Hansard and Journals

Journals of the House

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15 December 2009
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Journals of the House for the week beginning Tuesday, 15 December 2009

Tuesday, 15 December 2009

The House met at 2.00 pm.

Prayers

1. Introduction of distinguished visitors

The Speaker informed the House that a parliamentary delegation from the Commonwealth Parliamentary Association branch of the Parliament of Canada, led by Mr Merv Tweed, Chair of the Canada–New Zealand Parliamentary Friendship Group, was within the precincts of the Chamber.

The delegation was welcomed with applause.

2. Petitions

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

3. Papers

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

4. Select committee reports

The presentation of 11 reports was announced.

The Motor Vehicle Sales Amendment Bill was set down for second reading.

The special report on the draft annual plan of the Controller and Auditor-General was set down for consideration (see Related links for select committee reports).

5. Introduction of bills

The introduction of the Securities Trustees and Statutory Supervisors Bill was announced and the bill set down for first reading.

6. Questions for oral answer

Twelve questions to Ministers were answered.

7. Government orders of the day

Appropriation (2008/09 Financial Review) Bill

The Appropriation (2008/09 Financial Review) Bill was read a first time and set down for second reading next sitting day.

Government motion—addition of premises to parliamentary precinct

Resolved, That, pursuant to section 25(1) of the Parliamentary Service Act 2000, this House add the following premises to the parliamentary precincts:

All that part of the mezzanine level of the buildings situated at 1 and 3 The Terrace, Wellington as comprised within Certificates of Title WN41C/804 and WN41C/805, having a net lettable area of 477.2 square metres as more particularly shown on the plan attached to the lease between AMP NZ Office 1 The Terrace Limited and the Parliamentary Corporation, dated 12 August 2009 (Hon Gerry Brownlee).

Government motion—appointment of auditor of Office of Controller and Auditor-General

Resolved, That, pursuant to section 38(1) of the Public Audit Act 2001, the House appoint CST Nexia as the independent auditor to audit the financial statements, accounts and other information of the Office of the Controller and Auditor-General for the financial years ending on 30 June 2010, 30 June 2011, and 30 June 2012, commencing with effect on 22 December 2009 (Hon Gerry Brownlee).

Education (Polytechnics) Amendment Bill

The Speaker declared the House in Committee for consideration of the Education (Polytechnics) Amendment Bill.

 

 

(In the Committee)

Part 1 read.

Louise Upston moved, That the question be now put. The Chairperson declined the motion.

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

Hon John Carter moved, That the question be now put. The Chairperson declined the motion.

Hon Tau Henare moved, That the question be now put. The Chairperson declined the motion.

Hon Phil Heatley moved, That the question be now put.

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

Resolved, That the question be now put.

The following amendments were put:

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1)The council of a designated polytechnic must comprise—

(a)3 members appointed by the Minister:

(b)2 members, being members of the polytechnic’s academic board, nominated by that board and appointed by the council:

(c)2 student members,—

(i)if membership of the polytechnic’s student association is compulsory, being persons appointed by the association in accordance with its constitution or rules:

(ii)if membership of the polytechnic’s students association is not compulsory, being persons elected by the students at the institution at an election conducted in accordance with statutes made by the council:

(d)the polytechnic’s chief executive:

(e)4 members, nominated by members of the community served by the polytechnic and appointed by the council.

To omit new section 222AC and substitute the following:

“222AC Matters to be considered when appointments made

(1)A council of a designated polytechnic must—

(a)include at least 3 Māori members, including a member nominated by the polytechnic’s academic board, a member appointed by the polytechnic’s students association (or via an election by students), and a member nominated by members of the community (in accordance with section 222AA):

(b)reflect, so far is possible, the ethnic and socio-economic diversity of the community it serves.

(2)The Minister—

(a)must have regard to subsection (1) when appointing members of the council of a designated polytechnic; and

(b)must appoint people who have sufficient governance experience to fulfil their individual duties as members of council and the functions, duties, and responsibilities of the council.

(3)It is expected that community members who nominate candidates will consult with relevant hapū and iwi.

(Te Ururoa Flavell)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1)The council of a designated polytechnic must comprise—

(a) 5 members appointed by a Minister being—

(i) 1 member of the polytechnic’s academic board:

(ii) 1 student member, appointed as follows:

(A) if membership of the polytechnic’s student association is compulsory, being a person appointed by the association in accordance with its constitution or rules:

(B) if membership of the polytechnic’s students association is not compulsory, being a person elected by the students at the institution at an election conducted in accordance with statutes made by the council:

(iii) 1 member, nominated by members of the community served by the polytechnic:

(iv) 1 member, nominated by members of the iwi served by the polytechnic:

(v) the polytechnic’s chief executive:

(b)6 members appointed by the council in accordance with its statutes.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1)The council of a designated polytechnic must comprise—

(a) 5 members appointed by a Minister, one of whom is a member of the polytechnic’s academic board:

(b)6 members elected in accordance with council statutes.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1)The council of a designated polytechnic must comprise—

(a) 5 members appointed by a Minister one of whom is a student member, appointed as follows:

(i) if membership of the polytechnic’s student association is compulsory, being a person appointed by the association in accordance with its constitution or rules:

(ii) if membership of the polytechnic’s students association is not compulsory, being a person elected by the students at the institution at an election conducted in accordance with statutes made by the council:

(b)6 members elected in accordance with council statutes.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1)The council of a designated polytechnic must comprise—

(a) 5 members appointed by a Minister, one of whom is the chief executive of the polytechnic:

(b)6 members elected in accordance with council statutes.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1)The council of a designated polytechnic must comprise—

(a) 5 members appointed by a Minister one of whom is a member nominated by members of the iwi served by the polytechnic:

(b)6 members elected in accordance with council statutes.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1) The council of a designated polytechnic must comprise—

(a) 5 members appointed by a Minister one of whom is a member nominated by members of the community served by the polytechnic:

(b)6 members elected in accordance with council statutes.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1)The council of a designated polytechnic must comprise—

(a) 5 members appointed by a Minister, one of whom is nominated by the Council of Trade Unions:

(b)6 members elected in accordance with council statutes.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit new section 222AA(1) and substitute the following:

(1)The council of a designated polytechnic must comprise—

(a) 5 members appointed by a Minister one of whom is nominated by members of regional industry:

(b)6 members elected in accordance with council statutes.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

To omit from section 222AA(1)(a) “4” and substitute “5”.

To omit from paragraph (b) “4” and substitute “6”.

(Hon Maryan Street)

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

Ayes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Clause 16:

Amendments set out on Supplementary Order Paper No 106 (Hon Anne Tolley).

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

Resolved, That the amendments be agreed to.

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

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

Part 2 read.

The following amendment was put:

Clause 19:

Amendment set out on Supplementary Order Paper No 106 (Hon Anne Tolley).

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

Resolved, That the amendment be agreed to.

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

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

Clauses 1 to 3 read.

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

Resolved, That clause 1 stand part.

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

Resolved, That clause 2 stand part.

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

Resolved, That clause 3 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 Education (Polytechnics) Amendment Bill with amendment.

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

Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

Motion agreed to.

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

Local Government (Auckland Law Reform) Bill

Hon Rodney Hide moved, and the question was proposed, That the Local Government (Auckland Law Reform) 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 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 57 New Zealand Labour 43; Green Party 9; Māori Party 4; Progressive 1

Motion agreed to.

The Local Government (Auckland Law Reform) Bill was read a first time and stood referred to a select committee.

Resolved, That the Auckland Governance Legislation Committee consider the Local Government (Auckland Law Reform) Bill, and that the committee report finally to the House on or before 4 May 2010 (Hon Paula Bennett for Hon Rodney Hide).

Electricity Industry Bill

Hon Gerry Brownlee moved, and the question was proposed, That the Electricity Industry 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 68 New Zealand National 58; ACT New Zealand 5; Māori Party 4; United Future 1
Noes 53 New Zealand Labour 43; Green Party 9; Progressive 1

Motion agreed to.

The Electricity Industry Bill was read a first time and stood referred to a select committee.

Resolved, That the Finance and Expenditure Committee consider the Electricity Industry Bill (Hon Gerry Brownlee).

8. Adjournment

At 9.58 pm the House adjourned.

 

 

Wednesday, 16 December 2009

The House met at 2.00 pm.

Prayers

1. Papers

Nine papers were announced as published under the authority of the House.

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

2. Select committee reports

The presentation of three reports was announced.

The Radio New Zealand Amendment Bill was set down for second reading (see Related links for select committee reports).

3. Introduction of bills

The introduction of the Resource Management (Requiring Authorities) Amendment Bill was announced and the bill set down for first reading.

4. Questions for oral answer

Twelve questions to Ministers were answered.

5. Government orders of the day

Education (Polytechnics) Amendment Bill

Hon Anne Tolley moved, and the question was proposed, That the Education (Polytechnics) 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 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 56 New Zealand Labour 43; Green Party 9; Māori Party 4

Motion agreed to.

The Education (Polytechnics) Amendment Bill was read a third time.

Government motion—sitting programme for 2010

Resolved, That the House do now adjourn until 2.00 pm on Tuesday, 9 February 2010, and that the sitting days in 2010 be as follows:

February 9, 10, 11, 16, 17, 18, 23, 24 and 25;

March 16, 17, 18, 23, 24, 25, 30 and 31;

April 1, 20, 21, 22, 27, 28 and 29;

May 4, 5, 6, 18, 19, 20, 25, 26 and 27;

June 1, 2, 3, 15, 16, 17, 22, 23, 24, 29 and 30;

July 1, 20, 21, 22, 27, 28 and 29;

August 3, 4, 5, 17, 18, 19, 24, 25 and 26;

September 7, 8, 9, 14, 15, 16, 21, 22 and 23;

October 12, 13, 14, 19, 20, 21, 26, 27 and 28;

November 9, 10, 11, 16, 17, 18, 23, 24 and 25;

December 7, 8, 9, 14, 15 and 16.

(Hon Bill English for Hon Gerry Brownlee)

6. Adjournment

At 6.09 pm the House adjourned.