Hansard and Journals

Journals of the House

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18 May 2010
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Journals of the House for the week beginning Tuesday, 18 May 2010

Tuesday, 18 May 2010

Wednesday, 19 May 2010

Thursday, 20 May 2010

Tuesday, 18 May 2010

The House met at 2.00 pm.

Prayers

1. Government motion

Recent death of Corrections Officer Jason Palmer

Resolved, That this House express its deep sympathy and condolences to the wife, family, friends, and colleagues of Spring Hill Corrections Officer Jason Palmer, who died on Sunday as a result of an assault by a prisoner (Hon Judith Collins).

2. Papers

Fourteen papers were 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 five reports was announced.

The Taxation (Annual Rates, Trans-Tasman Savings Portability, KiwiSaver, and Remedial Matters) Bill was set down for second reading.

The following reports were set down for consideration:

  • Report from the Controller and Auditor-General on Ministry of Justice: Supporting the management of court workloads
  • Report from the Controller and Auditor-General on Ministry of Social Development: Changes to the case management of sickness and invalids’ beneficiaries
  • Report on the Inquiry into the appointment of a Deputy Controller and Auditor-General
  • Report on the Inquiry into the appointment of auditors for the Office of the Ombudsmen and the Parliamentary Commissioner for the Environment

(see Related links for select committee reports).

4. Introduction of bills

The introduction of the Hamilton City Council (Parana Park) Land Vesting Bill was announced and the bill set down for first reading.

5. Questions for oral answer

Twelve questions to Ministers were answered.

6. Government orders of the day

Education Amendment Bill

The House resumed the interrupted debate on the question, That the Education 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 113 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Māori Party 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Motion agreed to.

The Education Amendment Bill was read a third time.

Electoral (Administration) Amendment Bill and Sentencing and Parole Reform Bill

The Speaker declared the House in Committee for consideration of the Electoral (Administration) Amendment Bill and the Sentencing and Parole Reform Bill.

(In the Committee)

Electoral (Administration) Amendment Bill

Part 1 read.

Resolved, That Part 1 stand part.

Part 2 read.

Resolved, That Part 2 stand part.

Schedule 1 read.

Resolved, That Schedule 1 stand part.

Schedule 2 read.

Resolved, That Schedule 2 stand part.

Schedule 3 read.

Resolved, That Schedule 3 stand part.

Schedule 4 read.

Resolved, That Schedule 4 stand part.

Clauses 1 to 3 read.

Resolved, That clause 1 stand part.

Resolved, That clause 2 stand part.

Resolved, That clause 3 stand part.

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

Sentencing and Parole Reform Bill

Clause 3 read.

Resolved, That the question be now put (Jo Goodhew).

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

Ayes 63 New Zealand National 58; ACT New Zealand 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

Resolved, That clause 3 stand part.

Part 1 read.

Sandra Goudie 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.

Chris Tremain 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 58 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1

Resolved, That the question be now put.

The following amendments were put:

Clause 5, new section 86A(19):

To insert “excluding accidental or negligent manslaughters” after “(manslaughter)” (Hon Clayton Cosgrove).

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

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

Amendment not agreed to.

Clause 5, new section 86A:

To insert in the definitions of stage-1 offence, stage-2 offence, and stage-3 offence “resulting in a custodial sentence” after “(a) is a serious violent offence” (Hon Clayton Cosgrove).

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

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

Amendment not agreed to.

Clause 5, new section 86C(4)(a):

To insert “unless the Court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to make the order” after “serve the sentence without parole” (Hon Clayton Cosgrove).

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

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

Amendment not agreed to.

Clause 5, new section 86D(2):

To add “unless the Court is satisfied that, given the circumstances of the offence and the offender, it would be manifestly unjust to make the order”(Hon Clayton Cosgrove).

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

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

Amendment not agreed to.

Clause 5, new section 86D:

To insert the following new subsection after subsection (2):

“(2A)Despite subsection (2), this section allows the court to reduce the sentence imposed by up to 25 percent to take into account the fact of a guilty plea.”

(Hon Clayton Cosgrove)

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

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

Amendment not agreed to.

Minister’s amendments set out on Supplementary Order Paper No 123 (Hon Judith Collins).

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

Ayes 63 New Zealand National 58; ACT New Zealand 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

Amendments agreed to.

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

Ayes 63 New Zealand National 58; ACT New Zealand 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

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

Part 2 read.

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

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

Sandra Goudie 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 58 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1

Resolved, That the question be now put.

Minister’s amendment set out on Supplementary Order Paper No 123 (Hon Judith Collins).

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

Ayes 63 New Zealand National 58; ACT New Zealand 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

Amendment agreed to.

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

Ayes 63 New Zealand National 58; ACT New Zealand 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

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

Schedule read.

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

Ayes 63 New Zealand National 58; ACT New Zealand 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

Resolved, That the Schedule stand part.

Clauses 1 and 2 read.

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

Chris Tremain 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 58 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1

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 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

Resolved, That clause 1 stand part.

Clause 2:

The following amendment was put:

Minister’s amendment set out on Supplementary Order Paper 123 (Hon Judith Collins).

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

Ayes 63 New Zealand National 58; ACT New Zealand 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

Amendment agreed to.

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

Ayes 63 New Zealand National 58; ACT New Zealand 5
Noes 59 New Zealand Labour 43; Green Party 9; Māori Party 5; Progressive 1; United Future 1

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

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

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported the Electoral (Administration) Amendment Bill without amendment.

The Chairperson also reported the Sentencing and Parole Reform Bill with amendment.

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

Commerce Commission (International Co-operation, and Fees) Bill

Hon Simon Power moved, and the question was proposed, That the Commerce Commission (International Co-operation, and Fees) Bill be now read a first time.

7. Adjournment

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

Wednesday, 19 May 2010

The House met at 2.00 pm.

Prayers

1. Business of select committees

By leave, agreed that the time by which the Commerce Committee must report the Financial Service Providers (Pre-Implementation Adjustments) Bill be extended from 24 May 2010 to 14 June 2010.

2. Papers

Ten 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. General debate

Craig Foss moved, and the question was proposed, That the House take note of miscellaneous business.

The motion lapsed.

5. Government orders of the day

Courts and Criminal Matters Bill

Hon Georgina te Heuheu moved, and the question was proposed, That the Courts and Criminal 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 113 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Māori Party 5; Progressive 1; United Future 1
Noes 9 Green Party 9

Motion agreed to.

The Courts and Criminal Matters Bill was read a first time and stood referred to a select committee.

Resolved, That the Law and Order Committee consider the Courts and Criminal Matters Bill (Hon Georgina te Heuheu).

Electoral (Administration) Amendment Bill

The Electoral (Administration) Amendment Bill was read a third time.

New Zealand Public Health and Disability Amendment Bill

The New Zealand Public Health and Disability Amendment Bill was read a first time and stood referred to a select committee.

Resolved, That the Health Committee consider the New Zealand Public Health and Disability Amendment Bill (Hon Tony Ryall).

Carter Observatory Act Repeal Bill

Hon Dr Wayne Mapp moved, and the question was proposed, That the Carter Observatory Act Repeal 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, 20 May 2010

The House met at 2.00 pm.

Prayers

1. Select committee reports

The presentation of one report was announced.

The report on the International treaty examination of the Convention on International Interests in Mobile Equipment and of the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment was set down for consideration (see Related links for select committee reports).

2. Introduction of bills

The Appropriation (2009/10 Supplementary Estimates) Bill was introduced and set down for first reading.

3. Papers—Supplementary Estimates

The Supplementary Estimates of Appropriations for the Government of New Zealand and Supporting Information for the Year ending 30 June 2010 were presented and announced as published under the authority of the House (see Related links for papers published under the authority of the House).

4. Budget

The Appropriation (2010/11 Estimates) Bill was introduced and set down for first reading presently.

5. Budget papers

The 2010/11 Budget papers were presented by the Minister of Finance and announced as published under the authority of the House (see Related links for papers published under the authority of the House).

6. Budget—continued

Appropriation (2010/11 Estimates) Bill

The Appropriation (2010/11 Estimates) Bill was read a first time and set down for second reading forthwith.

7. Budget Statement

Hon Bill English moved, and the question was proposed, That the Appropriation (2010/11 Estimates) Bill be now read a second time.

Hon Bill English delivered the Budget Statement.

8. Budget debate

Hon Phil Goff 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 National Government led by John Key which has blatantly broken its clear promise not to raise the Goods and Services Tax, has pushed up prices when working people have had their lowest wage rises in more than a decade, has failed to implement a plan for jobs, lacks any vision for a smart, high-skill, high-tech and high-wage economy, has cut services and assistance to the most needy in our community, and has rewarded the most wealthy at the expense of middle and low income New Zealanders.

Resolved, That this debate be now adjourned (Hon Gerry Brownlee).

The debate was set down for resumption next sitting day.

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

Resolved, That urgency be accorded the introduction and passing of the Taxation (Budget Measures) Bill.

10. Introduction and passing of Government bill

Taxation (Budget Measures) Bill

The Taxation (Budget Measures) Bill was introduced and set down for first reading forthwith.

Hon Peter Dunne for Hon Bill English moved, and the question was proposed, That the Taxation (Budget 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 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.

The Taxation (Budget Measures) Bill was read a first time and set down for second reading forthwith.

Hon Peter Dunne for Hon Bill English moved, and the question was proposed, That the Taxation (Budget Measures) Bill be now read a second time.

On the question, That the Taxation (Budget Measures) Bill 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 52 New Zealand Labour 43; Green Party 9

Result corrected after originally being announced as Ayes 67, Noes 53.

Motion agreed to.

The Taxation (Budget Measures) Bill was read a second time and set down for Committee stage forthwith.

The Speaker declared the House in Committee for consideration of the Taxation (Budget Measures) Bill.

(In the Committee)

Part 1 read.

The sitting was suspended between 10.00 pm and 9.00 am.

Friday, 21 May 2010

Part 1 read again.

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 66
New Zealand National 58; ACT New Zealand 4; Māori Party 3; United Future 1
Noes 50 New Zealand Labour 43; Green Party 7

Resolved, That the question be now put.

The following amendments were tabled:

Clause 45(1):

To omit “‘12.5’ is replaced by ‘15’” and substitute “the words ‘on or’ are omitted” (Hon David Cunliffe).

Clause 45(2):

To omit “2010” and substitute “2210”.

To omit “1 October 2010” and substitute “a date no less than 6 months after the return of the writs for the first general election after 20 May 2010” (Hon David Cunliffe).

Amendments ruled out of order as the Government had exercised its financial veto.

The following amendment was put:

Cross-heading above clause 44:

To omit “to Goods and Services Tax Act 1985” and substitute “designed to increase Goods and Services Tax”.

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

Ayes 50 New Zealand Labour 43; Green Party 7
Noes 66 New Zealand National 58; ACT New Zealand 4; Māori Party 3; United Future 1

Amendment not agreed to.

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

Ayes 66 New Zealand National 58; ACT New Zealand 4; Māori Party 3; United Future 1
Noes 50 New Zealand Labour 43; Green Party 7

Resolved, That Part 1 stand part.

Part 2 read.

Colin King 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 50 New Zealand Labour 43; Green Party 7

Resolved, That the question be now put.

On the question, That Part 2 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 50 New Zealand Labour 43; Green Party 7

Resolved, That Part 2 stand part.

Part 3 read.

On the question, That Part 3 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 50 New Zealand Labour 43; Green Party 7

Resolved, That Part 3 stand part.

Clauses 1 and 2 read.

On the question, That clause 1 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 51 New Zealand Labour 43; Green Party 8

Resolved, That clause 1 stand part.

On the question, That clause 2 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 51 New Zealand Labour 43; Green Party 8

Resolved, That clause 2 stand part.

Resolved, That the bill be divided into six bills as set out on Supplementary Order Paper No 124 (Hon Peter Dunne for Hon Bill English).

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

Reporting of bill

The Speaker resumed the Chair, and the Chairperson reported the Taxation (Budget Measures) Bill without amendment and divided into the following bills:

  • Taxation (Budget Measures) Bill
  • Government Superannuation Fund Amendment Act 1969 Amendment Bill
  • National Provident Fund Restructuring Amendment Bill
  • Social Security Amendment Bill
  • War Pensions Amendment Bill (No 2)
  • New Zealand Superannuation and Retirement Income Amendment Bill (No 2).

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

11. Correction of vote

The Speaker corrected the vote on the second reading of the Taxation (Budget Measures) Bill. The correct result is Ayes 67, Noes 52.

12. Passing of Government bills—continued

Taxation (Budget Measures) Bill, Government Superannuation Fund Amendment Act 1969 Amendment Bill, National Provident Fund Restructuring Amendment Bill, Social Security Amendment Bill, War Pensions Amendment Bill (No 2), and New Zealand Superannuation and Retirement Income Amendment Bill (No 2)

Hon Peter Dunne for Hon Bill English moved, and the question was proposed, That the Taxation (Budget Measures) Bill, the Government Superannuation Fund Amendment Act 1969 Amendment Bill, the National Provident Fund Restructuring Amendment Bill, the Social Security Amendment Bill, the War Pensions Amendment Bill (No 2), and the New Zealand Superannuation and Retirement Income Amendment Bill (No 2) be now read a third time.

On the question, That the bills 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 51 New Zealand Labour 43; Green Party 8

Motion agreed to.

The Taxation (Budget Measures) Bill, the Government Superannuation Fund Amendment Act 1969 Amendment Bill, the National Provident Fund Restructuring Amendment Bill, the Social Security Amendment Bill, the War Pensions Amendment Bill (No 2), and the New Zealand Superannuation and Retirement Income Amendment Bill (No 2) were read a third time.

13. Adjournment

At 4.11 pm on Friday, 21 May 2010 the House adjourned.