Hansard and Journals

Journals of the House

Journals of the House for the week beginning Tuesday, 16 June 2009

Tuesday, 16 June 2009

The House met at 2.00 pm.

Prayers

1. Resignation of member

The Speaker advised the House that he had received a letter from Dr Richard Worth resigning his seat in the House with effect at 9.00 am on Tuesday, 16 June 2009.

2. Petitions

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

3. Papers

Two papers were 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. Select committee reports

The presentation of eight reports was announced.

The Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill was set down for second reading.

The following reports were set down for consideration:

  • Report from the Controller and Auditor-General on Performance audits from 2007: Follow-up report
  • Reserve Bank of New Zealand’s financial stability report, May 2009

(see Related links for select committee reports).

5. Questions for oral answer

Twelve questions to Ministers were answered.

6. Government orders of the day

Appropriation (2009/10 Estimates) Bill

The House resumed the interrupted debate on the question, That the Appropriation (2009/10 Estimates) Bill be now read a second time, and the amendment proposed thereto.

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

Ayes 51 New Zealand Labour 42; Green Party 9
Noes 68 New Zealand National 57; ACT New Zealand 5; Māori Party 5; United Future 1

Amendment not agreed to.

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

Ayes 68 New Zealand National 57; ACT New Zealand 5; Māori Party 5; United Future 1
Noes 51 New Zealand Labour 42; Green Party 9

Motion agreed to.

The Appropriation (2009/10 Estimates) Bill was read a second time and set down for Committee stage next sitting day.

Appropriation (2008/09 Supplementary Estimates) Bill

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

Land Transport Amendment Bill (No 4)

Hon Steven Joyce moved, and the question was proposed, That the Land Transport Amendment Bill (No 4) be now read a second time.

Resolved, That the amendments recommended by the Transport and Industrial Relations Committee by majority be agreed to.

The Land Transport Amendment Bill (No 4) was read a second time and set down for Committee stage next sitting day.

Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill

The House resumed the interrupted debate on the question, That the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill be now read a first time.

The Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill was read a first time and stood referred to a select committee.

Resolved, That the Māori Affairs Committee consider the Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill, that the committee report finally to the House on or before 30 September 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 Phil Heatley).

Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill

The Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill was read a second time and set down for Committee stage next sitting day.

7. Adjournment

At 9.53 pm the House adjourned.

Wednesday, 17 June 2009

The House met at 2.00 pm.

Prayers

1. 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, Campbell Gordon Calder had been declared to be elected a member of the House of Representatives in place of Richard Westwood Worth.

2. Member sworn

Campbell Gordon Calder presented himself at the bar of the House, was called forward to the Chair by the Speaker, took the Oath of Allegiance required by law, and took his seat in the House.

3. Petitions

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

4. Questions for oral answer

Twelve questions to Ministers were answered.

5. General debate

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

The motion lapsed.

6. Members’ orders of the day

Resource Management (Climate Protection) Amendment Bill

The House resumed the interrupted debate on the question, That the Resource Management (Climate Protection) 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 56 New Zealand Labour 42; Green Party 9; Māori Party 5
Noes 64 New Zealand National 58; ACT New Zealand 5; United Future 1

Motion not agreed to.

Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill

Brendon Burns moved, and the question was proposed, That the Sale of Liquor (Youth Alcohol Harm Reduction) Amendment Bill be now read a second time.

On the question, That the amendments recommended by the Law and Order Committee be agreed to, the votes were recorded as follows:

Ayes 58 New Zealand Labour 42; Green Party 9; ACT New Zealand 2 (Boscawen, Garrett); Māori Party 5
Noes 62 New Zealand National 58; ACT New Zealand 3 (Douglas, Hide, Roy H); United Future 1

Amendments not agreed to.

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

Ayes 58
Ardern J
Barker
Beaumont (P)
Boscawen
Bradford (P)
Burns
Carter C (P)
Chadwick
Chauvel
Choudhary (P)
Cosgrove (P)
Cunliffe (P)
Curran (P)
Dalziel
Davis
Delahunty
Fenton
Fitzsimons (P)
Flavell
Garrett
Goff (P)
Graham (P)
Hague (P)
Harawira
Hawkins
Hipkins
Hodgson
Horomia
Hughes (P)
Huo
Jones (P)
Katene
Kedgley
King A (P)
Laban
Lees-Galloway
Locke
Mackey
Mahuta
Mallard
Moroney (P)
Nash
Norman
O’Connor (P)
Parker (P)
Pillay (P)
Prasad
Ririnui (P)
Robertson G (P)
Robertson R
Sepuloni
Sharples
Sio
Street (P)
Turei (P)
Turia
Twyford (P)
Teller: Dyson
Noes 62
Adams
Ardern S (P)
Auchinvole
Bakshi
Bennett D
Bennett P (P)
Blue (P)
Borrows (P)
Bridges (P)
Brownlee (P)
Calder
Carter D
Carter J
Coleman
Collins (P)
Dean (P)
Douglas (P)
Dunne (P)
English (P)
Finlayson (P)
Foss (P)
Gilmore
Goudie (P)
Groser (P)
Guy (P)
Hayes (P)
Heatley
Henare (P)
Hide (P)
Hutchison (P)
Joyce (P)
Kaye (P)
Key (P)
King C
Lee (P)
Lotu-Iiga (P)
Macindoe
Mapp
McClay (P)
McCully (P)
Parata (P)
Peachey
Power (P)
Quinn
Roy E
Roy H
Ryall
Shanks (P)
Smith L (P)
Smith N (P)
te Heuheu (P)
Tisch
Tolley (P)
Tremain
Upston (P)
Wagner
Wilkinson (P)
Williamson (P)
Wong
Woodhouse
Young (P)
Teller:
Goodhew

Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill

The Public Works (Offer Back of and Compensation for Acquired Land) Amendment Bill was read a first time and stood referred to a select committee.

Resolved, That the Local Government and Environment Committee consider the bill (Te Ururoa Flavell).

Climate Change (Transport Funding) Bill

Jeanette Fitzsimons moved, and the question was proposed, That the Climate Change (Transport Funding) 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.

Thursday, 18 June 2009

The House met at 2.00 pm.

Prayers

1. Business statement

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

2. Select committee reports

The presentation of two reports was announced (see Schedule for select committee reports).

3. Introduction of bills

The introduction of the—

  • Climate Change Response (Emissions Trading Forestry Sector) Amendment Bill
  • Sustainable Biofuel Bill
  • Customs and Excise (Sustainable Forestry) Amendment Bill—

was announced and the bills were set down for first reading.

4. Questions for oral answer

Twelve questions to Ministers were answered.

One question to a member was answered.

5. Government orders of the day

Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill and Land Transport Amendment Bill (No 4)

The Speaker declared the House in Committee for consideration of the Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill and the Land Transport Amendment Bill (No 4).

(In the Committee)

Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill

Clauses 1 to 5 read.

Resolved, That clauses 1 to 5 stand part.

The Chairperson announced that the Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill would be reported without amendment, presently.

Land Transport Amendment Bill (No 4)

Clause 3A read.

Resolved, That clause 3A stand part.

Part 1 read.

The following amendments were put:

New clause 6A:

To insert the following clause after clause 6:

6AContravention of section 12

Section 58 is amended by repealing subsection (1) and substituting the following subsections:

“(1) A person commits an offence if the person drives or attempts to drive a motor vehicle on a road—

“(a) while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or

“(b)if the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.

“(1A) To avoid doubt, subsection (l)(b) does not limit subsection (l)(a).”

(Hon Steven Joyce)

New clause 7B:

To insert the following clause after clause 7A:

7BPerson in charge of motor vehicle causing injury or death

Section 61 is amended by repealing subsection (2) and substituting the following subsections:

“(2) A person commits an indictable offence if the person is in charge of a motor vehicle and causes bodily injury to, or the death of, a person—

“(a) while under the influence of drink or a drug, or both, to such an extent as to be incapable of having proper control of the vehicle; or

“(b) if the blood of the person in charge, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.

“(2A) To avoid doubt, subsection (2)(b) does not limit subsection (2)(a).”

(Hon Steven Joyce)

Clause 8:

To omit this clause and substitute the following clause:

8Causing injury or death in circumstances to which section 61 does not apply

(1) Section 62 is amended by repealing subsection (1) and substituting the following subsections:

“(1) A person commits an indictable offence if the person causes bodily injury to or the death of a person by carelessly driving a motor vehicle (in a manner that is not an offence against section 61)—

“(a) while under the influence of drink or a drug, or both; or

“(b) if the blood of the person driving, as ascertained from an analysis of a blood specimen subsequently taken under section 73, contains evidence of the use of a controlled drug specified in Schedule 1 (except thalidomide) of the Misuse of Drugs Act 1975.

“(1A) To avoid doubt, subsection (1)(b) does not limit subsection (1)(a).

“(1B) A person commits an indictable offence if—

“(a) the person causes bodily injury to, or the death of, a person by driving or attempting to drive a motor vehicle; and

“(b)the person does not complete a compulsory impairment test in a manner satisfactory to an enforcement officer, who is trained to give the test, when required to do so by an enforcement ofiicer under section 71A; and

“(c) the person’s blood, as ascertained from an analysis of a blood specimen subsequently taken under section 72 or 73, contains evidence of the use of—

“(i) a controlled drug; or

“(ii) any prescription medicine.”

(2) Section 62(2) is amended by inserting “or (1A)” after “subsection (1), ”.

(Hon Steven Joyce)

Clause 10: new section 71A:

To add the following subsection:

“(5) An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.”

(Hon Steven Joyce)

Clause 11 (2): new section 72(1B) and (1C):

To insert the following subsections after new section 72(1A):

“(1B) Subsection (1)(e) applies regardless of whether the person has failed any breath screening tests under section 68 or evidential breath tests under section 69 and regardless of the outcome of any such tests.

“(1C) An enforcement officer may exercise the powers in subsections (1) and (2) in addition to any breath screening tests under section 68 or evidential breath tests under section 69.”

(Hon Steven Joyce)

Resolved, That the amendments be agreed to.

Clause 17:

Amendment set out on Supplementary Order Paper No 25 (Te Ururoa Flavell).

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

Ayes 14 Green Party 9; Māori Party 5
Noes 106 New Zealand National 58; New Zealand Labour 42; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Resolved, That Part 1, as amended, 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.

Clauses 1, 2, and 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 Land Transport Amendment Bill (No 4) would be reported with amendment.

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported the Parliamentary Service (Continuation of Interim Meaning of Funding for Parliamentary Purposes) Bill without amendment.

The Chairperson also reported the Land Transport Amendment Bill (No 4) with amendment.

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

ASEAN-Australia-New Zealand Free Trade Area Bill

Hon Christopher Finlayson for Hon Tim Groser moved, and the question was proposed, That the ASEAN-Australia-New Zealand Free Trade Area Bill be now read a second time.

6. Adjournment

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