Hansard and Journals

Journals of the House

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13 October 2009
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Journals of the House for the week beginning Tuesday, 13 October 2009

Tuesday, 13 October 2009

Wednesday, 14 October 2009

6. Adjournment

Thursday, 15 October 2009

Tuesday, 13 October 2009

The House met at 2.00 pm.

Prayers

1. Death of former member of the House of Representatives

The Speaker advised the House of the death on 27 September 2009 of Murray Robert Smith, a former member of the House of Representatives.

The Speaker expressed on behalf of the House the sense of loss sustained and sympathy with the relatives of the late former member, and members stood and observed a period of silence as a mark of respect to his memory.

2. Government motion

Tsunami in Samoa

Resolved, That this Parliament express its sympathy and concern to the people of Samoa, American Samoa and Tonga following the recent Pacific tsunami, and that it extend its condolences to New Zealanders who lost family members and friends in that tragedy (Hon John Key).

3. Petitions

The presentation of one petition was announced (see Schedule for petitions presented).

4. Papers

Twenty-two papers were announced as published under the authority of the House (see Related links for papers published under the authority of the House and papers presented).

5. Select committee reports

The presentation of eight reports was announced.

The following bills were set down for second reading:

  • Residential Tenancies Amendment Bill
  • Corrections (Contract Management of Prisons) Amendment Bill
  • Privacy (Cross-border Information) Amendment Bill.

The following reports were set down for consideration:

  • Report from the Controller and Auditor-General on Inland Revenue Department: Managing tax debts
  • Reserve Bank of New Zealand’s monetary policy statement, September 2009

(see Related links for select committee reports).

6. Questions for oral answer

Twelve questions to Ministers were answered.

7. Government orders of the day

Anti-Money Laundering and Countering Financing of Terrorism Bill

The Speaker declared the House in Committee for consideration of the Anti-Money Laundering and Countering Financing of Terrorism Bill.

(In the Committee)

Part 1 read.

Jacqui Dean moved, That the question be now put. The Chairperson declined the motion.

The following amendment was put:

Clause 4:

To omit “in any overseas country” (Hon Trevor Mallard).

Amendment not agreed to.

Resolved, That Part 1 stand part.

Part 2 read.

Resolved, That Part 2 stand part.

Part 3 read.

Resolved, That Part 3 stand part.

Part 4 read.

Resolved, That Part 4 stand part.

Schedule 1 read.

Resolved, That Schedule 1 stand part.

Schedule 2 read.

The following amendment was put:

Schedule 2, Part 2:

To insert after the item relating to the Mutual Assistance in Criminal Matters Act 1992, the following:

Reserve Bank of New Zealand Act 1989 (1989 No 157)

Section 41(1): add “and the Anti-Money Laundering and Countering Financing of Terrorism Act 2009”.

Section 41(2): insert “, or the Anti-Money Laundering and Countering Financing of Terrorism Act 2009, ” after “by this Act”.

Section 51(5): insert “or under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009” after “by this Act”.

Section 51: add:

(9)To avoid doubt, the Governor’s functions and powers include his or her functions and powers under the Anti-Money Laundering and Countering Financing of Terrorism Act 2009.

(Hon Dr Jonathan Coleman)

Resolved, That the amendment be agreed to.

Resolved, That Schedule 2, as amended, stand part.

Clauses 1 and 2 read.

Resolved, That clause 1 stand part.

Resolved, That clause 2 stand part.

The Chairperson announced that the bill would be reported with amendment.

Reporting of bill

The Speaker resumed the Chair, and the Chairperson reported the Anti-Money Laundering and Countering Financing of Terrorism Bill with amendment.

The report was adopted and the bill set down for third reading next sitting day.

Land Transport (Enforcement Powers) Amendment Bill

The Land Transport (Enforcement Powers) Amendment Bill was read a second time and set down for Committee stage next sitting day.

Vehicle Confiscation and Seizure Bill

Hon Judith Collins moved, and the question was proposed, That the Vehicle Confiscation and Seizure Bill be now read a second time.

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

Ayes 113 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Māori Party 5; Progressive 1; United Future 1
Noes 8 Green Party 8

Motion agreed to.

The Vehicle Confiscation and Seizure Bill was read a second time and set down for Committee stage next sitting day.

8. Adjournment

At 10.00 pm the House adjourned.

Wednesday, 14 October 2009

The House met at 2.00 pm.

Prayers

1. Papers

Five papers were announced as published under the authority of the House (see Related links for papers published under the authority of the House).

2. Introduction of bills

The introduction of the Head of State Referenda Bill was announced and the bill set down for first reading.

3. Questions for oral answer

Twelve questions to Ministers were answered.

4. General debate

Dr Russel Norman moved, and the question was proposed, That the House take note of miscellaneous business.

The motion lapsed.

5. Government orders of the day

Immigration Bill

The Speaker declared the House in Committee for further consideration of the Immigration Bill.

(In the Committee)

Part 8 read again.

The following amendments were put:

Amendments set out on Supplementary Order Papers Nos 32 and 68 (Hon Dr Jonathan Coleman).

Resolved, That the amendments be agreed to.

Resolved, That Part 8, as amended, stand part.

Part 9 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

Resolved, That the amendments be agreed to.

Clause 271A:

Amendment set out on Supplementary Order Paper No 31 (Keith Locke).

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

Ayes 9 Green Party 9
Noes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1

Amendment not agreed to.

Clause 273:

Amendment set out on Supplementary Order Paper No 31 (Keith Locke).

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

Ayes 9 Green Party 9
Noes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1

Amendment not agreed to.

Clause 275:

Amendment set out on Supplementary Order Paper No 31 (Keith Locke).

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

Ayes 9 Green Party 9
Noes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1

Amendment not agreed to.

The following amendment was tabled:

Clause 285:

Amendment set out on Supplementary Order Paper No 31 (Keith Locke).

Amendment ruled out of order as being inconsistent with a previous decision of the Committee.

The following amendment was put:

Clause 289:

Amendment set out on Supplementary Order Paper No 31 (Keith Locke).

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

Ayes 9 Green Party 9
Noes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1

Amendment not agreed to.

On the question, That Part 9, as amended, stand part, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That Part 9, as amended, stand part.

Part 10 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

Resolved, That the amendments be agreed to.

On the question, That Part 10, as amended, stand part, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That Part 10, as amended, stand part.

Part 11 read.

The following amendments were put:

Clause 350:

Amendment set out on Supplementary Order Paper No 31 (Keith Locke).

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

Ayes 9 Green Party 9
Noes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1

Amendment not agreed to.

Amendments set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

Resolved, That the amendments be agreed to.

Resolved, That Part 11, as amended, stand part.

Part 12 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

Resolved, That the amendments be agreed to.

On the question, That Part 12, as amended, stand part, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That Part 12, as amended, stand part.

New Part 13:

The following amendment to the amendment was put:

Amendment set out on Supplementary Order Paper No 68 to the amendment set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Amendment to the amendment agreed to.

The following amendment, as amended, was put:

Amendment, as amended, set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

On the question, That New Part 13, as amended, be agreed, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

New Part 13, as amended, agreed to.

Schedule 1 read.

The following amendment was put:

Amendment set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Amendment agreed to.

On the question, That Schedule 1, as amended, stand part, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That Schedule 1, as amended stand part.

Schedule 2 read.

The following amendment was put:

Amendments set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Amendments agreed to.

On the question, That Schedule 2, as amended, stand part, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That Schedule 2, as amended, stand part.

Schedule 3 read.

The following amendment was put:

Amendments set out on Supplementary Order Papers Nos 32 and No 68 (Hon Dr Jonathan Coleman).

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Amendments agreed to.

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That Schedule 3, as amended, stand part.

Schedule 4 read.

The following amendment was put:

Amendments set out on Supplementary Order Papers Nos 32 and No 68 (Hon Dr Jonathan Coleman).

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Amendments agreed to.

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That Schedule 4, as amended, stand part.

Schedule 5 read.

The following amendment was put:

Amendments set out on Supplementary Order Papers Nos 32 and No 68 (Hon Dr Jonathan Coleman).

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Amendments agreed to.

On the question, That Schedule 5, as amended, stand part, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That Schedule 5, as amended, stand part.

Clauses 1 and 2 read.

On the question, That clause 1 stand part, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That clause 1 stand part.

Clause 2:

The following amendment to the amendment was put:

Amendment set out on Supplementary Order Paper No 68 to the amendment set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

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

The following amendment, as amended, was put:

Amendments, as amended, set out on Supplementary Order Paper No 32 (Hon Dr Jonathan Coleman).

Resolved, That the amendments, as amended, be agreed.

On the question, That clause 2, as amended, stand part, the votes were recorded as follows:

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Resolved, That clause 2, as amended, stand part.

The Chairperson announced that the bill would be reported with amendment.

Reporting of bill

The Speaker resumed the Chair, and the Chairperson reported the Immigration Bill with amendment.

The report was adopted and the bill set down for third reading next sitting day.

Sentencing (Offender Levy) Amendment Bill

The Sentencing (Offender Levy) Amendment Bill was read a second time and set down for Committee stage next sitting day.

Criminal Investigations (Bodily Samples) Amendment Bill

Hon Simon Power moved, and the question was proposed, That the Criminal Investigations (Bodily Samples) Amendment Bill be now read a second time.

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

Ayes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 14 Green Party 9; Māori Party 5

Motion agreed to.

The Criminal Investigations (Bodily Samples) Amendment Bill was read a second time and set down for Committee stage next sitting day.

Insolvency Amendment Bill

Hon Simon Power moved, and the question was proposed, That the Insolvency Amendment Bill be now read a third time.

6. Adjournment

At 10.00 pm the Speaker interrupted the debate, set it down for resumption next sitting day, and left the Chair.

Thursday, 15 October 2009

The House met at 2.00 pm.

Prayers

1. Business statement

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

2. Papers

Five papers were announced as published under the authority of the House (see Related links for papers published under the authority of the House).

3. Questions for oral answer

Twelve questions to Ministers were answered.

4. Government orders of the day

Anti-Money Laundering and Countering Financing of Terrorism Bill

The Anti-Money Laundering and Countering Financing of Terrorism Bill was read a third time.

5. Urgency

Hon Gerry Brownlee 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 69 New Zealand National 58; ACT New Zealand 5; Māori Party 5; United Future 1
Noes 52 New Zealand Labour 43; Green Party 8; Progressive 1

Motion agreed to.

Resolved, That urgency be accorded the introduction and first reading of the Border (Customs, Excise, and Tariff) Processing Bill, and the committee stages of the Sentencing (Offender Levy) Amendment Bill, the Criminal Investigations (Bodily Samples) Amendment Bill, the Domestic Violence (Enhancing Safety) Bill, and the Gangs and Organised Crime Bill.

6. Introduction and first reading of Government bill

Border (Customs, Excise, and Tariff) Processing Bill

The introduction of the Border (Customs, Excise, and Tariff) Processing Bill was announced, and the bill set down for first reading forthwith.

Hon Maurice Williamson moved, and the question was proposed, That the Border (Customs, Excise, and Tariff) Processing 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 113 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Māori Party 5; Progressive 1; United Future 1
Noes 8 Green Party 8

Motion agreed to.

The Border (Customs, Excise, and Tariff) Processing Bill was read a first time and stood referred to a select committee.

Resolved, That the Government Administration Committee consider the Border (Customs, Excise, and Tariff) Processing Bill, that the committee report finally to the House on or before 16 November 2009, and that the committee have authority to meet at any time while the House is sitting (except during oral questions), and 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 Steven Joyce for Hon Maurice Williamson).

7. Government orders of the day—continued

Sentencing (Offender Levy) Amendment Bill, Criminal Investigations (Bodily Samples) Amendment Bill, Domestic Violence (Enhancing Safety) Bill, and Gangs and Organised Crime Bill

The Speaker declared the House in Committee for consideration of the Sentencing (Offender Levy) Amendment Bill, the Criminal Investigations (Bodily Samples) Amendment Bill, the Domestic Violence (Enhancing Safety) Bill, and the Gangs and Organised Crime Bill.

(In the Committee)

Sentencing (Offender Levy) Amendment Bill

Part 1 read.

Jo Goodhew moved, That the question be now put. The Chairperson declined the motion.

Todd McClay moved, That the question be now put. The Chairperson declined the motion.

Hon Phil Heatley moved, That the question be now put. The Chairperson declined the motion.

Resolved, That the question be now put (Chester Borrows).

The following amendment was put:

Amendment set out on Supplementary Order Paper No 67 (Hon Simon Power).

Resolved, That the amendment be agreed to.

Resolved, That Part 1, as amended, stand part.

Part 2 read.

Resolved, That Part 2 stand part.

Schedule read.

The following amendment was put:

Amendment set out on Supplementary Order Paper No 67 (Hon Simon Power).

Resolved, That the amendment be agreed to.

Resolved, That the Schedule, as amended, stand part.

Clauses 1 to 3 read.

Simon Bridges moved, That the question be now put. The Chairperson declined the motion.

Kanwaljit Singh Bakshi 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 69 New Zealand National 58; ACT New Zealand 5; Māori Party 5; United Future 1
Noes 52 New Zealand Labour 43; Green Party 8; Progressive 1

Resolved, That the question be now put.

On the question, That clause 1 stand part, the votes were recorded as follows:

Ayes 113 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Māori Party 5; Progressive 1; United Future 1
Noes 8 Green Party 8

Resolved, That clause 1 stand part.

On the question, That clause 2 stand part, the votes were recorded as follows:

Ayes 113 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Māori Party 5; Progressive 1; United Future 1
Noes 8 Green Party 8

Resolved, That clause 2 stand part.

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

Ayes 113 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Māori Party 5; Progressive 1; United Future 1
Noes 8 Green Party 8

Resolved, That clause 3 stand part.

The Chairperson announced that the bill would be reported with amendment presently.

Criminal Investigations (Bodily Samples) Amendment Bill

Part 1 read.

Dr Cam Calder moved, That the question be now put. The Chairperson declined the motion.

The following amendments were put:

Clause 7, new section 24J:

To add the following subsection:

(1A)A constable may only require a bodily sample to be given in accordance with a suspect compulsion order.

(Charles Chauvel)

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

Ayes 57 New Zealand Labour 43; Green Party 8; ACT New Zealand 5; Progressive 1
Noes 63 New Zealand National 58; ACT New Zealand 4; United Future 1

Result altered by leave after originally being announced as Ayes 57, Noes 64.

Amendment not agreed to.

Clause 7, new section 24K:

To add the following subsection:

(2A)A constable may require a bodily sample to be given only in accordance with a juvenile compulsion order .

(Charles Chauvel)

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

Ayes 57 New Zealand Labour 43; Green Party 8; ACT New Zealand 5; Progressive 1
Noes 63 New Zealand National 58; ACT New Zealand 4; United Future 1

Result altered by leave after originally being announced as Ayes 57, Noes 64.

Amendment not agreed to.

Clause 7:

To omit new section 24L (Charles Chauvel).

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

Ayes 57 New Zealand Labour 43; Green Party 8; ACT New Zealand 5; Progressive 1
Noes 63 New Zealand National 58; ACT New Zealand 4; United Future 1

Amendment not agreed to.

On the question, That Part 1 stand part, the votes were recorded as follows:

Ayes 107 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 4; Progressive 1; United Future 1
Noes 13 Green Party 8; Māori Party 5

Resolved, That Part 1 stand part.

Resolved, That progress be reported (Hon Gerry Brownlee).

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported the Sentencing (Offender Levy) Amendment Bill with amendment.

The Chairperson reported progress on the Criminal Investigations (Bodily Samples) Amendment Bill.

The Chairperson reported no progress on the Domestic Violence (Enhancing Safety) Bill and the Gangs and Organised Crime Bill.

The report was adopted and the Sentencing (Offender Levy) Amendment Bill was set down for third reading next sitting day.

The Criminal Investigations (Bodily Samples) Amendment Bill was set down for further consideration in Committee next sitting day.

The Domestic Violence (Enhancing Safety) Bill and the Gangs and Organised Crime Bill were set down for consideration in Committee next sitting day.

8. Adjournment

At 9.50 pm the House adjourned.