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Journals of the House for the week beginning Tuesday, 8 September 2009

Tuesday, 8 September 2009

The House met at 2.00 pm.

Prayers

1. Introduction of distinguished visitors

The Speaker informed the House that Hon Agung Laksono Soemono, Speaker of the House of Representatives of Indonesia, was within the precincts of the Chamber. The Speaker was welcomed with applause and accorded a seat on the left of the Chair.

The Speaker also informed the House that a joint parliamentary delegation from the National Congress of Brazil, led by Senator Heraclito Fortes, First Secretary of the Senate, was within the precincts of the Chamber. The delegation was welcomed with applause.

2. Petitions

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

3. Papers

One paper was 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 ten reports was announced.

The following bills were set down for second reading:

  • Maori Commercial Aquaculture Claims Settlement (Regional Agreements) Amendment Bill
  • Aquaculture Legislation Amendment Bill (No 2)
  • Unit Titles Bill
  • Local Government (Auckland Council) Bill.

The following reports were set down for consideration:

  • Briefing on finance company failures
  • Interim report on the Complaint regarding SR 2008/319 Marine Safety Charges Amendment Regulations 2008
  • Review of the Emissions Trading Scheme and related matters

(see Related links for select committee reports).

5. Questions for oral answer

Twelve questions to Ministers were answered.

6. Application to debate a matter of urgent public importance

The Speaker notified the House that Hon Phil Goff had indicated his desire to move (for the purpose of debating media reports of a decision by the Cabinet not to accept the advice of the Ministry of Foreign Affairs and Trade on the issue of deploying Special Air Service personnel to Afghanistan), That the House take note of a matter of urgent public importance.

The Speaker informed the House that he had declined the application.

The Speaker also notified the House that Hon Clayton Cosgrove had indicated his desire to move (for the purpose of debating the review of the New Zealand Police property portfolio), That the House take note of a matter of urgent public importance.

The Speaker informed the House that he had declined the application.

7. 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

Motion agreed to.

Resolved, That urgency be accorded the introduction and passing of the Crown Retail Deposit Guarantee Scheme Bill, the second reading and remaining stages of the Resource Management (Simplifying and Streamlining) Amendment Bill, the introduction and first reading of the Biosecurity Amendment Bill, and the second reading of the Student Loan Scheme (Repayment Bonus) Amendment Bill.

8. Introduction of Government bills

The introduction of the—

  • Crown Retail Deposit Guarantee Scheme Bill
  • Biosecurity Amendment Bill—

was announced.

The Crown Retail Deposit Guarantee Scheme Bill was set down for first reading forthwith. The Biosecurity Amendment Bill was set down for first reading presently.

9. Passing of Government bill

Crown Retail Deposit Guarantee Scheme Bill

The Crown Retail Deposit Guarantee Scheme Bill was read a first and a second time and set down for Committee stage forthwith.

The Speaker declared the House in Committee for consideration of the Crown Retail Deposit Guarantee Scheme Bill.

 

 

(In the Committee)

Part 1 read.

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

Craig Foss moved, That the question be now put. The Chairperson declined the motion.

Aaron Gilmore moved, That the question be now put.

On the question, That the question be now put, 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 the question be now put.

Resolved, That Part 1 stand part.

Part 2 read.

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

Craig Foss moved, That the question be now put.

On the question, That the question be now put, 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 the question be now put.

Resolved, That Part 2 stand part.

Clauses 1 and 2 read.

The sitting was suspended between 10.00 pm and 9.00 am.

Wednesday, 9 September

Clauses 1 and 2 read again.

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

Craig Foss moved, That the question be now put. The Chairperson declined the motion.

Amy Adams moved, That the question be now put.

On the question, That the question be now put, 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 the question be now put.

Resolved, That clause 1 stand part.

Resolved, That clause 2 stand part.

The Chairperson announced that the Crown Retail Deposit Guarantee Scheme Bill would be reported without amendment.

Reporting and passing of bill

The Speaker resumed the Chair, and the Chairperson reported the Crown Retail Deposit Guarantee Scheme Bill without amendment.

The report was adopted, and the bill set down for third reading forthwith.

The Crown Retail Deposit Guarantee Scheme Bill was read a third time.

10. Government orders of the day

Resource Management (Simplifying and Streamlining) Amendment Bill

Resolved, That the amendments recommended by majority by the Local Government and Environment Committee be agreed to.

On the question, That the bill be now read a second 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 Resource Management (Simplifying and Streamlining) Amendment Bill was read a second time and set down for Committee stage forthwith.

The Speaker declared the House in Committee for consideration of the Resource Management (Simplifying and Streamlining) Amendment Bill.

 

(In the Committee)

Parts 1 and 2, Schedule 2, and clauses 1 to 3 read.

The following amendments were put:

New clauses 5A and 5B:

Amendments set out on Supplementary Order Paper No 47 (Te Ururoa Flavell).

On the question, That the amendments 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

Amendments not agreed to.

New clause 18C:

Amendment set out on Supplementary Order Paper No 46 (Dr Russel Norman).

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 20:

Amendment set out on Supplementary Order Paper No 49 (Rahui Katene).

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.

The following amendment was tabled:

Clause 20:

To omit clause 20 (Hon David Parker).

Amendment ruled out of order as being the same in substance as a previous amendment.

The following amendments were put:

Clause 21A:

Amendment set out on Supplementary Order Paper No 48 (Rahui Katene).

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

Ayes 14 Green Party 9; Māori Party 5
Noes 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1

Amendment not agreed to.

Clause 52:

Amendment set out on Supplementary Order Paper No 40 (Phil Twyford).

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 52:

Amendment set out on Supplementary Order Paper No 41 (Hon David Cunliffe).

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 52:

Amendment set out on Supplementary Order Paper No 42 (Dr Russel Norman).

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 52:

To omit subclause (1) and substitute the following:

(1)Section 76 is amended by inserting the following subsections after subsection (4):

“(4A)However, a rule must not prohibit or restrict the felling, trimming, damaging, or removal of any tree or group of trees in an urban environment unless the tree or group of trees is—

“(a)identified (including a map) in the plan or proposed plan; or

“(b)located within an area in the district that—

“(i)is a reserve (within the meaning of section 2(1) of the Reserves Act 1977); or

“(ii)is subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 or the Reserves Act 1977.

“(4B)In subsection (4A), urban environment means an allotment no greater than 4000 m2—

“(a)that is connected to a reticulated water supply system and a reticulated sewerage system; and

“(b)on which is a building used for industrial or commercial purposes, or a dwellinghouse.”

(Lynne Pillay)

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 68:

Amendments set out on Supplementary Order Paper No 39 (Hon Dr Nick Smith).

On the question, That the amendments be agreed to, 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

Amendments agreed to.

Clause 68:

Amendment to new section 95B, set out on Supplementary Order Paper No 45 (Dr Russel Norman).

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 68:

Amendment to new section 95D(a)(ii), set out on Supplementary Order Paper No 45 (Dr Russel Norman).

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.

The following amendment was tabled:

Clause 68:

Amendment set out on Supplementary Order Paper No 43 (Dr Russel Norman).

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

The following amendments were put:

Clause 82:

To omit clause 82 (Hon David Parker).

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.

Clauses 83 and 83A:

Amendments set out on Supplementary Order Paper No 49 (Rahui Katene).

On the question, That the amendments 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

Amendments not agreed to.

The following amendments were tabled:

Clauses 83 and 83A:

To omit clauses 83 and 83A (Hon David Parker).

Amendments ruled out of order as being the same in substance as a previous amendment.

The following amendments were put:

Clause 84:

To omit clause 84 (Hon David Parker).

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 85:

To omit clause 85 (Hon David Parker).

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 91:

Amendments to sections 149J, 149P, 149Q, and 149R, set out on Supplementary Order Paper No 50 (Rahui Katene).

On the question, That the amendments 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

Amendments not agreed to.

Clause 91:

Amendments to section 149W, set out on Supplementary Order Paper No 50 (Rahui Katene).

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

Ayes 49 New Zealand Labour 43; Māori Party 5; Progressive 1
Noes 73 New Zealand National 58; Green Party 9; ACT New Zealand 5; United Future 1

Amendments not agreed to.

Clause 131:

Amendment set out on Supplementary Order Paper No 39 (Hon Dr Nick Smith).

On the question, That the amendment 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

Amendment agreed to.

The following amendment was tabled:

Clause 131:

Amendment set out on Supplementary Order Paper No 43 (Dr Russel Norman).

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

The following amendments were put:

Clause 131:

Amendment set out on Supplementary Order Paper No 44 (Dr Russel Norman).

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 133:

Amendment set out on Supplementary Order Paper No 43 (Dr Russel Norman).

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.

The following amendment was tabled:

Clause 133:

Amendment set out on Supplementary Order Paper No 49 (Rahui Katene).

Amendment ruled out of order as being the same in substance as a previous amendment.

The following amendment was put:

Clause 151:

Amendment set out on Supplementary Order Paper No 39 (Hon Dr Nick Smith).

On the question, That the amendment be agreed to, 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

Amendment agreed to.

The following amendments were tabled:

Clause 151:

Amendment set out on Supplementary Order Paper No 40 (Phil Twyford).

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

Clause 151:

Amendment set out on Supplementary Order Paper No 42 (Dr Russel Norman).

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

Clause 151:

Amendment set out on Supplementary Order Paper No 41 (Hon David Cunliffe).

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

Clause 151:

To omit subclauses (1) to (3) and substitute the following:

“(1)On 1 January 2012, an existing rule or part of a rule in a district plan or proposed district plan that prohibits or restricts the felling, trimming, damaging, or removal of any tree, or group of trees, in an urban environment is revoked without further authority than this section.

“(2) Subsection (1) applies unless the rule relates to a tree, or group of trees,—

“(a)identified (including by map) in the plan or proposed plan; or

“(b)located within an area in the district that—

“(i)is a reserve (within the meaning of section 2(1) of the Reserves Act 1977); or

“(ii)is subject to a conservation management plan or conservation management strategy prepared in accordance with the Conservation Act 1987 or the Reserves Act 1977.

“(3)Each local authority must before 1 January 2012—

“(a)amend any rule in its plan or proposed plan to which subsection (1) applies; and

“(b)use the Schedule 1 procedure in the principal Act to make the amendment.”

(Lynne Pillay)

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

The following amendments were put:

Remaining clauses in Part 1, Part 2, and Schedule 2:

Amendments set out on Supplementary Order Paper No 39 (Hon Dr Nick Smith).

On the question, That the amendments be agreed to, 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

Amendments agreed to.

On the question, That Parts 1 and 2, Schedule 2, and clauses 1 to 3, as amended, stand part, 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

Resolved, That Parts 1 and 2, Schedule 2, and clauses 1 to 3, as amended, stand part.

The Chairperson announced that the Resource Management (Simplifying and Streamlining) Amendment Bill would be reported with amendment.

Reporting and passing of bill

The Speaker resumed the Chair, and the Chairperson reported the Resource Management (Simplifying and Streamlining) Amendment Bill with amendment.

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

Hon Dr Nick Smith moved, and the question was proposed, That the Resource Management (Simplifying and Streamlining) 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 108 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; Progressive 1; United Future 1
Noes 14 Green Party 9; Māori Party 5

Result altered by leave after originally being announced as Ayes 108, Noes 13.

Motion agreed to.

The Resource Management (Simplifying and Streamlining) Amendment Bill was read a third time.

Biosecurity Amendment Bill

The Biosecurity Amendment Bill was read a first time and stood referred to a select committee.

Hon David Carter moved a motion nominating the select committee to consider the bill and including an instruction in respect of the committee’s consideration of the bill.

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

Motion agreed to.

Resolved, That the Primary Production Committee consider the Biosecurity Amendment Bill, that the committee report finally to the House on or before 12 October 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).

11. Adjournment

At 11.29 pm on Wednesday, 9 September 2009 the House adjourned.

 

 

Thursday, 10 September 2009

The House met at 2.09 pm.

Prayers

1. Introduction of distinguished visitor

The Speaker informed the House that a delegation from the Socialist Republic of Viet Nam, led by His Excellency Mr Nong Duc Manh, General Secretary of the Central Committee of the Communist Party, was within the precincts of the Chamber. The delegation was welcomed with applause.

The Speaker also informed the House that a state congressional delegation from the United States of America was within the precincts of the Chamber. The delegation was welcomed with applause.

2. Business statement

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

3. Petitions

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

4. Papers

Five papers were announced as published under the authority of the House (see Related links for papers published under the authority of the House and papers presented).

5. Questions for oral answer

Twelve questions to Ministers were answered.

6. Government orders of the day

Gangs and Organised Crime Bill

Hon Simon Power moved, and the question was proposed, That the Gangs and Organised Crime 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 107 New Zealand National 58; New Zealand Labour 43; ACT New Zealand 5; United Future 1
Noes 14 Green Party 9; Māori Party 5

Motion agreed to.

The Gangs and Organised Crime Bill was read a second time and set down for Committee stage next sitting day.

Student Loan Scheme (Repayment Bonus) Amendment Bill

Hon Peter Dunne moved, and the question was proposed, That the Student Loan Scheme (Repayment Bonus) Amendment Bill be now read a second time.

7. Adjournment

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