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3694 Local Government (Auckland Reorganisation) Bill 16 May 2009 amendments seek to amend substantially another Act, and therefore could change the bill into an omnibus bill; the amendment is therefore out of order. I refer the member to Standing Orders 256 and 257. The next amendment in the name of Sue Kedgley is to insert a new Part 4, “Auckland Rail Transport Transition”. This amendment is outside the scope of the bill, as the bill deals with governance, not operational aspects and targets. Sue Kedgley: I raise a point of order, Mr Chairperson. I do not want to challenge your ruling, but— The CHAIRPERSON (Lindsay Tisch): Could I read them through first, and then I will give the member the opportunity to take a point of order. The next amendment is to insert a new Part 4, “Transport Funding Transition”. This amendment is also outside the scope of the bill as the bill deals with governance, not operational aspects and targets. The next amendment is to insert a new Part 4, “Amendments to the Land Transport Act 1998”. This amendment is also outside the scope of the bill as the bill deals with governance, not operational aspects and targets. The next amendment is to insert a new Part 4, “Transition Cost Recovery Plastic Bag Levy”. This amendment is outside the scope of the bill, as the bill deals with governance, not operational aspects and targets. The next amendment is to insert a new Part 4, “Cruelty Free Auckland Ports”. This amendment is outside the scope of the bill, as the bill deals with governance, not operational aspects and targets. The next amendment inserts a new Part 4 amending— Hon Trevor Mallard: I raise a point of order, Mr Chairperson. Could you make clear whether these are still Sue Kedgley’s amendments? The CHAIRPERSON (Lindsay Tisch): Yes, they are. The next amendment inserts a new Part 4 amending the Overseas Investment Act 2005. This amendment is out of order, as it proposes a substantive amendment to another Act. The next amendment inserts a new Part 4 headed “Transition to Sustainable Investment”. Part 3 of the bill sets up a transitional agency, and all provisions relating to it are logically found there. The proposed amendment is more fairly associated with Part 3. Part 3 has been dealt with by the Committee, so the amendment is therefore out of order. The next amendment inserts a new Part 4 headed “Transitional Agency Civil and Political Rights”. Part 3 of the bill sets up a transitional agency, and all provisions relating to it are logically found there. The proposed amendment is more fairly associated with clause 13, in Part 3. Part 3 has been dealt with by the Committee, so the amendment is therefore out of order. Those are the amendments in the name of Sue Kedgley that I have ruled out of order. SUE KEDGLEY (Green): I raise a point of order, Mr Chairperson. I cannot understand how you can rule that this bill deals only with substantive amendments and does not deal with operational amendments, when the bill deals with incredibly detailed operational matters. You need only to look at clause 31, which says the councils are not allowed even to enter into a contract of more than $5,000 without the approval of the Auckland Transition Agency. Very, very detailed operational matters are outlined in other parts of the bill. I cannot understand how it can be argued that the bill does not deal with operational matters, when, in fact, the whole bill is full of them. The CHAIRPERSON (Lindsay Tisch): My interpretation in my ruling relates to the preliminary provisions of the bill. They set out very clearly that the bill is about structure and governance, and not about operational matters. My ruling is based on the preliminary provisions of the bill before us—the clauses associated with those. That is my ruling. SUE KEDGLEY (Green): I raise a point of order, Mr Chairperson. I really am struggling to understand this. I think this is a pretty important point. The bill is riddled with operational matters. In fact, you could argue that much of the bill is about not
16 May 2009 Local Government (Auckland Reorganisation) Bill 3695 structural issues but, indeed, very detailed operational matters, such as whether someone may borrow money, whether a council may contract for something worth more than $5,000, or whether a council can appoint a director of a council-controlled organisation. They are very, very detailed provisions. I wonder whether it would be possible to recall the Speaker to get his ruling on the matter; otherwise, a lot of our very sensible amendments, which we have put a lot of effort, work, and time into, and which we feel cover important strategic issues, are going to be ruled out. The CHAIRPERSON (Lindsay Tisch): I thank the member for those comments. [Interruption] Could that cellphone please be turned off. I thank the member for stating her position. As I have said, I have ruled the amendments out of order because they deal with operational matters. They are not debatable. Are you seeking to recall the Speaker? I invite you to do so. SUE KEDGLEY (Green): I would like to move that we ask the Speaker to come here and give his opinion on this significant issue. Hon TREVOR MALLARD (Labour—Hutt South): I raise a point of order, Mr Speaker. Can I have a go, Mr Chairperson? I do not think we have a proper motion before us. I am prepared to move it. The CHAIRPERSON (Lindsay Tisch): I think it is important that the person who is sponsoring the amendments recalls the Speaker. Hon Trevor Mallard: I thought any member could move it—to get it right. The CHAIRPERSON (Lindsay Tisch): I thank the Hon Trevor Mallard for his help, but I think it is appropriate that the person sponsoring the amendments have the opportunity to recall the Speaker. SUE KEDGLEY (Green): I move, That the Speaker be recalled to consider this important issue. Motion agreed to. House resumed. Speaker Recalled The CHAIRPERSON (Lindsay Tisch): I have ruled out of order a number of amendments in the name of Sue Kedgley. In my opinion they are operational matters. The Local Government (Auckland Reorganisation) Bill is about structure and governance, and the amendments proposed by Sue Kedgley are operational matters. I ruled that the amendments are outside the scope of the bill. There are a number of them, and I will not go through them in detail. It is my view that they fall outside the scope of the bill because they are operational. Some of them look to amend other Acts, and that is inappropriate. I have ruled accordingly. SUE KEDGLEY (Green): Thank you very much, Mr Speaker, for coming back to the Chamber. I did not call you back lightly; I think an important precedent has just been set. There is a worry that the interpretation given by the Chairperson could be used as a way to prevent consideration of many of the Greens’ amendments, which we spent considerable time and effort working on and which we felt were well within the scope of the bill. I am particularly concerned about the ruling that the Committee cannot consider those amendments because this bill deals only with matters of structure and not with operational matters. In fact, clauses 30 and 31, for example, deal entirely with operational matters. I do not think there is anything more operational than, in clause 31(3)(i), whether a council can enter into a contract “the consideration for which is … $5,000 or more:”. I do not think there is anything more operational than, in clause 31(3)(m), whether a council is allowed to appoint “a director of a council-controlled
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HIPKINS, CHRIS— Bills— Local Go
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