Friday, 29 October 2010
New clause 2A read again.
David Bennett 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.
Chris Tremain moved, That the question be now put.
On the question, That the question be now put, the votes were recorded as follows:
Resolved, That the question be now put.
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Clause 3 read.
Dr Cam Calder moved, That the question be now put.
On the question, That the question be now put, the votes were recorded as follows:
Resolved, That the question be now put.
On the question, That clause 3 stand part, the votes were recorded as follows:
Resolved, That clause 3 stand part.
Clause 4 read.
The following amendment was tabled:
To omit “excludes” from section 6(1)(d) and substitute “includes unless their employment agreement expressly provides otherwise” (Hon Trevor Mallard).
Amendment ruled out of order as being inconsistent with the principles and objects of the bill.
The following amendments were put:
Subclause (1):
To add the following paragraph to section 6(1):
“(e) paragraph (d) expires on the close of 8 November 2010.”
(Hon Trevor Mallard)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New subclause (5):
To add the following subclause:
(5) This section expires on the close of 8 November 2010.
(Hon Trevor Mallard)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Subclause (2):
To omit “an” from new subsection (1A) and substitute “a written”.
Subclause (3):
To omit from paragraph (a)(v) of the definition of film production work, “subparagraph (i)” and substitute “subparagraphs (i) to (iv)” (Hon Kate Wilkinson).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Resolved, That the amendments be agreed to.
On the question, That clause 4, as amended, stand part, the votes were recorded as follows:
Resolved, That clause 4, as amended, stand part.
The following amendment was proposed:
New clauses 5 to 9:
To add the following clauses:
5 Review of operation of Act and related matters
(1) The Employment Relations (Film Production Work) Law Review Committee must,—
(a) as soon as practicable after the commencement of this Act,—
(i) assess the number of persons working as film production workers in New Zealand and any prescribed matters relating to film production work; and
(ii) report on its findings to the Minister of Labour; and
(b) no sooner than the expiry of 3 years, but before the expiry of 5 years, after the commencement of this Act,—
(i) review the operation of this Act since its commencement; and
(ii) assess the impact of this Act on the number of persons working as film production workers in New Zealand and any prescribed matters relating to film production work; and
(iv) consider whether any amendments to this Act or any other law are necessary or desirable; and
(v) consider whether any further review or assessment of the matters set out in this paragraph is necessary or desirable; and
(vi) report on its findings to the Minister of Labour; and
(c) carry out any other review, assessment, and reporting required by regulations made under this Act.
(2) The Minister of Labour must present a copy of any report provided under this section to the House of Representatives as soon as practicable after receiving it.
6 Employment Relations (Film Production Work) Law Review Committee
(1) The Employment Relations (Film Production Work) Law Review Committee must consist of 11 members appointed by the Minister of Labour.
(2) The Minister of Labour must appoint—
(a) 2 persons nominated by the Minister of Labour; and
(b) 4 persons nominated by the New Zealand Council of Trade Unions (or, if there is no New Zealand Council of Trade Unions, by the union registered under Part 4 of the Employment Relations Act 2002 that the Minister of Labour considers represents the interests of the largest number of New Zealand workers); and
(c) 1 person nominated by the Minister of Women’s Affairs; and
(d) 1 person nominated by the Minister of Māori Affairs; and
(e) 1 person nominated by the Minister of Youth Affairs.
(3) The Minister of Labour may, on the recommendation of a member’s nominator, remove a member from office for inability to perform the member’s duties, misconduct by the member, or any other just cause proved to the satisfaction of the nominator.
(4) The member is not entitled to compensation or other payment relating to removal from office.
(5) The Employment Relations (Film Production Work) Law Review Committee ceases to exist on a date appointed by the Minister of Labour, by notice in the Gazette, that is after the date of its report to the Minister under section 42(1)(b)(vii).
7 Other provisions on appointment, removal, term, and resignation of members of Employment Relations (Film Production Work) Law Review Committee
(1) A member must be appointed or removed by written notice to the member and his or her nominator.
(2) A member holds office for a term stated in that notice of up to 5 years.
(3) A member whose term of office expires continues to hold office until he or she is reappointed or his or her successor is appointed.
(4) However, all members cease to hold office on the date on which the Employment Relations (Film Production Work) Law Review Committee ceases to exist.
(5) A person may be reappointed as a member.
(6) A member may resign by written notice to the Minister of Labour and his or her nominator.
(7) The powers of the Employment Relations (Film Production Work) Law Review Committee are not affected by any vacancy in its membership.
8 Remuneration of members of Employment Relations (Film Production Work) Law Review Committee
(1) A member is entitled to receive remuneration by way of fees, salary, or allowances and travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951 (and the provisions of that Act apply as if the Employment Relations (Film Production Work) Law Review Committee were a statutory Board under that Act).
(2) That remuneration must be paid out of the departmental bank account operated by the Department of Labour.
(3) This section does not apply to a person who is a member in his or her capacity as an employee of a department.
9 Procedure of Employment Relations (Film Production Work) Law Review Committee
The Employment Relations (Film Production Work) Law Review Committee may regulate its own procedure.
(Hon Trevor Mallard)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
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 Employment Relations (Film Production Work) Amendment Bill with amendment.
On the question, that the report be adopted, the votes were recorded as follows:
Motion agreed to.
The report was adopted and the bill set down for third reading forthwith.
Hon Kate Wilkinson moved, and the question was proposed, That the Employment Relations (Film Production Work) 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:
Motion agreed to.
The Employment Relations (Film Production Work) Amendment Bill was read a third time.
Summary Proceedings Amendment Bill (No 2)
The Summary Proceedings Amendment Bill (No 2) was introduced and set down for first reading forthwith.
Hon Kate Wilkinson for Hon Simon Power moved, and the question was proposed, That the Summary Proceedings Amendment Bill (No 2) be now read a first time.
On the question, That the bill be now read a first time, the votes were recorded as follows:
Motion agreed to.
The Summary Proceedings Amendment Bill (No 2) was read a first time and set down for second reading forthwith.
Hon Kate Wilkinson for Hon Simon Power moved, and the question was proposed, That the Summary Proceedings Amendment Bill (No 2) be now read a second time.
On the question, That the bill be now read a second time, the votes were recorded as follows:
Motion agreed to.
The Summary Proceedings Amendment Bill (No 2) was read a second time and set down for Committee stage forthwith.
The Speaker declared the House in Committee for consideration of the Summary Proceedings Amendment Bill (No 2).
(In the Committee)
Clauses 1 to 6 read.
On the question, That clauses 1 to 6 stand part, the votes were recorded as follows:
Resolved, That clauses 1 to 6 stand part.
The Chairperson announced that the bill would be reported without amendment.
Reporting and passing of bill
The Speaker resumed the Chair, and the Chairperson reported the Summary Proceedings Amendment Bill (No 2) without amendment.
The report was adopted and the bill set down for third reading forthwith.
Hon Kate Wilkinson for Hon Simon Power moved, and the question was proposed, That the Summary Proceedings Amendment Bill (No 2) be now read a third time.
On the question, That the bill be now read a third time, the votes were recorded as follows:
Motion agreed to.
The Summary Proceedings Amendment Bill (No 2) was read a third time.
10. Adjournment
At 2.35 pm on Friday, 29 October 2010 the House adjourned.
