Speaker’s ruling
The Speaker resumed the Chair, and the Chairperson reported that he had been directed to obtain the Speaker’s ruling on the acceptance of a closure motion on the question, That Part 2 stand part. The Speaker ruled on the matter referred to him on motion by the Committee.
The Speaker declared the House in Committee for further consideration of the Injury Prevention, Rehabilitation, and Compensation Amendment Bill.
(In the Committee)
Part 2 read again.
On the question, That the question be now put, the votes were recorded as follows:
Vote altered by leave having originally been announced as Ayes 63, Noes 58.
Resolved, That the question be now put.
The following amendments were put:
Amendments set out on Supplementary Order Paper No 111 (Hon Dr Nick Smith).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments agreed to.
On the question, That Part 2, as amended, stand part, the votes were recorded as follows:
Resolved, That Part 2, as amended, stand part.
New Part 3 read.
The following amendment was proposed:
New Part 3:
To insert the following new Part after Part 2:
Part 3
Requirement to undertake annual reviews
of impact of various changes
60 Review of operation of Act and related matters
(1) Accident Compensation Corporation must, before the expiry of 12 months, after the commencement of this Act, and then on an annual basis—
(a)review the impact of cuts to entitlements made to injured persons as a consequence of Parts 1 and 2:
(b) assess the impact of additional costs borne by persons receiving compensation as a consequence of Parts 1 and 2:
(c) report on its findings to the Minister for Accident Compensation.
(2) The Minister for Accident Compensation must present a copy of any report provided under this section to the House of Representatives as soon as practicable after receiving it.
(Hon David Parker)
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.
The debate was interrupted.
Injury Prevention, Rehabilitation, and Compensation Amendment Bill
New Part 3 read again.
Amendment ruled out of order as 24 hours’ notice was not given for an amendment that may have an impact on the Government’s fiscal aggregates.
The debate on this amendment lapsed.
The following amendments were tabled:
New Part 3:
To insert the following new Part after Part 2:
Part 3
Requirement to undertake annual reviews
of impact of various changes
61 Review of operation of Act and related matters
(1) Accident Compensation Corporation must, before the expiry of 12 months, after the commencement of this Act, and then on an annual basis—
(a) assess the impact on the number of persons receiving treatment under this Act and the impacts on Vote Health as a consequence of Part 1 and Part 2:
(b) assess the impact on the number of persons refused treatment under this Act who then require treatment in public hospitals as a consequence of Part 1 and Part 2:
(c) assess the impact on the number of persons refused compensation under this Act who then require a benefit administered by the Ministry of Social Development as a consequence of Part 1 and Part 2:
(d) report on its findings to the Minister for Accident Compensation.
(2) The Minister for Accident Compensation must present a copy of any report provided under this section to the House of Representatives as soon as practicable after receiving it.
(Hon Ruth Dyson)
Amendment ruled out of order as 24 hours’ notice was not given for an amendment that may have an impact on the Government’s fiscal aggregates.
New Part 4:
To insert the following new Part after Part 3:
Part 4
Miscellaneous provisions
61 Review of operation of Act and related matters by Accident Compensation Corporation Gradual Process Injury Committee
(1) The Accident Compensation Corporation Gradual Process Injury Committee must, as soon as practicable after the commencement of this Act,—
(a) assess the number of persons with gradual process work-related injury working in New Zealand and any prescribed matters relating to work place environments and linkages to injury; and
(b) report on its findings to the Minister for ACC; and
(c) 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 with gradual process work related injury working in New Zealand and any prescribed matters relating to work place environments and linkages to injury; and
(iii) assess the nature and adequacy of the means available to assist persons to avoid gradual process work related injury working in New Zealand and any prescribed matters relating to work place environments and linkages to injury; and
(iv) consider whether any amendments to this Act or any other law are necessary or desirable and, in particular, whether the system of certification is effective or could be improved, whether any other agency or agencies could or should administer it, and whether a system is needed for identifying the number of persons with gradual work place injuries working in New Zealand and any prescribed matters relating to work place environments and linkages to injury; and
(v) consider whether any other amendments to the law are necessary or desirable in relation to gradual work place injuries; and
(vi) consider whether any further review or assessment of the matters set out in this paragraph is necessary or desirable; and
(vii) report on its findings to the Minister for ACC; and
(d) carry out any other review, assessment, and reporting required by regulations made under this Act.
(2)The Minister for ACC must present a copy of any report provided under this section to the House of Representatives as soon as practicable after receiving it.
(Hon David Parker)
Amendment ruled out of order as 24 hours’ notice was not given for an amendment that may have an impact on the Government’s fiscal aggregates.
New Part 5:
To insert the following new Part after Part 4:
Part 5
Miscellaneous provisions
62 Review of operation of Act and related matters by Accident Compensation Corporation Committee regarding wilful self injury and suicide
(1) The Accident Compensation Corporation Committee regarding wilful self-injury and suicide must, as soon as practicable after the commencement of this Act,—
(a) assess the number of persons affected by wilful self-injury and suicide in New Zealand and any prescribed matters relating to impacts of the legislation; and
(b) report on its findings to the Minister for ACC; and
(c) 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 affected by wilful self-injury and suicide in New Zealand and any prescribed matters relating to workplace environments and linkages to this; and
(iii) assess the nature and adequacy of the means available to assist persons affected by wilful self-injury and suicide in New Zealand and any prescribed matters relating to workplace environments and linkages to this; and
(iv) consider whether any amendments to this Act or any other law are necessary or desirable and, in particular, whether the system of certification is effective or could be improved, whether any other agency or agencies could or should administer it, and whether a system is needed for identifying the number of persons affected by wilful self-injury and suicide in New Zealand and any prescribed matters relating to workplace environments and linkages to this; and
(v) consider whether any other amendments to the law are necessary or desirable in relation to those affected by wilful self-injury and suicide; and
(vi) consider whether any further review or assessment of the matters set out in this paragraph is necessary or desirable; and
(vii) report on its findings to the Minister for ACC; and
(d) carry out any other review, assessment, and reporting required by regulations made under this Act.
(2)The Minister for ACC must present a copy of any report provided under this section to the House of Representatives as soon as practicable after receiving it.
(Hon Jim Anderton)
Amendment ruled out of order as 24 hours’ notice was not given for an amendment that may have an impact on the Government’s fiscal aggregates.
On the question, That Schedule 1 stand part, the votes were recorded as follows:
Resolved, That Schedule 1 stand part.
On the question, That Schedule 2 stand part, the votes were recorded as follows:
Resolved, That Schedule 2 stand part.
Clauses 1, 2, and 3 read.
Jo Goodhew moved, That the question be now put. The Chairperson declined the motion.
The following amendments were put:
Clause 1:
To omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute “Injury Prevention, Rehabilitation, and Compensation (Rebalancing Between Non-Work and Work Accounts) Amendment Act 2010” (Darien Fenton).
On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:
Amendment to the amendment not agreed to.
Clause 1:
To omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute “lnjury Prevention, Rehabilitation, and Compensation (Urgent Changes) Amendment Act 2010” (Darien Fenton).
On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:
Amendment to the amendment not agreed to.
A further 10 amendments to the amendment in the same member’s name to omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute alternative names were ruled out of order as not being serious amendments.
The following amendments to the amendment were put:
Clause 1:
To omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute “Accident Compensation (Rebalancing Between Non-Work and Work Accounts) Amendment Act 2010” (Lynne Pillay).
On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:
Amendment to the amendment not agreed to.
Clause 1:
To omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute “Revised Injury Prevention, Rehabilitation, and Compensation Amendment Act 2010” (Lynne Pillay).
On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:
Amendment to the amendment not agreed to.
Clause 1:
To omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute “Accident Compensation (Injury Prevention, Rehabilitation, and Compensation) Amendment Act 2010” (Lynne Pillay).
On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:
Amendment to the amendment not agreed to.
Clause 1:
To omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute “Accident Compensation (Urgent Changes) Amendment Act 2010” (Lynne Pillay).
On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:
Amendment to the amendment not agreed to.
The following amendment was tabled:
Clause 1:
To omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute “Injury Prevention, Rehabilitation, and Compensation Amendment Act 2010” (Lynne Pillay).
Amendment to the amendment ruled out of order as being a direct negation of the question.
A further 10 amendments to the amendment in the same member’s name to omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute alternative names were ruled out of order as not being serious amendments.
The following amendment was put:
Clause 1:
To omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute “Accident Compensation Corporation (Rebalancing Between Non-Work and Work Accounts) Amendment Act 2010” (Carol Beaumont).
On the question, That the amendment to the amendment be agreed to, the votes were recorded as follows:
Amendment to the amendment not agreed to.
A further 11 amendments to the amendment in the same member’s name to omit from the amendment set out on Supplementary Order Paper No 111 “Accident Compensation Amendment Act 2010” and substitute alternative names were ruled out of order as not being serious amendments.
Clause 1:
Amendments set out on Supplementary Order Paper No 111 (Hon Dr Nick Smith).
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments agreed to.
On the question, That clause 1, as amended, stand part, the votes were recorded as follows:
Resolved, That clause 1, as amended, stand part.
The following amendment was put:
Clause 2(1):
To omit “1 July 2010” and substitute “1 November 2025” (Hon Steve Chadwick).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
A further 364 amendments in the same member’s name to omit “1 July 2010” and substitute alternative dates were ruled out of order as being the same in substance as the previous amendment that had been negatived.
Resolved, That the Chairperson report progress to obtain the Speaker’s ruling on the admissibility of amendments substantially the same as an amendment that had been negatived (Hon Darren Hughes).
Speaker’s ruling
The Speaker resumed the Chair, and the Chairperson reported that he had been directed to obtain the Speaker’s ruling on the admissibility of amendments substantially the same as an amendment that had been negatived. The Speaker ruled on the matter referred to him on motion by the Committee.
The Speaker declared the House in Committee for further consideration of the Injury Prevention, Rehabilitation, and Compensation Amendment Bill.
(In the Committee)
The following amendments were put:
Clause 2(2):
To omit “on the day after the date on which this Act receives the Royal assent” and substitute “1 November 2027” (Moana Mackey).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Clause 2(2):
To omit “on the day after the date on which this Act receives the Royal assent” and substitute “10 August 2015” (Moana Mackey).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
A further 1,542 amendments in the same member’s name to omit “on the day after the date on which this Act receives the Royal assent” and substitute alternative dates were ruled out of order as being the same in substance as the previous amendments that had been negatived.
The following amendment was put:
Clause 2(2):
To omit “on the day after the date on which this Act receives the Royal assent” and substitute “1 November 2025” (Hon Steve Chadwick).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
A further 364 amendments in the same member’s name to omit “on the day after the date on which this Act receives the Royal assent” and substitute alternative dates were ruled out of order as being the same in substance as the previous amendment that had been negatived.
On the question, That clause 2 stand part, the votes were recorded as follows:
Resolved, That clause 2 stand part.
The following amendment was tabled:
New clause 2A:
To insert the following clause after clause 2:
2A Expiry
This Act expires with the close of 1 November 2010.
(Hon Steve Chadwick)
Amendment ruled out of order as not being in the proper form.
A further 1,074 amendments in the same member’s name to include an expiry provision were ruled out of order as not falling within the definition of a preliminary clause.
The following amendment was put:
Clause 3:
Amendment set out on Supplementary Order Paper No 111 (Hon Dr Nick Smith).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment agreed to.
On the question, That clause 3, as amended, stand part, the votes were recorded as follows:
Resolved, That clause 3, as amended, stand part.
The Chairperson announced that the bill would be reported with amendment.
