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3700 Local Government (Auckland Reorganisation) Bill 16 May 2009 Hon TREVOR MALLARD (Labour—Hutt South): I raise a point of order, Mr Chairperson. Can I just get absolute clarity here. My recollection—and I am absolutely clear on this—is that Mr Barker, when in the Chair, had not accepted the closure motion. He had not said he was going to put the question, and he had not started to put it. Many of us are of the view that it would have been better if he had put the question, but that is not the case. He was thinking about whether he was going to accept the motion. He had not accepted it in terms of the Standing Orders and Speakers’ rulings. Therefore, the parts that are being lodged now are valid. Hon GERRY BROWNLEE (Leader of the House): I do not think it would be too hard to go directly to Hansard to clear up this matter. My clear recollection is that Mr Barker said the words “The question is that the question be now put.” At that point, Mr Hide raised a point of order to suspend the proceedings. Once the suspension has been lifted, clearly we should go back to the point at which the Chair was about to proceed with the vote. I do not think there is a question about whether the Chair intended to take the motion. He, in fact, accepted the closure motion and was in the process of putting the question. Hansard will show that the words “The question is that the question be now put.” were uttered. Mr Hide’s postponement at that point means that, naturally, we would go back to that point once the suspension has been lifted. Hon TREVOR MALLARD (Labour—Hutt South): I do not feel any need to go back to Hansard at this point. My recollection is different from that of Gerry Brownlee. I know that Gerry Brownlee is an honourable member, and I am prepared to accept his word. If that was what happened—I cannot remember it—then I accept his word that that was the case. The CHAIRPERSON (Lindsay Tisch): I have been advised that the closure motion was still live. That was where the debate on new Part 5 was postponed. We now come back to the position where the Hon Darren Hughes moved the closure motion. We will continue from that point. New Part 5 Mechanisms to ensure representation of Maori, Pacific and Ethnic groups in the reorganisation of the Auckland Council (continued) The CHAIRPERSON (Lindsay Tisch): I put the closure motion on Part 5. Motion agreed to. The question was put that the following amendment in the name of the Hon Rodney Hide to the amendment to add new Part 5 in the name of the Hon Parekura Horomia be agreed to: to omit clause 71. A party vote was called for on the question, That the amendment to the amendment be agreed to. Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1. Noes 43 New Zealand Labour 32; Green Party 7; Māori Party 4. Amendment to the amendment agreed to. The CHAIRPERSON (Lindsay Tisch): There are a number of amendments in the name of the Hon Parekura Horomia. These are ruled out of order as they are inconsistent with the previous decision of the Committee. Hon TREVOR MALLARD (Labour—Hutt South): I raise a point of order, Mr Chairperson. I have obviously just got a copy of the Minister’s amendment, and I
16 May 2009 Local Government (Auckland Reorganisation) Bill 3701 wanted to test with you whether in fact these are inconsistent or whether both could happen. Clearly, there is a review to be set up in the name of the Minister. That is correct; there is no doubt about that. But the question then is whether there can also be the reviews that are set up according to the amendments in the name of Parekura Horomia. The CHAIRPERSON (Lindsay Tisch): I think you are looking at a further amendment, and not the one that I have— Hon Trevor Mallard: I am sorry. Which one have you put? The trouble is that we cannot tell which of the Minister’s amendments you are referring to. The CHAIRPERSON (Lindsay Tisch): The Minister’s amendment we just voted on is this one here. Hon Trevor Mallard: The short one. The CHAIRPERSON (Lindsay Tisch): And that is tabled. So that is the amendment we have just voted on. The question was put that the following amendment in the name of the Hon Rodney Hide to the amendment to add new Part 5 in the name of the Hon Parekura Horomia be agreed to: to omit clause 72. A party vote was called for on the question that the amendment to the amendment be agreed to. SUE KEDGLEY (Green): I raise a point of order, Mr Chairperson. Just for clarity, so that we are quite clear what we are voting on, could we have clarified as to what this clause 72 is. I cannot seem to find it. Hon TREVOR MALLARD (Labour—Hutt South): Can I assist the member—and it might mean that we need another minute or two for the member to have a look at it. It is part of the Horomia amendment to add new Part 5. If one can find it amongst the papers, that is where it is. The CHAIRPERSON (Lindsay Tisch): Thank you for that. This is the amendment that we are referring to. It is tabled. A party vote was called for on the question, That the amendment to the amendment be agreed to. Ayes 64 New Zealand National 58; ACT New Zealand 5; United Future 1. Noes 44 New Zealand Labour 32; Green Party 8; Māori Party 4. Amendment to the amendment to the amendment agreed to. The CHAIRPERSON (Lindsay Tisch): The following amendments in the names of Carmel Sepuloni, Kelvin Davis, the Hon Mita Ririnui, Jacinda Ardern, and Dr Ashraf Choudhary are out of order, as they are inconsistent with a previous decision of the Committee. The question was put that the following amendment in the name of the Hon Rodney Hide to the amendment to add new Part 5 in the name of the Hon Parekura Horomia be agreed to: to add the following new clause: 72A Representation (1) Despite any other provision—
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