Education (Freedom of Association) Amendment Bill
Clause 9 read again.
Colin King moved, That the question be now put. The Chairperson declined the motion.
The following amendments were put:
Heading to clause 9:
To omit the heading and substitute “Two classes of students provisions” (Grant Robertson).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Subclause (1):
To omit “This section applies to any student who on 1 January 2012” and substitute “This section will not apply to any student who on 1 January 2012” (Kris Faafoi).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Subclause (1):
To omit “student” and substitute “person” (Sue Moroney).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Subclause (1)(b):
To omit “institution’s” and substitute “establishment’s” (Sue Moroney).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
Subclause (1)(b):
To omit this paragraph.
Subclause (2)(a):
To omit “a member of the student association” and substitute “subject to compulsory student association membership”.
(David Shearer)
On the question, That the amendments be agreed to, the votes were recorded as follows:
Amendments not agreed to.
Subclause (2)(a):
To insert “or 31 December 2015, whichever comes later” after “enrolment” (Grant Robertson).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New subclauses (3) and (4):
To add the following subclauses:
(3) Despite sections 229A to 229CA, information must be provided by the institution to both prospective and current students about any student association at the institution for the purpose of informing the student about joining the association.
(4) The type of information referred to in subsection (3) includes—
(a) the services the association provides members:
(b) the services the association provides non-members:
(c) the fees and levies which apply to joining an association:
(d) the process of electing representatives of the association.
(Grant Robertson)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
New subclause (3):
To add the following subclause:
(3) The institution is to provide its student association with the following details of students for whom any membership fee of the kind prescribed in section 229CA(1) is currently collected from—
(a) the student’s full name; and
(b) the student’s contact address; and
(c) the student’s contact phone number; and
(d) the student’s email address.
(Grant Robertson)
On the question, That the amendment be agreed to, the votes were recorded as follows:
Amendment not agreed to.
On the question, That clause 9 stand part, the votes were recorded as follows:
Resolved, That clause 9 stand part.
The following amendments were tabled:
New clause 10:
Amendment set out on Supplementary Order Paper No 203 (David Clendon).
Amendment ruled out of order as the Government had exercised its financial veto.
To add the following clause:
10 Implication for student loan
Notwithstanding section 229CA, students may use any component of the student loan to pay any non-compulsory student association fees, collected on behalf of the association by the institution’s council.
(Hon Trevor Mallard)
Amendment ruled out of order as the Government had exercised its financial veto.
To add the following clause:
10 New section 229D
The following section is inserted into the principal Act:
“229D Institution to provide association funding
Every institution where a student association exists is required to provide that student association with 40% of the student services fees that that institution collects without condition.”
(Grant Robertson)
Amendment ruled out of order as being more properly associated with another clause, consideration of which had been completed.
To add the following clause:
10 Charges for non-members
Nothing in this Act shall prevent a student association charging a person who is not a member of the association for the provision of services or activities which are available to all students regardless of whether the student is a member of an association.
(Grant Robertson)
Amendment ruled out of order as being the same in substance as a previous amendment that had been negatived.
The following amendment was proposed:
To add the following clause:
10 Review of sections 229A to 229CA
(1) The Ministry of Education shall review the effect of the operation of sections 229A to 229CA 5 years after the date on which this Act receives Royal assent.
(2) The review shall assess the impact of the provisions on students and the tertiary sector in accordance with the terms of reference established in subsection (3).
(3) The terms of reference for the review shall be set out by the Minister of Education.
(4) The Ministry of Education shall report to the Ministers of Education and of Tertiary Education.
(Grant Robertson)
Chris Tremain moved, That the question be now put. The Chairperson declined the motion.
Hon Tau Henare 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.
The following amendments were tabled:
New clause 11:
To add the following clause:
11 Polls must be held
(1)Nothwithstanding sections 229A to 229CA, if a provision of this Act relates to student associations, a poll of students relating to the provision must be held in the institution that is directly affected by the provision.
(2)A poll result where 75% of students vote against the provision will result in the provision not applying to that particular institution.
(Grant Robertson)
Amendment ruled out of order as being inconsistent with the principles and objects of the bill.
New clause 12:
To add the following clause:
12 Triennial polls must be held
(1) Every 3 years, a poll of students relating to whether sections 229A to 229CA should apply must be held in each institution that is directly affected by the sections.
(2) A poll result where 75% of students vote against the provision will result in the provision not applying to that particular institution.
(Grant Robertson)
Amendment ruled out of order as being inconsistent with the principles and objects of the bill.
New clause 13:
To add the following clause:
13 Enrolment in student association
(1) Further to sections 229A to 229CA, this section applies to the enrolment of students into a student’s association.
(2) Students are automatically enrolled at the institution’s recognised student association but may apply to be removed from student association membership if they choose.
(3) A student opting to be removed from student association membership will receive a full refund if they request to be removed within 15 days of commencing study for that academic year.
(4) A student requesting to be removed from a student association’s membership must notify the institution’s council in writing and the council must not reject a student’s request.
(5) The membership fees of a student removed from student association membership during a time not outside of 15 days from commencement must be paid to a charity of the association’s choice.
(6) Every student association must ensure that the information about the rights in subsections (2) to (5) are available to students before enrolment.
(Grant Robertson)
Amendment ruled out of order as being inconsistent with the principles and objects of the bill.
The Chairperson announced that the bill would be reported without amendment presently.
Employment Relations (Secret Ballot for Strikes) Amendment Bill
Clause 1 read.
Sandra Goudie moved, That the question be now put. The Chairperson declined the motion.
Louise Upston 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 1 stand part, the votes were recorded as follows:
Resolved, That clause 1 stand part.
Clause 2 read.
Jo Goodhew moved, That the question be now put. The Chairperson declined the motion.
Louise Upston 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.
The following amendment was put:
Amendment set out on Supplementary Order Paper No 195 (Hon Tau Henare).
On the question, That the amendment be agreed to, the votes were recorded as follows:
Resolved, That the amendment be agreed to.
On the question, That clause 2, as amended, stand part, the votes were recorded as follows:
Resolved, That clause 2, as amended, stand part.
Clause 3 read.
At 9.55 pm the Chairperson left the Chair to report progress.
