Parliamentary Debates (Hansard) - New Zealand Parliament

3758 Local Government (Auckland Council) Bill 16 May 2009
me to ensure that the Minister moves the motion correctly as signalled to the House and
as advised to the Clerk.
The matter now is where the motion was at the point that the member raised the point
of order. It is argued by the Hon Trevor Mallard that the motion was in the possession
of the House, and only the House could change it. I disagree. I think the motion is
within the control of the presiding officer, in the same way as amendments that come
before the House are: the presiding officer decides whether they are in order or out of
order. That is not a matter for the House to decide itself. Deciding whether a motion is
in order or out of order is the sole preserve of the presiding officer. When that motion
was moved, I as the presiding officer decided that the motion was out of order. I then
required the member to correct the motion to ensure it was consistent with what the
member had said after he moved the first reading, and consistent with what the member
had said to the Clerk.
Had the mistake not been spotted and had the new motion gone through the House,
been a motion of the House, and been decided, it would then have been the House’s
decision. But it was not. The motion rested with me and it was within my realm to put
it, or not, and to ensure it was correct. In my view it is for the presiding officer to ensure
the motion is accurate. That has been done. The motion now before the House is as read
out by the Hon Rodney Hide: that the Local Government (Auckland Council) Bill be
considered by the Auckland Governance Legislation Committee, and that the committee
report finally to the House on or before 4 September 2009. That is the motion, and it is
the only motion that can be moved according to the Standing Orders. I so put the
motion.
A party vote was called for on the question, That the Local Government (Auckland
Council) Bill be considered by the Auckland Governance Legislation Committee, and
that the committee report finally to the House on or before 4 September 2009.
Ayes 64
New Zealand National 58; ACT New Zealand 5; United Future 1.
Noes 51
New Zealand Labour 42; Green Party 5; Māori Party 4.
Motion agreed to.
The ASSISTANT SPEAKER (Hon Rick Barker): I take this opportunity to wish
members safe travel home. Nō reira, tēnā koutou, tēnā koutou. Pō mārie.
The House adjourned at 9.42 p.m. (Saturday)