Parliamentary Debates (Hansard) - New Zealand Parliament

16 May 2009 Local Government (Auckland Reorganisation) Bill 3697
assessment that the Chair was on very good ground in making his rulings. But, more
important, I make it very clear that on matters of relevance the Chair is the sole judge. I
refer members to Speakers’ rulings 78/1-3. Those Speakers’ rulings go back 100 years.
They are some of the few Speakers’ rulings in our Speakers’ Rulings that go back that
far, and they have been reiterated every few years many times. Speaker’s ruling 78/3
states: “It is bordering on an inappropriate use of the undoubted right to recall the
Speaker to do so on the ground of relevance,”. So where the Chair has made a judgment
on the issue of relevance and scope, the Speaker cannot overturn that judgment. I have
taken the first step of saying that I believe that the Chair has acted on very sound
ground, but 100 years of Speakers’ rulings make it very, very clear that the Speaker
cannot overturn the judgment of the Chair on those matters.
Debate resumed.
In Committee
The CHAIRPERSON (Lindsay Tisch): There is a further series of transcript
amendments in the name of Jeanette Fitzsimons to insert a new Part 4. The first of those
proposes to insert new Part 4, “Transition Towards Greater Climate Protection:
Amendment to the Resource Management Act 1991”. That 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, “Transition to Simplified and Streamlined
Dog Control: Amendment to the Dog Control Act 1996”. That amendment is also
outside the scope of the bill, as the bill deals with governance, not operational aspects.
There is a further amendment in the name of Keith Locke to insert new Part 4,
“Transition Agency Liquor Advertising (Television and Radio)”. That amendment is
also outside the scope of the bill, as the bill deals with governance, not operational
aspects.
There is a further amendment in the name of the Hon George Hawkins to insert a
new Part 8, “Local Councils”, which would establish local councils. That amendment is
out of order as being inconsistent with the decision made by the Committee last night.
Hon Trevor Mallard: What?
The CHAIRPERSON (Lindsay Tisch): The member will have an opportunity to
contribute by way of a point of order when I finish.
There is a further amendment in the name of Moana Mackey to insert a new part 63,
“Special Provisions relating to the continuation of obligations in Part 7 of the Local
Government Act 2002”. But Subpart 2 of Part 3 of the bill dealt with that issue. Part 3
was dealt with by the Committee. That amendment is therefore out of order.
There is a further amendment in the name of Carol Beaumont to insert a new Part
163, “Special Provisions relating to the Electoral Act 2001 to apply while this Act is in
force”, which relates to the Electoral Act and its application to this legislation. Clause 6,
in Part 1 of the bill, dealt with that issue. Part 1 has been dealt with by the Committee.
That amendment is therefore out of order.
A further amendment in the name of Jacinda Ardern to insert a new Part 32,
“Establishment of transitional consultative councils” is out of order as it sets up another
body. The bill sets up one body.
There are further amendments in the name of the Hon George Hawkins to insert a
new Part 23, “Special Provisions relating to the Papakura District Council”, and a new
Part 24 “Special Provisions relating to the Franklin District Council”. Those
amendments are out of order as the bill deals with a specific Government structure
across all of Auckland.