham).

On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:

Ayes 54 New Zealand Labour 42; Green Party 9; Progressive 1; Mana 1; Independent: Carter C
Noes 67 New Zealand National 57; ACT New Zealand 5; Māori Party 4; United Future 1

Amendment to the amendment not agreed to.

Amendment set out on Supplementary Order Paper No 284 (Dr Kennedy Graham) to the amendment to clause 128(3) set out on Supplementary Order Paper No 281 (Hon Simon Power).

On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:

Ayes 54 New Zealand Labour 42; Green Party 9; Progressive 1; Mana 1; Independent: Carter C
Noes 67 New Zealand National 57; ACT New Zealand 5; Māori Party 4; United Future 1

Amendment to the amendment not agreed to.

To omit the item in clause 435 set out on Supplementary Order Paper No 283 (Hon Simon Power), referring to new section 23(3)(b)(iii), and substitute the following item:

New section 23(2)(b)(iii): to omit “are outstanding” and substitute “have been issued” (Hon Simon Power).

Resolved, That the amendment to the amendment be agreed to.

The following amendments were put:

Amendments set out on Supplementary Order Paper Nos 281 and 283, as amended (except that to new section 277(10) in Schedule 3) (Hon Simon Power).

Resolved, That the amendments be agreed to.

The following amendments were tabled:

Amendments set out on Supplementary Order Paper No 286 (Charles Chauvel).

Amendments ruled out of order as 24 hours’ notice had not been given for amendments that may have an impact on the Government’s fiscal aggregates.

The following amendments were put:

Clause 4(1):

To omit from paragraph (j) “if the matter proceeds to trial, the trial will be a Judge-alone trial” and substitute “a defendant charged with a category 2 offence has a choice about whether or not to elect a trial by jury (see section 48):”.

To insert the following paragraph after paragraph (j):

“(ja) if the defendant elects trial by jury, and the matter proceeds to trial, the trial will be a jury trial (unless a Judge-alone trial is ordered under section 102 or 103):”.

(Dr Kennedy Graham)

On the question, That the amendments be agreed to, the votes were recorded as follows:

Ayes 54 New Zealand Labour 42; Green Party 9; Progressive 1; Mana 1; Independent: Carter C
Noes 67 New Zealand National 57; ACT New Zealand 5; Māori Party 4; United Future 1

Amendments not agreed to.

Clause 429:

To omit this clause (Dr Kennedy Graham).

On the question, That the amendment be agreed to, the votes were recorded as follows:

Ayes 54 New Zealand Labour 42; Green Party 9; Progressive 1; Mana 1; Independent: Carter C
Noes 67 New Zealand National 57; ACT New Zealand 5; Māori Party 4; United Future 1

Amendment not agreed to.

Clause 431:

Amendment set out on Supplementary Order Paper No 285 (Dr Kennedy Graham).

On the question, That the amendment be agreed to, the votes were recorded as follows:

Ayes 54 New Zealand Labour 42; Green Party 9; Progressive 1; Mana 1; Independent: Carter C
Noes 67 New Zealand National 57; ACT New Zealand 5; Māori Party 4; United Future 1

Amendment not agreed to.

On the question, That clauses 1 and 2, Parts 1 to 9, and Schedules 1 to 6, as amended, stand part, the votes were recorded as follows:

Ayes 110 New Zealand National 57; New Zealand Labour 42; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1
Noes 11 Green Party 9; Mana 1; Independent: Carter C

Resolved, That clauses 1 and 2, Parts 1 to 9, and Schedules 1 to 6, as amended, stand part.

Resolved, That the bill be divided into 15 bills as set out on Supplementary Order Paper No 282 (Hon Simon Power).

The Chairperson announced that the bill would be reported with amendment and divided into 15 bills.

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported the Criminal Procedure (Reform and Modernisation) Bill with amendment and divided into the following bills:

  • Criminal Procedure Bill
  • Bail Amendment Bill (No 3)
  • Children, Young Persons, and Their Families Amendment Bill (No 3)
  • Corrections Amendment Bill
  • Crimes Amendment Bill (No 5)
  • Criminal Disclosure Amendment Bill
  • Criminal Procedure (Mentally Impaired Persons) Amendment Bill
  • District Courts Amendment Bill (No 2)
  • Evidence Amendment Bill
  • Juries Amendment Bill
  • Justices of the Peace Amendment Bill
  • New Zealand Bill of Rights Amendment Bill
  • Sentencing Amendment Bill (No 6)
  • Summary Proceedings Amendment Bill (No 4)
  • Victims’ Rights Amendment Bill.

The report was adopted and the Criminal Procedure Bill, the Bail Amendment Bill (No 3), the Children, Young Persons, and Their Families Amendment Bill (No 3), the Corrections Amendment Bill, the Crimes Amendment Bill (No 5), the Criminal Disclosure Amendment Bill, the Criminal Procedure (Mentally Impaired Persons) Amendment Bill, the District Courts Amendment Bill (No 2), the Evidence Amendment Bill, the Juries Amendment Bill, the Justices of the Peace Amendment Bill, the New Zealand Bill of Rights Amendment Bill, the Sentencing Amendment Bill (No 6), the Summary Proceedings Amendment Bill (No 4), and the Victims’ Rights Amendment Bill were set down for third reading next sitting day.

Victims of Crime Reform Bill

Hon Simon Power moved, and the question was proposed, That the Victims of Crime Reform Bill be now read a first time.

The debate was interrupted and set down for resumption next sitting day.

7. Valedictory statements

Dr Ashraf Choudhary, Hon Heather Roy, Hon Sir Roger Douglas, and Hon George Hawkins made valedictory statements.

8. Adjournment

At 6.22 pm the House adjourned.