Hansard and Journals

Journals of the House

Journals of the House for the week beginning Tuesday, 21 June 2011

Tuesday, 21 June 2011

The House met at 2.00 pm.

Prayers

1 Introduction of distinguished visitor

The Speaker informed the House that Rt Hon Sir Kamuta Latasi, Speaker of the Parliament of Tuvalu, was within the precincts of the Chamber.

The Speaker was welcomed with applause and accorded a seat on the left of the Chair.

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 one report was announced.

The Taxation (Tax Administration and Remedial Matters) Bill was set down for second reading (see Related links for select committee reports).

4 Questions for oral answer

Twelve questions to Ministers were answered.

5 Imprest Supply Bill

The Imprest Supply (First for 2011/12) Bill was introduced.

Hon Bill English moved, That the Imprest Supply (First for 2011/12) 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 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 52

New Zealand Labour 42; Green Party 9; Progressive 1

Motion agreed to.

The Imprest Supply (First for 2011/12) Bill was read a first time and set down for second reading forthwith.

6 Government orders of the day

Appropriation (2010/11 Supplementary Estimates) Bill and Imprest Supply (First for 2011/12) Bill

Hon Bill English moved, and the question was proposed, That the Appropriation (2010/11 Supplementary Estimates) Bill and the Imprest Supply (First for 2011/12) Bill be now read a second time.

Hon David Cunliffe moved, and the question was proposed on, the following amendment:

That the words after “That” be omitted and the following substituted:

this House has no confidence in the Government, because of the current National Government’s failure to create jobs, its lack of a credible plan for economic growth, the wildly diverging revenue forecasts, the unspecified and unmandated Budget cuts, and the broken promises on privatising State assets.

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

Ayes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Noes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Amendment not agreed to.

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

Ayes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Motion agreed to.

The Appropriation (2010/11 Supplementary Estimates) Bill and the Imprest Supply (First for 2011/12) Bill were read a second time.

The Appropriation (2010/11 Supplementary Estimates) Bill was set down for Committee stage forthwith.

The Imprest Supply (First for 2011/12) Bill was set down for third reading presently.

Appropriation (2010/11 Supplementary Estimates) Bill

The Speaker declared the House in Committee for consideration of the Appropriation (2010/11 Supplementary Estimates) Bill.

(In the Committee)

The following amendments were put:

Clause 5(1):

Amendment set out on Supplementary Order Paper No 246 (Hon Bill English).

Resolved, That the amendment be agreed to.

Resolved, That clause 5(1), as amended, stand part.

Schedule 1:

Amendment set out on Supplementary Order Paper No 246 (Hon Bill English).

Resolved, That the amendment be agreed to.

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

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

Reporting and passing of bill

The Speaker resumed the Chair, and the Chairperson reported the Appropriation (2010/11 Supplementary Estimates) Bill with amendment.

The report was adopted and the bill set down for third reading forthwith.

Hon Bill English moved, That the Appropriation (2010/11 Supplementary Estimates) 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 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Motion agreed to.

The Appropriation (2010/11 Supplementary Estimates) Bill was read a third time.

Imprest Supply (First for 2011/12) Bill

Hon Bill English moved, That the Imprest Supply (First for 2011/12) 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 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Motion agreed to.

The Imprest Supply (First for 2011/12) Bill was read a third time.

Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill

The Speaker declared the House in Committee for further consideration of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill.

(In the Committee)

Part 2 read.

Aaron Gilmore moved, That the question be now put. The Chairperson declined the motion.

Michael Woodhouse moved, That the question be now put.

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

Ayes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Resolved, That the question be now put.

The following amendments were put:

Clause 24: new section 156AD(2):

To omit this subsection and substitute the following subsection:

“(2) The undertaking must—

“(a) be executed by the service provider LFC; and

“(ab) provide for the LFC to supply unbundled layer 1 services on all parts of its fibre-to-the-premises access network from the outset; and

“(b) provide for the LFC to—

“(i) achieve non-discrimination in relation to the supply of relevant services; and

“(ii) design and build the LFC fibre network in a way that enables equivalence in relation to the supply of unbundled layer 1 services to be achieved from the outset; and

“(iii)achieve equivalence in relation to the supply of unbundled layer 1 services from the outset.

(Claire Curran)

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

Ayes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Noes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Amendment not agreed to.

Clause 24: new section 156AD(3):

To add the following paragraph:

“(c)specify that the Crown alone bear the costs (including, but not limited to, any additional deferred repayments to the Crown) of any significant changes made to prices or other key features UFB initiative.

(Claire Curran)

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

Ayes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Noes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Amendment not agreed to.

Amendments set out on Supplementary Order Paper No 247 (Hon Steven Joyce).

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

Ayes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Resolved, That the amendments be agreed to.

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

Ayes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

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

Schedule 1 read.

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

Ayes 65

New Zealand National 58; ACT New Zealand 3 (Boscawen, Calvert, Hide); Māori Party 3; United Future 1

Noes 55

New Zealand Labour 42; Green Party 9; ACT New Zealand 2 (Douglas, Roy H); Progressive 1; Independent: Carter C

Resolved, That Schedule 1 stand part.

Schedule 2 read.

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

Ayes 65

New Zealand National 58; ACT New Zealand 3 (Boscawen, Calvert, Hide); Māori Party 3; United Future 1

Noes 55

New Zealand Labour 42; Green Party 9; ACT New Zealand 2 (Douglas, Roy H); Progressive 1; Independent: Carter C

Resolved, That Schedule 2 stand part.

Schedule 2A read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 247 (Hon Steven Joyce).

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

Ayes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Resolved, That the amendments be agreed to.

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

Ayes 65

New Zealand National 58; ACT New Zealand 3 (Boscawen, Calvert, Hide); Māori Party 3; United Future 1

Noes 55

New Zealand Labour 42; Green Party 9; ACT New Zealand 2 (Douglas, Roy H); Progressive 1; Independent: Carter C

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

Schedule 3 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 247 (Hon Steven Joyce).

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

Ayes 67

New Zealand National 58; ACT New Zealand 5; Māori Party 3; United Future 1

Noes 53

New Zealand Labour 42; Green Party 9; Progressive 1; Independent: Carter C

Resolved, That the amendments be agreed to.

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

Ayes 65

New Zealand National 58; ACT New Zealand 3 (Boscawen, Calvert, Hide); Māori Party 3; United Future 1

Noes 55

New Zealand Labour 42; Green Party 9; ACT New Zealand 2 (Douglas, Roy H); Progressive 1; Independent: Carter C

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

At 9.58 pm the Chairperson left the Chair to report progress.

Reporting of bill

The Speaker resumed the Chair, and the Chairperson reported progress on the Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill.

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

7 Adjournment

At 10.00 pm the House adjourned.

Wednesday, 22 June 2011

The House met at 2.00 pm.

Prayers

1 Introduction of distinguished visitors

The Speaker informed the House that a parliamentary delegation from the Legislative Assembly of Queensland led by Kerry Shine MP, Chairperson of the Industry, Education, Training and Industrial Relations Committee, was within the precincts of the Chamber.

The delegation was welcomed with applause.

2 Papers

One paper was announced as published under the authority of the House.

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

3 Questions for oral answer

Twelve questions to Ministers were answered.

4 General debate

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

The motion lapsed.

5 Government orders of the day

Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill and New Zealand Security Intelligence Service Amendment Bill

The Speaker declared the House in Committee for further consideration of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill and for consideration of the New Zealand Security Intelligence Service Amendment Bill.

(In the Committee)

Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill

Clauses 1 to 3 read.

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

Ayes 65

New Zealand National 58; ACT New Zealand 3 (Boscawen, Calvert, Hide); Māori Party 3; United Future 1

Noes 55

New Zealand Labour 42; Green Party 9; ACT New Zealand 2 (Douglas, Roy H); Progressive 1; Independent: Carter C

Resolved, That clause 1 stand part.

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

Ayes 65

New Zealand National 58; ACT New Zealand 3 (Boscawen, Calvert, Hide); Māori Party 3; United Future 1

Noes 55

New Zealand Labour 42; Green Party 9; ACT New Zealand 2 (Douglas, Roy H); Progressive 1; Independent: Carter C

Resolved, That clause 2 stand part.

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

Ayes 65

New Zealand National 58; ACT New Zealand 3 (Boscawen, Calvert, Hide); Māori Party 3; United Future 1

Noes 55

New Zealand Labour 42; Green Party 9; ACT New Zealand 2 (Douglas, Roy H); Progressive 1; Independent: Carter C

Resolved, That clause 3 stand part.

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

New Zealand Security Intelligence Service Amendment Bill

Part 1 read.

Sandra Goudie moved, That the question be now put. The Chairperson declined the motion.

Chris Auchinvole moved, That the question be now put. The Chairperson declined the motion.

Resolved, That the question be now put (Simon Bridges).

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

Ayes 110

New Zealand National 58; New Zealand Labour 42; ACT New Zealand 5; Māori Party 3; Progressive 1; United Future 1

Noes 10

Green Party 9; Independent: Carter C

Resolved, That Part 1 stand part.

Part 2 read.

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

Ayes 110

New Zealand National 58; New Zealand Labour 42; ACT New Zealand 5; Māori Party 3; Progressive 1; United Future 1

Noes 10

Green Party 9; Independent: Carter C

Resolved, That Part 2 stand part.

Schedule read.

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

Ayes 110

New Zealand National 58; New Zealand Labour 42; ACT New Zealand 5; Māori Party 3; Progressive 1; United Future 1

Noes 10

Green Party 9; Independent: Carter C

Resolved, That the Schedule stand part.

Clauses 1 and 2 read.

Resolved, That clause 1 stand part.

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

Ayes 109

New Zealand National 58; New Zealand Labour 42; ACT New Zealand 4; Māori Party 3; Progressive 1; United Future 1

Noes 10

Green Party 9; Independent: Carter C

Resolved, That clause 2 stand part.

Resolved, That the bill be divided into two bills as set out on Supplementary Order Paper No 248 (Hon Christopher Finlayson for Rt Hon John Key).

The Chairperson announced that the bill would be reported without amendment and divided into two bills.

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported the Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill with amendment.

The Chairperson also reported the New Zealand Security Intelligence Service Amendment Bill without amendment and divided into the following bills:

  • New Zealand Security Intelligence Service Amendment Bill
  • Crimes Amendment Bill (No 3).

The report was adopted and the Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill set down for third reading next sitting day.

The New Zealand Security Intelligence Service Amendment Bill and the Crimes Amendment Bill (No 3) were set down for third reading next sitting day.

Government motion—Dog Control (Perro de Presa Canario) Order 2010

Resolved, That pursuant to section 78B of the Dog Control Act 1996, this House approve the Dog Control (Perro de Presa Canario) Order 2010, made under section 78A of that Act (Hon Craig Foss for Hon Rodney Hide).

Television New Zealand Amendment Bill

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

(In the Committee)

Clauses 1 to 3 read again.

Jonathan Young moved, That the question be now put. The Chairperson declined the motion.

Jami-Lee Ross 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 58; ACT New Zealand 4; United Future 1

Noes 56

New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Independent: Carter C

Resolved, That the question be now put.

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

Ayes 63

New Zealand National 58; ACT New Zealand 4; United Future 1

Noes 55

New Zealand Labour 42; Green Party 9; Māori Party 3; Independent: Carter C

Resolved, That clause 1 stand part.

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

Ayes 63

New Zealand National 58; ACT New Zealand 4; United Future 1

Noes 56

New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Independent: Carter C

Resolved, That clause 2 stand part.

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

Ayes 63

New Zealand National 58; ACT New Zealand 4; United Future 1

Noes 56

New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Independent: Carter C

Resolved, That clause 3 stand part.

The Chairperson announced that the bill would be reported without amendment.

Reporting of bill

The Speaker resumed the Chair, and the Chairperson reported the Television New Zealand Amendment Bill without amendment.

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

Ayes 63

New Zealand National 58; ACT New Zealand 4; United Future 1

Noes 56

New Zealand Labour 42; Green Party 9; Māori Party 3; Progressive 1; Independent: Carter C

Motion agreed to.

The report was adopted and the Television New Zealand Amendment Bill set down for third reading next sitting day.

Government motion—suspension of Standing Order 299(1)

Hon Georgina te Heuheu moved a motion to suspend Standing Order 299(1).

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

Ayes 109

New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Māori Party 3; Progressive 1; United Future 1

Noes 10

Green Party 9; Independent: Carter C

Resolved, That Standing Order 299(1) be suspended to authorise the Committee of the whole House on the Courts and Criminal Matters Bill to consider and, if it thinks fit, adopt the amendments set out on Supplementary Order Paper No 202, as amended by Supplementary Order Paper No 244, to the following Acts that were not included in the Courts and Criminal Matters Bill as introduced—the Crimes Act 1961, the Criminal Proceeds (Recovery) Act 2009, the Disputes Tribunals Act 1988, the Misuse of Drugs Act 1975, the Misuse of Drugs Amendment Act 1978, and the Residential Tenancies Act 1986.

Smoke-free Environments (Controls and Enforcement) Amendment Bill

Hon Tariana Turia moved, and the question was proposed, That the Smoke-free Environments (Controls and Enforcement) Amendment Bill be now read a second 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, 23 June 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 Petitions

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

3 Papers

One paper was announced as published under the authority of the House.

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

4 Questions for oral answer

Twelve questions to Ministers were answered.

5 Government orders of the day

Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill

Hon Steven Joyce moved, and the question was proposed, That the Telecommunications (TSO, Broadband, and Other Matters) 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 65

New Zealand National 58; ACT New Zealand 3 (Boscawen, Calvert, Hide); Māori Party 3; United Future 1

Noes 52

New Zealand Labour 40; Green Party 8; ACT New Zealand 2 (Douglas, Roy H); Progressive 1; Independent: Carter C

Motion agreed to.

The Telecommunications (TSO, Broadband, and Other Matters) Amendment Bill was read a third time.

Government motion—appointment of Deputy Chair of Electoral Commission

Resolved, That, pursuant to section 4D of the Electoral Act 1993 and section 32 of the Crown Entities Act 2004, this House recommend His Excellency the Governor-General appoint Jane Christine Huria as a member and the Deputy Chair of the Electoral Commission for a term of four years (Hon Maurice Williamson for Hon Simon Power).

Government motion—appointment of Deputy Judicial Conduct Commissioner

Resolved, That, pursuant to section 8A(2) of the Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004, this House recommend His Excellency the Governor-General appoint Mr Alan Deans Ritchie of Wellington as the Deputy Judicial Conduct Commissioner for a term of five years from the date of appointment having noted that the Attorney-General advises this House, in accordance with section 8A(3) of the Act, that the Chief Justice has been consulted about the proposed appointment (Hon Steven Joyce for Hon Christopher Finlayson).

Smoke-free Environments (Controls and Enforcement) Amendment Bill

The House resumed the interrupted debate on the question, That the Smoke-free Environments (Controls and Enforcement) 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 113

New Zealand National 58; New Zealand Labour 40; Green Party 8; ACT New Zealand 1 (Boscawen); Māori Party 3; Progressive 1; United Future 1; Independent: Carter C

Noes 4

ACT New Zealand 4 (Calvert, Douglas, Hide, Roy H)

Motion agreed to.

The Smoke-free Environments (Controls and Enforcement) Amendment Bill was read a second time and set down for Committee stage next sitting day.

6 Adjournment

At 5.54 pm the House adjourned.