Parliamentary Debates (Hansard) - New Zealand Parliament

3716 Local Government (Auckland Reorganisation) Bill 16 May 2009
Office that that is the case, and that all of the amendments have been read by the Clerk’s
Office. My view is that it would be very hard for that assurance to be given considering
the time that has been involved.
Hon JOHN CARTER (Associate Minister of Local Government): It is not for me
to speak, of course, but I know that the Clerk’s Office has done an outstanding job in
regard to the whole issue of these bills. I have had the opportunity to notice that the staff
peruse these things thoroughly. I would feel confident that they will have vetted the
amendments submitted by the member, and if the staff say the amendments are out of
order then I would accept that is so. At the end of the day, the important thing is that the
Chairperson has sought advice from the Clerk’s Office, and it has provided advice.
Finally, the decision comes down to you, Mr Chairperson. If you rule that the
amendments are out of order, then we have to accept your ruling and that they are out of
order. We have already had rulings from the Speaker, who has been called back on that
very point.
Hon DARREN HUGHES (Senior Whip—Labour): I ask you, Mr Chairperson, to
advise the Committee, because, obviously, a lot of amendments are involved. We
acknowledge that the Committee has passed two amendments in the Minister’s name—
the second one being to clause 2 to omit the words “on the day” and to substitute the
words “2 days”. A number of the amendments in front of you refer not only to the date
on which the bill comes into effect, but also to what has to happen before the Royal
assent can be given, and particularly to some consultation with specified individuals. I
think that even though we can accept that the actual day the bill becomes an Act has
changed because of Mr Hide’s amendments, there are a number of amendments for the
period leading up to that point. I think that some advice from you to the Committee
would be quite helpful.
NATHAN GUY (Senior Whip—National): You, Mr Chairperson, have given a
clear ruling to the Committee that these amendments in the name of Jacinda Ardern
have been ruled out of order. I think it is unfair of the Opposition to directly attack the
Clerk’s Office. I think the staff have done a fantastic job. You have ruled, and the
Committee, therefore, should not challenge your ruling.
Hon DAVID PARKER (Labour): I will start by saying that the Opposition also
agrees that Office of the Clerk has done a wonderful job, and there is no criticism at all
of the office. The staff have worked under considerable pressure. There has been an
enormous number of amendments brought about by the process that the Government is
running. The point that Mr Hughes makes is quite a valid one, and one on which we
seek a ruling. His point is that the effect of some of the Opposition amendments is not
covered by the amendments that have been put by the Minister, because they relate not
to the date on which the Act comes into force following the Royal assent, but to what
must happen prior to the bill going for the Royal assent. That is a different question.
The CHAIRPERSON (Hon Rick Barker): I say to members that I am happy to
rule. I have now personally perused for myself half of the amendments—they are all in
the same form—and I find the amendments are out of order on two counts: firstly, the
date issue is well taken care of in Rodney Hide’s amendment; and, secondly, I would
rule them out on the basis that they are not serious amendments. I intend no disrespect
to the very important office of the chief Opposition whip, but I do not think that it is a
serious amendment to say that things cannot happen until the chief Opposition whip has
signed them off. The member may disagree, and I must tell members that there are lots
of things for which the chief Opposition whip’s sign-off is very important—one of them
being leave, amongst other things—and we all hang on his word. However, in this
particular circumstance, I do not believe that is a serious amendment. The second role
whose sign-off is required is the Deputy Leader of the Opposition. It then goes on to the