Hansard and Journals

Journals of the House

Journals of the House for the week beginning Tuesday, 16 February 2010

 

 

Tuesday, 16 February 2010

The House met at 2.00 pm.

Prayers

1. Resignation of member

The Speaker advised the House that he had received a letter from Jeanette Fitzsimons resigning her seat in the House with effect at midnight on Thursday, 11 February 2010.

2. Return of member

The Speaker informed the House that he had been advised by the Chief Electoral Officer that, pursuant to section 137 of the Electoral Act 1993, Gareth Thomas Llewelyn Hughes had been declared to be elected a member of the House of Representatives in place of Jeanette Mary Fitzsimons.

3. Member sworn

Gareth Thomas Llewelyn Hughes presented himself at the bar of the House, was called forward to the Chair by the Speaker, took the Affirmation of Allegiance required by law, and took his seat in the House.

4. Introduction of distinguished visitor

The Speaker informed the House that Mr Rahul Gandhi MP, the inaugural Sir Edmund Hillary Fellow from the House of the People (Lok Sabha) of India, was within the precincts of the Chamber.

The member was welcomed with applause.

5. Petitions

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

6. Select committee reports

The presentation of 37 reports was announced.

The Injury Prevention, Rehabilitation, and Compensation Amendment Bill was set down for second reading.

The following reports were set down for consideration:

  • Briefing on the Tamil people in Sri Lanka
  • Investigation into the Copyright (New Technologies) Amendment Act 2008 Commencement Amendment Order (No 2) 2009 (SR 2009/51)

(see Related links for select committee reports).

7. Introduction of bills

The introduction of the Animal Welfare Amendment Bill was announced and the bill set down for first reading.

8. Questions for oral answer

Twelve questions to Ministers were answered.

9. Government orders of the day

Debate on Prime Minister’s statement

The House resumed the interrupted debate on the question, That this House express its confidence in the National-led Government and commend its programme for 2010 as set out in the Prime Minister’s Statement to Parliament.

Resolved, That this debate be now adjourned (Hon Steven Joyce).

The debate was set down for resumption next sitting day.

Financial Service Providers (Pre-Implementation Adjustments) Bill

The Financial Service Providers (Pre-Implementation Adjustments) Bill was read a first time and stood referred to a select committee.

Resolved, That the Commerce Committee consider the Financial Service Providers (Pre-Implementation Adjustments) Bill, that the committee report finally to the House on or before 4 May 2010, 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 Simon Power).

Unit Titles Bill

The House resumed the interrupted debate on the question, That the Unit Titles Bill be now read a second time.

The Unit Titles Bill was read a second time and set down for Committee stage next sitting day.

Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill

The Speaker declared the House in Committee for consideration of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill.

 

 

(In the Committee)

Part 1 read.

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 Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill.

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

10. Adjournment

At 9.55 pm the House adjourned.

 

 

Wednesday, 17 February 2010

The House met at 2.00 pm.

Prayers

1. Withdrawal of bill

The Speaker informed the House that he had received advice from the Wanganui District Council, the promoter of the bill, withdrawing the Wanganui District Council (Port and Harbour) Bill, pursuant to Standing Order 269. The bill was consequently discharged from further consideration by the House.

2. Business of the House

By leave, agreed that the following sessional orders be adopted:

That following the coming into force of this sessional order, where the member in whose name a Member’s bill stands postpones the order of the day for its first reading for a second or subsequent time, on the Members’ day on which the bill next becomes available for debate, it is set down for first reading after all other orders of the day for the first reading of Members’ bills (Standing Order 71 to be read accordingly).

That the number of orders of the day for the first readings of Members’ bills that may be before the House at any one time be increased from four to six (Standing Order 272(1) and (4) to be read accordingly).

3. Petitions

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

4. Select committee reports

The presentation of one report was announced.

The interim report on the Sentencing and Parole Reform Bill was set down for consideration (see Related links for select committee reports)

5. Questions for oral answer

Twelve questions to Ministers were answered.

Three questions to a member were also answered.

6. Government orders of the day

Debate on Prime Minister’s statement

The House resumed the interrupted debate on the question, That this House express its confidence in the National-led Government and commend its programme for 2010 as set out in the Prime Minister’s Statement to Parliament.

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 53 New Zealand Labour 43; Green Party 9; Progressive 1

Motion agreed to.

Resolved, That this House express its confidence in the National-led Government and commend its programme for 2010 as set out in the Prime Minister’s Statement to Parliament.

Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill and Judicial Matters Bill

The Speaker declared the House in Committee for further consideration of the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill, and for consideration of the Judicial Matters Bill.

 

 

(In the Committee)

Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill

Part 1 read again.

Tim Macindoe 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.

Dr Jackie Blue 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 amendment was put:

Clause 4:

To omit subclause (l)(a) and (b).

To omit from subclause (l)(c) “a child or”.

To omit subclause (2).

(Jacinda Ardern)

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.

The following amendment was tabled:

Clause 4A:

To insert the following subclauses as subclauses (2) to (4):

(2)Section 2(1) is amended by repealing the definition of young person and substituting the following definition:

“young person,—

“(a) in Parts 2 to 3A, means a boy or girl of or over the age of 14 years and under the age of 17 years:

“(b) in Parts 4 and 5 and sections 351 to 360, means a boy or girl of or over the age of 14 years and under the age of 17 years:

“(c) in every other provision, refers to a boy or girl to whom that provision applies by virtue of him or her being, or having been, a young person within the meaning of paragraph (a) or (b):

“(d) despite paragraphs (a) to (c), does not include a person who is or has been married or in a civil union.”

(3) Paragraph (a) of the definition of young person in section 2(1) is amended by omitting “17”, and substituting “18”.

(4)Paragraph (b) of the definition of young person in section 2(1) is amended by omitting “17”, and substituting “18”.

(Jacinda Ardern)

Amendment ruled out of order as 24 hours’ notice was not given for an amendment that may have an impact on the Government’s fiscal aggregates.

The following amendments were put:

Clause 5:

To insert the following subclause as subclause (2):

(2)Section 208 is amended by repealing paragraph (g) and substituting the following paragraph:

“(g) the principle that—

“(i) in the determination of measures for dealing with offending by children or young persons, consideration should be given to the interests and views of any victims of the offending (for example, by encouraging the victims to participate in the processes under this Part for dealing with offending); and

“(ii) any measures should have proper regard for the interests of any victims of the offending and the impact of the offending on them:”

(Lynne Pillay)

Amendment agreed to.

New clause 9A:

To insert, after clause 9, the following clause:

9A New section 269A inserted

The following section is inserted after section 269:

“269A Chief executive to ascertain whether victims wish to be informed of progress in implementing decisions, recommendations, and plans

“(1) This section applies to any action or steps to be taken or completed by the child or young person in respect of whom a family group conference was convened—

“(a) under any decision, recommendation, or plan made or formulated by the family group conference and to which agreement is obtained under section 263; and

“(b) by way of penalty or reparation for an offence.

“(2) The chief executive must take reasonable steps—

“(a) to ascertain whether the victim of the offence wishes to be notified of the child’s or young person’s progress in taking that action or completing those steps; and

“(b) if so, to ensure that the victim of the offence is notified from time to time of that progress.

“(3) The chief executive’s duty under subsection (2) must be performed by another person if that other person—

“(a) was nominated for the purpose by the family group conference; and

“(b) has agreed to perform that duty.”

(Lynne Pillay)

Amendment agreed to.

Clause 10:

To omit subclause (l)(b) and (c).

To omit subclauses (1A) and (1B).

To omit subclause (2A).

(Jacinda Ardern)

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 11:

To omit this clause.

(Jacinda Ardern)

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 13:

To omit this clause.

(Jacinda Ardern)

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.

Amendments set out on Supplementary Order Paper No 107 (Hon Paula Bennett).

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

Amendments 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.

At 9.55 pm the Chairperson left the Chair to report progress on the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill, and no progress on the Judicial Matters Bill.

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported progress on the Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill.

The Chairperson also reported no progress on the Judicial Matters Bill.

The report was adopted.

The Children, Young Persons, and Their Families (Youth Courts Jurisdiction and Orders) Amendment Bill was set down for further consideration in Committee next sitting day.

The Judicial Matters Bill was set down for consideration in Committee next sitting day.

7. Adjournment

At 9.55 pm the House adjourned.

 

 

Thursday, 18 February 2010

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. Business of the House

By leave, Agreed that there be a ballot for Members’ bills on Tuesday, 23 February 2010, and that those bills drawn from the ballot be set down for first reading on Wednesday, 24 February 2010.

3. 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).

4. Select committee reports

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

5. Questions for oral answer

Twelve questions to Ministers were answered.

6. Government orders of the day

Injury Prevention, Rehabilitation, and Compensation Amendment Bill

Hon Dr Nick Smith moved, and the question was proposed, That the Injury Prevention, Rehabilitation, and Compensation Amendment Bill be now read a second time.

On the question, That the amendments recommended by the Transport and Industrial Relations Committee by majority be agreed to, 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 3; Progressive 1

Resolved, That the amendments recommended by the Transport and Industrial Relations 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 64 New Zealand National 58; ACT New Zealand 5; United Future 1
Noes 56 New Zealand Labour 43; Green Party 9; Māori Party 3; Progressive 1

Motion agreed to.

The Injury Prevention, Rehabilitation, and Compensation Amendment Bill was read a second time and set down for Committee stage next sitting day.

Animal Welfare Amendment Bill

Hon David Carter moved, and the question was proposed, That the Animal Welfare Amendment Bill be now read a first time.

7. Adjournment

At 6.00 pm the Speaker interrupted the debate, set it down for resumption next sitting day, and left the Chair.