Parliamentary Debates (Hansard) - New Zealand Parliament

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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)
Index to 13 May 2009 (continued on 16 May 2009) EXPLANATION OF ABBREVIATIONS 1R—First Reading 2R—Second Reading 3R—Third Reading CWH—Committee of the whole House S.O.P.—Supplementary Order Paper BILLS Legislation is listed under BILLS. The name of an originating bill that has been divided into separate bills is shown in italics after the names of the new bills. QUESTIONS FOR ORAL ANSWER Questions are listed under QUESTIONS FOR ORAL ANSWER by ministerial portfolio. BEAUMONT, CAROL— Bills— Local Government (Auckland Council) Bill, 1R 3749 Local Government (Auckland Reorganisation) Bill, CWH 3633, 3690, 3710 BILLS— Local Government (Auckland Council) Bill, 1R 3733 Local Government (Auckland Reorganisation) Bill, CWH 3621; report progress to take Speaker’s ruling 3664; CWH 3666; report progress to take Speaker’s ruling 3695; CWH 3697; name changed to Local Government (Tamaki Makaurau Reorganisation) Bill 3718 Local Government (Tamaki Makaurau Reorganisation) Bill, name changed from Local Government (Auckland Reorganisation) Bill 3718; 3R 3718 BLUE, Dr JACKIE— Bills— Local Government (Auckland Council) Bill, 1R 3748 ______________________________________ BROWNLEE, Hon GERRY— Bills— Local Government (Auckland Reorganisation) Bill, report progress to take Speaker’s ruling 3665; CWH 3685, 3687; report progress to take Speaker’s ruling 3696 Points of Order— Call— Allocation, 3648 Committee of the Whole House— Length of Debate, 3675 Postponement of Provision by Minister After Closure Motion Moved, 3700 Serious or Vexatious Amendments, 3660 CARTER, Hon JOHN— Bills— Local Government (Auckland Council) Bill, 1R 3737, 3754 Local Government (Tamaki Makaurau Reorganisation) Bill, 3R 3722 Points of Order— Committee of the Whole House— Postponement of Provision by Minister After Closure Motion Moved, 3699 Scrutiny of Amendments by Clerk’s Office, 3716
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