Ngāti Mutunga Claims Settlement Bill and Business Law Reform Bill

The House resolved itself into Committee for consideration of the Ngāti Mutunga Claims Settlement Bill and Business Law Reform Bill.

(In the Committee)

Ngāti Mutunga Claims Settlement Bill

The Preamble read.

Resolved, That the Preamble stand part.

Part 1 read.

The following amendments were tabled:

Clause 7:

• Subclause (1)(b): to omit “and its principles”.
• Subclause (2)(e): to omit “and its principles”.
• Subclause (5): to omit “and its principles”.
• Subclause (6)(c): to omit “and its principles”.
• Subclause (7)(d)(ii): to omit “and its principles”.
• Subclause (10): to omit “and its principles”.

Clause 8:

• Subclause (1)(b): to omit “me ona matapono”.
• Subclause (2)(e): to omit “me ona matapono”.
• Subclause (5): to omit “me ona matapono”.
• Subclause (6)(c): to omit “me ona matapono”.
• Subclause (7)(d)(ii): to omit “me ona matapono”.
• Subclause (10): to omit “me ona matapono”.

Clause 9:

• Subclause (7): to omit “and its principles”.

Clause 10:

• Subclause (7): to omit “me ona matapono” (Pita Paraone).

Amendments ruled out of order as purporting to amend an agreement reached between the Crown and another party.

The following amendment was put:

Clause 14:

• Subclause (1)(a)(i)(A): to omit “or the principles of the Treaty of Waitangi (Te Tiriti o Waitangi)” (Pita Paraone).

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

Ayes 7	New Zealand First 7
Noes 112	New Zealand Labour 50; New Zealand National 47; Green Party 6; Māori Party 3; United Future 3; ACT New Zealand 2; Progressive 1

Amendment not agreed to.

Resolved, That Part 1 stand part.

Part 2 read.

Resolved, That Part 2 stand part.

Part 3 read.

Resolved, That Part 3 stand part.

The following amendment was tabled:

New Part 4:

• To add the following Part:

PART 4
Transitional provisions
103	Dissolution of Ngati Mutunga Iwi Authority
(1)	On and from the commencement of this Act,—
	(a)	the Ngati Mutunga Iwi Authority is dissolved; and
	(b)	the term of office of members of the Ngati Mutunga Iwi Authority expires; and
	(c)	proceedings by or against the Ngati Mutunga Iwi Authority may be continued, completed, and enforced by or against Te Runanga O Ngati Mutunga; and
	(d)	a reference to the Ngati Mutunga Iwi Authority (express or implied) in any enactment (other than this Act), or in any instrument, register, agreement, deed (other than the deed of settlement), lease, application, notice, or other document in force immediately before the commencement of this Act must, unless the context otherwise requires, be read as a reference to Te Runanga O Ngati Mutunga.
(2)	A person holding office as a member of the Ngati Mutunga Iwi Authority at any time before the commencement of this Act is not entitled to compensation as a result of the expiry under this section of his or her term of office.
104	Transfer of assets and liabilities
(1)	On and from the commencement of this Act, the assets and liabilities of the Ngati Mutunga Iwi Authority vest in Te Runanga O Ngati Mutunga and become the assets and liabilities of Te Runanga O Ngati Mutunga, subject to any trusts, covenants, or conditions affecting an asset or liability.
(2)	In this subpart, assets and liabilities—
	(a)	means assets and liabilities owned, controlled, or held, wholly or in part, immediately before the commencement of this Act, by the Ngati Mutunga Iwi Authority; and
	(b)	includes—
		(i)	all assets of any kind, whether in the form of real or personal property, money, shares, securities, rights, or interests; and
		(ii)	all liabilities, including debts, charges, duties, contracts, or other obligations (whether present, future, actual, contingent, payable, or to be observed or performed in New Zealand or elsewhere).
105	Taxes and duties
(1)	On and from the commencement of this Act, for the purposes of the Inland Revenue Acts and any other enactment that imposes or provides for the collection of a tax, duty, levy, or other charge,—
	(a)	the Ngati Mutunga Iwi Authority and the Trustees of the Te Runanga O Ngati Mutunga are the same person; and
	(b)	a transaction entered into, or an act performed, by the Ngati Mutunga Iwi Authority before the commencement of this Act is to be treated as having been entered into or performed by the Trustees at the time it was entered into or performed by the Ngati Mutunga Iwi Authority; and
	(c)	the Trustees must be treated as having held, at all times since the interests were acquired by the Ngati Mutunga Iwi Authority, the voting interests, as the case may be, that they receive from the Ngati Mutunga Iwi Authority under section 104.
(2)	In this section,—
	Inland Revenue Acts has the same meaning as in section 3(1) of the Tax Administration Act 1994
	Market value interest and voting interest have the same meanings as in section OB 1 of the Income Tax Act 2004.
Reporting requirements
106	Final report of Ngati Mutunga Iwi Authority
(1)	In this section, final report means—
	(a)	a statement of the financial position of the Ngati Mutunga Iwi Authority and other information required by subsections (2) and (3); and
	(b)	an audit report prepared by the Ngati Mutunga Iwi Authority’s auditor on the statement and information referred to in paragraph (a).
(2)	As soon as is reasonably practicable after the commencement of this Act, the Trustees of the Te Runanga O Ngati Mutunga must prepare a final report (as if the report were an annual report) to show fully the financial results of the operations of the Ngati Mutunga Iwi Authority for the period beginning on the date of the previous annual report and ending with the close of the day immediately before the commencement of this Act.
(3)	The final report must consist of a statement of the financial position of the Ngati Mutunga Iwi Authority and other statements of accounts necessary to provide the information required by subsection (2).
Other transitional matters
107	Matters not affected by transfer
	Nothing effected or authorised by this subpart—
	(a)	places the Ngati Mutunga Iwi Authority or the Trustees of the Te Runanga O Ngati Mutunga, the Crown, or any other person or body in breach of a contract or confidence, or makes them guilty of a civil wrong; or
	(b)	gives rise to a right for any person to terminate or cancel any contract or arrangement, to accelerate the performance of an obligation, to impose a penalty, or to increase a charge; or
	(c)	places the Ngati Mutunga Iwi Authority, the Trustees of the Te Runanga O Ngati Mutunga, the Crown, or any other person or body in breach of an enactment, rule of law, or contract that prohibits, restricts, or regulates the assignment or transfer of an asset or liability or the disclosure of information; or
	(d)	releases a surety wholly or in part from an obligation; or
	(e)	invalidates or discharges a contract.
108	Status of contracts and other instruments
	(1)	In subsection (2), contracts and other instruments means contracts, agreements, conveyances, deeds, leases, licences, other instruments, undertakings, notices entered into by, made with, given to or by, or addressed to, the Ngati Mutunga Iwi Authority (whether alone or with another person) before the commencement of this Act and having effect immediately before that date.
	(2)	Contracts and other instruments are binding on, and enforceable by, against, or in favour of, the Trustees of the Te Runanga O Ngati Mutunga as if the contracts or other instruments had been entered into by, made with, given to or by, or addressed to or by, the Trustees and not the Ngati Mutunga Iwi Authority.
109	Status of existing securities
(1)	A security held by the Ngati Mutunga Iwi Authority as security for a debt or other liability to that Board incurred before the commencement of this Act—
	(a)	is available to the Trustees of the Te Runanga O Ngati Mutunga as security for the discharge of that debt or liability; and
	(b)	if the security extends to future or prospective debts or liabilities, is available as security for the discharge of debts or liabilities to the Trustees incurred on or after the commencement of this Act.
(2)	The Trustees of Te Runanga O Ngati Mutunga are entitled to the same rights and priorities, and are subject to the same liabilities, in relation to the security as the Ngati Mutunga Iwi Authority would be if this Act had not been passed.
110	Books and documents to remain evidence
(1)	A document, matter, or thing that would have been admissible in evidence for or against the Ngati Mutunga Iwi Authority is, on and after the commencement of this Act, admissible in evidence for or against the Trustees of the Te Runanga O Ngati Mutunga.
(2)	For the purpose of this section, document has the same meaning as in section 48G of the Evidence Act 1908.
111	Registers
(1)	The Registrar-General or any other person charged with keeping books or registers is not required to change the name of the Ngati Mutunga Iwi Authority to the names of the Trustees of the Te Runanga O Ngati Mutunga in the books or registers or in a document, solely because of the provisions of this subpart.
(2)	If the Trustees of the Te Runanga O Ngati Mutunga present an instrument referred to in subsection (3) to a registrar or other person, the presentation of that instrument is, in the absence of evidence to the contrary, sufficient proof that the property is vested in the Trustees, as specified in the instrument.
(3)	For the purposes of this section, the instrument need not be an instrument of transfer, but must—
	(a)	be executed or purport to be executed by the Trustees of the Te Runanga O Ngati Mutunga; and
	(b)	relate to assets or liabilities held, managed, or controlled by the Ngati Mutunga Iwi Authority or any entity wholly or partly owned or controlled by the Board immediately before the commencement of this Act; and
	(c)	be accompanied by a certificate given by the Trustees or their solicitor that the property was vested in the Trustees by or under this Act.
(Christopher Finlayson)

Amendment ruled out of order as being outside the scope of the bill and in the nature of private legislation.

Resolved, That the Chairperson report progress to obtain the Speaker’s ruling on the admissibility of a proposed amendment that the Chairperson had ruled out of order as being outside the scope of the bill and in the nature of private legislation (Hon Tau Henare).

Speaker’s Ruling

The Speaker resumed the Chair, and the Chairperson reported that she had been directed to report progress to obtain the Speaker’s ruling on the admissibility of a proposed amendment that the Chairperson had ruled out of order as being outside the scope of the bill and in the nature of private legislation. The Speaker ruled on the matter referred to her on motion by the Committee.

The House resolved itself into Committee for further consideration of the Ngāti Mutunga Claims Settlement Bill and for consideration of the Business Law Reform Bill.

(In the Committee)

Ngāti Mutunga Claims Settlement Bill

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.

Schedule 5 read.

Resolved, That Schedule 5 stand part.

Clauses 1 and 2 read.

Resolved, That clause 1 stand part.

Resolved, That clause 2 stand part.

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

Business Law Reform Bill

Part 1 read.

The following amendments were put:

Part 1:

• Amendments set out on Supplementary Order Paper No 72 (Hon Lianne Dalziel).

Resolved, That the amendments be agreed to.

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

Part 2 read.

Resolved, That Part 2 stand part.

Part 3 read.

The following amendments were put:

Part 3:

• Amendments set out on Supplementary Order Paper No 72 (Hon Lianne Dalziel).

Resolved, That the amendments be agreed to.

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

Part 4 read.

Resolved, That Part 4 stand part.

Part 5 read.

The following amendment was put:

Clause 57:

• Amendment set out on Supplementary Order Paper No 72 (Hon Lianne Dalziel).

Resolved, That the amendment be agreed to.

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

The Schedule read.

The following amendment was put:

Schedule:

• Amendment set out on Supplementary Order Paper No 72 (Hon Lianne Dalziel).

Resolved, That the amendment be agreed to.

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

Clauses 1 and 2 read.

Resolved, That clause 1 stand part.

The following amendments were put:

Clause 2:

• Amendments set out on Supplementary Order Paper No 72 (Hon Lianne Dalziel).

Resolved, That the amendments be agreed to.

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

Resolved, That the bill be divided into five bills as set out on Supplementary Order Paper No 73 (Hon Lianne Dalziel).

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

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported the Ngāti Mutunga Claims Settlement Bill without amendment.

The Chairperson also reported the Business Law Reform Bill with amendment and that the Committee had divided it into the following bills:

• Companies Amendment Bill (No 2)
• Dumping and Countervailing Duties Amendment Bill
• Financial Reporting Amendment Bill
• Friendly Societies and Credit Unions Amendment Bill
• Insurance Companies’ Deposits Amendment Bill.

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

Geographical Indications (Wine and Spirits) Registration Bill

Hon Judith Tizard moved, and the question was proposed, That the Geographical Indications (Wine and Spirits) Registration Bill be now read a third time.

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

Ayes 111	New Zealand Labour 50; New Zealand National 45; New Zealand First 7; Green Party 5; United Future 3; Progressive 1
Noes 3	Māori Party 3

The bill was read a third time.

Property Law Bill

The Property Law Bill was read a first time and stood referred to a select committee.

Resolved, That the Justice and Electoral Committee consider the bill (Hon Clayton Cosgrove).

Human Tissue Bill

The Human Tissue Bill was read a first time and stood referred to a select committee.

Resolved, That the Health Committee consider the bill (Hon Pete Hodgson).

Social Security (Long-term Residential Care) Amendment Bill

The House resolved itself into Committee for consideration of the Social Security (Long-term Residential Care) Amendment Bill.

(In the Committee)

Part 1 read.

The following amendments were put:

Clause 6:

• Amendment set out on Supplementary Order Paper No 74 (Sue Bradford).

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

Ayes 9	Green Party 6; Māori Party 3
Noes 108	New Zealand Labour 50; New Zealand National 45; New Zealand First 7; United Future 3; ACT New Zealand 2; Progressive 1

Amendment not agreed to.

Clause 8:

• Amendment set out on Supplementary Order Paper No 74 (Sue Bradford).

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

Ayes 9	Green Party 6; Māori Party 3
Noes 108	New Zealand Labour 50; New Zealand National 45; New Zealand First 7; United Future 3; ACT New Zealand 2; Progressive 1

Amendment not agreed to.

The following amendment was tabled:

New clause 8A:

• Amendment set out on Supplementary Order Paper No 74 (Sue Bradford).

Amendment ruled out of order as inconsistent with a previous decision of the Committee.

The following amendments were put:

New clause 8A:

• Amendment set out on Supplementary Order Paper No 63 (Dr Paul Hutchison).

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

Ayes 45	New Zealand National 45
Noes 72	New Zealand Labour 50; New Zealand First 7; Green Party 6; Māori Party 3; United Future 3; ACT New Zealand 2; Progressive 1

Amendment not agreed to.

Part 1:

• Amendments set out on Supplementary Order Paper No 69 (Hon Pete Hodgson).

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

Ayes 70	New Zealand Labour 50; New Zealand First 7; Green Party 6; Māori Party 3; United Future 3; Progressive 1
Noes 47	New Zealand National 45; ACT New Zealand 2

Resolved, That the amendments be agreed to.

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

Ayes 70	New Zealand Labour 50; New Zealand First 7; Green Party 6; Māori Party 3; United Future 3; Progressive 1
Noes 47	New Zealand National 45; ACT New Zealand 2

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

Part 2 read.

Resolved, That Part 2 stand part.

The Schedule read.

Resolved, That the Schedule stand part.

Clauses 1, 2 and 3 read.

Resolved, That clause 1 stand part.

The following amendment was put:

Clause 2:

• Amendment set out on Supplementary Order Paper No 69 (Hon Pete Hodgson).

Resolved, That the amendment be agreed to.

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

Resolved, That clause 3 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 Social Security (Long-term Residential Care) Amendment Bill with amendment.

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

Evidence Bill

Hon Rick Barker for Hon Mark Burton moved, and the question was proposed, That the Evidence Bill be now read a second time.

Ngāti Mutunga Claims Settlement Bill

The Ngāti Mutunga Claims Settlement Bill was read a third time.

Companies Amendment Bill (No 2), Dumping and Countervailing Duties Amendment Bill, Financial Reporting Amendment Bill, Friendly Societies and Credit Unions Amendment Bill and Insurance Companies’ Deposits Amendment Bill

The Companies Amendment Bill (No 2), Dumping and Countervailing Duties Amendment Bill, Financial Reporting Amendment Bill, Friendly Societies and Credit Unions Amendment Bill and Insurance Companies’ Deposits Amendment Bill were read a third time.

Social Security (Long-term Residential Care) Amendment Bill

Hon Pete Hodgson moved, and the question was proposed, That the Social Security (Long-term Residential Care) Amendment Bill be now read a third time.

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

Ayes 68	New Zealand Labour 50; New Zealand First 7; Green Party 5; Māori Party 2; United Future 3; Progressive 1
Noes 49	New Zealand National 48; ACT New Zealand 1

The bill was read a third time.

Evidence Bill

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

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

Judicial Retirement Age Bill

The Judicial Retirement Age Bill was read a first time and stood referred to a select committee.

Resolved, That the Justice and Electoral Committee consider the bill (Hon Rick Barker).

Energy Safety Review Bill

Hon Harry Duynhoven moved, and the question was proposed, That the Energy Safety Review Bill be now read a second time.

Student Loan Scheme Amendment Bill (No 2)

The Student Loan Scheme Amendment Bill (No 2) was read a first time and stood referred to a select committee.

Resolved, That the Student Loan Scheme Amendment Bill (No 2) be considered by the Education and Science Committee, that the committee report finally to the House on or before 28 February 2007, 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 192 and 195(1)(b) and (c) (Hon Peter Dunne).

Energy Safety Review Bill

The House resumed the interrupted debate on the question that the Energy Safety Review Bill be now read a second time.

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

Plumbers, Gasfitters, and Drainlayers Bill

The Plumbers, Gasfitters, and Drainlayers Bill was read a second time and set down for Committee stage next sitting day.

Crimes of Torture Amendment Bill and Crimes (Intimate Covert Filming) Amendment Bill

The House resolved itself into Committee for consideration of the Crimes of Torture Amendment Bill and Crimes (Intimate Covert Filming) Amendment Bill.

(In the Committee)

Crimes of Torture Amendment Bill

Part 1 read.

The following amendments were put:

Clause 6:

New section 16: to omit the definition of Central National Preventive Mechanism and substitute the following:

• “Central National Preventive Mechanism shall be the Human Rights Commission

(Keith Locke)

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

Ayes 8	Green Party 6; Māori Party 2
Noes 90	New Zealand Labour 50; New Zealand National 29; New Zealand First 7; United Future 3; Progressive 1

Amendment not agreed to.

Clause 6:

• New section 16: to omit the definition of National Preventive Mechanism and substitute the following:

“National Preventive Mechanism means 1 or more of the following:
“(a)	the Ombudsman:
“(b)	the Police Complaints Authority:
“(c)	the Human Rights Commission:
“(d)	the Office of the Children’s Commissioner, or
“(e)	Judge Advocate General
(Keith Locke)

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

Ayes 8	Green Party 6; Māori Party 2
Noes 90	New Zealand Labour 50; New Zealand National 29; New Zealand First 7; United Future 3; Progressive 1

Amendment not agreed to.

Clause 6:

• To omit new section 26 (Keith Locke).

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

Ayes 8	Green Party 6; Māori Party 2
Noes 90	New Zealand Labour 50; New Zealand National 29; New Zealand First 7; United Future 3; Progressive 1

Amendment not agreed to.

Clause 6:

• To omit new section 32 (Keith Locke).

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

Ayes 8	Green Party 6; Māori Party 2
Noes 90	New Zealand Labour 50; New Zealand National 29; New Zealand First 7; United Future 3; Progressive 1

Amendment not agreed to.

Clause 6:

• Amendment set out on Supplementary Order Paper No 75 (Hon Mark Burton).

Resolved, That the amendment be agreed to.

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

Part 2 read.

Resolved, That Part 2 stand part.

The Schedule read.

Resolved, That the Schedule stand part.

Clauses 1, 2 and 2A read.

Resolved, That clause 1 stand part.

Resolved, That clause 2 stand part.

Resolved, That clause 2A stand part.

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

Crimes (Intimate Covert Filming) Amendment Bill

Part 1 read.

Resolved, That Part 1 stand part.

Part 2 read.

Resolved, That Part 2 stand part.

Clauses 1 and 2 read.

Resolved, That clause 1 stand part.

Resolved, That clause 2 stand part.

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

Reporting of bills

The Speaker resumed the Chair, and the Chairperson reported the Crimes of Torture Amendment Bill with amendment and the Crimes (Intimate Covert Filming) Amendment Bill without amendment.

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