Appointment of Assistant Speaker

By leave, agreed that H V Ross Robertson be appointed as Assistant Speaker from Tuesday, 5 April 2011 to Thursday, 7 April 2011.

Legal Services Bill, Financial Markets (Regulators and KiwiSaver) Bill and Securities Trustees and Statutory Supervisors Bill

The Speaker declared the House in Committee for further consideration of the Legal Services Bill and for consideration of the Financial Markets (Regulators and KiwiSaver) Bill and the Securities Trustees and Statutory Supervisors Bill.

 

 

(In the Committee)

Legal Services Bill

Part 3 read again.

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

Ayes 110	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1
Noes 9	Green Party 9

Resolved, That Part 3 stand part.

Part 4 read.

On the question, That Part 4 stand part, the votes were recorded as follows:

Ayes 110	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1;
Noes 11	Green Party 9; Independents: Carter C, Harawira

Resolved, That Part 4 stand part.

Schedule 1 read.

The following amendment was put:

Amendment set out on Supplementary Order Paper No 208 (Rahui Katene).

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

Ayes 49	New Zealand Labour 41; Green Party 1; Māori Party 4; Progressive 1; Independents: Carter C, Harawira
Noes 64	New Zealand National 58; ACT New Zealand 5; United Future 1

Amendment not agreed to.

Result corrected by Speaker after originally being announced as Ayes 48, Noes 64.

Resolved, That Schedule 1 stand part.

Schedule 2 read.

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

Ayes 106	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Progressive 1; United Future 1
Noes 15	Green Party 9; Māori Party 4; Independents: Carter C, Harawira

Resolved, That Schedule 2 stand part.

Schedule 3 read.

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

Ayes 106	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Progressive 1; United Future 1
Noes 15	Green Party 9; Māori Party 4; Independents: Carter C, Harawira

Resolved, That Schedule 3 stand part.

Schedule 4 read.

On the question, That Schedule 4 stand part, the votes were recorded as follows:

Ayes 106	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Progressive 1; United Future 1
Noes 15	Green Party 9; Māori Party 4; Independents: Carter C, Harawira

Resolved, That Schedule 4 stand part.

Clauses 1 and 2 read.

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

Ayes 106	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Progressive 1; United Future 1
Noes 15	Green Party 9; Māori Party 4; Independents: Carter C, Harawira

Resolved, That clause 1 stand part.

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

Ayes 106	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Progressive 1; United Future 1
Noes 15	Green Party 9; Māori Party 4; Independents: Carter C, Harawira

Resolved, That clause 2 stand part.

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

Financial Markets (Regulators and KiwiSaver) Bill

Part 1 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

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

Part 2 read.

The following amendment was put:

New clause 9A:

To insert the following clause after clause 9:

9A Principles to bind all financial markets participants

The FMA will an overriding power to enforce the following principles which will be binding on financial market participants:

(a)integrity: a firm must conduct its business with integrity:

(b) skill, care and diligence: a firm must conduct its business with due skill, care and diligence:

(c) management and control: a firm must take reasonable care to organise and control its affairs responsibility and effectively with adequate risk management systems:

(d) financial prudence: a firm must maintain adequate financial resources:

(e) market conduct: a firm must observe proper standards of market conduct:

(f) customers’ interests: a firm must pay due regard to the interests of its customers and treat them fairly:

(g) communications with customers: a firm must pay due regard to the information needs of its customers, and communicate information to them in a way which is clear, fair and not misleading:

(h) conflicts of interest: a firm must manage conflicts of interest fairly, both between itself and its customers, and between one customer and another:

(i) customers, relationships of trust: a firm must take reasonable care to ensure the suitability of its advice and discretionary decisions for any customer who is entitled to rely upon its judgment:

(j) customers’ assets: a firm must arrange adequate protection for customers’ assets when it is responsible for them:

(k) relations with regulators: a firm must deal with its regulators in an open and cooperative way, and must tell the FMA promptly anything relating to the firm of which the FMA would reasonably expect prompt notice.

(Hon Lianne Dalziel)

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

Ayes 54	New Zealand Labour 42; Green Party 9; Progressive 1; Independents: Carter C, Harawira
Noes 68	New Zealand National 58; ACT New Zealand 5; Māori Party 4; United Future 1

Amendment not agreed to.

Resolved, That Part 2 stand part.

Part 3 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Part 3, as amended, stand part.

Part 4 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Part 4, as amended, stand part.

Part 5 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Part 5, as amended, stand part.

Part 6 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Part 6, as amended, stand part.

Part 7 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Part 7, as amended, stand part.

Part 8 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Part 8, as amended, stand part.

Schedule 1 read.

Resolved, That Schedule 1 stand part.

Schedule 2 read.

Resolved, That Schedule 2 stand part.

Schedule 3 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Schedule 3, as amended, stand part.

Schedule 4 read.

Resolved, That Schedule 4 stand part.

Schedule 6 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That Schedule 6, as amended, stand part.

Schedule 7 read.

Resolved, That Schedule 7 stand part.

Clauses 1 and 2 read.

Resolved, That clause 1 stand part.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 222 (Hon Simon Power).

Resolved, That the amendments be agreed to.

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

The following motion was put:

Motion to divide the bill as set out on Supplementary Order Paper No 221 (Hon Simon Power).

Resolved, That the bill be divided into five bills as set out on Supplementary Order Paper No 221 (Hon Simon Power).

The Chairperson announced that the bill would be reported with amendment and divided into five bills presently.

Securities Trustees and Statutory Supervisors Bill

Part 1 read.

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

Resolved, That the question be now put (Michael Woodhouse).

The following amendments were put:

Amendments set out on Supplementary Order Paper No 223 (Hon Simon Power).

Resolved, That the amendments be agreed to.

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

Part 2 read.

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

Resolved, That the question be now put (Michael Woodhouse).

The following amendments were put:

Amendments set out on Supplementary Order Paper No 223 (Hon Simon Power).

Resolved, That the amendments be agreed to.

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

Part 3 read.

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

Michael Woodhouse moved, That the question be now put. The Chairperson declined the motion.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 223 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Part 3, as amended, stand part.

Part 4 read.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 223 (Hon Simon Power).

Resolved, That the amendments be agreed to.

Resolved, That Part 4, as amended, stand part.

Clauses 1 and 2 read.

Resolved, That clause 1 stand part.

The following amendments were put:

Amendments set out on Supplementary Order Paper No 223 (Hon Simon Power).

Resolved, That the amendments be agreed to.

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 Legal Services Bill without amendment, the Financial Markets (Regulators and KiwiSaver) Bill with amendment and divided into the following bills:

• Financial Markets Authority Bill
• Securities Amendment Bill (No 3)
• Securities Markets Amendment Bill (No 2)
• KiwiSaver Amendment Bill
• Financial Advisers Amendment Bill (No 3)

and the Securities Trustees and Statutory Supervisors Bill with amendment.

The report was adopted and the Legal Services Bill, the Financial Markets Authority Bill, the Securities Amendment Bill (No 3), the Securities Markets Amendment Bill (No 2), the KiwiSaver Amendment Bill, the Financial Advisers Amendment Bill (No 3), and the Securities Trustees and Statutory Supervisors Bill were set down for third reading next sitting day.

Airports (Cost Recovery for Processing of International Travellers) Bill

The Airports (Cost Recovery for Processing of International Travellers) Bill was read a second time and set down for committee stage next sitting day.

Legal Services Bill

Hon Simon Power moved, and the question was proposed, That the Legal Services 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 106	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Progressive 1; United Future 1
Noes 14	Green Party 9; Māori Party 4; Independent: Carter C

Motion agreed to.

The Legal Services Bill was read a third time.

Land Transport (Road Safety and Other Matters) Amendment Bill

Hon Steven Joyce moved, and the question was proposed, That the Land Transport (Road Safety and Other Matters) Amendment Bill be now read a second time.

The debate was interrupted.

Land Transport (Road Safety and Other Matters) Amendment Bill

The House resumed the interrupted debate on the question, That the Land Transport (Road Safety and Other Matters) 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 116	New Zealand National 58; New Zealand Labour 41; Green Party 9; ACT New Zealand 5; Progressive 1; United Future 1; Independent: Carter C
Noes 4	Māori Party 4

Motion agreed to.

The Land Transport (Road Safety and Other Matters) Amendment Bill was read a second time and set down for committee stage next sitting day.

Social Security Amendment Bill (No 3)

Hon Paula Bennett moved, and the question was proposed, That the Social Security Amendment Bill (No 3) 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 110	New Zealand National 58; New Zealand Labour 41; ACT New Zealand 5; Māori Party 4; Progressive 1; United Future 1
Noes 10	Green Party 9; Independent: Carter C

Motion agreed to.

The Social Security Amendment Bill (No 3) was read a first time and stood referred to a select committee.

Resolved, That the Social Services Committee consider the Social Security Amendment Bill (No 3), that the committee report finally to the House on or before 31 May 2011, 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 Paula Bennett).

Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill, Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill, and Airports (Cost Recovery for Processing of International Travellers) Bill

The Speaker declared the House in committee for further consideration of the Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill, and consideration of the Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill, and the Airports (Cost Recovery for Processing of International Travellers) Bill.

 

 

(In the Committe)

Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill

Clauses 1 and 2 read again.

At 9.55 pm the Chairperson left the Chair to report progress.

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported progress on the Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill.

The Chairperson reported no progress on the Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill and the Airports (Cost Recovery for Processing of International Travellers) Bill.

The report was adopted and the Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill was set down for further consideration in committee next sitting day.

The Customs and Excise (Joint Border Management Information Sharing and Other Matters) Amendment Bill and the Airports (Cost Recovery for Processing of International Travellers) Bill were set down for consideration in committee next sitting day.

Government notice of motion No 5—appointment of Chairperson and members of Abortion Supervisory Committee

Hon Simon Power moved, and the question was proposed, That, pursuant to sections 10 and 11 of the Contraception, Sterilisation, and Abortion Act 1977, this House recommend His Excellency the Governor-General reappoint Professor Dame Linda Jane Holloway of Dunedin and Reverend Patricia Ann Allan of Christchurch as members of the Abortion Supervisory Committee, and appoint Dr Tangimoana Frances Habib of Hamilton as a member of the Abortion Supervisory Committee, each for a term of three years from the date of appointment, and appoint Professor Dame Linda Jane Holloway as Chairperson of the Abortion Supervisory Committee.

Hon Tariana Turia moved, and the question was proposed, That the motion be amended by omitting “Reverend Patricia Ann Allan of Christchurch” and substituting “Dr Ate Moala of Wellington”.

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

Ayes: 31

Ardern S (P)

Auchinvole (P)

Bakshi (P)

Blue

Borrows

Bridges (P)

Carter J

Dean (P)

English (P)

Finlayson (P)

Flavell

Gilmore

Goodhew

Goudie (P)

Guy

Heatley (P)

Katene (P)

Lee

Lotu-Iiga

Macindoe

McClay

Parata

Quinn (P)

Roy E (P)

Shanks

Sharples (P)

Tisch

Turia

Woodhouse (P)

Young

Teller:

Henare

Noes: 67

Barker

Beaumont

Bennett D (P)

Bennett P

Boscawen

Brownlee (P)

Calder (P)

Calvert

Carter C

Carter D (P)

Chauvel

Clendon

Coleman (P)

Cunliffe

Davis

Delahunty

Douglas

Dunne

Faafoi

Foss (P)

Graham

Groser (P)

Hague

Harawira

Hodgson

Horomia

Hughes

Huo

Hutchison

Jones

Joyce (P)

Kedgley

King A

King C (P)

Lees-Galloway

Locke

Mackey

Mallard

Mapp (P)

McCully (P)

Nash

Norman

O’Connor

Parker

Peachey (P)

Pillay

Power

Prasad

Ririnui

Robertson G

Robertson R

Ross

Roy H

Ryall (P)

Sepuloni

Smith L (P)

Smith N (P)

Street

te Heuheu (P)

Tolley (P)

Tremain

Turei

Twyford

Wagner (P)

Wilkinson (P)

Williamson

Teller:

Fenton

Abstentions: 1

Adams (P)

(P) denotes a proxy vote.

Amendment not agreed to.

Result corrected by the Speaker after originally being announced as Ayes 31, Noes 70, Abstentions 1.

Resolved, That, pursuant to sections 10 and 11 of the Contraception, Sterilisation, and Abortion Act 1977, this House recommend His Excellency the Governor-General reappoint Professor Dame Linda Jane Holloway of Dunedin and Reverend Patricia Ann Allan of Christchurch as members of the Abortion Supervisory Committee, and appoint Dr Tangimoana Frances Habib of Hamilton as a member of the Abortion Supervisory Committee, each for a term of three years from the date of appointment, and appoint Professor Dame Linda Jane Holloway as Chairperson of the Abortion Supervisory Committee.

Financial Markets Authority Bill, Securities Amendment Bill (No 3), Securities Markets Amendment Bill (No 2), KiwiSaver Amendment Bill, Financial Advisers Amendment Bill (No 3), and Securities Trustees and Statutory Supervisors Bill

The Financial Markets Authority Bill, the Securities Amendment Bill (No 3), the Securities Markets Amendment Bill (No 2), the KiwiSaver Amendment Bill, the Financial Advisers Amendment Bill (No 3), and the Securities Trustees and Statutory Supervisors Bill were read a third time.

Environmental Protection Authority Bill

Hon Dr Nick Smith moved, and the question was proposed, That the Environmental Protection Authority Bill be now read a second time.