precedent manual done - parliament of victoria€¦ · ind 2 precedent manual: index 16 july 2004...

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Precedent Manual: Index 16 July 2004

NEW

ZEALAND

HANSARD

PRECEDENT

MANUAL

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ABOUT THIS MANUAL The Precedent Manual shows how procedural events in the House appear in the Hansard report. It does not include events in Committee of the whole House on bills; they are covered by the Committee Manual. This manual is concerned with structure and layout rather than text - see the Style File for information on that. NB: The ways in which the House chooses to deal with procedural matters are many and varied. The

Precedent Manual might not contain an exact illustration of what you are looking for; you might have to scan several examples and take parts from each of them. The wording within examples may not always apply.

The contents of each section and, if applicable, its subsections, are included in CONTENTS at the front of the manual. At the front of each section the CONTENTS lists the examples in that section. Most sections also include box(es) containing background information; these boxes are situated at the front of the section and/or at the front of subsections. The examples appear in a column format. The left-hand column is an illustration of how the event should appear in Hansard; the right-hand column contains a description of it, and further explanation if necessary. At the end is an index.

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INDEX

Absence of Minister see Minister not present Abstention/s ..........................................................VOT3-4 Acting Minister answers question.......................... QUE5 Address in Reply Amendment/s to motion ......................................................... OP12 voted on at ending of debate ........................... OP12 Debate resumes..................................................... OP11 Ending for each day’s debate....................................... OP11 for primary motion .......................................... OP12 First speaker.......................................................... OP11 Heading................................................................. OP11 Motion that address in reply be presented to Governor-General ........................................... OP12 Queen .............................................................. OP15 Reply entered in Journals ..........................OFF4, OP13 Seconder ............................................................... OP11 Speaker announces address in reply presented to Governor-General ........................................... OP13 Queen .............................................................. OP17 Speaker reads text of address in reply to Governor-General .......................................... OP12 Queen .............................................................. OP17 Vote/s on amendment/s......................................... OP12 Address—Officers of Parliament ..................................... see Officers of Parliament Address—Special...............see Special address to Queen Adjournment debate Amendment ......................................................... DEB7 No valedictories................................................... DEB8 Resumption date not specified............................. DEB8 Resumption date specified................................... DEB7 Valedictories........................................................ VAL2 Vote on amendment............................................. DEB7 Vote on motion .................................................... DEB7 Adjournment of debate Agreed to ............................................................. DEB9 At end of urgency ................................................ DEB9 Not agreed to ....................................................... DEB9 Vote ..................................................................... DEB9 Adjournment of House..................... see House adjourns Admission to Chamber, lobbies, and galleries ......GR2 Adoption Address in reply.................................................... OP12 Standing Orders amendments ...............................STO2 Amended answer to question Leave declined................................................... QUE13 Ministerial statement ......................................... QUE13 Personal explanation......................... PEX7; QUE13-14 Point of order ..................................................... QUE14 Amendments recommended by select committee Agreed to Not agreed to ........................................................LEG8 Vote ......................................................................LEG7

Amendment/s to motion Address in reply ....................................................OP12 Adjournment debate .............................................DEB7 Appointment of Deputy Speaker .............................AP2 Budget Statement .................................................... FP8 Business carried forward....................................OPB16 Imprest Supply Bill ................................................. FP4 Referral of S.O.P. to select committtee ................ SC13 Sittings ...............................................................OPB14 Vote—primary motion ........................................ VOT5 Vote—more than one .......................................... VOT5 Amendments to resolutions ..................................... RES3 Amendments to Standing Orders .......................... STO2 Answer to question Acting Minister ................................................... QUE5 Amended ................ see Amended answer to question Associate Minister .............................................. QUE5 Editing................................................................. QUE1 Minister warned about answer ............................ QUE6 On behalf of Minister .......................................... QUE5 On behalf of member........................................... QUE5 Question to member ............................................ QUE5 Standard format ................................................... QUE4 Supplementary question ...................................... QUE4 ruled out of order ........................................... QUE6 Applause .................................................................... VIS2 Appointments (see also Membership) Assistant Speaker ....................................................AP2 Auditors (Officers of Parliament)......................... OFF4 Deputy Speaker .......................................................AP2 Governor-General—mentioned in House................AP4 Intelligence and Security Committee ......................AP4 More than one motion at same time ........................AP3 Officer/s of Parliament ........................................ AP2-3 Other body associated with Parliament ...................AP3 Parliamentary Service Commission ............ OP10; AP5 Select committee/s............................................... SC3-5 Standing Orders Committee ................................. STO2 Appropriation Bill and Imprest Supply debate ...................................... FP5 Budget Statement ...................... see Budget Statement Estimates ................................................. see Estimates Financial Reviews .....................see Financial Reviews Supplementary Estimates ................................ see Supplementary Estimates Appropriations—Officers of Parliament ......................................see Officers of Parliament Assistant Speaker Appointment....................................... AP2; OP9; SPK4 References to........................................................ SPK6 Associate Minister answers question ..................... QUE5 Authority to administer oath .....................................OP8 Ballot for members' bills .......................................OPB15

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Beginning of day On ringing of bell ...................................................BD2 Standard..................................................................BD2 Urgency ..................................................................BD2 Bell not rung Chairperson raises question ................................. MSP2 Member raises question ....................................... MSP2 Presence of Minister ............................................ MSP2 Bill Committee stage .. see Committee of the whole House Committee stage omitted ....................... see Committee of the whole House Consideration of report ...see Consideration of reports Discharge........................................LEG10, 22; OPB12 Divided by Committee into up to three bills ......................................LEG14 into four or more bills ...................................LEG16 into seven bills, followed by third readings of two bills then five bills ....................................................LEG18 Divided by S.O.P. without Committee stage ......OPB11 Extension of reporting time .................................. SC15 First reading....................................... see First reading Four or more bills taken together.................. LEG16-18 Instruction to Committee ....................................LEG21 Instruction to select committee ...........................LEG21 Interruption between two stages .........................LEG20 Member’s........................................see Members’ bills More than one stage at same time................. LEG19-20 Motion moved on behalf of Minister ................LEG6, 8 Name changed by select committee......................LEG8 Order of business ............................................ OPB8-13 Postponed ...........................................................OPB12 Private.............................................see Members’ bills Recommittal .......................................................LEG21 Referral to select committee ................................ LEG5 Referred back to select committee......................LEG25 Referred to second select committee ..................LEG25 Renamed ...............................................................LEG8 Report of select committee ............................................ ..................................see Consideration of reports Rescission ...........................................................LEG23 Second reading .............................. see Second reading Stages follow on without interruption ................LEG19 Stages—more than one at same time............ LEG19-20 Supplementary Order Paper........................................... .......................... see Supplementary Order Paper Taken together—two or three....................... LEG14-15 Taken together—four or more ...................... LEG16-18 Third reading ................................... see Third reading Bill of Rights Act compliance ..................................LEG6 Budget debate ................................see Budget Statement Budget documents presented......................................FP8 Budget speech ..............................................................FP8 Budget Statement First reading.............................................................FP8 Committee stage ......................................see Estimates Second reading (includes Budget speech) ...............FP8 Subsequent debate ...................................................FP8 Third reading .........................................................FP10 Budget Policy Statement ............................................FP6 Business carried forward .......................................OPB16 Business Committee

Bill to go through more than one stage .........LEG19-20 Business of the House Business Statement..................see Business Statement Carried forward .............see Business carried forward Debate interrupted ..............................................OPB10 House debates procedure....................................OPB13 Members' bills ................................ see Members’ bills Leave to vary order of business bill.............................................................. OP11-12 more than three bills .......................................OPB9 other than bill...................................................OP10 separately re two bills .....................................OPB9 up to three bills ...............................................OPB9 Order of business motion to vary.................................................OPB8 Order of the day discharged.....................................................OPB12 postponed......................................................OPB12 Point of order—Clerk reading order of the day..OPB13 Procedure—leave sought to vary .........................OPB8 Question time during urgency—leave sought ......OPB9 Sittings ..................................see Sittings of the House Weekly statement ....................see Business Statement Urgency..................................................... see Urgency

Business Statement Weekly statement .................................................OPB4 Given by Minister not Leader of the House .........OPB4 Call Point of order.................................................... POO5-6 Yielding..................................................................YD2 Call for Minister to be present................................MSP2 Chairperson—Committee of the whole House Raises question that Minister not present .............MSP2 References to........................................................ SPK6 Speaker recalled ................................................... SPK5 Chairperson—select committee Answers question to member .......................... QUE1, 5 Estimates debate...................................................FP6-8 Financial review debate......................................... FP11 Guidelines for chairpersons...................................SC15 Performance reviews ........... see Debate on Crown etc. Change of leadership .................................................MS2 Citizens initiated referenda .....................................CIR2 Clerk of the House Commission opening...............................................OP3 Election of Speaker .................................................OP5 Members sworn/affirmed ........................................OP4 Presents reports .......................................................SC9 Retirement ............................................................ RET2 Closure motion Business carried forward....................................OPB17 Declined ..................................................................CL2 Standard/accepted....................................................CL2 Vote.........................................................................CL2 Commission opening Commisioners take their places...............................OP3 Members sworn or affirmed ....................................OP4 Election of Speaker ..................................... OP5; SPK3 Committee of the whole House ................................COM Amendments to Standing Orders ......................... STO2

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Divides bill into three bills .................................LEG14 Divides bill into four or more bills .....................LEG16 Estimates.............................................................FP9-10 Financial Reviews..................................................FP14 Immediately follows second reading ..................LEG19 Instruction to.......................................................LEG21 Omitted bill divided by S.O.P. without Committee stage ......................................................................OPB11 leave sought ............................................ OPB11-12 Speaker recalled....................................................SPK5 Supplementary Estimates.......................................FP13 Urgency—beginning of day when Committtee continues ......................................................................BD2 Committee on bill Setting up special select committee ........................ SC5 Committee—Abortion Supervisory etc. ................. COM Confirmation of Speaker ................................OP6; SPK3 Consideration of report Bill—interim report ................................................ SC9 Bill and S.O.P—interim report ............................. SC10 Interim report.............................................SC10; PRV3 Privileges Committee .......................................PRV3, 5 Privileges Committee—interim report................. PRV4 S.O.P. and bill—interim report............................. SC10 Special report........................................................ SC10 Correction to voting list .......................................... VOT6 Crown entities, public organisations, and State enterprises Debate on...............................................................FP16

Death see Obituaries Debate—adjournment..............see Adjournment debate Debate interrupted Interrupted ......................................................... DEB10 Sitting suspended..................................... SIT4; DEB11 End of day.............................................................. SIT6 Debate interrupted then resumed For ministerial statement ..................................... MS3 For naming and suspension of member .............. WNS4 For point of order................................................. POO7 For procedural matter .........................................OPB10 For recall of Speaker.............................................SPK5 Debate on Budget Policy Statement ...........................FP6 Debate on Crown entities, public organisations, and State enterprises ...........................................FP16 Debate on foreign affairs ........................................ DEB5 Debate on Prime Minister’s Statement................ DEB13 Debate on specific topic........................................... DEB5 Debate resumed Address in reply.................................................... OP11 Beginning of day in urgency...................................BD2 Budget debate ..........................................................FP8 Different day...................................................... DEB10 Different year..................................................... DEB10 Estimates debate ......................................................FP8 Financial Review debate........................................FP15 Prime Minister’s Statement ............................... DEB13 Same day ........................................................... DEB10 Third readings—four or more bills .....................LEG12 Debates—adjourned ............. see Adjournment of debate Debates—closure of ........................... see Closure motion

Debates—general ............................. see General debates Debates—special see Special debates

Debates—urgent.................................see Urgent debates Declaration of pecuniary interest ........................... PEC2 Default...............................................see Discharge of bill .......................... see Discharge of order of the day Deputy Speaker Appointment....................................... AP2; OP9; SPK4 References to........................................................ SPK6 Discharge of bill After order of day called ....................................LEG22 By default .....................................................LEG11, 23 Motion to discharge bill .....................................LEG22 Discharge of order of the day By default ...................................... OPB10; LEG 10, 20 Matter other than bill..........................................OPB11 Motion to discharge............................................LEG10 Motion to discharge after order of day called.....LEG20 Division/s............................................................ see Vote/s Document/s presented........see Presenting of documents Document/s tabled...................see Tabling of documents Earthquake ............................................................... EAF2 Editing questions.................................................. QUE1-2 Election of Speaker Confirmation ............................................... OP6; SPK3 Election ................................................................ SPK3 Emergency ................................................................ EAF2

Endings Address commending appropriations ................... OFF2 Address in Reply—ending for primary motion.....OP12 Address in Reply—ending for each day’s debate .........................................................................OP11 Adjournment debate at end of sitting ...................DEB7 Amendments to resolutions setting up select committees ....................................................................SC6 Answer to suppplementary uestion ruled out of order.... .................................................................................. QUE6 Bill discharged ...................................................LEG23 Budget debate (after reading of Budget speech) ..... FP8 ending of each day’s debate............................... FP8 ending at conclusion of total time for debate..... FP8 Consideration of interim report ............................SC10 Debate runs out of time ........................................DEB8 Documents tabled..................................................... TD Election of Speaker .............................................. SPK3 Estimates debate ending of day’s debate ....................................... FP9 ending of debate on vote.................................... FP9 ending of total time for debate........................... FP7 Foreign affairs debate .........................................DEB5 General debate......................................................DEB2 House rises—debate interrupted ............................SIT6 Majority amendments of select committee........LEG7-8 Motions—one ending immediately followed by another .....................................................................CL2 Name of bill changed by select committee...........LEG8 Naming of member..............................................WNS4 Order of day discharged by default bill.................................................................OPB12

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other ..............................................................OPB12 Question put, then ending to motion....................... CL2 Referral to Privileges Committee by leave .......... PRV6 Resolution rescinded.............................................RES2 Second reading .....................................................LEG7 and subsequent stages ............................. LEG19-20 leave sought to vary order of business ..........OPB11 more than one bill ...........................................LEG9 three bills taken together ...............................LEG14 Speaker recalled....................................................SPK5 Speaker suspends sitting ........................................ SIT5 Specific debate..................................................... DEB5 Standing Orders amendments—Committee .........STO2 Tabling of document/s .........................................TD3-4 Tabling of speech notes ..........................................TD4 Third reading ......................................................LEG12 three bills taken together—no vote ...............LEG14 three bills taken together—separate votes.....LEG15 three bills taken together—votes on all.........LEG15 more than three bills taken together ..............LEG16 Urgent debate....................................................... DEB3 Visitor/s .................................................................VIS2

End of day End of urgency....................................................... SIT7 House rises............................................................. SIT6 Leave sought to rise early ..................................... SIT6 Overnight suspension under urgency..................... SIT5 Estimates ......................................................................FP6 Budget debate (second reading)........................... FP8-9 Debate (Committee stage) ..................................FP9-10 Third reading .........................................................FP10 Extension of reporting time ..................................... SC15 Extraordinary urgency ..........................................OPB12

Financial debates see Financial Procedures Financial procedures Budget Policy Statement..........................................FP6 Budget and Estimates .........................................FP8-10 Debate on Crown Entities, Public Organisations, and State Enterprises ...................................................FP16 Financial Reviews.............................................FP14-15 Financial Vetoes ...................................................VET2 Imprest Supply Bill.............................................. FP3-5 Supplementary Estimates..................................FP11-13 Financial Reviews Debate (second reading) ........................................FP14 Debate resumed .....................................................FP15 Introduction ...........................................................FP14 Third reading .........................................................FP14 Financial veto............................................................VET2 Fire/Fire drill ............................................................EAF2

First reading Ending if not agreed to ................................................LEG5 standard...........................................................LEG5 Local bill...............................................................LEG5 Member’s bill .......................................................LEG6 Motion on behalf of Minister.......................................LEG6 standard...........................................................LEG5 Private bill ............................................................LEG5

Referred to select committee ................................LEG5 amendment to motion .....................................LEG6 motion on behalf of........................................LEG5 Vote......................................................................LEG5 Gallery rules ............................................................... GR2 General Debates Beginning and ending...........................................DEB2 Government notice of motion Response of members omitted/included...............LEA1 Bill..........................................................................MT2 Referral of report to select committee ....................MT3 Governor-General—appointment mentioned in House ...........................................................................AP4 Guidelines for Chairpersons ....................................SC16 Haka ...................................................................... MAO3 House adjourns End of state opening after commission opening....OP10 End of day .......................................................... SIT6-7 End of sitting—no valedictories....................... DEB7-8 End of sitting—valedictories............................... VAL2 End of urgency ...................................................... SIT7 Interrupts member ..................................................SIT6 Leave sought to rise early.......................................SIT6 Minister moves.....................................................DEB8 Until ringing of bell................................................SIT7 House resumed Speaker recalled ................................................... SPK5 To vote on adopting Committee report ............... VOT7 Imprest Supply Bill Amendment ............................................................. FP3 First reading ............................................................ FP3 Debate (second reading).......................................... FP3 Debate (second reading) and third reading of Appropriation Bill, with amendment ............................ FP3 Debate (second reading) resumed ........................... FP3 Third reading........................................................... FP3 Vote on amendment moved during debate .............. FP4 Inquiries Motion to extend reporting time............................SC15 International Treaties Consideration of report..........................................SC10 Instruction to Committee of the whole House .....LEG21 Instruction to select committee .............LEG21; SC11-12 Intelligence and Security Committee ........... COM; AP4 Interim report—consideration of ........................ SC9-10 Interpretation—Māori .......................................... MAO2 Interpretation—member’s own ..............................OTL2 Interruption and resumption of debate For naming and suspension of member...............WNS4 For point of order .................................................POO7 For procedural matter .........................................OPB10 For recall of Speaker ............................................ SPK5 Interruption between two stages of a bill .............LEG20 Interruption of question time ............................ QUE14

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Karanga...................................................................MAO3 Languages—other than Māori ................................OTL2 Leadership change..................................................... MS2 Leave Amended answer ....................................... LEA4; QUE Amended answer declined..............LEA6; PEX8; QUE Correct voting list ................................................ VOT6 Declined................................................................LEA6 Instruct select committee ......................................LEA3 Move motion without notice................... LEA4; MT5-6 Personal explanations—granted ....................... PEX3-4 Personal explanations—declined...................... PEX6-7 Rise early for dinner ................... LEA5; OPB5; SIT3-4 Seeking of leave omitted/included........................LEA1 Sitting hours..........................................................LEA3 Table document ........................................ LEA4, 6; TD Vary order of business ........................ LEA3; OPB9-12 Withdraw question............................................. QUE11 Legislation .............................................................. see Bill

Local bill First reading..........................................................LEG6 Second reading .....................................................LEG8 moved on behalf of member in charge............LEG8 Third reading ......................................................LEG12 moved on behalf of member in charge..........LEG12 Maiden speeches ....................................................... OP11 Maiden statement ..................................................... OP13 Māori language—Te Reo Chant...................................................................MAO3 Haka....................................................................MAO3 Interpretation given in House .............................MAO2 Karanga...............................................................MAO3 Member’s own interpretation .............................MAO2 Ministerial statement in ......................................... MS2 Prayers at beginning of day in Māori....... BD2; MAO3 Question on Order Paper in Māori......................MAO3 Voting .....................................................MAO4; VOT7 Waiata.................................................................MAO3 Meal breaks.............................................................SIT3-4 Meetings—select committees Meet outside prescribed times ................................ SC7 Meet overseas ......................................................... SC8 More than one motion............................................. SC8 Subcommittee meet outside prescribed times......... SC7 Members' bills First reading..........................................................LEG6 Leave for extra ballot..........................................OPB15 Second reading .....................................................LEG8 moved on behalf of member in charge............LEG8 Third reading ......................................................LEG12 moved on behalf of member in charge..........LEG12 Members’ motions—debate on .............................MT3-4 Member/s sworn/affirmed After election after initial swearing in ..................................... OP7 members sworn/affirmed .................................. OP4 Membership of select committees and other bodies.............................................................. SC3-6

Membership—Intelligence & Security Committee ..AP4 Minister not present Bell not rung.........................................................MSP2 Chairperson raises question..................................MSP2 Deputy Speaker raises question............................MSP2 Member raises question........................................MSP2 Points of order during/after call for Minister........MSP3 Speaker raises question ........................................MSP2 Minister tabling document under s.o. 362 ............... TD3 Ministerial statements After declined leave to make personal explanation...................................................................MS3 Amendment to answer............................................MS3 Beginning of day ....................................................MS2 Change of leadership..............................................MS2 Delivered in Māori .................................................MS2 Obituary........................................................ OB4; MS3 Standard..................................................................MS2 Misrepresentation ................................................... MSR2 Motions Adjourn debate .....................................................DEB9 Adjournment debate ......................................... DEB7-8 Amendment/s to ..............see Amendment/s to motion Closure ....................................................................CL2 declined by Speaker calling next member .........CL2 General debate......................................................DEB2 Government notice of motion.................................MT2 Member's notice of motion.....................................MT3 More than one moved at same time................OP9; SC4 “Motion agreed to.” not to be followed by “Motion agreed to.”.....................................................................CL2 Special debate................................................... DEB5-6 Urgent debate ................................................... DEB3-4 Withdrawal...................................see Discharge of bill .......................... see Discharge of order of the day With notice Government .................................................. MT2-3 leave declined ...................................................MT4 member's...........................................................MT3 vote ...................................................................MT4 Without notice congratulations to sports team ..........................MT5 leave declined ...................................................MT6 leave sought and granted ..................................MT5 seeking of leave included..................................MT6 Naming of member .................................................WNS4 New Zealand Bill of Rights compliance .................LEG6 No member rose .....................................................OPB11 Notice of motion ....................... see Motions—with notice Oath of Allegiance/Affirmation .................................OP4 Obituaries Formal .................................................................... OB2 Former member ...................................................... OB3 Former members—heading.................................... OB3 Ministerial statement .................................... MS3; OB4 Other public figure ................................................. OB3 Raised as point of order.......................................... OB2 Officers of Parliament

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Address to Governor-General............................OFF2-3 Appointment ........................................................AP2-3 Appointment of Auditors......................................OFF4 Reply—entered in Journals...................................OFF3 Retirement ............................................................RET3 Speaker announces address presented ...............OFF2-3 On behalf Bills ................................................................LEG8, 12 Motion to refer bill to select committee................LEG5 Questions ............................................................. QUE5 Opening of Parliament Address in Reply ........................ see Address in Reply Commission opening ...........see Commission opening State opening ............................................................................................................................................................................... see State op ..........................see State opening at beginning of session—Governor-General see State opening at beginning of session—Queen Order of Business Varied ................................................. LEA3; OPB8-12 Order of the day Discharged..............see Discharge of order of the day Point of order re Clerk reading out ....................OPB13 Postponed ...........................................................OPB12 Urgency ..............................................................OPB14 Order Paper Government notice of motion.............................MT2-3 Member's notice of motion .................................... MT3 Urgency ..............................................................OPB14 Other Languages ......................................................OTL2 Party vote ................................................................. VOT3 Pecuniary interest ....................................................PEC2 Personal explanations Amended answer to question................................PEX8 Between debates ...................................................PEX4 Between speakers in debate, about that debate .....PEX3 seeking leave included ....................................PEX5 By member at beginning of his/her speech.........................PEX4 at end of his/her speech...................................PEX4 Leave declined......................................................PEX6 exercises right to make ministerial statement... MS3 Member makes explanation during question time........................................PEX8 after question time...........................................PEX8 Minister amends question during question time........................................PEX7 after question time...........................................PEX7 after question time—leave declined................PEX7 More than one member, same subject ..................PEX4 Ruled out of order.................................................PEX6 Seeking of leave omitted ..................................PEX3, 8 Start of day ...........................................................PEX3 Personal vote.........................................................VOT3-4 Petition Point of order raised re presentation .................... POO9 Referendum petition presented ..............................CIR2 Point/s of order After vote........................................................... POO10

Between debates—unrelated ................................POO7 Call ................................................................... POO5-6 Consecutive ..........................................................POO1 During procedural matter ............................... POO9-10 During vote............................................ POO10; VOT6 Editorial comment inserted ............................ POO9-10 End of speech .......................................................POO4 End of debate........................................................POO5 Heard in silence....................................................POO5 Incorrectly raised............................................................ ......... LEA6; MSR2; OPB8-9; PEX3; POO14; TD3 Incorrectly raised but reported as point of order ......................................................................POO14 Messages from Governor-General .....................POO10 Misrepresentation ................................................ MSR2 Minister not present.......................................... MSP2-3 More than one on same subject—unrelated to or between debates .........................................................POO8 Obituary.................................................................. OB2 Order of the day being read out..........................OPB13 Presentation of paper............................................POO9 Question time ............................................... POO11-12 Related to debate about call .................................................... POO5-6 at end of debate...............................................POO5 at end of speech ..............................................POO4 during speech..................................................POO4 member speaking responds.............................POO4 raised after call about call ...............................POO6 raised by member who has call.......................POO5 raised by member who had call ......................POO6 raised by member who then gets call..............POO5 speaking to the point of order .........................POO4 Supplementary question ruled out of order ......... QUE8 Table document leave granted.................................................POO13 leave sought outside debate—declined.........POO13 Unrelated to debate at end of debate...............................................POO7 more than one .................................................POO8 within debate...................................................POO7 Vote....................................................... POO10; VOT6 Postponed—order of the day for a bill .................OPB12 Prayers ........................................................................ BD2 Presentation of report......... see Consideration of report Presenting of documents Budget documents ................................................... FP8 Supplementary Estimates ...................................... FP11 Presiding Officers—references to ........................... SPK6 Primary motion—vote on Vote intervening debate.......................................... VOT4 no intervening debate..................................... VOT5 Vote/s on amendment/s ....................................... VOT5 Prime Minister Change of ...............................................................MS2 Prime Minister's statement Debate ................................................................DEB13 debate resumed .............................................DEB13 ending ...........................................................DEB13 Vote on motion...................................................DEB13 Private member’s bill ........................ see Members’ bills

IND 9


Privilege Alleged breach..................................................... PRV1 Consideration of report .....................................PRV3, 6 Interim report....................................................... PRV4 Motion without notice re recommendations of select committee .................................................................. PRV5 Possible referral—point of order ......................... PRV7 Speaker refers matter to Privileges Committee raised by member ........................................... PRV4 raised by Speaker ........................................... PRV3 Strangers .............................................................. PRV1 Procedure House debates procedure for special debate .......OPB13 Leave sought to vary order of the day bill discharged—no member rose .................OPB12 bill postponed................................................OPB12 other matter discharged.................................OPB12 Point of order—Clerk reading order of the day ..OPB13 Vary order of business bill/s .......................................................... OPB9-12 procedure........................................................ OPB8 Proxy vote ................................................................ VOT4 Question lapsed (see endings of subject, eg DEBATES) Questions Amended answer ... see Amended answer to question Answer.....................................see Answer to question Asked on behalf of............................................... QUE5 Beginning of question time.................................. QUE4 Editing ..............................................................QUE1-2 In Māori ..............................................................MAO3 Interruption & resumption of question time ...... QUE15 Personal explanations ...........................................PEX8 ...................see also Amended answer to question Points of order ............................. POO 11-12; QUE7-8 Postponed .......................................................... QUE11 Questions to members.......................................... QUE4 Chairperson answers ...................................... QUE5 Member absent............................................. QUE11 member absent—point of order raised ......... QUE11 Questions to Ministers ......................................... QUE4 Question time interrupted .................................. QUE15 Question time resumed ...................................... QUE15 Ruled out of order Minister’s answer to supplementary question QUE6 question........................................................ QUE11 supplementary question.................................. QUE6 Speaker comments on question about to be asked.......................................................... QUE6 Standard question and answer format .................. QUE4 Supplementary question ruled out of order.......... QUE5 Tabling of documents .....................................QUE9-10 To absent member—point of order raised ......... QUE11 Transferred for written answer .......................... QUE11 Urgent questions .................................................. QUE4 Withdrawn ......................................................... QUE12 leave sought and declined ............................ QUE12 Question Time—subheading .......................... QUE2, 6, 8 Recommittal of bill

Motion................................................................LEG21 Vote....................................................................LEG22

Referendum petition Presented to House ................................................CIR2 Referral of bill Back to select committee....................................LEG25 Different select committees...................................SC15 Second select committee ......................... LEG25; SC14 Select committee ..................................................LEG5 Referral of S.O.Ps to select committee .LEG23-24; SC13 Referral to Privileges Committee ...........................PRV3 Reporting date to select committee Extension of ..........................................................SC15 Rescission of resolution............................ see Resolutions Resignations.............................................................. RET4 Resolutions Amendments ........................................................ RES3 Rescission.................................................. RES2; SC16 Response ................................................................. RESP2 Retirements Clerk of the House................................................ RET2 Officer of Parliament............................................ RET3 Parliamentary staff member ................................. RET2 Rules of the gallery......................................... GR2; PRV1 Second reading Budget Statement and Budget Debate..................... FP8 Financial Review Debate ...................................... FP14 Imprest Supply Debate ............................................ FP3 and third reading of Appropriation Bill ............. FP3 Local bill ..............................................................LEG8 moved on behalf of .........................................LEG8 Member's bill........................................................LEG8 moved on behalf of .........................................LEG8 Moved on behalf of Minister................................LEG8 Not agreed to—ending .........................................LEG8 Not debated ..........................................................LEG9 Private member’s bill ...........................................LEG8 moved on behalf of .........................................LEG8 Second and third reading together........ LEG19; OPB10 Second and third reading—two bills ....................... FP5 Standard ending....................................................LEG7 Standard motion ...................................................LEG7 Standard vote........................................................LEG7 Supplementary Estimates ...................................... FP11 Three bills...........................................................LEG14 Two bills..........................................................LEG9-10 Vote bills taken together but only one divided on...LEG9 standard...........................................................LEG7 Select committee Abolition .................................................................SC6 Bill renamed .........................................................LEG8 Business Committee................................................SC3 Consideration of report...............see Consideration etc Expiry of select committee......................................SC3 Extension of reporting time...................................SC15 Guidelines for chairpersons...................................SC16 Instruction to ........................................LEA3; SC11-12 Officers of Parliament Committee........ see Officers etc Qualified membership .............................................SC6

IND 10


Recommittal of bill ...................... see Recommittal etc Referral of S.O.P. ......................................LEA3, SC13 Reporting date—extention of ............................... SC15 Report/s...................................... see Consideration etc Security & Intelligence Committee ............. AP4; COM Setting up after election—one motion................................ SC3 after election—separate motions............ OP10; SC4 amendment to resolution................................... SC6 during session.................................................... SC4 rescission of resolution/order ............................ SC6 select committee on bill .................................... SC5 special select committee.................................... SC5 Meetings ................. see Meetings—select committees Subcommittee ......................................................... SC3 Sessional orders ........................................................STO3

Sittings of the House Leave to rise early at end of day ............. OPB5-6; SIT6 Leave to rise early for dinner.................. OPB5; SIT3-4 Leave to rise until ringing of bell......................... OPB6 Motion to rise for adjournment................ DEB7; OPB6 amendment..................................................... DEB7 vote................................................................. DEB7 Motion to rise until ringing of bell ...................... OPB6 Sitting suspended........................................ OPB5; SIT3-5 S.O.P. .......................... see Supplementary Order Paper Speaker Election........................................................OP5; SPK3 Excuses himself as on committee to be established .................................................................... SC5 Confirmation................................................OP6; SPK3 Observations .........................................................SPK5 Raises question that Minister not present ............ MSP2 Recalled ................................................................SPK4 References to ........................................................SPK6 Rulings..................................................................SPK5 Statements.............................................................SPK5 Suspends sitting ..................................................... SIT5 Special address to Queen Motion to present a special address ...................... OP15 Speaker announces special address has been presented, and reads reply ............................... OP16 Speaker reads text of special address.................... OP15 Special debates Debate on member’s motion...................... DEB6; MT3 Debate on foreign affairs ..................................... DEB5 Debate on specific topic—motion to adjourn ....................................................... DEB5 to take note of the specific topic .................... DEB5 to take note of a definite matter of public importance................................................................. DEB6 Special report...................................................... SC10, 15 Standing Orders Appointment of committee ...................................STO2 House adopts amendments ...................................STO2 House goes into Committee to consider amendments................................................................STO2 Reference to in a point of order ........................... POO1 Sessional order/s ...................................................STO3 Standing Orders Committee Appointment .........................................................STO2 State enterprises .......................... see Crown entities, etc

State opening after a Commission opening Appointment of Assistant Speaker ................ AP2; OP9 Appointment of Deputy Speaker ................... AP2; OP8 Authority to administer oath....................................OP8 Confirmation of Speaker ............................. SPK3; OP6 Governor-General’s speech ...............................OP7 Member sworn or affirmed after initial swearing in....................................................................OP7 Members summond to hear Speech from the Throne...........................................................................OP7 Membership of Parliamentary Service Commission ...................................................... AP5; OP10 Setting up of select committes after election one motion ................................................SC3; OP9 separtate motions ......................................SC4; OP9 Speaker suspends sitting........................................OP10 State opening at beginning of session—Governor-General Address in Reply amendment/s to motion....................................OP19 amendment/s voted on .....................................OP19 debate resumed ................................................OP19 ending at each day’s debate .............................OP19 ending for primary motion...............................OP19 motion for presentation....................................OP19 Speaker reads text ............................................OP20 Speaker announces presentation ......................OP20 Members summoned .............................................OP18 Speaker suspends sitting........................................OP18 Speech ...................................................................OP18

State opening at beginning of session—Queen Address in Reply amendment/s to motion....................................OP17 amendment/s voted on .....................................OP17 debate resumed ................................................OP16 ending at each day’s debate .............................OP16 ending for primary motion...............................OP17 motion for presentation....................................OP16 Speaker announces presentation ......................OP17 Speaker reads text ............................................OP17 Members summoned .............................................OP14 Speaker suspends sitting........................................OP14 Special address to Queen motion for presentation....................................OP15 Speaker announces presentation ......................OP16 Speaker reads text ............................................OP15 Speech ...................................................................OP14 Stranger/s........................................................ GR2; PRV1 Supplementary Estimates Committee stage.................................................... FP13 Documents presented ............................................ FP11 First reading .......................................................... FP11 Imprest Supply debate dealt with at the same timeFP12 debate resumed ................................................ FP12 Suplementary Estimates (second reading)............. FP11 Third reading......................................................... FP13 Supplementary Order Paper Incorporated in bill .............................................OPB11 Leave for referral to select committee..................LEA3 Referred to select committee .................................SC13 amendment to motion ......................................SC13 Suspension of member ............................................WNS4 Suspension of sitting .............................................. SIT3-5

IND 11


Tabling of documents (see also Presenting of documents) During debate leave declined........................................ LEA6; TD4 leave granted ........................... LEA4; POO13; TD3 Minister required to table under s.o. 362 ..QUE10; TD4 Outside debate leave declined.......................... LEA6; POO13; TD3 leave granted .....................................................TD3 Point of order ............................................POO13; TD1 Presentation of petition ...........................................TD4 Question time....................................................... QUE9 Speaker's question omitted ........................LEA; TD3-4 Speech notes ...........................................................TD4 Tabling in subsequent speech/question...................TD1 Temporary Chairperson ..........................................SPK1 References to ........................................................SPK6 Temporary Speaker .................................................SPK1 References to ........................................................SPK6 Third reading Budget (Appropriation Bill) ..................................FP10 Divided by Committee stage into four or more bills debate resumed..............................................LEG17 heading when original bill remains ...............LEG16 heading when original bill lapses..................LEG17 Ending four or more bills—no vote...........................LEG16 four or more bills—separate votes ................LEG15 four or more bills—vote on all......................LEG16 standard.........................................................LEG12 two or three bills—separate votes .................LEG15 two or three bills—vote on all.......................LEG15 Financial Review ...................................................FP14 Follows Committee stage ...................................LEG13 Imprest Supply Bill..................................................FP3 Second reading, and third reading of Appropriation Bill ...........................................................................FP3 Local bill.............................................................LEG12 moved on behalf of member .........................LEG12 Member's bill ......................................................LEG12 moved on behalf of member .........................LEG12 Motion ................................................................LEG12 Not debated.........................................................LEG13 Private member’s bill..........................................LEG12 moved on behalf of member .........................LEG12 Standard ending ..................................................LEG12 Standard motion..................................................LEG12 Standard vote ......................................................LEG12 Supplementary Estimates.......................................FP13 Two or three bills taken at the same time ...........LEG14 Vote four or more bills—separate votes ................LEG15 four or more bills—vote on all......................LEG16 standard.........................................................LEG12 two or three bills—separate votes .................LEG15 two or three bills—vote on all.......................LEG15 Tied vote ................................................................... VOT4 Transcription/translation ................... see Interpretation Treaties—international............................................ SC10

Unusual heading............................... Check with an SPO Urgency Beginning of day .................................................... BD2 Dinner suspension ..................................................SIT4 End of day House rises at end of urgency...........................SIT7 overnight suspension ........................................SIT5 Lunch adjournment ...............see Sittings of the House Motion................................................................OPB14 extraordinary urgency...................................OPB14 to adjourn at end .............................................DEB9 Urgent debates Declined ...............................................................DEB3 Declined—more than one.....................................DEB4 Ending ..................................................................DEB3 Granted.................................................................DEB3 Letter—précis given by Speaker ..........................DEB4 Motion..................................................................DEB3 Special ..................................................................DEB5 Valedictories End of Parliament before general election .......... VAL2 End of session at end of year............................... VAL2 Valedictory statement.......................................... VAL2 Vetoes Chairman announces vetoes of proposed amendments to bill in Committee stage ..........................................VET2 Veto announced in committee ..............................VET2 Visitors Accompanied......................................................... VIS2 Heading ................................................................. VIS2 Question time interrupted...................................... VIS3 Two groups............................................................ VIS2 Unaccompanied..................................................... VIS2

Votes Abstentions....................................................... VOT3-4 Amendment to primary motion ........................... VOT5 more than one ................................................ VOT5 Appointment of Deputy Speaker .......................... SPK4 Business carried forward....................................OPB16 Closure motion ........................................................CL2 Consideration of report...............see Consideration etc Correction to voting list....................................... VOT6 Election of Speaker ..................................... OP5; SPK3 Ending for primary motion described......................CL1 Extraordinary urgency........................................OPB14 Imprest Supply Bill—amendment/s ........................ FP4 Māori ..................................................... MAO4; VOT7 Motion not repeated ..............................................MT4 Motion with notice .................................................MT4 Naming of member..............................................WNS4 Party vote ............................................................ VOT3 Personal vote ....................................................... VOT3 Point of order during vote ..................... POO10; VOT6 Primary motion.............................................. VOT1,5,6 amendment to ................................................ VOT5 intervening debate.......................................... VOT4 more than one amendment............................. VOT5 no intervening debate..................................... VOT5 Proxy vote ........................................................... VOT4

IND 12


Second reading .............................. see Second reading Sittings................................................................OPB13 Third reading ................................... see Third reading Tied vote.............................................................. VOT4 Voice vote............................................................ VOT3 Voting list corrected ................................................ VOT6 Waiata .....................................................................MAO3 Weekly statement ........................ see Business statement Withdrawal Bill ............................................... see Discharge of bill Member............................................................... WNS2 Order of the day......see Discharge of order of the day Yielding ...................................................................... YD2

AP 13

Precedent Manual: Appointments 16 July 2004

APPOINTMENTS

(s.o. 14, 26-28)

This section includes precedents for the appointment of the following: the Deputy Speaker and the Assistant Speakers; officers of Parliament, which include the Ombudsmen, the Parliamentary Commissioner for the Environment, and the Controller and Auditor-General; and members of certain other bodies (where statute requires such an appointment process) such as the Representation Commission, the Broadcasting Standards Authority, the Electoral Commission, the Parliamentary Service Commission, the Police Complaints Authority, the Intelligence and Security Committee, and the Abortion Supervisory Committee. See also COMMITTEES. [Take care to distinguish between appointment and membership.] Speaker. The Speaker is elected—not appointed—during the commission

opening of Parliament, which is the first occasion that Parliament meets after a general election. For precedents see OPENING OF PARLIAMENT and SPEAKERSHIP.

Select committees. Select committees are usually established on the following

day (the State opening), with the exception that special select committees may be appointed at any time. For precedents see SELECT COMMITTEES.

Governor-General. The Governor-General is not appointed by Parliament, but

the appointment of a new Governor-General may be mentioned in the House. See precedent on AP4.

CONTENTS Appointment of Deputy Speaker ..........................................................................................OP8; SPK4; AP2 Amendment to motion .............................................................................................................................. AP2 Vote on amendment.................................................................................................................................. AP2 Vote on motion......................................................................................................................................... AP2 Appointment of Assistant Speaker........................................................... OP9; SPK4; AP2 Appointment of officer of Parliament...........................................................................AP2 Appointment of officers of Parliament .........................................................................AP3

AP 14


Appointment of member of other body associated with Parliament.............................AP3 Appointment of members of other body associated with Parliament ...........................AP3 Appointments of members of other body associated with Parliament .........................AP4 Intelligence and Security Committee.................................................................COM; AP4 Appointment of Governor-General is mentioned in House..........................................AP4 Membership of Parliamentary Service Commission .........................................OP10; AP5 Appointment of Auditors (Offices of Parliament) .................................................................................. OFF4 Appointment of Standing Orders Committee .........................................................................................STO2

AP 15


appt1

motft

APPOINTMENTS Deputy Speaker

Rt Hon DON McKINNON (Leader of the House): It is my wish to move, That Ian Murray Revell be appointed Deputy Speaker. I am not unaware of the fact that this particular issue is . . . Rt Hon HELEN CLARK (Leader of the Opposition): I move, That the name “Ian Murray Revell” be omitted, and the name “Rt Hon Jonathan Lucas Hunt” be inserted. I begin my remarks with a word directly to Mr Revell, the member for Northcote, to say . . . A party vote was called for on the question, That the name “Ian Murray Revell” be omitted, and the name “Rt Hon Jonathan Lucas Hunt” be inserted. Amendment not agreed to. A party vote was called for on the question, That Ian Murray Revell be appointed Deputy Speaker. Motion agreed to.

Appointment of Deputy Speaker. Motion. Amendment to motion. Vote on amendment. Amendment must be restated. Ending. Vote on motion. Ending.

appt1

mote1

APPOINTMENTS Assistant Speaker

Rt Hon DON McKINNON (Leader of the House): I move, That Peter Hilt, the member for Glenfield, be appointed an Assistant Speaker. Motion agreed to.

Appointment of Assistant Speaker. Motion. Ending.

AP 16


appt1

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APPOINTMENTS Chief Ombudsman

Rt Hon JONATHAN HUNT (Leader of the House): I move, That pursuant to section 3 of the Ombudsmen Act 1975, the House recommends His Excellency the Governor-General to appoint John Fraser Robertson CBE of Wellington as Chief Ombudsman. Motion agreed to.

Appointment of officer of Parliament—Chief Ombudsman. Ending.

AP 17


appt1 obom

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APPOINTMENTS Chief Ombudsman and Ombudsman

Hon PAUL EAST (Attorney-General), on behalf of the Leader of the House: I move, That, pursuant to section 3 of the Ombudsmen Act 1975, this House recommends Her Excellency the Governor-General to appoint Sir Brian George Conway Elwood CBE, of Wellington, as Chief Ombudsman commencing on the 14th day of December 1994, and also to appoint Judge Anand Satyanand, of Auckland, as ombudsman for a term commencing on the 14th day of February 1995. I am sure members would wish to extend their congratulations to both Sir Brian and Judge Satyanand, and their best wishes to them in their careers. Motion agreed to.

Appointment of officers of Parliament—Chief Ombudsman and ombudsman. Replace colon with comma, and invoke obom pro forma. Ending.

appt1

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APPOINTMENTS Parliamentary Service Commission

Hon PAUL EAST (Leader of the House): I move, That Mr Munro be appointed as a member of the Parliamentary Service Commission pursuant to section 7(1)(d) of the Parliamentary Service Act 1985. Motion agreed to.

Appointment of member of other parliamentary body—Parliamentary Service Commission. Ending.

appt1 obom

mote1

APPOINTMENTS Broadcasting Standard Authority

Hon MURRAY McCULLY (Minister of Housing), on behalf of the Leader of the House: I move, That, pursuant to section 26(3)(b) of the Broadcasting Act 1989, this House nominates David Colin Beatson public affairs manager, of Auckland, to represent the Government, and Lloyd Brian Falck, private secretary, of Wellington, to represent Opposition parties, each to be appointed by Her Excellency the Governor-General as a member of the Broadcasting Standards Authority for a term of 12 months. Motion agreed to.

Appointment of members of other parliamentary body—Broadcasting Standards Authority. Replace colon with comma, and invoke obom pro forma. Ending.

AP 18


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APPOINTMENTS Representation Commission

Hon D A M GRAHAM (Minister of Justice): I move, That, pursuant to section 28(2)(e) of the Electoral Act 1993, this House nominates John Pearson McFaull, of Wellington, to represent the Government, and David Frances Caygill, of Christchurch, to represent the Opposition, to be appointed as members of the Representation Commission. I further move, That, pursuant to section 28(3)(b) of the Electoral Act 1993, for the purpose of determining the boundaries of the Māori electoral districts, this House nominates John McEnteer, of Wellington, to represent the Government, and Whetumarama Wereta, of Wellington, to represent the Opposition, to be appointed as members of the Representation Commission. Motions agreed to.

Appointments of members of other parliamentary body—Representation Commission. Ending.

appt2

mote1

INTELLIGENCE AND SECURITY COMMITTEE Membership

Hon WYATT CREECH (Leader of the House): I move, That, pursuant to section 8 of the Intelligence and Security Committee Act 1996 this House endorse the following as members of the Intelligence and Security Committee: the Hon Winston Peters and the Rt Hon Don McKinnon nominated by the Prime Minister under section 7(1)(c) of the Act; and the Rt Hon Mike Moore nominated by the Leader of the Opposition under section 7(1)(d) of the Act. The motion endorses . . . Motion agreed to.

Membership of Intelligence and Security Committee. Although comprised of members of Parliament, this committee is not a select committee—see the COMMITTEES section. Ending.

AP 19


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s

s

APPOINTMENTS Governor-General

Rt Hon JONATHAN HUNT (Senior Opposition Whip): I raise a point of order, Mr Speaker, in relation to the second point I made in my set of questions to the Leader of the House. Now that the name of the new Governor-General has been released publicly, it might be appropriate for the Leader of the House to release the name to the House, because I think it might be of interest to listeners and also to members of Parliament. Rt Hon DON McKINNON (Leader of the House): At 2 o'clock today it was announced that the Rt Hon Justice Hardie Boys, an apellate court judge, will be the next Governor-General of New Zealand. Rt Hon HELEN CLARK (Leader of the Opposition): I extend my congratulations to . .

Appointment of Governor-General is mentioned in the House. The Governor-General is not a parliamentary appointment.

BD 20

Precedent Manual: Beginning of the Day 16 July 2004

appt3

s

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PARLIAMENTARY SERVICE COMMISSION Membership

Rt Hon DON McKINNON (Leader of the House): I move, That pursuant to section 7(1)(d) of the Parliamentary Service Act 1985, the following be appointed as members of the Parliamentary Service Commission: John Carter, Jim Gerard, Trevor Mallard, and Larry Sutherland. WINSTON PETERS (Tauranga): On the question of the membership of the Parliamentary Service Commission I should . . . Motion agreed to.

Membership of Parliamentary Service Commission. Members may speak. Ending.

BEGINNING OF THE DAY

CONTENTS Standard beginning of day ............................................................................................BD2 Prayers given in Māori..................................................................................................BD2 Beginning of day in urgency.........................................................................................BD2 Beginning of day in urgency when Committee continues next morning......................BD2

CIR 21

Precedent Manual: Citizens Initiated Referenda 16 July 2004

bd1 TUESDAY, 3 AUGUST 1996

Mr Speaker took the Chair at 2 p.m. Prayers.

Standard beginning of the House meets on the the bell the start time nealtered.

bd1

THURSDAY, 5 AUGUST 1996 Mr Speaker took the Chair at 2 p.m. Karakia.

Prayers given in Māori. Overtype ‘prayers’ with ‘karakia’.

bd2

b2r2

TUESDAY, 21 OCTOBER 2003 (continued on Thursday, 23 October 2003)

FINANCE BILL (NO 7)

Second Reading Debate resumed. Hon PETER DUNNE (Leader—United Future): When the House rose . . .

Beginning of day in urgency. Bill(s) under debate are headed up again. Include “Debate resumed.” when debate of previous day continues.

bd2

cwh3

TUESDAY, 19 NOVEMBER 2002 (continued on Thursday, 21 November 2002)

TRADE MARKS BILL

In Committee Debate resumed. Part 5 Miscellaneous provisions (continued) STEPHEN FRANKS (ACT NZ): I have expressed my curiosity about the reason for removing the power to serve notices by fax . . .

Beginning of day in urgency when Committee continues next morning. See also Committee Manual. Add (continued) to margin heading.

CIR 22

Precedent Manual: Citizens Initiated Referenda 16 July 2004

CITIZENS INITIATED REFERENDA

Under section 21 of the Citizens Initiated Referenda Act the Speaker, on receiving from the Clerk an indicative referendum petition that has been certified as correct, presents it to the House. The petition stands referred to a select committee for consideration. The Business Committee may direct that a report on a petition be set down as a Members’ order of the day. (s.o. 249(2)). See SELECT COMMITTEES for subsequent consideration of report on a petition. Under section 22(4), during the next 3 months the House may, by a majority of 75 percent, pass a resolution deferring the date of any referendum by up to 12 months.

CONTENTS Speaker presents referendum petition to the House.................................................... CIR2

CL 23

Precedent Manual: Closure of Debate 16 July 2004

cir

CITIZENS INITIATED REFERENDA Number of Members of Parliament

Mr SPEAKER: Pursuant to section 21 of the Citizens Initiated Referenda Act, it is my duty to inform the House that a petition has been received from Mrs Margaret Robertson seeking a referendum on the question: “Should the size of the House of Representatives be reduced from 120 members to 99 members?”. The petition has been certified as correct by the Clerk of the House under section 18 of the Act. I therefore present it to the House.

Speaker presents referendum petition to the House. A referendum is automatically triggered. The select committee considered the petition but no further mention was made of it in the House. Hansard Volume 575 at p.14840.

CLOSURE OF DEBATE (s.o. 137-139)

Any member may, after a question has been proposed from the Speaker/Chair, move that the matter under debate be put to the vote. The motion, known as a closure motion, is: “That the question be now put.” See Standing Order 137(1). The Speaker/Chair accepts a closure motion only if he or she thinks it is reasonable to do so (s.o. 137(3)). The Speaker/Chair may not accept a closure motion if the time for the debate is prescribed by the Standing Orders or by a determination of the Business Committee. (s.o.137(2)). If the House or the Committee does not agree to the closure motion, the debate continues. The next speaker is set up, without showing the Speaker’s or the Chair’s decision unless something substantive is said (see examples 3 and 4 on CL2). A temporary Speaker or, in Committee, a temporary Chair may not accept a closure motion. If the Speaker/Chair accepts the closure motion, it is put to the House without amendment or debate (s.o. 138). If the House or the Committee agrees to the closure motion, the debate finishes forthwith (s.o. 139(1)). Any other question (including any proposed amendment that has been properly notified on a S.OP. or handed in to the Table before the closure motion was accepted and which relates to the matter under consideration) is then put to allow the main question itself to be decided without further amendment or debate (s.o. 139(2)). (It would be rare for this to happen outside Committee; see the Committee Manual for examples). The primary motion (relating to the matter under debate) is then voted on (s.o. 139).

CL 24

Precedent Manual: Closure of Debate 16 July 2004

Endings

When a closure motion is agreed to, the ending is “Motion agreed to.”. The ending for any amendment put is “Amendment agreed to.” or “Amendment not agreed to.”. After a closure motion, the ending for the primary motion is descriptive (i.e. “Motion to carry over business agreed to.”).

CONTENTS Closure motion accepted ..............................................................................................CL2 Vote on closure motion.................................................................................................CL2 Closure motion declined ...............................................................................................CL2 Closure motion declined by Speaker calling next member ..........................................CL2

DEB 25

Precedent Manual: Debates 16 July 2004

motcl

motel

motel

Rt Hon W F BIRCH (Minister of Finance): I move, That the question be now put. Motion agreed to. Motion to carry over business agreed to.

Closure motion accepted. There is no debate. Ending for closure motion. Ending for primary motion is described.

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JOHN CARTER (Senior Whip—NZ National): I move, That the question be now put.

A party vote was called for on the question, That the question be now put. Motion agreed to. Supplementary Order Papers referred to the Social Services Committee for consideration.

Vote on closure motion. Vote. Ending for closure motion. Ending for primary motion is described.

motcl

ssp

JOHN CARTER (Senior Whip—NZ National): I move, That the question be now put. Mr SPEAKER: The debate is becoming repetitive . . . I shall accept one more speaker.

Closure motion declined.

motcl

s

JOHN CARTER (Senior Whip—NZ National) : I move, That the question be now put. Mr SPEAKER: I call the Hon Jim Anderton. JIM ANDERTON (Progressive—Wigram): The Government has done nothing to help matters by . . .

Closure motion declined by Speaker simply calling the next member without any additional comment. Omit shaded words.

DEB 26


COMMITTEES (s.o. 170-251, 317(4), 324, 327(3))

The House forms itself into committees of its members to give consideration to issues in more convenient forms. There are two types of committee: the Committee of the whole House, of which all members of the House are members: and select committees, whose membership is confined to a limited number of members of the House. Committee of the whole House. The House forms itself into the Committee of

the whole House to consider a bill clause by clause (or part by part), and to debate individual estimates. For precedents see the Committee Manual, but see the FINANCIAL PROCEDURES section of this manual for precedents relating to the estimates.

Select committees. Select committee precedents are to be found in the SELECT

COMMITTEES section. However, se the OFFICERS OF PARLIAMENT, PRIVILEGE, and STANDING ORDERS sections for examples relating to those committees, and see also the FINANCIAL PROCEDURES section.

Intelligence and Security Committee—established by section 5 of the

Intelligence and Security Committee Act 1996. A sessional order of 23.03.2000 provided for this committee to examine votes and conduct financial and performance review for each intelligence and security agency, and to consider petitions. No select committee may examine an intelligence and security agency (New Zealand Security Intelligence Service or the Government Communications Security Bureau.) (See also AP4).

Abortion Supervisory Committee—is considered a public organisation for the

purposes of the Standing Orders—see APPOINTMENTS, which includes other public organisations.

See also AP5 for membership of the Parliamentary Service Commission.

DEBATES (s.o. 47-49, 101-140, 373-376)

This section deals with those parliamentary proceedings known as debates (not debates on legislation), and includes motions to adjourn debates as well as adjournment debates.

DEB 27


See SITTING SUSPENDED AND HOUSE ADJOURNED for adjournment at end of day. It does not include closure motions (see CLOSURE OF DEBATE) or voting (see VOTES). For debate on the Address in Reply see OPENING OF PARLIAMENT (OP 11-12). For debate on the Budget Policy Statement, the financial review debate (s.o. 331), the debate on Crown entities (s.o. 333), and the estimates (s.o. 324), see FINANCIAL PROCEDURES (FP).

CONTENTS GENERAL DEBATES Beginning and ending ................................................................................................ DEB2 URGENT DEBATES Debate granted ........................................................................................................... DEB3 Debate declined.......................................................................................................... DEB3 Debates declined ........................................................................................................ DEB4 Speaker gives precis of letter seeking debate ............................................................ DEB4 SPECIAL DEBATES Debate on foreign affairs ........................................................................................... DEB5 Debate on specific topic—motion to adjourn ............................................................ DEB5 Debate on specific topic—motion to take note of the specific topic. ........................ DEB5 Debate on specific topic—motion to take note of a definite matter of public importanceDEB6 Debate on member’s motion............................................................................MT3; DEB6 ADJOURNMENT DEBATES At end of a sitting without valedictories—resumption date specified. ...................... DEB7 Amendment to motion. .............................................................................................. DEB7 Vote on amendment. .................................................................................................. DEB7 Vote on motion. ......................................................................................................... DEB7 At end of a sitting without valedictories—resumption date not specified, or at end of sitting day..................................................................................................................... DEB8 Minister moves to adjourn ......................................................................................... DEB8 MOTION TO ADJOURN DEBATE Agreed to.................................................................................................................... DEB9 Vote............................................................................................................................ DEB9 Not agreed to.............................................................................................................. DEB9 Moved by Government member at end of urgency ................................................... DEB9 INTERRUPTION AND RESUMPTION OF DEBATE Interruption .............................................................................................................. DEB10 Resumption .............................................................................................................. DEB10 Resumption on a different day in the same year, and in a different year ................ DEB10 Debate not concluded when House adjourns ........................................................... DEB11 Debate not concluded when sitting suspended, and not resumed when sitting resumedDEB11 FINANCIAL DEBATES ...................................................................................FP; DEB12 DEBATE ON PRIME MINISTER’S STATEMENT Prime Minister makes statement.......................................................................................................... DEB13 Debate resumed........................................................................................................ DEB13

DEB 28


End of debate ........................................................................................................... DEB13 Vote on motion ........................................................................................................ DEB13

DEB 29


GENERAL DEBATES (S.O. 376)

Each Wednesday, immediately after questions for oral answer, a general debate is held on a motion that the House take note of miscellaneous business. No general debate is held in a week in which the debates on the Address in Reply, the Prime Minister’s statement, the Budget, or the Budget Policy Statement are held. Motion. “That the House take note of miscellaneous business.”

dgen

de1

GENERAL DEBATES JEFF GRANT (Awarua): I move, That the House take note of miscellaneous business. Tomorrow the country will find out that election day will come . . . The debate having concluded, the motion lapsed.

Beginning and ending. Ending.

DEB 30


URGENT DEBATES (s.o. 373-375)

A member who wants the House to debate a topical issue—a particular case of recent occurrence requiring the immediate attention of the House and the Government, and that involves the administrative or ministerial responsibility of the Government—submits a written statement to the Speaker (s.o. 373). At the end of question time the Speaker announces whether the proposed debate complies with the Standing Orders, and if it is declined or accepted. If it does comply, the Speaker calls on the member to move the motion (s.o. 374(2)). Only one urgent debate may be held on any sitting day (s.o. 375). Motion. “That the House take note of a matter of urgent public importance.”

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URGENT DEBATES Electricity Inquiry—Government’s Response

Mr SPEAKER: I have received a letter from Pansy Wong seeking to debate under Standing Order 373 the Government’s response to the electricity inquiry. This is a particular case of recent occurrence . . . I therefore accept the application and call on Pansy Wong to move the motion. PANSY WONG (NZ National): I move, That the House take note of a matter of urgent public importance. After spending around $750,000 of taxpayers’ money on an inquiry . . . The debate having concluded, the motion lapsed.

Debate granted. Ending.

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URGENT DEBATES DECLINED Employment Court Decision

Mr SPEAKER: I have received a letter from the deputy leader of the Labour Party seeking to debate under Standing Order 373 the consequences of a decision of . . . . I must therefore decline the application.

Debate declined.

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URGENT DEBATES DECLINED Electricity—Price Differential, South Island

Mr SPEAKER: I have received a letter from Pete Hodgson seeking to debate under Standing Order 378 the South Island price differential for wholesale electricity. The member's letter does not identify any particular case of recent occurrence in respect of which a debate could be held under Standing Order 378. As the member himself says, the Government's decision in respect of the review has not yet been announced. In the absence of a particular case of recent occurrence I am unable to accept the member's application for a debate.

Used Cars—Importation Mr SPEAKER: I have also received a letter from Paul Swain seeking to debate problems associated with the importation of used cars. The Standing Order on urgent debates is designed to allow a debate on a particular matter that has just occurred, not on a situational matter that has come about over a period of time. The matter the member raises is of the latter kind and I cannot accept it for debate.

Debates declined.

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URGENT DEBATES Compensation—David Dougherty

Mr SPEAKER: The second application was made by the Hon Phil Goff, and relates to the decision of the Minister of Justice to refuse to grant compensation to Mr David Dougherty . . . . I therefore propose to grant the debate. The member’s letter reads in part that he seeks to debate under Standing Order 373 the decision of the Minister of Justice to refuse to grant compensation to Mr David Dougherty, who was recently acquitted of charges for which he served 3 years’ imprisonment. Having made out the case of recent occurrence and ministerial responsibility, Mr Goff then seeks to argue that the matter is of sufficient importance, which I have actually canvassed—I think he would accept—reasonable fully in my response in deciding to allow the debate.

Speaker gives precis of letter seeking debate. Speaker’s precis retained; letter not inserted.

DEB 32


SPECIAL DEBATES

A member, usually a Minister, may move a motion or seek leave to debate foreign affairs, or some other specific topic. The Business Committee may also agree to a special debate. (See last example). Motion. The House Office supplies the wording of the motion.

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SPECIAL DEBATES Foreign Affairs

Rt Hon DON McKINNON (Minister of Foreign Affairs and Trade): I move, That, for the purpose of debating foreign affairs, the House do now adjourn. It is not often that the House is given the opportunity to debate foreign affairs issues. What happens . . . The debate having concluded, the motion lapsed.

Debate on foreign affairs—rare. Ending.

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SPECIAL DEBATES Muriwhenua Fisheries Claim

Hon DOUG KIDD (Minister of Fisheries): I move, That, for the purpose of debating the Muriwhenua fisheries claim, the House do now adjourn. At the outset, let me summarise the most significant elements of the report of the Waitangi Tribunal. The . . . The debate having concluded, the motion lapsed.

Debate on specific topic—motion to adjourn. Ending.

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SPECIAL DEBATES Bosnia

Rt Hon J B BOLGER (Prime Minister): I move, That the House take note of the situation in Bosnia. The House yesterday at my invitation agreed to set aside 2 hours today to discuss the current situation in Bosnia and what role New Zealand’s . . . Motion agreed to.

Debate on specific topic—motion to take note of the specific topic. Ending.

DEB 33


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SPECIAL DEBATES Retirement Savings Scheme

Hon WINSTON PETERS (Treasurer): I move, That this House take note of a matter of urgent public importance. I want to thank this House for the opportunity to debate the retirement savings scheme . . The debate having concluded, the motion lapsed.

Debate on specific topic—motion to take note of a matter of public importance. The House had earlier granted leave for a debate to be held on this topic, to be conducted under Standing Order 373—hence the use of the urgent debate motion. Ending.

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MOTIONS Inquiry into Year 2000 Date Coding Problem

Hon PETER DUNNE (Leader—United NZ): I move, That the report of the Government Administration Committee on the Inquiry into the Year 2000 Date Coding Problem and the Government response to that report be noted. As members will know, for some years now I have been conducting a campaign about the year 2000 issue . . .

Debate on Member’s Motion The Business Committee allowed a debate on this motion to take place—it was not a usual consideration of report. See also MT3-4.

DEB 34


ADJOURNMENT DEBATES

The heading “ADJOURNMENT” is used for the motion to adjourn the House at the end of a sitting or a session, (see the Style File F1.3 and F1.4) if valedictories are not given. If there are valedictories, see the VALEDICTORIES section for precedents. Only a Minister may move a motion under s.o. 47(2) to adjourn the House. This motion lapses at the conclusion of the sitting day (s.o.49) (see DEB 7). For adjournment to discuss specific topic see DEB 5. Motion. “That the House do now adjourn (until . . .).”

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ADJOURNMENT Rt Hon DON McKINNON (Leader of the House): I move, That the House do now adjourn until 7.30 p.m. on Thursday, 3 March 1994. In addressing this motion, I take the view—and I have been informed—that a number of members wish to speak to this particular topic. I should like to inform the House that, when the topic first emerged in general discussions . . . Rt Hon HELEN CLARK (Leader of the Opposition): I move, That the motion be amended by omitting the expression “Thursday, 3 March”, and inserting the expression “Thursday, 27 January”. I raise this motion in all seriousness, because the Labour Opposition believes that the House is in recess for too long. The last substantive sitting of this Parliament was on 23 September. Many issues have arisen . . . A party vote was called for on the question, That the motion be amended by omitting the expression “Thursday, 3 March”, and inserting the expression “Thursday, 27 January”. Amendment not agreed to. Motion to adjourn House agreed to. Mr SPEAKER: In closing may I wish every member a merry Christmas and a happy New Year.

At end of a sitting without valedictories—resumption date specified. In this case, the House is about to rise at the end of a 2-day sitting following an election. Amendment to motion may be moved. Vote on amendment. Not agreed to. Ending. The House adjourns.

DEB 35


The House adjourned at 5.32 p.m.

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A party vote was called for on the question, That the House do now adjourn until 7.30 p.m. on Thursday, 3 March 1994. Motion agreed to.


Vote on motion. Ending. The House adjourns.

DEB 36


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ADJOURNMENT Hon JONATHAN HUNT (Leader of the House): I move, That the House do now adjourn. In doing so, I point out that during the 13 days of estimates Opposition members have shown the worst . . . The hour set down for the adjournment of the House having arrived, the motion lapsed.


At end of a sitting without valedictories—resumption date not specified. In this case, the House is about to rise for a week. NB The motion may be moved by a Minister if the Government does not want to proceed to the next item of business. Ending (s.o. 49). The House adjourns. Hansard, Volume 493, at page 7567.

DEB 37


MOTION TO ADJOURN DEBATE (s.o. 134-136)

Any member may, after a question has been proposed from the Chair, move that the debate be now adjourned. The motion is not debated, and it is not headed separately. It is often used when the Government wants to end urgency before having completed the items specified in the urgency motion, or when an Opposition member wants to make a point. If the motion is not agreed to, the member who moved it may then speak. If the debate is adjourned, the member who moved the adjournment motion may speak first on its resumption. Motion. “That this debate be now adjourned.”

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. . . that this resolution of the concerns will be the right outcome for all parties. DAVID BENSON-POPE (Senior Whip—NZ Labour): I move, That this debate be now adjourned. Motion agreed to.

Agreed to. Ending.

A party vote was called for on the question, That this debate be now adjourned. Motion agreed to.

Vote. Ending.

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. . . and that is all I have to say. TAU HENARE (Northern Māori): I move, That this debate be now adjourned. Motion not agreed to. TAU HENARE: I think that . . .

Not agreed to. Ending. Member who moved the motion then has the right to continue speaking.

. . . let me say that I have discussed this matter. JEFF GRANT (Senior Whip—NZLabour ): I move,

Moved by Government member at the end of urgency, when the

DEB 38


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That this debate be now adjourned. Motion agreed to.

The House adjourned at 3.10 p.m. (Friday)

Government has decided to end urgency without completing all the business in the urgency motion. Ending—not “Debate interrupted.” The House adjourns.

DEB 39


INTERRUPTION AND RESUMPTION OF DEBATE (s.o. 132-133)

A debate may be interrupted for a number of reasons, which are clearly set out in the Standing Orders. Any debate not concluded when the House adjourns is interrupted. The Order Paper is a quick reference to see whether a debate has been resumed. See the Committee Manual for interruption and resumption of debate in the Committee stage.

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. . . passage of the Employment Contracts Act, of what is happening to people in the community who identify with unions. Debate interrupted.

POINTS OF ORDER Members’ Absence from Chamber

Hon ROGER McCLAY (Minister of Youth Affairs) I raise a point of order, Mr Speaker. Can I take the opportunity . . . Mr SPEAKER: I have no idea whether Opposition members were wearing . . .

HUMAN RIGHTS BILL Third Reading

Debate resumed. Hon DAVID CAYGILL (Deputy Leader of the Opposition): For example, I have a report from a union organiser in Nelson . . .

Interruption. Debate interrupted. Interruption for a point of order on a matter not related to the debate. Speaker rules. Resumption. At the completion of the interruption head up the appropriate heading again (new page), under which “Debate resumed” is necessary.

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Debate resumed from 23 March. Hon DAVID CAYGILL (Deputy Leader of the Opposition): For example, I have a report from a union organiser in Nelson who came . . .

Resumption on a different day in the same year. Debate resumed. NB: day and month.

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Debate resumed from 23 March 1992. Hon DAVID CAYGILL (Deputy Leader of the Opposition): For example, I have a report from a union organiser in Nelson . . .

Resumption in a different year. Debate resumed. NB: day, month, and year.

DEB 41


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. . . especially when he calls a casino an icon, a religious symbol. Debate interrupted.

Sitting suspended from 6 p.m. to 7.30 p.m.

BUSINESS STATEMENT Hon PAUL EAST (Attorney-General), on behalf of the Leader of the House: It is intended that at the end of the . . .

Debate not concluded when sitting suspended, and not resumed when sitting resumed, must show “Debate interrupted.” Sitting suspended. Debate does not resume after sitting is resumed. Replace colon with comma and invoke obom proforma.

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Hon JENNY SHIPLEY (Minister of Social Welfare): This debate is just absolutely astonishing. I swear that all the members . . . Debate interrupted.


Debate not concluded when House adjourns must show “Debate interrupted.” The House adjourns

DEB 42


FINANCIAL DEBATES (s.o. 318)

For debate on the Budget Policy Statement, the financial review debate (s.o. 331), the debate on Crown entities, public organisations and State enterprises (s.o.333), and the estimates (s.o. 324) see FINANCIAL PROCEDURES.

EAF 43

Precedent Manual: Earthquake, Fire and Emergency Drill 16 July 2004

PRIME MINISTER’S STATEMENT (s.o. 338-340)

If the first sitting day of the year is not the first day of the meeting of a new Parliament or the first day of a session of Parliament, the Prime Minister must make a statement to the House reviewing public affairs and outlining the Government’s legislative and other policy intentions for the next 12 months. The statement is made after formal business—there are no questions. The statement is immediately followed by a debate on a motion moved by the Leader of the Opposition. The whole debate, excluding delivery of the Prime Minister’s statement, takes 14 hours. On subsequent days it is the first item of business after oral questions. No general debate is held in a week in which debate on the Prime Minister’s statement is held.

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PRIME MINISTER’S STATEMENT Rt Hon J B BOLGER (Prime Minister): May I follow your example, Mr Speaker, and take the opportunity to welcome you and other members of the House back to our reburbished . . . in the first MMP election it will vote for continuity and stability . . .

DEBATE ON PRIME MINISTER’S STATEMENT Rt Hon HELEN CLARK (Leader of the Opposition): I move, That this House has no confidence in the Government because it has failed to govern in the interests of all New Zealanders, has deliberately implemented . . . Debate interrupted.

The House adjourned at 6 p.m.

Prime Minister makes statement. Heading for subsequent debate. Ending if debate not concluded when House adjourns.

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DEBATE ON PRIME MINISTER’S STATEMENT

Debate resumed from 17 February. Hon WYATT CREECH (Minister of Finance): I will of course speak strongly against the motion moved by the Leader of the Opposition . . .

Debate resumed.

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Precedent Manual: Earthquake, Fire and Emergency Drill 16 July 2004

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. . . maximum potential. We are failing them day by day. Mr SPEAKER: The time for this debate has now ended. A party vote was called for on the question, That this House has no confidence in the Government because it has failed to govern in the interests of all New Zealanders, has deliberately implemented . . . Motion not agreed to.

End of debate. Vote on motion moved by Leader of the Opposition. Ending.

EARTHQUAKE, FIRE, AND EMERGENCY DRILL

CONTENTS Standard procedure ..........................................................................................................EAF2 Heading required..............................................................................................................EAF2

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Precedent Manual: Financial Procedures 16 July 2004

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Elizabeth Tennet: Does the Minister's answer also reflect the importance of having at least 11 women members of Parliament in Cabinet and caucus? Rt Hon JONATHAN HUNT: It certainly does reflect that, and that is the reason I have taken advice on the matter. The House ought to get—[Earthquake]

Standard procedure for an earthquake, a fire, or an emergency. Insert “Earthquake” or “Fire”, or “Emergency” in italics in square brackets.

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. . . and safe outcome, but it is not practically possible in terms of the cost implications. Question time interrupted.

FIRE DRILL Mr SPEAKER: This sitting is suspended in response to the alarm bell, until the ringing of the bell.

Sitting suspended from 2.39 p.m. to 2.50 p.m. Mr SPEAKER: The evacuation procedure was successful. I hope we never need to use it. However, I am grateful that we have had a practice run. Rt Hon JONATHAN HUNT (Senior Opposition Whip): I raise a point of order, Mr Speaker. How much time do we have left for questions? I cannot see any . . . . Rt Hon DON McKINNON (Leader of the House): I suggest that we work on the basis that the clock was stopped and is now restarted. We have 9 minutes . . . Question time resumed.

QUESTIONS FOR ORAL ANSWER QUESTIONS TO MINISTERS

New Zealand Rail—Accidents Nick Smith: Has the Minister received any reports, given this sudden rash of interest in safety issues—some of them . . .

Heading required to distinguish the Speaker's comment and the point of order from the interrupted question—unusual.

FP 46


ELECTIONS

The Electoral Act was changed in 2001 and 2002. Entries in this section will be added to reflect new procedures as they happen. For precedents in relation to the opening of Parliament following a general election, see OPENING OF PARLIAMENT. Procedures for elections and by-elections are contained in the Electoral Act 1993.

FINANCIAL PROCEDURES

This section covers Imprest Supply bills, the Budget Policy Statement, the Budget and Estimates (including Supplementary Estimates), the financial review debate, and the debate on Crown entities, public organisations, and State enterprises.

FP 47


CONTENTS IMPREST SUPPLY BILL First reading ...................................................................................................................FP3 Imprest Supply debate (second reading)........................................................................FP3 Third reading..................................................................................................................FP3 Imprest Supply debate resumed (second reading) .........................................................FP3 Amendment moved during Imprest Supply debate (second reading), and subsequent vote...................................................................................................................................FP4 Imprest Supply debate (second reading) and third reading of Appropriation Bill, with amendment .......................................................................................................................FP5 Ending for above if no votes, or if voted on together ....................................................FP5 Subsequent third reading Imprest Supply Bill ...............................................................FP5 BUDGET POLICY STATEMENT Debate on Budget Policy Statement and report of Finance and Expenditure CommitteeFP6 BUDGET AND ESTIMATES First reading ...................................................................................................................FP8 Budget statement (Budget speech).................................................................................FP8 Budget documents presented .........................................................................................FP8 Budget debate (second reading).....................................................................................FP8 Ending at end of each day's debate, subsequent debate .................................................FP8 Debate resumed..............................................................................................................FP8 Amendment moved........................................................................................................FP8 Amendment(s) voted on.................................................................................................FP9 Ending at conclusion of total time for second reading debate .......................................FP9 Estimates debate (Committee stage)..............................................................................FP9 Beginning of debate on vote, ending of debate on vote.................................................FP9 Vote not debated........................................................................................................................................FP9 Debate on more than one vote .......................................................................................FP9 Ending of debate on more than one vote .......................................................................FP9 Ending at end of each day's debate ................................................................................FP9 Estimates debate resumed ............................................................................................FP10 Ending at conclusion of total time for the estimates debate—party vote ....................FP10 Ending at conclusion of total time for the estimates debate—no party vote ...............FP10 Third reading................................................................................................................FP10 SUPPLEMENTARY ESTIMATES First reading .................................................................................................................FP11 Documents presented ...................................................................................................FP11 Supplementary Estimates (second reading) .................................................................FP11 Supplementary Estimates (second reading) debate resumed ......................................FP12 Supplementary Estimates and Imprest Supply debate dealt with at the same time .....FP12 Supplementary Estimates and Imprest Supply debate dealt with at the same time, debate resumed ..........................................................................................................................FP12 Committee stage...........................................................................................................FP13 Third reading................................................................................................................FP13 FINANCIAL REVIEWS

FP 48


Appropriation (200#/0# Financial Review) Bill introduced........................................FP14 First reading .................................................................................................................FP14 Financial Review debate (second reading) ..................................................................FP14 Third reading—(usually no Committee stage) ............................................................FP14 Financial Review debate (second reading) debate resumed ........................................FP15 FINANCIAL VETOES Chairman announces vetoes of proposed amendments to bill in Committee stage... VET2 Veto announced in Committee................................................................................... VET2 DEBATE ON CROWN ENTITIES, PUBLIC ORGANISATIONS, AND STATE ENTERPRISES Debate......................................................................................................................................................FP16

FP 49


IMPREST SUPPLY BILL (s.o. 317)

An Imprest Supply Bill is an interim authority to spend money in advance of an appropriation for a particular purpose. It usually goes through all its stages in one sitting. After the second reading of the bill, the House proceeds to the third reading forthwith, unless the Minister in charge of the bill requires the House to resolve itself into Committee to consider an amendment (s.o. 317(4)). There is no amendment or debate on the third reading (s.o. 317(5)). There are usually two Imprest Supply Bills in a financial year.

Minister in charge. With this bill, as with all bills, check to see who is the Minister in charge; an Associate Minister of Finance may be in charge of an Imprest Supply Bill. A Directory of Ministerial Portfolios is issued by the Cabinet Office—www.dpmc.govt.nz/cabinet.

The introduction and message are not recorded in Hansard.

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IMPREST SUPPLY (FIRST FOR 200#/0#) BILL First Reading

Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Imprest Supply (First for 200#/0#) Bill be now read a first time. Bill read a first time.

IMPREST SUPPLY DEBATE Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Imprest Supply (First for 200#/0#) Bill be now read a second time. Today . . . Hon JENNY SHIPLEY (Leader of the Opposition): The Opposition will, of course, treat these . . . Bill read a second time.

Third Reading Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Imprest Supply (First for 200#/0#) Bill be now read a third time. Bill read a third time.

First reading—The introduction and message are not recorded in Hansard. There is no amendment or debate. All the stages are usually dealt with in one sitting. Ending. Second reading. Ending. There is usually no Committee stage. (See head notes). Third reading. No debate. Ending.

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IMPREST SUPPLY DEBATE Debate resumed. Hon ANNETTE KING (NZ Labour—Rongotai): This is a Government that is rattled, that is riddled with division and indecision, and is heading for rigor mortis . . .

Debate resumed—add day if resumed from a previous day.

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. . . so by some Government members, I shall move, as an amendment to the motion, That the words after the word “That” be deleted and the following words be substituted: “this House declines to accord a second reading of the Imprest Supply (Second for 200#/0#) Bill, because it . . . A party vote was called for on the question, That the words after the word “That” be deleted and the following words be substituted: “this House declines to accord a second reading of the Imprest Supply (Second for 200#/0#) Bill, because it has . . . Amendment not agreed to. Bill read a second time.

Amendment moved during second reading and subsequent vote. Subsequent vote. The amendment is restated in full. Ending. Ending for primary motion.

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APPROPRIATION (200#/0# ESTIMATES) BILL Third Reading

IMPREST SUPPLY DEBATE Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Appropriation (200#/0# Estimates) Bill be now read a third time and the Imprest Supply (Second for 200#/0#) Bill be now read a second time. Firstly, I want to thank the Opposition parties . . . A party vote was called for on the question, That the Appropriation (200#/0# Estimates) Bill be now read a third time. Bill read a third time. A party vote was called for on the question, That all the words after . . . Amendment not agreed to. A party vote was called for on the question, That the Imprest Supply (Second for 200#/0#) Bill be now read a second time. Bill read a second time. Appropriation (200#/0# Estimates) Bill read a third time, and Imprest Supply (Second for 200#/0#) Bill read a second time.

Second reading of Imprest Supply Bill and third reading of Appropriation Bill dealt with at the same time. Vote on Appropriation Bill. Vote on amendment to Imprest Supply Bill. The amendment is restated. Ending. Vote on Imprest Supply Bill. Ending. Second Reading of Imprest Supply Bill and third reading of Appropriation Bill dealt with at the same time. Type second reading information after b3re2 proforma.

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IMPREST SUPPLY (SECOND FOR 200#/0#) BILL Third Reading

Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Imprest Supply (Second for 200#/0#) Bill be now read a third time. Bill read a third time.

New heading as only one bill now being considered.

FP 53


BUDGET POLICY STATEMENT (S.O. 318)

In line with the requirements of the Fiscal Responsibility Act, each year—by 31 March—the Government publishes a Budget Policy Statement (B.1) setting out the strategic direction of the Government's fiscal policy. The statement provides the broad parameters for the detailed decisions to be presented in the annual Budget. The Budget Policy Statement is filed with other financial documents in the Data Collection, Text, and Technical sections. The Finance and Expenditure Committee must report on the Budget Policy Statement within 6 weeks of its publication (s.o. 318(1)). In place of the first general debate after the committee report has been presented, a debate is held on the Budget Policy Statement and on the report of the Finance and Expenditure Committee on that statement. The chairperson of the committee (or another member of the committee) may move a motion relevant to the report and the Budget Policy Statement (s.o. 318(3)).

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DEBATE ON BUDGET POLICY STATEMENT Mr MARK PECK (Chairperson of the Finance and Expenditure Committee) I move, That the House take note of the Budget Policy Statement and the report on it of the Finance and Expenditure Committee.. Motion agreed to.

Debate on Budget Policy Statement and report of Finance and Expenditure Committee. Ending.

FP 54


BUDGET AND ESTIMATES (s.o. 319-325)

The Budget, and the legislation relating to it, come under the heading of BUDGET STATEMENT—BUDGET DEBATE for the reading of the Budget, BUDGET DEBATE for the second reading (FP8), ESTIMATES DEBATE for the Committee stage(FP9-10), and APPROPRIATION (200#/0# ESTIMATES) BILL for the third reading (FP11). At 2 p.m. on Budget day, a Thursday, the bill is introduced and read a first time without debate (s.o. 319(1)). The introduction is not recorded in Hansard, but the motion that the bill be now read a first time is. The House moves to the second reading. The Budget speech is the first speech in the second reading debate (s.o. 319(2)). The Minister of Finance then presents the budget documents: the Budget speech and the Fiscal Strategy Report (B.2), the Economic and Fiscal Update (B.3), the Estimates of Appropriations for the Government of New Zealand (B.5, Vols I and II), and the Departmental Forecast Reports. (--F(0#)). The whole second reading debate (excluding delivery of the Budget) takes 14 hours. Specified party leaders may speak for 20 minutes, and other members may speak for 10 minutes. The Minister of Finance is accorded 10 minutes in which to speak in reply. The second reading thereafter is set down each day as an order of the day for the next sitting, and takes precedence over all other Government orders of the day (s.o. 320)). For amendment(s) to the question for the second reading see FP8. Following the second reading, the estimates (departmental votes setting out the appropriations proposes for the current financial year; see (B.5, Vols I and II)), stand referred to the Finance and Expenditure Committee, which under Standing Order 322(2) may—and usually does—allocate them to other select commitees for examinations. Committees must present their reports on the estimates within 2 months of delivery of the Budget (I.19). Then the Committee of the whole House debates the appropriations vote by vote as determined by the Government (s.o. 324). The chairperson of the committee that reported on the estimate may speak first, and is set up as such if he or she speaks to the vote. A motion may be moved to alter a vote. Eight hours are allowed for the estimates debate. At the end of this time any remaining votes and the provisions of the bill are put as one question. (FP 8). Debate on the third reading must be completed within 3 months of delivering the Budget (s.o. 325(1)), and may be taken together with an Imprest Supply Bill (s.o. 325(3)). It may include reference to the content of the Fiscal Strategy Report (B.2), the Economic and Fiscal Update (B.3), and the report of the Finance and Expenditure Committee on those documents (s.o. 325(2)). Names of votes, etc. Refer to Estimates of Appropriations for the Government of New Zealand (B.5, Vols I

and II), which is filed with other financial documents in the Data Collection, Text, and Technical sections, when checking the name of a vote, an appropriation mentioned by a member, and so on.

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APPROPRIATION (200#/0# ESTIMATES) BILL First Reading

Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Appropriation (200#/0# Estimates) Bill be now read a first time.

BUDGET STATEMENT BUDGET DEBATE

Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Appropriation (200#/0# Estimates) Bill be now read a second time.

New Zealanders have high aspirations. At every level of society, people want a better life—not just for themselves and their own family, but also for the rest of the community. It is part of the Kiwi dream from our earliest settlement to want to make progress, and for the community at large to share in that progress.

New Zealanders want to see those gains in better health-care, education, concern for and access to our natural environment, care for the morale and well-being of elderly people . . . Debate interrupted.

Procedure Hon Dr MICHAEL CULLEN (Minister of Finance): I hereby present the Budget Speech and Fiscal Strategy Report 2000 (B.2), the Budget Economic and Fiscal Update 2000 (B.3), the Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 2001 (B.5), and the Departmental Forecast Reports 2000. I move, That these papers be published. Motion agreed to.

BUDGET DEBATE CHRIS CARTER (Te Atatu): It perhaps sums up that Budget speech that one . . . Debate interrupted.

First reading. Second reading. Budget speech. The text is incorporated in Hansard—do not alter. Any points of order—a rare occurrence—must be added by Hansard. Ending, first day. Budget documents presented by Minister of Finance, who moves they be published. (Wording from drill sheet.) Ending. Second reading resumes. Ending at end of each day's debate.

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BUDGET DEBATE Debate resumed from 23 May on the Appropriation (2003/04 Estimates) Bill. Hon STEVE MAHAREY (Palmerston North): This Government . . .

Debate resumed—add day if resumed from previous day.

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Rt Hon MIKE MOORE (Christchurch North): I move, That all the words after the word “That” be omitted and the following substituted: “this House has . . . Minister and his Cabinet.” That is the amendment, and I rise . . . Debate interrupted

Amendment moved. Ending

FP 57


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A party vote was called for on the question, That the amendment be amended by adding the following words: “and this House . . . necessary to achieve the vision.” Amendment not agreed to. A party vote was called for on the question, That all the words after the word “That” be omitted and the following substituted: “this House has no confidence in the Government and . . . has no confidence in the Prime Minister and his Cabinet.” Amendment not agreed to. Bill read a second time.

Amendment(s) voted on at the end of the second reading debate. Amendments restated. The most recent amendment is dealt with first. Ending. Ending at conclusion of total time for second reading debate.

FP 58


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ESTIMATES DEBATE In Committee

The CHAIRPERSON (Ann Hartley): I remind members that the debate on the Appropriation (2003/04 Estimates) Bill should be confined to the current spending plans as contained in the Estimates of Appropriations. Vote Housing ROGER SOWRY (Chairperson of the Social Services Committee): The Social Services Committee examined . . . Vote agreed to. Vote Office of the Clerk agreed to. Vote Crown Health Enterprises Vote Food Safety Vote Health STEVE CHADWICK (Chairperson of the Health Committee): As chairperson of the . . . Vote Crown Health Enterprises agreed to. Vote Food Safety agreed to. A party vote was called for on the question, That Vote Health be agreed to. Vote Health agreed to. Progress reported.

Committee stage. Committee debates estimates. Add bill title to aid electronic searching. Beginning of debate on vote. The chairperson of the select committee that examined the vote is set up as such. Ending of debate on vote. Vote not debated. Debate on more than one vote (e.g. a Minister’s portfolios). Enter the proforma for each heading and delete member set up as necessary. Ending of debate on more than one vote. Specify when more than one vote has been headed up. Party vote. Ending at end of each day's debate.

FP 59


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ESTIMATES DEBATE In Committee

Debate resumed from 24 July.on the Appropriation (2003/04 Estimates) Bill Vote Crown Health Enterprises (continued) DIANNE YATES (NZ Labour—Hamilton East): I am pleased to speak on the estimates for the Crown health enterprises . . .

Estimates debate resumed. Debate on vote may extend over more than one day. NB: add (continued).

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The CHAIRPERSON (Ann Hartley): The time allocated to the consideration of the estimates referred to in the Appropriation (2003/04 Estimates) Bill has expired. I am now required to put as one question the remaining votes and provisions of the bill, as per Standing Order 324. The question was put that Vote ACC, Vote Defence, Vote National Archives, Vote Tourism, Vote Youth Affairs, the preamble, clauses 1 to 13, and schedule 6 are agreed to. A party vote was called for on the question, That the votes, the preamble, clauses 1 to 13, and schedule 6 be agreed to. Votes, preamble, clauses 1 to 13, and schedule 6 agreed to. Bill reported without amendment.

Ending at conclusion of total time for the estimates debate. The Chairperson may speak. Question put on remainder of Committee stage. Party vote. Ending.

FP 60


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The CHAIRPERSON (Ann Hartley): The time allocated to the consideration of the estimates referred to in the Appropriation (2003/04 Estimates) Bill has expired. I am now required to put as one question the remaining votes and provisions of the bill, as per Standing Order 324. Vote ACC, Vote Defence, Vote National Archives, Vote Tourism, Vote Youth Affairs, the preamble, clauses 1 to 13, and schedule 6 agreed to. Bill reported without amendment.

Ending at conclusion of total time for the estimates debate. The Chairperson may speak. Remainder of Committee stage agreed to—no party vote. Ending.

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APPROPRIATION (200#/0# ESTIMATES) BILL Third Reading

Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Appropriation (200#/0# Estimates) Bill be now read a third time . . . Bill read a third time.

Third reading. Ending.

FP 61


SUPPLEMENTARY ESTIMATES (s.o. 326-327)

Later amendments to the estimates are known as supplementary estimates, and stand referred to the Finance and Expenditure Committee (s.o. 326(1)). They come under the heading of APPROPRIATION (200#/0# SUPPLEMENTARY ESTIMATES) BILL. The Minister of Finance presents the Supplementary Estimates of Appropriations for the Government of New Zealand (B.7, filed with other financial documents s.o. 360) when the bill is read a first time (no debate). As with the estimates, the Finance and Expenditure Committee may refer the supplementary estimates to subject select committees for them to examine and report on them. They must be reported upon before the bill can be passed. The bill must be passed before the end of the financial year to which it relates. The second reading debate may be taken together with the debate on the second reading of an Imprest Supply Bill—providing supply until the main appropriation bill for the new financial year is passed (s.o. 327(2)). (See example on FP3.) The House then proceeds to the third reading forthwith, unless the Minister requires the Committee to consider amendments (s.o. 327(3)). There may not be any supplementary estimates.

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APPROPRIATION (200#/0# SUPPLEMENTARY ESTIMATES) BILL

First Reading Hon Dr MICHAEL CULLEN (Minister of Finance) I move That the Appropriation (200#/0# Supplementary Estimates) Bill be now read a first time. Bill read a first time.

Procedure Hon Dr MICHAEL CULLEN (Minister of Finance): I hereby present the Supplementary Estimates of Appropriations for the Government of New Zealand for the year ending 30 June 1996 (B.7). I move, That this paper be published. Motion agreed to.

First reading—no debate. NB: s.o. 326(1). Referred automatically to a select committee. Ending. Documents presented by Minister of Finance, who moves they be published. (Wording from the drill sheet.) ( s.o. 360) Ending.

FP 62


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SUPPLEMENTARY ESTIMATES Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Appropriation (200#/0# Supplementary Estimates) Bill be now read a second time. It gives me a great . . . Bill read a second time.

Second Reading. Ending.

FP 63


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SUPPLEMENTARY ESTIMATES Debate resumed from 24 July on the Appropriation (2002/03 Supplementary Estimates) Bill. Hon DAVID CARTER (NZ National): I thank the Minister for his explanation to date and certainly for his cooperation . . .

Debate resumed—add day if resumed from a different day. Add bill title for electronic searching.

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SUPPLEMENTARY ESTIMATES IMPREST SUPPLY DEBATE

Rt Hon Sir WILLIAM BIRCH (Minister of Finance): I move, That the Appropriation (1998/99 Supplementary Estimates) Bill and the Imprest Supply (First for 1999/2000) Bill be now read a second time. The Appropriation (1998/99 Supplementary Estimates Bill) makes changes to the appropriations . . .

Supplementary estimates and second reading of Imprest Supply Bill dealt with at the same time.

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SUPPLEMENTARY ESTIMATES IMPREST SUPPLY DEBATE

Debate resumed from 24 July on the Appropriation (2002/03 Supplementary Estimates) Bill and the Imprest Supply (First for 2002/03) Bill. Hon PETER DUNNE (Leader—United NZ): This is one of the last major economic debates this Parliament will have before it rises for the general election . . .

Debate resumed—add day if resumed from a previous day. Add bill titles for electronic searching.

FP 64


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In Committee The question was put that the amendments set out on Supplementary Order Paper 214 in the name of the Hon. Dr. Michael Cullen be agreed to. Amendments agreed to. Clause 1 agreed to. Clause 2 not agreed to, and new clause 2 inserted by Supplementary Order Paper 214 agreed to. Schedules as amended by Supplementary Order Paper 214 agreed to. Bill reported with amendment.

Third Reading Hon Dr Michael Cullen (Minister of Finance): I move, That the Appropriation (200#/0# Supplementary Estimates) Bill be now read a third time. Bill read a third time.

Committee stage. The House may go into Committee to consider an amendment to the supplementary estimates. Ending. Third reading—no debate. Ending.

FP 65


FINANCIAL REVIEWS (S.O. 328-332)

An Appropriation (200#/0# Financial Review) Bill contains provisions solely concerned with the sanctioning, confirming, or validating of expenditure incurred in respect of any previous financial year (s.o. 330). There is no debate on the first reading. The second reading is a debate on the Crown's financial position as reflected in the report from the Finance and Expenditure Committee on the financial statements of the Crown for the previous financial year, and the performance in the previous financial year and the current operations of individual departments and Offices of Parliament (s.o. 331). The financial review debate must be held no later than 31 March (s.o. 331(5)). Standing Order 329 sets out the role of select committees. Select committees will have presented their reports on financial reviews before the first sitting day each year. These are published in the document entitled Reports of Select Committees on the 200#/0# Financial Reviews of Government Departments and Offices of Parliament (I.20#) (yellow cover, filed with other reports in the Data Collection room and the Text Section room). There is no amendment or debate on the first reading of an Appropriation (Financial Review) Bill. After the second reading the House proceeds to the third reading forthwith. There is no Committee stage unless the Minister requires an amendment to be considered in Committee. There is no debate on the third reading (s.o. 332)(2).

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APPROPRIATION (2000/01 FINANCIAL REVIEW) BILL First Reading

Hon Dr Michael Cullen (Minister of Finance): I move, That the Appropriation (2000/01 Financial Review) Bill be now read a first time. Bill read a first time.

Appropriation (200#/0# Financial Review) Bill introduced, and then read a first time. The introduction is not recorded in Hansard and there is no amendment or debate on the first reading. (s.o. 330) Ending.

FP 66


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FINANCIAL REVIEW DEBATE Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Appropriation (2000/01 Financial Review) Bill be now read a second time. I welcome this debate, providing as it does the opportunity for the House to examine the Government's financial performance in the year ended 30 June 2000. Last year's . . . Bill read a second time.

Third Reading Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Appropriation (2000/01 Financial Review) Bill be now read a third time.

Bill read a third time.

The second reading is debated. There is no Committee stage unless required by Minister under s.o. 332(1). Third reading. No debate.

FP 67


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FINANCIAL REVIEW DEBATE Debate resumed from 24 July on the Appropriation (2002/03 Financial Review) Bill. RICK BARKER (NZ Labour—Tukituki): It has been very interesting to listen to the speeches so far in this debate. What a terrible, dismal lot members of the National Party are . . .

Debate resumed—add day if resumed from another day. Add bill title for electronic searching.

GR 68

Precedent Manual: Gallery Rules 16 July 2004

DEBATE ON CROWN ENTITIES, PUBLIC ORGANISATIONS, AND STATE ENTERPRISES

(s.o. 329, 333, 334) Select committees, within 6 months of the relevant annual report having been presented, conduct and finally report to the House on a financial review of the performance and current operations of every Crown entity, public organisation or State enterprise allocated to it. (s.o. 329(3)—I.21#) The debate on the financial review of Crown entities, public organisations and State Enterprises may be set down as a Government order of the day in the charge of a Minister. This debate is the consideration in Committee of the performance in the previous financial year and the current operations of Crown entities, public organisations and State enterprises. (s.o.333(1). When the order of the day is reached, the House resolves itself into Committee, and the Committee considers financial reviews of Crown entities, public organisations and State enterprises as determined under s.o. 334. As each financial review is reached, the question is proposed that the report of the select committee on the financial review be noted. (s.o. 333(3)) The Government may select any day (other than a Wednesday on which members’ orders of the day take precedence) for the debate on the financial review of Crown entities, public organisations, and State enterprises. (s.o.334(1)) The Government determines which financial reviews are available for debate on a particular day and how long in total is to be spent on the debate that day. This information is to be included on the Order Paper. (s.o.334(2)) The Business Committee may determine the order in which financial reviews are to be considered and how long is available for considering each financial review. (s.o. 334(3)

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DEBATE ON CROWN ENTITIES, PUBLIC ORGANISATIONS, AND STATE ENTERPRISES

In Committee The CHAIRPERSON (Ann Hartley): The House is in Committee to debate the financial reviews . . . Public Trust Hon JIM ANDERTON (Minister responsible for the Public Trust): It gives me great pleasure . . . Report noted.

Heading. If the chairperson comments, put what he or she says if the rules of debate are outlined. Heading Ending.

GR 69

Precedent Manual: Gallery Rules 16 July 2004

GALLERY RULES

(s.o. 39-42; 387(3))

Under Standing Order 42 the Speaker, who controls admission to the Chamber, the lobbies, and the galleries, issues rules setting out who may be admitted to those areas and governing their conduct there. These rules are issued periodically by the Speaker. A member may move without notice that strangers be ordered to withdraw (s.o. 39). The procedure to be followed is set out in Standing Order 40. The Speaker/Chairperson or Serjeant-at-Arms may require strangers who interrupt proceedings, or who otherwise misconduct themselves, to leave the galleries and the precincts of Parliament (s.o. 41). A matter of privilege relating to the conduct of strangers present may be raised forthwith (s.o. 387(3)). Heading. If a reference to an event in the galleries or to a stranger occurs outside

of debate, it is headed “PARLIAMENT—”. However, most references occur during debate, and do not have a separate heading. If there is a result—for example, a stranger is ordered to leave the gallery—it is indexed under “PARLIAMENT—”.

CONTENTS During debate member refers to strangers in the gallery ..............................................GR2 During debate Speaker orders removal of a stranger....................................................GR2

LEA 70

Precedent Manual: Leave 16 July 2004

. . . what is rash. I want to acknowledge one or two people, especially Dame Te Ata-I-Rangi-Kaahu, Mr Robert Mahuta, and the whole of the Waikato-Tainu. But—I digress from the rules of Parliament—I give a special acknowledgment to those who are assembled here in the gallery this evening. We are not supposed to do that, but today I think we will escape the sanction of the Speaker. I want to acknowledge . . .

During debate member refers to strangers in the gallery.

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. . .The bill repeals the Employment Equity Act 1990 and the protracted negotiation provisions of the Labour Relations Act, as inserted earlier this year. Rt Hon Helen Clark: The Minister couldn't wait, could he? [Interruption] Hon W F BIRCH: I recognise that the friends of the Leader of the Opposition are breaching the rules of Parliament. [Interruption] Mr SPEAKER: I point out to people in the gallery that they are expected to keep quiet and not to interrupt the proceedings of the House. If they do, I am sorry but they will have to leave. [Interruption] A disturbance took place in the gallery, and a member of the public was removed on the instruction of the Speaker. Mr SPEAKER: I make it perfectly clear that if there is any further disturbance from the gallery I will have the gallery emptied. Hon W F BIRCH: The bill also contains several . . .

During debate Speaker orders removal of a stranger.

LEAVE (s.o. 3(1))

A member may seek the leave of the House or the Committee to change the order of

LEA 71


business, vary the rules of the House, move a motion without notice, table a document, make a personal explanation, and so on. The Speaker asks the House (or the Chair asks the Committee) whether any member objects to the leave being granted; if any member does object, leave is declined. The presiding officer then tells the Chamber the result. The seeking of leave is treated differently in Hansard according to what is being sought, and whether leave is granted or declined. The general principle is that the whole procedure—the member seeking leave, the presiding officer’s question to the Chamber, members' responses, and the presiding officer giving the result—is omitted if in doing so no information is lost. The seeking of leave is included where it adds to the understanding of the proceedings, e.g. leave to postpone a question or order of the day. However, note the following points. Response of members. The response of members to the presiding officer’s

question is not included unless, for example, a point of order refers to it. Vary order of business. The seeking of leave, the Speaker's question to the

House, and the Speaker giving the result are included in the text. Such leave is headed “BUSINESS OF THE HOUSE”, followed by the subheading “Procedure” if it relates to a particular bill or debate. See the first example on LEA3. See also ORDER PAPER AND BUSINESS OF THE HOUSE.

Tabling. When leave to table a document is granted, the Speaker's question to

the House (or the Chair’s to the Committee) and the presiding officer giving the result are excluded (see the second example on LEA4 and see TD3). When leave is declined, the seeking of leave is included. See the first two examples on LEA6 and examples on TD3). Note the heading if leave is sought to table a document outside debate. NB: Minister may be required to table documents under s.o. 361. Leave is not sought—see TD4.

Leave declined. When leave is declined, the seeking of leave, the presiding

officer’s question to the Chamber, and the presiding officer giving the result are included. See LEA6.

“I raise a point of order, Mr/Madam Speaker/Chairperson.” Members may

say “I raise a point of order, Mr/Madam Speaker/Chairperson.” before seeking the leave of the House or the Committee. Those words are omitted from the text.

LEA 72


CONTENTS LEAVE GRANTED To vary Business of the House ..................................................................... OPB7; LEA3 To vary order of business........................................................................................... LEA3 To instruct select committee ...................................................................................... LEA3 To move a motion to refer a S.O.P. to a select committee ........................................ LEA3 To move a motion without notice. ............................................................................. LEA4 To table a document during debate...................................................................TD3; LEA4 To make a personal explanation ................................................................................ LEA4 To amend an answer to a question............................................................................. LEA4 To rise early for dinner .............................................................................................. LEA5 Seeking of leave included because of the Speaker's remark...................................... LEA5 Words added to include information conveyed in seeking of leave .......................... LEA5 Seeking of leave included because of the Prime Minister's remark .......................... LEA5 To table a document during debate...............................................................................TD3 To table a document outside debate..............................................................................TD3 LEAVE DECLINED To table a document during debate...................................................................TD2; LEA6 To table a document outside debate..................................................................TD2; LEA6 To move a motion without notice .............................................................................. LEA6 To amend answer ....................................................................................................... LEA6

LEA 73


LEAVE GRANTED

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NEW ZEALAND SPORTS DRUG AGENCY BILL Procedure

TREVOR MALLARD (Pencarrow): I seek the leave of the House for members to bypass the Committee stage of the bill, then to take the third reading forthwith. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? Hon Members: No. Mr SPEAKER: There appears to be none.

Third Reading Hon JOHN BANKS (Minister for Sport, Fitness and Leisure): I move, That this Bill be now read a third time.

To vary order of business. The seeking of leave, the Speaker's question, and the Speaker giving the result are included. Put what the Speaker says but omit the response of members—the shaded words. For further examples see the ORDER PAPER AND BUSINESS OF THE HOUSE section.

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MAORI PURPOSES BILL Instruction to Māori Affairs Committee

Rt Hon DON McKINNON (Leader of the House): I seek leave for the Māori Affairs Committee in its consideration of the Maori Purposes Bill to have the power to consider and, if it thinks fit, adopt amendments to the Maori Trust Boards Act 1955, to remove the involvement of the Minister of Māori Affairs from the day-to-day business of the Māori trust boards. Mr DEPUTY SPEAKER: Is there any objection to that course of action? Hon Members: No. Mr SPEAKER: There appears to be none.

To instruct select committee. The seeking of leave, the Speaker's question, and the Speaker giving the result are included. Put what the Speaker says but omit the response of members.

LEA 74


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NURSES AMENDMENT BILL Referral of S.O.P. 30 to Social Services Committee

Rt Hon JONATHAN HUNT (Leader of the House): I seek leave to move a motion relating to the referral of Supplementary Order Paper 30, relating to the Nurses Amendment Bill, to the Social Services Committee for a special 2-hour hearing. Mr DEPUTY SPEAKER: Is there any objection to that course of action being followed? There appears to be none. Rt Hon JONATHAN HUNT: I move, That Supplementary Order Paper 30 be referred to the Social Services Committee for a special 2-hour hearing. Motion agreed to.

To move a motion to refer a S.O.P. to a select committee. Omit the shaded words—no information is lost. Ending.

LEA 75


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MOTIONS North Harbour Rugby Team Victory

PETER HILT (Glenfield): I seek leave to move without notice a motion relating to a non-controversial matter. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none. PETER HILT (Glenfield): I move, That the House congratulate the North Harbour rugby team, led by Richard Turner, on its magnificent victory over Auckland last Sunday. This is an . . . Motion agreed to.

To move a motion without notice. Omit the shaded words—no information is lost. For further examples see the MOTIONS section. Ending.

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. . . files on the Bank of New Zealand. The Government promises an inquiry, and I am asking for delivery of that promise. I raise a point of order, Mr Speaker. I seek leave to table documents 1 to 9 that were mentioned in my address today. They are the wiring documents and the searches of the Dutch registry in Amsterdam. Mr SPEAKER: Is there any objection to that course of action? There appears to be none. Documents, by leave, laid on the Table of the House.

To table a document during debate. Omit the shaded words. For further examples see the TABLING OF DOCUMENTS section. (note: documents)

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PERSONAL EXPLANATIONS Select Committee Attendance

TREVOR MALLARD (Pencarrow): I wish to make a personal explanation under Standing Order 343. Mr SPEAKER: Is there any objection? There appears to be none. TREVOR MALLARD: On the last occasion this House considered questions to chairmen of select committees, the chairman of the Local Government and Environment Committee criticised . . .

To make a personal explanation. Omit the shaded words. For further examples see the PERSONAL EXPLANATIONS section.

LEA 76


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Question No. 7 to Minister—Amended Answer Hon RUTH RICHARDSON (Minister of Finance): I seek leave to make a personal explanation under Standing Order 343. I replied to question No. 7, concerning . . . the Crown paid approximately $1.25 billion in relation to refinancing the refinery's debt.

Minister seeks leave to amend an answer to a question during question time. Omit the shaded words. For further examples see the QUESTIONS section.

LEA 77


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JOHN CARTER (Senior Government Whip): As we have made good progress this afternoon I suggest that now is an appropriate time for you to leave the Chair, to resume at 7.30 p.m. Mr SPEAKER: Leave is sought. Is there any objection? There appears to be none.

Sitting suspended from 5.20 p.m. to 7.30 p.m.

To rise early for dinner. Omit the shaded words. For further examples see the SITTING SUSPENDED AND HOUSE ADJOURNED section.

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SITTINGS OF THE HOUSE ROGER SOWRY (Junior Government Whip): Given that we have made progress, I seek leave that the House now rise until 7:30 p.m. Mr SPEAKER: I take it we are returning for the adjournment debate without the inclusion of Government notice of motion No. 5. Leave is sought for that purpose. Is there any objection? There appears to be none.


Seeking of leave included because of the Speaker's remark.

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Question No. 12 to Minister—Amended Answer Hon JOHN FALLOON (Minister for Racing): I seek leave to make a personal explanation under Standing Order 343 in relation to question No. 12, which I answered in the House today. The TEMPORARY SPEAKER (Peter Hilt): Leave is sought for the Minister to make a personal explanation. Is there any objection to that course of action? There appears to be none. Hon JOHN FALLOON: Very briefly, during question No. 12, which I answered in the House today, in answer to . . . I apologise to the House. I certainly did not intend to mislead the member; my memory just was not 100 percent accurate on the issue.

Words added to include information conveyed in seeking of leave. Omit the shaded words. Minister amends answer during question time. Underlined portion added to include information conveyed during the seeking of leave.

LEA 78


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MOTIONS Senior Firefighter Royd Kennedy

Rt Hon W F BIRCH (Maramarua): I seek leave to move without notice a motion that the brave actions of senior firefighter Royd Kennedy in rescuing a 12-year-old girl at Wiri recently be noted by the House. Mr SPEAKER: Is there any objection to leave being granted? There appears to be none. Rt Hon GEOFFREY PALMER (Prime Minister): I have sent a message to the Fire Service about the matter, and I think it would be very appropriate. Rt Hon W F BIRCH (Maramarua): I move, That Parliament recognise . . .

Seeking of leave included because of the Prime Minister's remark.

LEG 79

Precedent Manual: Legislation 16 July 2004

LEAVE DECLINED

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. . . and that is all I have to say on this subject. I seek leave to table the documents I have mentioned in my speech. Mr SPEAKER: Leave is being sought to table documents. Is there any objection? Hon Members: Yes. Mr SPEAKER: There is objection.

To table a document during debate. Put what the Speaker says but omit the response of member(s).

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TABLING OF DOCUMENTS Apple Fields Ltd

NICK SMITH (Nelson): I seek the leave of the House to table documents regarding attempts by Apple Fields Ltd of Christchurch to sabotage commercially New Zealand's exports to the United States. I think the documents would be of much interest to members of this House. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? An Hon Member: Yes. Mr SPEAKER: There appears to be objection.

To table a document outside debate. Heading is “TABLING OF DOCUMENTS” and the subheading is the subject. The words “I raise a point of order, Mr/Madam Speaker/Chairperson.” are omitted. Put what the Speaker says but omit the response of member(s).

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POINTS OF ORDER Fortex Group Collapse

Hon JIM SUTTON (Timaru): I raise a point of order, Mr Speaker. I seek the leave of the House to debate and vote, without notice, the motion, That the House require the Primary Production Committee to conduct an inquiry into the circumstances surrounding the collapse of Fortex Group Ltd and to advise the House on measures that might help to resolve the problems in the meat industry. Mr SPEAKER: Leave has been sought. Is there any objection to that course of action? Hon Members: Yes.

To move a motion without notice. The words “I raise a point of order, Mr Speaker.” are included. Put what the Speaker says but omit the response of member(s).

LEG 80


Mr SPEAKER: There is objection.

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AMENDED ANSWERS TO ORAL QUESTIONS Question No. 2 to Minister, 22 November

Hon JENNY SHIPLEY (Minister of Health): I raise a point of order, Mr Speaker. I wish to make a personal explanation under Standing Order 343. It concerns an answer to a question that I gave in the House yesterday. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? Hon Members: Yes. Mr SPEAKER: There is objection.

To amend an answer outside question time from a previous day—add date to free text in proforma. The seeking of leave is recorded. Omit the shaded words. Put what the Speaker says but omit the response of member(s).

LEGISLATION (s.o. 71, 252-282, 291-294, 305-311)

This section deals with procedures for all legislation except Imprest Supply Bills and Appropriation Bills, including the Budget debate, Estimates debate, Financial Review debate, and Supplementary Estimates, which are dealt with in the FINANCIAL PROCEDURES section. The introduction of a bill does not appear in Hansard (s.o. 273-279). When bills are introduced they are included in the Bulletin. Government bills and local bills can be introduced on a non-sitting day, but a member’s bill is not introduced until its introduction is announced to the House (s.o. 274). Bills are set down for first reading on the third sitting day after introduction. The Committee stage (except for Committee on estimates and Standing Orders—see the FINANCIAL PROCEDURES and STANDING ORDERS sections) is covered in the Committee Manual (s.o. 295-304,305). Refer to section G of the Style File for information on the Minister in charge of a bill, member in charge of local bills etc., members on behalf; and stages of a bill, terms used, and different kinds of bills. A significant change to the order of business in relation to a bill (e.g. omitting the Committee stage) is headed with the name of the bill, followed by the subheading “Procedure”. See the ORDER PAPER AND BUSINESS OF THE HOUSE section for examples. The examples in this section are grouped under the following headings.

LEG 81


FIRST READING (s.o. 280-282. The first reading is set down for the third sitting day following

introduction. The member who moves the first reading must indicate in his or her speech which committee the bill will be referred to, but this is not set out as a motion. A bill introduced during urgency (s.o. 279) may be introduced and proceeded with at any time, but not so as to interrupt a debate.

SECOND READING (s.o. 291-294. Consideration of a select committee report is now covered in

the second reading of a bill. If there has been division within the select committee, the Speaker puts the question that any amendments recommended by the committee by majority be agreed to (s.o. 292(1)). This will be unusual. There is no amendment to, or further debate on, these questions. See LEG 7 and 8. Amendments recommended by the select committee unanimously, and amendments recommended by the committee by majority that are agreed to by the House, are adopted as part of the bill when the House agrees that the bill should be read a second time (s.o. 294). The select committee may recommend that the name of the bill be changed. Head up the second reading with the original name of the bill, and, if the House agrees to the name change, include it at the end. See LEG8. A select committee may also divide a bill and report it separately to the House (s.o. 288). The second reading of such a bill is headed with its new name. A bill that has been read a second time is set down for consideration in the Committee of the whole House next sitting day. However, the Business Committee may decide that the bill does not require consideration in Committee, in which case it is set down for its third reading.

THIRD READING (s.o. 306-311)

TWO OR THREE BILLS TAKEN AT THE SAME TIME. The bills are named in the heading.

See LEG 12.

FOUR OR MORE BILLS TAKEN AT THE SAME TIME. The bills are not named in the heading. The third readings of four or more bills divided from another bill by the Committee of the whole House are headed with the name of the bill followed by the words “AND BILLS THEREFROM” if the original bill remains, or with “THIRD READINGS” if the original bill lapses. See LEG16.

BILLS TAKEN THROUGH MORE THAN ONE STAGE. The House may, after dealing with

one stage of a bill, immediately go on to the next stage. If the order of business will be varied as a result, leave must be sought. If the order of business will not be varied—that is, the Business Committee had decided that the bill would be taken through more than one stage, and the Order Paper states, for example, “Second reading and remaining stages”—leave is not required. In either case the main heading is not repeated. See LEG19-20.

MISCELLANEOUS. Instruction to Committee of the whole House (s.o. 176) An instruction may be given to the Committee of the whole House extending or restricting its powers with regard to its consideration of a bill. See LEG21. Instruction to select committee (s.o. 284(3)) A select committee may be granted special powers or given certain instructions in respect of its consideration of a bill. See LEG21. Recommittal (s.o. 305)

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A member may move that a bill be referred back to the Committee of the whole House after the third reading has been called. The motion is not debated. See LEG21-22. Discharge A member may move a motion or seek leave that the order of the day for a bill be discharged (s.o. 71(1)). The subheading reflects the purpose—e.g. referral to a select committee. A bill may also be discharged by default—e.g. if no member rises to move the relevant motion, in which case the subheading “Procedure” is used. See LEG10 and 22. Local and private bills may be withdrawn. The Speaker informs the House, and the bill is discharged from further consideration. Rescission of Resolution (s.o. 100) A member may move a motion or seek leave to rescind a resolution or vote in relation to a bill. The subheading may be “Rescission of Resolution”, or “Referral to the . . . Committee” if that is the purpose of the motion. See LEG23. See also the RESCISSION OR AMENDMENT OF RESOLUTIONS section. Referral of a Supplementary Order Paper (s.o. 189) The House may refer a S.O.P. to the select committee that is dealing with the bill. See LEG23-24. Referral of a bill to another select committee, or back to the original select committee (s.o. 284) The House may refer a bill to a select committee other than the one to which it was originally referred, or it may refer it back to the original committee. See LEG24-25. New Zealand Bill of Rights compliance (s.o. 264) Before a first reading is moved, the Attorney-General is required to bring to the House’s attention any provision that appears to be inconsistent with any of the rights and freedoms contained in the New Zealand Bill of Rights Act. This is done by the presentation of a paper for publication by order of the House. The Attorney-General may bring this to the attention of the House. See example on LEG6.

LEG 83


CONTENTS FIRST READING Standard motion ......................................................................................................... LEG5 Standard endings........................................................................................................ LEG5 Standard vote ............................................................................................................. LEG5 Motion to refer bill to select committee..................................................................... LEG5 Motion on behalf to refer bill to select committee..................................................... LEG5 Ending if first reading not agreed to .......................................................................... LEG5 Amendment to motion to refer bill to select committee ............................................ LEG6 First reading moved on behalf of Minister ................................................................ LEG6 Local, member's, or private bill—moved by member in charge of bill ..................... LEG6 SECOND READING Standard motion ......................................................................................................... LEG7 Standard ending ......................................................................................................... LEG7 Standard vote ............................................................................................................. LEG7 Majority amendments of select committee—agreed ................................................. LEG7 Majority amendments of select committee—party vote and party vote on second readingLEG7 Majority amendments of select committee—party vote and second reading agreed LEG7 Majority amendments of select committee—agreed and party vote on second readingLEG8 Majority amendments of select committee—not agreed to ....................................... LEG8 Name change.............................................................................................................. LEG8 Ending if second reading not agreed to...................................................................... LEG8 Second reading moved on behalf of Minister ............................................................ LEG8 Local, member’s, or private bill—moved by member in charge of bill .................... LEG8 Local, member’s, or private bill—moved on behalf of member in charge of bill (Style File F3.13).................................................................................................................... LEG8 Second reading not debated ....................................................................................... LEG9 Second readings of two bills—vote on one bill only................................................. LEG9 Second readings of two bills—leave sought, and usual procedure varied............... LEG10 Motion to discharge order of the day for second reading ....................................... LEG10 Motion to discharge order of the day for second reading not agreed to .................. LEG11 Order of the day re bill discharged by default ......................................................... LEG11 THIRD READING Standard motion ....................................................................................................... LEG12 Standard ending ....................................................................................................... LEG12 Standard vote ........................................................................................................... LEG12 Local, member's, or private bill—moved by member in charge of bill ................... LEG12 Local, member's, or private bill—moved on behalf of member in charge of bill (Style File F3.13).................................................................................................................. LEG12 Committee stage followed by third reading............................................................. LEG13 TWO OR THREE BILLS TAKEN AT THE SAME TIME Second readings of three bills .................................................................................. LEG14 Committee of the whole House divides bill into three bills..................................... LEG14 Ending if there is no vote ......................................................................................... LEG14 Ending if there is a vote on all the bills ................................................................... LEG15

LEG 84


Ending if there are separate votes on the bills ......................................................... LEG15 FOUR OR MORE BILLS TAKEN AT THE SAME TIME Committee of the whole House divides bill into four or more bills ........................ LEG16 Subsequent heading when original bill remains ...................................................... LEG16 Subsequent heading when original bill lapses ......................................................... LEG17 Debate resumes after interruption by other business ............................................... LEG17 Committee divides bill into seven bills, followed by third readings of two bills then five bills............................................................................................................................. LEG18 BILLS TAKEN THROUGH MORE THAN ONE STAGE Leave sought to take bill through all stages later that same day...........................................................LEG19 ......................................................................................................................................................... (continued) Leave sought to take bill, which is next order of the day, through all stages .......... LEG19 Leave sought to take bill through second and third stages later that day ................ LEG19 Leave sought to take bill through two stages at the same time; bill then dealt with LEG20 Bill taken through more than one stage, as decided by the Business Committee.... LEG20 Interruption between two stages of a bill ................................................................. LEG20 MISCELLANEOUS Instruction to Committee of the whole House re bill............................................... LEG21 Instruction to select committee re bills—motion..................................................... LEG21 Instruction to select committee re bill—leave sought.............................................. LEG21 Motion to recommit bill ........................................................................................... LEG21 Vote on motion to recommit bill in order to consider amendment.......................... LEG22 Motion to discharge order of the day re bill ....................................................... LEG11,22 Motion to discharge order of the day, after order of the day called—not agreed to LEG22 Motion to rescind resolution and refer bill .............................................................. LEG23 Leave sought to rescind resolution .......................................................................... LEG23 Motion to refer S.O.P. to select committee.............................................................. LEG23 Motion to refer S.O.Ps to select committee ............................................................. LEG24 Motion to refer bill and S.O.P. to select committee................................................. LEG24 Amendtion to motion to refer S.O.P. to to select committee................................... LEG24 Leave sought to refer S.O.P. to select committee .................................................................................LEG24 Motion to refer bill to second select committee....................................................... LEG25 Motion to refer bills to second select committees ................................................... LEG25 Motion to refer bill back and re-referral to select committee .................................. LEG25 Motion to re-refer bill—heading is “Referral” ........................................................ LEG25 New Zealand Bill of Rights compliance.................................................................. LEG26

LEG 85


FIRST READING

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GOVERNMENT SUPERANNUATION FUND AMENDMENT BILL First Reading

Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That the Government Superannuation Fund Amendment Bill be now read a first time. It is intended to refer the bill to the Finance and Expenditure Committee. The intention of this legislation is to reduce the Crown’s . . . Bill read a first time, and referred to the Finance and Expenditure Committee.

Standard motion. Name of bill repeated in motion. Motion is always included even if there is no debate. Standard ending. Standard referral motion is not included unless it is expanded. See examples in the SELECT COMMITTEE section.

A party vote was called for on the question, That the Government Superannuation Fund Amendment Bill be now read a first time. Bill read a first time, and referred to the Finance and Expenditure Committee.

Standard vote. Ending.

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Bill read a first time. Hon MARIAN HOBBS (Minister responsible for National Archives): I move, That the Archives, Culture, and Heritage Reform Bill be referred to the Government Administration Committee for consideration, and that the committee finally report back on or before 4 September 2000. Motion agreed to.

Motion to refer bill to select committee. Ending

LEG 86


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Hon DAVID CARTER (Minister for Senior Citizens), on behalf of the Minister for Enterprise and Commerce: I move, That the Commerce Amendment Bill be referred to the Commerce Committee with a report back date of 24 August 1999. Motion agreed to.

Motion on behalf to refer bill to select committee. Put motion as said—it will be checked later against the Journals. Replace colon with comma and insert obom proforma. Ending.

mote2 Motion not agreed to. Ending if first reading not agreed to.

LEG 87


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Bill read a first time.

Hon ANNETTE KING (Minister of Health): I move, That the New Zealand Public Health and Disability Bill be referred to the Health Committee and the committee have the authority to meet to consider the bill at any time the House is sitting, except during oral questions, during an evening on which there has been a sitting of the House, and on a Friday on which there has been a sitting of the House, notwithstanding Standing Orders 191 and 194(1)(a) and (c), and that the committee report the bill to the House by 14 November 2000. Rt Hon WYATT CREECH (Deputy Leader—NZ National): I move, That the motion be amended by omitting the date “14 November 2000” and substituting the date “28 February 2001”.

A party vote was called for on the question, That the amendment be agreed to.

Amendment not agreed to.

A party vote was called for on the question, That the motion be agreed to.

Motion agreed to.

Motion to refer bill to select committee, and amendment to motion. Amendment. Vote on amendment. Not agreed to. Vote on motion. Ending.

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COURTS AMENDMENT BILL First Reading

Hon PAUL EAST (Attorney-General), on behalf of the Minister of Justice: I move, That the Courts Amendment Bill be now read a first time. I have been . . .

First reading moved on behalf of Minister—replace colon with comma and insert obom proforma.

LEG 88


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ROYAL SOCIETY OF NEW ZEALAND BILL First Reading

Hon ANNETTE KING (NZ Labour—Rongotai): I move, That the Royal Society of New Zealand Bill be now read a first time. I have a . . .

Local, member's, or private bill—moved by member in charge of bill. Member in charge is set up with his or her electorate/party [NOT portfolio] On behalf—see the Style File F3.13.

LEG 89


SECOND READING

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TAX REDUCTION AND SOCIAL POLICY BILL Second Reading

Rt Hon W F BIRCH (Minister of Finance): I move, That the Tax Reduction and Social Policy Bill be now read a second time. This . . . Bill read a second time.

Standard motion. Name of bill repeated in motion. Standard ending.

A party vote was called for on the question, That the Tax Reduction and Social Policy Bill be now read a second time. Bill read a second time.


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Amendments recommended by the Health Committee by majority agreed to. Bill read a second time.

Amendment(s) recommended by majority of select committee agreed to. Ending.

A party vote was called for on the question, That the amendments recommended by the Finance and Expenditure Committee by majority be agreed to. Question agreed to. A party vote was called for on the question, That the Tax Reduction and Social Policy Bill be now read a second time. Bill read a second time.

Vote on amendment(s) recommended by majority of select committee and vote on second reading. Agreed. Vote on second reading. Ending.

LEG 90


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A party vote was called for on the question, That the amendments recommended by the Finance and Expenditure Committee by majority be agreed to. Question agreed to. Bill read a second time.

Vote on amendment(s) recommended by majority of select committee, but no vote on second reading. Agreed. Ending.

LEG 91


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Amendments recommended by the Health Committee by majority agreed to. A party vote was called for on the question, That the New Zealand Public Health and Disability Bill be now read a second time. Bill read a second time.

Amendment(s) recommended by majority of select committee agreed to, but a vote on second reading. Ending.

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Amendments recommended by the Local Government and Environment Committee by majority not agreed to. Bill read a second time. Name changed to Wildlife (Penalties and Related Matters) Amendment Bill.

Amendment(s) recommended by majority of select committee not agreed to. No vote on second reading. Ending. Name change recommended by select committee. Note: If select committee has divided a bill and reported it separately, the new bill is set up with the new name for its second reading and following stages.

mote2 Motion not agreed to. Ending if second reading not agreed to.

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COURTS AMENDMENT BILL Second Reading

Hon PAUL EAST (Attorney-General), on behalf of the Minister of Justice: I move, That the Courts Amendment Bill be now read a second time. I have been . . .

Second reading moved on behalf of Minister—replace colon with comma and insert obom pro forma.

LEG 92


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ROYAL SOCIETY OF NEW ZEALAND BILL Second Reading

Hon ANNETTE KING (NZ Labour—Rongotai): I move, That the Royal Society of New Zealand Bill be now read a second time. I have a . . .

Local, member's, or private bill—moved by member in charge of bill. Member in charge is set up with his or her electorate/party [NOT portfolio] On behalf—see the Style File F3.13.

LEG 93


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STATE SECTOR (KINDERGARTEN REINSTATEMENT) BILL Second Reading

JIM ANDERTON (Leader—The Alliance), on behalf of Liz Gordon (The Alliance): I move, That the State Sector (Kindergarten Reinstatement) Bill be now read a second time. I recommend . . .

Local, member's, or private bill—on behalf of member in charge of bill. On behalf—see the Style File F3.13—replace colon with comma and insert oboft pro forma.

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INTELLIGENCE AND SECURITY AGENCIES BILL Second Reading

Hon J B BOLGER (Minister in charge of the New Zealand Security Intelligence Service): I move, That the Intelligence and Security Agencies Bill be now read a second time. Bill read a second time.

Second reading not debated. The motion is always included. Ending.

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INCOME TAX AMENDMENT BILL INCOME TAX (ANNUAL) BILL

Second Readings Hon R O DOUGLAS (Minister of Finance): I move, That the Income Tax Amendment Bill and the Income Tax (Annual) Bill be now read a second time. Part I of the Income Tax Amendment Bill deals principally with the repeal of . . . A party vote was called for on the question, That the Income Tax Amendment Bill be now read a second time. Bill read a second time. Income Tax (Annual) Bill read a second time.

Second readings of two bills. Vote on one bill only. Ending. Ending for second bill.

LEG 94


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TAXATION REFORM BILL (NO 5) SUPERANNUATION SCHEMES BILL

Procedure Hon JONATHAN HUNT (Leader of the House): I seek leave—and in advance I thank the House for its cooperation—to take the second readings of the Taxation Reform Bill (No 5) and the Superannuation Schemes Bill together and the Committee stage of each Bill separately, after which we will move to the third readings of the bills as one question. Mr SPEAKER: Is there any objection to that course being followed? It appears to be accepted and agreed to.

Second Readings

Hon DAVID CAYGILL (Minister of Finance): I move, That the Taxation Reform Bill (No 5) and the Superannuation Schemes Bills be now read a second time. Because of . . . A party vote was called for on the question, That the Taxation Reform Bill (No 5) and the Superannuation Schemes Bill be now read a second time. Bills read a second time.

Second readings of two bills—leave sought, and usual procedure varied. The subheading “Procedure” is used. Motion on second readings of bills taken together. Vote. Ending.

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REDUCTION OF VIOLENCE ON TELEVISION BILL Discharge

LARRY SUTHERLAND (NZ Labour—Christchurch East): I move, That the order of the day for the second reading of the Reduction of Violence on Television Bill be discharged. I want to . . . Motion agreed to.

Motion to discharge order of the day for second reading of bill. Member in charge of any bill may withdraw it by advising the Clerk (s.o. 71). If an order of the day for the reading of a bill is discharged, the bill dies. Ending.

LEG 95


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EVIDENCE (WITNESS ANONYMITY) AMENDMENT BILL Referral to Justice and Electoral Committee

MATT ROBSON (The Alliance): I move, That the order of the day for the second reading of the Evidence (Witness Anonymity) Amendment Bill be discharged, and the bill be referred back to the Justice and Electoral Committee for further consideration. This bill discusses. . . . Motion not agreed to. Second Reading Hon D A M GRAHAM (Minister of Justice): I move, That the Evidence (Witness Anonymity) Amendment Bill be now read a second time. It gives me great pleasure . . .

Motion to discharge order of the day for second reading, after order of the day called. The subheading reflects the purpose. Ending. Because the motion to discharge was not agreed to, the House then proceeded with the order of the day for the second reading of the bill.

LEG 96


THIRD READING

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ELECTORAL AMENDMENT BILL (NO 3) Third Reading

Rt Hon GEOFFREY PALMER (Minister of Justice): I move, That the Electoral Amendment Bill (No 3) be now read a third time. The bill has many excellent . . .


Standard motion. Standard ending.

A party vote was called for on the question, That the Electoral Amendment Bill (No 3) be now read a third time. Bill read a third time.


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ROYAL SOCIETY OF NEW ZEALAND BILL Third Reading

Hon ANNETTE KING (NZ Labour—Rongotai): I move, That the Royal Society of New Zealand Bill be now read a third time. I would . . .

Local, member's, or private bill—moved by member in charge of bill. Member in charge is set up with his or her electorate/party [NOT portfolio].

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STATE SECTOR (KINDERGARTEN REINSTATEMENT) BILL Third Reading

JIM ANDERTON (Leader—The Alliance), on behalf of Liz Gordon (The Alliance): I move, That the State Sector (Kindergarten Reinstatement) Bill be now read a third time. I think . . .

Local, member's, or private bill—moved on behalf of member in charge of bill. On behalf—see the Style File F3.13—replace colon with comma and insert oboft pro forma.

LEG 97


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SILVERPEAKS COUNTY COUNCIL (KARITANE LUMP SUM VALIDATION) BILL

In Committee

The question was put that the amendments set out on Supplementary Order Paper 29 in the name of Hon. Bill Birch be agreed to. Amendments agreed to. Clauses 1 and 2 agreed to. Clause 3 as amended by Supplementary Order Paper 29 agreed to. Schedule agreed to. Bill reported with amendment.

Third Reading Hon W F BIRCH (Minister of Local Government): I move, That the Silverpeaks County Council (Karitane Lump Sum Validation) Bill be now read a third time. Bill read a third time.

Committee stage followed by third reading. The motion is included. Ending.

LEG 98


TWO OR THREE BILLS TAKEN AT THE SAME TIME

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INCOME TAX BILL TAXATION REVIEW AUTHORITIES BILL

TAX ADMINISTRATION BILL Procedure

Rt Hon DON McKINNON (Leader of the House): I seek the leave of the House to take the three tax bills—orders of the day Nos 6, 7, and 8—as one question. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

Second Readings Hon WYATT CREECH (Minister of Revenue): I move, That the Income Tax Bill, the Taxation Review Authorities Bill, and the Tax Administration Bill be now read a second time. I suspect . . . Bills read a second time.

Second readings of three bills. Subheading required. The seeking of leave is included because the order of business is being varied. Motion. Second reading debates. Ending.

LEG 99


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The Committee divided the bill into the Biosecurity Bill, the Animal Identification Bill, and the Conservation Amendment Bill (No 3), pursuant to Supplementary Order Paper 265. Bill reported without amendment.

Procedure JOHN CARTER (Junior Government Whip): I seek the leave of the House to take the third reading of those bills as one. Mr SPEAKER: Is there any objection to that course of action being followed? There appears to be none.

BIOSECURITY BILL ANIMAL IDENTIFICATION BILL

CONSERVATION AMENDMENT BILL (NO 3) Third Readings

Hon JOHN FALLOON (Minister of Agriculture) I move, That the Biosecurity Bill, the Animal Identification Bill, and the Conservation Amendment Bill (No 3) be now read a third time. I shall not speak for very long, except to say . . . Bills read a third time.

Committee of the whole House divides bill into three bills. Ending. Leave sought to take the third readings of three bills at the same time (included because the order of business is being varied.) Motion. Ending if there is no vote.

LEG 100


A party vote was called for on the question, That the Biosecurity Bill, the Animal Identification Bill, and the Conservation Amendment Bill (No 3) be now read a third time. Bills read a third time.

Ending if there is a vote on all the bills.

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A party vote was called for on the question, That the Biosecurity Bill be now read a third time. Bill read a third time. Animal Identification Bill read a third time. A party vote was called for on the question, That the Conservation Amendment Bill (No 3) be now read a third time. Bill read a third time.

Ending if there are separate votes on the bills. Vote on first bill. Ending. No vote on second bill. Vote on third bill. Ending.

LEG 101


FOUR OR MORE BILLS TAKEN AT THE SAME TIME

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IMPERIAL LAWS APPLICATION BILL In Committee

The Committee divided the bill into the Imperial Laws Application Bill, the Acts Interpretation Amendment Bill, the Crimes Amendment Bill, the Crown Proceedings Amendment Bill, the Evidence Amendment Bill, the Judicature Amendment Bill, and the Shipping and Seamen Amendment Bill, pursuant to Supplementary Order Paper 58. Bill reported without amendment.

IMPERIAL LAWS APPLICATION BILL; AND BILLS THEREFROM Third Readings

Rt Hon GEOFFREY PALMER (Minister of Justice): I move, That the Imperial Laws Application Bill, the Acts Interpretation Amendment Bill, the Crimes Amendment Bill, the Crown Proceedings Amendment Bill, the Evidence Amendment Bill, the Judicature Amendment Bill, and the Shipping and Seamen Amendment Bill be now read a third time. It is with great pleasure . . . Bills read a third time. OR A party vote was called for on the question, That the Imperial Laws Application Bill, the Acts Interpretation Amendment Bill, . . . be now read a third time. Bills read a third time.

Committee of the whole House divides bill into four or more bills. Ending. Subsequent heading when original bill remains. Add “; AND BILLS THEREFROM” to heading. Ending if there is no vote. Ending if there is a vote on all the bills. For the ending when the bills are voted on separately, see LEG15.

LEG 102


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THIRD READINGS Hon DAVID CAYGILL (Associate Minister of Finance): I move, That the Goods and Services Tax Amendment Bill, the Customs Amendment Bill (No 2), the Distillation Amendment Bill, the Beer Amendment Bill, the Gaming Duties Amendment Bill, the Taxation Acts Repeal Bill, and the Transport Amendment Bill be now read a third time. The . . . Bills read a third time. OR A party vote was called for on the question, That the Goods and Services Tax Amendment Bill, the Customs Amendment Bill (No 2) . . . be now read a third time. Bills read a third time.

Subsequent heading when original bill lapses. Ending if there is no vote. Ending if there is a vote on all the bills. For the ending when the bills are voted on separately, see LEG15.

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THIRD READINGS Debate resumed on the third readings of the Income Tax Act 1994 Amendment Bill (No 7), the Income Tax Act 1976 Amendment Bill (No 4), the Tax Administration Amendment Bill (No 4), the Social Security Amendment Bill (No 3), and the Social Welfare (Transitional Provisions) Amendment Bill.

Debate resumes after interruption by other business—eg, question time. Bills are named.

LEG 103


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The Committee divided the bill into the Income Tax Act 1976 Amendment Bill (No 2), the Income Tax Act 1994 Amendment Bill (No 2), the Goods and Services Tax Amendment Bill (No 2), the Estate and Gift Duties Amendment Bill (No 2), the Tax Administration Amendment Bill, the Local Government Amendment Bill (No 2), and the Student Loan Scheme Amendment Bill, pursuant to Supplementary Order Paper 85. Bill reported without amendment.

Procedure Rt Hon DON McKINNON (Leader of the House): I seek the leave of the House for the third readings to be taken forthwith. I suggest that the third reading of the Income Tax Act 1976 Amendment Bill (No 2) be taken as a single reading, and that the other six bills be taken as a single reading. Hon Dr MICHAEL CULLEN (St Kilda): I raise a point of order, Mr Speaker. Could I suggest that the leave be revised in relation to the third reading debate so that the two income tax amendment bills are taken as one question and the other five bills are taken together. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

INCOME TAX ACT 1976 AMENDMENT BILL (NO 2) INCOME TAX ACT 1994 AMENDMENT BILL (NO 2)

Third Readings Hon WYATT CREECH (Minister of Revenue): I move, That the Income Tax Act 1976 Amendment Bill (No 2) and the Income Tax Act 1994 Amendment Bill (No 2) be now read a third time. I . . .

Bills read a third time.

THIRD READINGS Hon WYATT CREECH (Minister of Revenue): I move, That the Goods and Services Tax Amendment Bill (No 2), the Estate and Gift Duties Amendment Bill (No 2), the Tax Administration Amendment Bill, the Local Government Amendment Bill (No 2), and the Student Loan Scheme Amendment Bill be now read a third time. This is probably the most . . . Bills read a third time.

Committee divides bill into seven bills, followed by third readings of two bills then five bills. Leave granted to take two bills together then remaining five bills. The seeking of leave is included because the order of business in being varied. Third readings of two bills Ending. Third readings of remaining five bills. Ending. Hansard, Volume 547, at pages 6820 to 6827.

LEG 104


BILLS TAKEN THROUGH MORE THAN ONE STAGE

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SMOKE-FREE ENVIRONMENTS AMENDMENT BILL (NO 2) Procedure

Hon PAUL EAST (Leader of the House): I seek leave for the Smoke-free Environments Amendment Bill (No 2) to be passed through all its stages at one sitting today. Mr SPEAKER: Is there any objection to that course of action being followed? There appears to be none.

Leave sought to take bill through all stages later that same day—leave granted. The seeking of leave must be included because the order of business is varied.

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SMOKE-FREE ENVIRONMENTS AMENDMENT BILL Procedure

Hon PAUL EAST (Leader of the House): I seek leave for the Smoke-free Environments Amendment Bill to be passed through all its stages at one sitting today. Mr SPEAKER: Is there any objection to that course of action being followed? There appears to be none.

Second Reading Hon SIMON UPTON (Minister of Health): I move, That the Smoke-free Environments Amendment Bill be now read a second time. This very brief bill amends the Smoke-free Environments Act 1990 so as to enable . . . Bill read a second time.

In Committee Bill reported without amendment.

Third Reading Hon SIMON UPTON (Minister of Health): I move, That the Smoke-free Environments Amendment Bill be now read a third time. I do not intend . . . Bill read a third time.

Leave sought to take bill, which is next order of day, through all stages—leave granted. (The order of business is being varied.) Main heading not repeated when stages follow on without interruption. Ending. Ending. Ending.

LEG 105


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COUNTRYWIDE BANKING CORPORATION LIMITED BILL Procedure

Rt Hon JONATHAN HUNT (Senior Opposition Whip): I seek leave that when the House comes shortly to the Countrywide Banking Corporation Limited Bill, we proceed forthwith to the third reading at the conclusion of the second reading. Mr DEPUTY SPEAKER: Is there any objection to that course of action being taken? There appears to be none.

Leave sought to take bill through second and third stages later that day—leave granted. (The order of business is being varied.)

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OTAGO FOUNDATION TRUST BOARD BILL Procedure

JOHN CARTER (Junior Government Whip): I seek the leave of the House to allow the bill to go through all its main stages in one reading. Mr SPEAKER: Is there any objection? There appears to be none.

Second Reading Third Reading

Hon Dr MICHAEL CULLEN (St Kilda): I move, That the Otago Foundation Trust Board Bill be now read a second and a third time. I thank the House . . . Bill read a second time and a third time.

Leave sought to take bill through two stages at the same time; bill then dealt with. (The order of business is being varied.) Delete member set up for b2r3 pro forma. Ending—add ending for third reading.

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JUDICATURE AMENDMENT BILL Second Reading

Hon PAUL EAST (Attorney-General), on behalf of the Minister of Justice: I move, That the Judicature Amendment Bill be now read a second time. The bill is short and . . . Bill read a second time.

Third Reading Hon PAUL EAST (Attorney-General), on behalf of the Minister of Justice: I move, That the Judicature Amendment Bill be now read a third time. Perhaps without infringing . . .

Bill taken through more than one stage, as decided by the Business Committee. The Order Paper will state: “Second reading and remaining stages”. Leave is not required as the order of business is not varied c.f. LEG19. Replace colon with comma and insert obom pro forma.

LEG 107


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FINANCE BILL (NO 3) In Committee

Bill reported without amendment.

VISITORS Hon John Fahey

Mr SPEAKER: I have much pleasure in informing members that the Hon. John Fahey, Premier of New South Wales, is present in the Chamber. I am sure that members would wish to accord him a warm welcome.

FINANCE BILL (NO 3) Third Reading

Hon DAVID BUTCHER (Associate Minister of Finance): I move, That the Finance Bill (No 3) be now read a third time. This type of bill is commonly known as a washing-up measure, in which several matters . . .

Interruption between two stages of a bill. Because the stage is finished, “Debate interrupted.” and “Debate resumed.” are not necessary. Bill headed up again.

LEG 108


MISCELLANEOUS

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AUCKLAND CITY COUNCIL (ST HELIERS BAY RESERVE) BILL

Instruction to Committee CLEM SIMICH (Tamaki): I move, That it be an instruction to the Committee of the whole House on the Auckland City Council (St Heliers Bay Reserve) Bill that it have the power, if it thinks fit, to amend the title in the manner set out on Supplementary Order Paper 90. Motion agreed to.

Instruction to Committee of the whole House re bill. Ending.

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WHEAT LEVIES BILL MINISTRY OF ENERGY AMENDMENT BILL (NO 2)

Instruction to Commerce Committee Hon PAUL EAST (Leader of the House): I move, That it be an instruction to the Commerce Committee that, notwithstanding Standing Order 281(3), it have the power to consider and, if it thinks fit, to recommend amendments to any provision of the Wheat Levies Bill and the Ministry of Energy Amendment Bill (No 2). Motion agreed to.

Instruction to select committee re bills—motion. Ending.

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Rt Hon DON McKINNON (Leader of the House): I seek leave for the Māori Affairs Committee in its consideration of the Maori Purposes Bill to have the power to consider and, if it thinks fit, adopt amendments to the Maori Trust Boards Act 1955, to remove the involvement of the Minister of Māori Affairs from the day-to-day business of Māori trust boards. Mr DEPUTY SPEAKER: Is there any objection to that course of action? There appears to be none.

Instruction to select committee re bill—leave sought; leave granted.

LEG 109


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HOSPITALS AMENDMENT BILL Recommittal

LIANNE DALZIEL (Christchurch Central): I move, That the Hospitals Amendment Bill be recommitted. Mr SPEAKER: This is a question put without debate. A party vote was called for on the question, That the motion be agreed to. Motion not agreed to.

Motion to recommit bill to Committee of the whole House. See LEG25 for referrals back to select committees. Include any comment from the Speaker. Vote. Because there is no intervening debate the motion is not repeated. Ending.

LEG 110


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REDUCTION OF VIOLENCE ON TELEVISION BILL Discharge

LARRY SUTHERLAND (NZ Labour—Christchurch East): I move, That the order of the day for the second reading of the Reduction of Violence on Television Bill be discharged. I want to take . . . Motion agreed to.

Motion to discharge order of the day for the second reading of a bill. (s.o. 71). Member in charge of bill may withdraw it by advising the Clerk. If an order of the day is discharged, the bill dies. Ending.

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EVIDENCE (WITNESS ANONYMITY) AMENDMENT BILL Referral to Justice and Electoral Committee

MATT ROBSON (The Alliance): I move, That the order of the day for the second reading of the Evidence (Witness Anonymity) Amendment Bill be discharged, and the bill be referred back to the Justice and Electoral Committee for further consideration. This bill discusses . . . Motion not agreed to.

Second Reading Hon D A M GRAHAM (Minister of Justice): I

Motion to discharge order of the day for consideration of report on bill, after order of the day called. The subheading reflects the purpose.

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TELECOMMUNICATIONS AMENDMENT BILL Recommittal

Mr McLEAN (Tarawera): I move, That the order of the day for the third reading of the Telecommunications Amendment Bill be discharged, and that the bill be recommitted for the purposes of considering the following amendment: The principal Act is hereby amended by inserting after section 31 the following section: “The Minister, in exercising his rights as the holder of the Kiwi share, shall do so as best to ensure that the corporation holds any increases in residential rentals . . .”. A party vote was called for on the question, That the motion be agreed to. Motion not agreed to.

Vote on motion to recommit bill in order to consider amendments in Committee of the whole House. Vote. Because there is no intervening debate the motion is not repeated. Ending.

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move, That the Evidence (Witness Anonymity) Amendment Bill be now read a second time. Last week . . .

Ending—when motion not agreed to. Because the motion to discharge was not agreed to, the House then proceeded with the order of the day for the second reading of the bill.

LEG 112


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HEALTH RESEARCH COUNCIL BILL Referral to Social Services Committee

Rt Hon JONATHAN HUNT (Leader of the House): I move, That the House's resolution of Thursday, 29 March 1990, that the Education and Science Committee consider the Health Research Council Bill be rescinded, and that the Social Services Committee consider the bill. Motion agreed to.

Motion to rescind a resolution of the House and refer the bill to another select committee (s.o.100). Ending.

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FINANCE BILL Rescission of Resolution

Rt Hon JONATHAN HUNT (Senior Opposition Whip): I wonder whether we could just reflect a little before we proceed . . . Rt Hon DON McKINNON (Leader of the House): I seek leave of the House that Government motion No. 1 relating to the Finance Bill be rescinded and be put again after the introduction of the companies legislation. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none. Resolution, by leave, rescinded.

Leave sought to rescind a resolution of the House—leave granted. Seeking of leave included. Ending.

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NURSES AMENDMENT BILL Referral of S.O.P. 30 to Social Services Committee

Rt Hon JONATHAN HUNT (Leader of the House): I seek leave to move a motion relating to the referral of Supplementary Order Paper 30, relating to the Nurses Amendment Bill, to the Social Services Committee for a special 2-hour hearing. That motion will be put forthwith without debate. Mr DEPUTY SPEAKER: Is there any objection to that course being followed? There appears to be none. Rt Hon JONATHAN HUNT: I move, That Supplementary Order Paper 30 be referred to the Social Services Committee for a special 2-hour hearing. Motion agreed to.

Motion to refer S.O.P. to select committee. Omit the shaded words. Seeking of leave omitted because of subsequent explanatory motion. Ending.

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SOCIAL WELFARE REFORM BILL Referral of S.O.Ps 103, 104, 114, 115, and 150 to Social Services

Committee Hon PETER GRESHAM (Minister of Social Welfare): I move, That Supplementary Order Papers 103, 104, 114, 115, and 150 relating to the Social Welfare Reform Bill be referred to the Social Services Committee for consideration. These Supplementary . . . Motion agreed to.

Motion to refer S.O.Ps to select committee. Ending.

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SOCIAL WELFARE REFORM BILL Referral of Bill and S.O.P. 103 to Social Services Committee

Hon PETER GRESHAM (Minister of Social Welfare): I move, That the Social Welfare Bill and Supplementary Order Paper 103 be referred to the Social Services Committee for consideration. I move that motion because . . . Motion agreed to.

Motion to refer bill and S.O.P. to select committee. Ending.

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RUTH RICHARDSON (Selwyn): I thank the Minister for . . . I move, as an amendment to the motion, That the Social Services Committee report back to the House on 11 July. Amendment agreed to. Motion as amended agreed to.

Amendment to motion to refer S.O.P. to select committee. Ending. If there is a vote on the amendment, restate the amendment.

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FINANCE BILL Referral of S.O.P. 346 to Government Administration Committee

Rt Hon DON McKINNON (Leader of the House): I seek leave for Supplementary Order Paper 346 relating to the Finance Bill (No 2) to be referred to the Government

Leave sought to refer S.O.P. to select committee—leave granted.

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Administration Committee for consideration so that the committee in its consideration of the Bill will have power to consider and, if it thinks fit, to adopt the amendments set out on the Supplementary Order Paper. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

LEG 115


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LOCAL ELECTIONS (SINGLE TRANSFERABLE VOTE OPTION) BILL

Referral to Local Government and Environment Committee JOHN CARTER (Senior Whip—NZ National): I move, That the order of the day for the second reading of the Electoral Law Committee on the Local Elections (Single Transferable Vote Option) Bill be discharged, and that the bill be referred to the Local Government and Environment Committee. There are several reasons . . . Motion agreed to.

Motion to refer bill to second select committee. Note that the bill is being referred to another select committee rather than having its second reading. Ending.

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BUSINESS OF SELECT COMMITTEES Hon WYATT CREECH (Leader of the House): I move, That (i) the Agricultural Compounds Bill and the Irradiation Plant Public Consultation Bill be referred to the Transport and Environment Committee . . . Motion agreed to.

Motion to refer bills to second select committees (these bills had previously been referred to other select committees). Use the “BUSINESS OF SELECT COMMITTEES” heading when it is impractical to specify the bills concerned. Ending.

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CONTINUANCE OF NAPIER HOSPITAL BILL Referral to Health Committee

GEOFF BRAYBROOKE (NZ Labour—Napier): I move, That the order of the day for the second reading of the Continuance of Napier Hospital Bill be discharged, and that the bill be referred back to the Health Committee for further consideration. I do that for one . . . Motion not agreed to.

Motion to refer bill back to select committee. Ending.

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TRUTH IN SENTENCING BILL Referral to Law and Order Committee

Hon RICHARD PREBBLE (Leader—ACT NZ): I move, That the order of the day for the Truth in Sentencing

NB: Re-referred because of member’s words. Subheading is “Referral”.

LEG 116


Bill be discharged, and that the bill be re-referred to the Law and Order Committee. A party vote was called for on the question, That the motion be agreed to. Motion not agreed to.

Ending.

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Precedent Manual: Minister to be Present 16 July 2004

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TRADE IN ENDANGERED SPECIES AMENDMENT BILL

New Zealand Bill of Rights Act Compliance Hon PAUL EAST (Attorney-General): Just before the debate begins on private and members' bills, I wish to draw the attention of the House to the fact that with regard to the second member's bill on the Order Paper, the Trade in Endangered Species Amendment Bill, I have tabled an opinion, which is available to members, that sets out my conclusions that parts of the bill, particularly clause 2, may be in conflict with the New Zealand Bill of Rights Act. Firstly. . .

New Zealand Bill of Rights Act compliance.

MINISTER TO BE PRESENT (s.o. 38)

Standing Order 38, “Minister to be present”, states: “A Minister must be present during all sitting hours of the House. If a Minister is not present the Speaker interrupts proceedings and the bell is rung for up to five minutes. Where no Minister appears, the Speaker adjourns the House until the time for its next sitting.” An editorial comment is inserted in Hansard giving the name of the member who raised the matter and the Speaker/Chairperson's declaration, and stating whether the bell was rung. Bell not rung. The bell will not be rung if the Speaker/Chair, on looking around

the Chamber, discovers that a Minister is present. See the second and fourth examples on MSP 2 for the appropriate wording. However, if the Speaker/Chair says “Ring the bell.”, indicate that the bell was rung even if it was not rung.

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CONTENTS

Member raises question that Minister not present ..................................................... MSP2 Member raises question that Minster not present—bell not rung.............................. MSP2 Speaker raises question that Minister not present...................................................... MSP2 Deputy Speaker raises question that Minister not present ........................................ MSP2 Chairperson raises question that Minister not present—bell not rung....................... MSP2 Point of order raised during call for Minister to be present. ...................................... MSP2 Point of order raised after call for Minister to be present, about call. ....................... MSP3

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The question was raised by the Hon Richard Prebble that a Minister was not present in the Chamber. The bell was rung and the Speaker declared that a Minister was present.

Member raises question that Minister not present—bell rung.

bellnr The question was raised by Grant Gillon that a Minister was not present in the Chamber. The Speaker declared that a Minister was present.

Member raises question that Minister not present—bell not rung.

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The Speaker raised the question that a Minister was not present in the Chamber. The bell was rung and the Speaker declared that a Minister was present.

Speaker raises question that Minister not present. How to refer to other presiding officers is set out in the Style File F2.1.

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The Deputy Speaker raised the question that a Minister was not present in the Chamber. The bell was rung and the Deputy Speaker declared that a Minister was present.

Deputy Speaker raises question that Minister not present. Bell rung.

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The Chair raised the question that a Minister was not present in the Chamber. The Chair then declared that a Minister was present.

Chairperson raises question that Minister not present—bell not rung.

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. . . I believe that the hospital and medical systems— The question was raised by Warren Kyd that a Minister was not present in the Chamber. The bell was rung. Robert Anderson: I raise a point of order, Mr Speaker. As I understand the Standing Orders, there is an obligation . . . Mr SPEAKER: I am sure that the honourable member . . . Warren Kyd: I raise a point of order, Mr Speaker. Is the honourable member for Mangere permitted . . . Mr SPEAKER: That is not a point of order. There is a Minister present. Rt Hon David Lange: I raise a point of order, Mr Speaker. I thought I heard someone interjecting that members on this side . . . Mr SPEAKER: I thank the honourable member for that comment, but I think we should proceed. Mr TREVOR ROGERS: I am reminded of the time my . . .

Point of order raised during call for Minister to be present. Call for Minister to be present. Point of order raised. Further point of order raised. Speaker declares there is a Minister present. Further point of order. Member speaking before call for Minister to be present resumes speech.

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Precedent Manual: Ministerial Statements 16 July 2004

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. . . growth that have not been mentioned, either.

Sitting suspended from 6 p.m. to 7.30 p.m. The question was raised by Warren Kyd that a Minister was not present in the Chamber. The bell was rung and the Speaker declared that a Minister was present. John Carter: I raise a point of order, Mr Speaker. While the bell was ringing, two members. . . Mr SPEAKER: I am advised that there is nothing to . . . PAUL SWAIN: I hope the problem. . .

Point of order raised after call for Minister to be present, about call. Call for Minister to be present. Speaker declared there was a Minister present. Point of order raised. Member who was speaking before call for Minister to be present resumes speech.

MINISTERIAL STATEMENTS

(s.o. 341-342)

A Minister may make a statement informing the House of some matter of significant public importance that is required to be brought to the House's attention immediately (s.o. 341(1)). Leave is not needed. The statement may be made at any time but not so as to interrupt a member who is speaking (s.o. 341(2)). The leader of each party with six or more members, or a member authorised by the leader, may comment on a ministerial statement (s.o. 342). For examples of the Prime Minister's statement on the first sitting day of each year (if that day is not the first day of the meeting of a new Parliament or the first day of a session of Parliament), see the DEBATES section (DEB13). Heading. Because a ministerial statement does not relate to a question before the

House, if it occurs during a debate the debate must be interrupted, the ministerial statement must be headed up, and the debate must be headed up again when the ministerial statement is concluded.

Amendment to answer. A ministerial statement that amends an answer to a

question is headed up with the type and number of the question (and date if applicable), followed by “—Amended Answer” (if during question time) or with

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the heading AMENDED ANSWERS TO ORAL QUESTIONS and a subheading of the question number and type (if outside question time—add date if from a different day), even when the Minister says the words “I wish to make a ministerial statement.”. See the example on MS3.

CONTENTS Standard ministerial statement ..................................................................................... MS2 At the beginning of the day.......................................................................................... MS2 Delivered in Māori ....................................................................................................... MS2 On change of leadership............................................................................................... MS2 Minister exercises right to make a ministerial statement after declined leave to make a personal explanation ...................................................................................................... MS3 Minister amends answer to a question ......................................................................... MS3 Obituaries............................................................................................................OB4; MS3 Statement made by leave ............................................................................................. MS4

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MINISTERIAL STATEMENTS Former Yugoslavia—New Zealand Involvement

Rt Hon J B BOLGER (Prime Minister): I propose to make a ministerial statement on Bosnia. I wish to inform the House of the factors and considerations bearing on the decision made by . . . Rt Hon HELEN CLARK (Leader of the Opposition): The Labour Opposition supports New Zealand making a contribution to the United Nations peacekeeping force in Bosnia, and we . . . Rt Hon J B BOLGER (Prime Minister): First, I thank the Leader of the Opposition for a very responsible contribution to the prime ministerial statement. I think that the . . .

Standard ministerial statement. The Prime Minister says he wishes to make a ministerial statement. Leave is not needed. The Leader of the Opposition comments on the statement. The Prime Minister speaks in reply.

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WEDNESDAY, 16 JUNE 1993 Mr Speaker took the Chair at 2 p.m. Prayers.

MINISTERIAL STATEMENTS Public Hospital System

Rt Hon W F BIRCH (Minister of Health): I wish to make a ministerial statement under Standing Order 341. Following events at the Government Administration Committee yesterday, I want to assure the public of New Zealand of two things. First, surgical services at our public hospitals are safe, and no member of the public should have any concern about the standard of surgical services. Second, the Government and its agencies have not held back any information that could have compromised in any way the safety of New Zealanders and their confidence in the public health system.

Ministerial statement made at the beginning of the day.

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MINISTERIAL STATEMENTS Māori Affairs

Hon K T WETERE (Minister of Māori Affairs): I want to make a ministerial statement. Authorised text to be inserted by Hansard Office <<INCLUSION>> Insert Inclusion.

Ministerial statement delivered in Māori. When the Māori text is available, the subeditor or compiler inserts the official transcription and translation.

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MINISTERIAL STATEMENTS Prime Minister

Rt Hon MIKE MOORE (Prime Minister): I wish to make a ministerial statement. I doubt that it would have escaped your notice, Mr Speaker, but this morning an important Government caucus meeting was held at which the caucus determined that the Government needed a change of direction.

Ministerial statement on change of leadership.

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Hon RICHARD PREBBLE (Minister of Police): I seek leave under Standing Order 343 to make a personal explanation about the statement made by the Leader of the Opposition that I have awarded an advertising contract to a Mr Stephen Richardson. I want to deny that statement. Mr SPEAKER: Is there objection to the leave being granted? There is objection. Debate interrupted.

MINISTERIAL STATEMENTS Police Publicity Campaign

Hon RICHARD PREBBLE (Minister of Police): Then I give notice under Standing Order 341 dealing with ministerial statements, which provides: “A Minister may make a statement . . .” The matter that requires to be brought to the attention of the House immediately is the suggestion that . . . Rt Hon W F Birch: This is an abuse of the Standing Orders. Mr SPEAKER: The Minister is entitled to do that . . . It is a statement and a reply. That is it; it is not a debate. Hon RICHARD PREBBLE: It has been suggested that . . .

BUDGET DEBATE Debate resumed. Rt Hon GEOFFREY PALMER (Prime Minister): The House is debating the 1990 Budget. Almost nothing in the speech made by the Leader of the Opposition related to . . .

Minister exercises right to make a ministerial statement after declined leave to make a personal explanation. Leave declined. Debate interrupted. Ministerial statement. Debate headed up again. Debate resumed.

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AMENDED ANSWERS TO ORAL QUESTIONS Question No. 2 to Minister, 13 October

Hon D A M GRAHAM (Minister of Justice): I wish to make a ministerial statement relating to an answer given by me to a question asked last Thursday. On that day I was asked a . . .

Minister amends answer to a question on different day outside question time. The heading is “AMENDED ANSWERS TO ORAL QUESTIONS” and the subheading is the number and type of question, even when the Minister says the words “I wish

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to make a ministerial statement”.

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MINISTERIAL STATEMENTS Obituaries

Rt Hon HELEN CLARK (Prime Minister): The Government wishes to place on the parliamentary record today its tributes to the late Hon. Sir David Beattie and the late Sir Robert Mahuta and to extend its sincere condolences to the families of those two notable men. . .

Ministerial statement given for this obituary, which allowed party leaders to comment (s.o. 342).

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Precedent Manual: Misrepresentation 16 July 2004

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MINISTERIAL STATEMENTS Leader of the Opposition

Hon J K McLAY (Birkenhead): I want to make a statement. Following a discussion in today's National caucus meeting, a ballot was held for the leadership of the party. As a result, my colleague the member for King Country, the Hon. J B Bolger, has been elected leader of the National Party and, therefore, Leader of the Opposition. I have now given him my support and I call on all members of the National Party to give him that same support. At no time could it be more important than now that a united Opposition disposes of the Labour Government. Hon GEOFFREY PALMER (Acting Prime Minister): I shall respond briefly to that statement. I congratulate . . . The leadership change will make a very big difference to the running of the House, and I hope it will allow the conduct in the House to be improved. The amount of misbehaviour in the House lately has been very high—[Interruption] Mr SPEAKER: The Acting Prime Minister sought leave to deal with one matter, and it is not appropriate that he should then go on to deal with another matter during the course of that leave. Hon J B BOLGER (Leader of the Opposition): Thank you, Mr Speaker, and I thank the House. I thank my colleague the member for Birkenhead for that expression of . . .

Statement made by leave—unusual.

MISREPRESENTATION (s.o. 106)

A member whose speech is misunderstood or misquoted in some material part by a subsequent speaker in the same debate has the right to be heard again to explain the words he or she used. Misrepresentation arises solely out of a debate in the House. It arises only in respect of statements made earlier in the same debate by the member who claims to have been misrepresented. A misrepresentation of what the member said in a different debate does not give rise to a point of misrepresentation. The member who has been misrepresented by a subsequent speaker cannot interrupt that speaker, but must wait until the end of the speech of the member concerned then rise on a point of misrepresentation. If the member is not present when the misrepresentation is

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made, he or she can take the first opportunity to explain, providing this does not interrupt any speaker. However, as a point of misrepresentation is part of the debate on a question, it can be taken only while the debate is in progress and cannot be postponed beyond the conclusion of the debate. If the debate has concluded, the member has the option of seeking leave to make a personal explanation. See the PERSONAL EXPLANATIONS section. The member is confined to explaining how he or she has been misquoted or misunderstood. No new or debatable material can be brought forward. No member may subsequently debate what has been said in the explanation. Heading. Because a point of misrepresentation is part of the debate on a question,

it does not need its own heading. Setting up of member. The member making the point of misrepresentation is set

up in upper case and with his or her designation. Leave is not needed to make a point of misrepresentation.

“I raise a point of order, Mr/Madam Speaker/Chairperson.” The member

may say: “I raise a point of order, Mr/Madam Speaker/Chairperson. I have been misrepresented.”, but the report should use only the words “I have been misrepresented.”

After question is put. If a member rises to make a point of misrepresentation just

as the Speaker/Chair has put the question at the end of a debate, the point of misrepresentation should be reported and the end for the debate should be moved underneath the point of misrepresentation.

CONTENTS Member claims during debate to have been misrepresented, and gives explanation MSR2

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Precedent Manual: Motions 16 July 2004

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. . . and saying that the tertiary fees are totally unreasonable. GEOFF BRAYBROOKE (Napier): I raise a point of order, Mr Speaker. I have been misrepresented. The member for Tasman said that I quoted from the Labour Party manifesto during the 1984 election campaign, saying that I would not sell any assets. That is untrue. The 1984 election was an early election called by the National Party. The manifesto was not even printed at that time, so I could not have quoted from something that was not even printed. Hon PETER DUNNE (Ohariu): They say that those who ignore the lessons of history are condemned to repeat them. That phrase came to mind . . .

Member claims during debate to have been misrepresented, and gives explanation. No heading. Omit the shaded words. Point of misrepresentation not debated. Debate continues. Hansard, Volume 535, at page 15634.

MOTIONS (s.o. 93-100)

A proposition brought before the House for its consideration is called a motion. Only one motion is under consideration by the House at any one time, and particular types of motion are moved in the House at particular times in the parliamentary day. Some motions require a preliminary step to be taken before they can be brought before the House. This involves giving the House warning of a member's intention to propose the motion—the giving of notice. Motions are italicised. This section deals with motions, notice of which is given on the Order Paper (after Other Business of the House); and motions without notice that express, for example, best wishes, congratulations, or good luck to individuals or sports teams, or are about important topical events. Obituary motions are headed “OBITUARIES” with the name or names as subheading; see OBITUARIES. Appointments are headed “APPOINTMENTS” with a subheading; see APPOINTMENTS and also setting up of select committees (SC3-6). For closure motions, motions to do with debates, orders of the day, stages of legislation, appointments, and so on, see the relevant sections of this manual. After the Speaker has proposed the question on a motion, it cannot be withdrawn without leave (s.o. 99(2)).

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See also A 10 of the Style File.

CONTENTS MOTIONS WITH NOTICE Government notice of motion on bill........................................................................... MT2 Government notice of motion on referral to select committee of report ..................... MT3 Member's notice of motion .......................................................................................... MT3 Debate on motion allowed by Business Committee .................................................... MT4 Vote—motion not repeated.......................................................................................... MT4 Leave declined ............................................................................................................. MT4 MOTIONS WITHOUT NOTICE On congratulations to sports team................................................................................ MT5 Leave sought and granted ............................................................................................ MT5 Leave sought and granted—seeking of leave included................................................ MT6 Leave declined ............................................................................................................. MT6

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MOTIONS WITH NOTICE (s.o. 95-100)

The following examples relate to motions, notice of which is given on the Order Paper (after Other Business of the House). A member gives notice of a motion by delivering a written copy to the Clerk between 9 a.m. and 10 a.m. on a sitting day (s.o. 94). The notices are vetted by the Speaker (s.o. 95), who applies the rules set out in the Standing Orders. Standing Order 97 states: “(1) A notice of motion must be expressed in a form and with content appropriate for a resolution of the House. It must clearly indicate the issue to be raised for debate and include only such material as may be necessary to identify the facts or matter to which the motion relates. (2) Notices of motion must not contain—(a) unbecoming or offensive expressions or expressions or words which would not be permitted in debate, and (b) statements of fact or the names of persons unless they are strictly necessary to render the notice intelligible and can be authenticated.”

Wording. Motions with notice, which are found on the Order Paper, are brought into a turn by the incorporation process.

Heading. The incorporation will usually contain the heading.

Government notices of motion usually relate to the sittings of the House or of select committees, or to the management of the Government’s programme of business in the House, although occasionally a Government notice of motion will be given relating to an aspect of Government policy. The heading is not “MOTIONS”; it is the relevant debate—see example on MT2, first example on MT3, and example in DEBATES.

Members’ notices of motion are dropped if not dealt with within a week (s.o. 96). Very few members’ notices are dealt with.

Those that are dealt with are usually congratulatory or condolatory motions that the House by leave permits to be moved. The heading is “MOTIONS” with the subject matter as the subheading. If leave to move a member’s notice of motion is declined the heading is “POINTS OF ORDER” with the subject matter as a subheading. The words “I raise a point of order, Mr/Madam Speaker/Chairperson.” must be included.

Use of term “notice of motion”. Once a motion has been moved in the House it should be referred to as a motion, not as a notice

of motion.

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GOVERNMENT 1. Rt Hon DON McKINNON to move, That the Planning and Development Committee have the power to divide the Conservation

Amendment Bill (No 2) into such separate bills, as it thinks desirable, and to incorporate into such bills, the appropriate titles, enacting words

and title clauses, and to report such bills separately to the House.

CONSERVATION AMENDMENT BILL (NO 2) Instruction to Planning and Development Committee

Rt Hon DON McKINNON (Leader of the House): I move, That the Planning and Development . . . to the House. Motion agreed to.

Government notice of motion on bill. As the motion appears on the Order Paper. As the motion would appear in text. The heading reflects the content of the motion. Ending.

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2. Hon WYATT CREECH to move, That the report of the Working Party on the Reorganisation of the Income Tax Act 1976, September 1993, be referred to the Finance and Expenditure Committee for consideration; the committee to report back to the House giving its views on the recommendations for reorganising the tax legislation set out in the Working Party's report and making any recommendations that it sees fit for incorporation in a bill to give effect to the Working Party's report that is to be introduced by the Government.

WORKING-PARTY ON REORGANISATION OF INCOME TAX

ACT Referral to Finance and Expenditure Committee

Hon JOHN LUXTON (Minister of Māori Affairs), on behalf of the Minister of Revenue: I move, That the report of the Working Party on the Reorganisation of the Income Tax Act 1976, September 1993, be referred to the Finance and Expenditure Committee for consideration; the committee to report back to the House giving its views on the recommendations for reorganising the tax legislation set out in the Working Party's report and making any recommendations that it sees fit for incorporation in a bill to give effect to the Working Party's report that is to be introduced by the Government. Motion agreed to.

Government notice of motion on referral to select committee of report. As the motion appears on the Order Paper. Replace bill title with required wording. As the motion would appear in text. The heading reflects the content of the motion. Replace colon with comma and insert obom pro forma. Ending.

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MEMBERS’ 2. TREVOR MALLARD to move, That the House notes the retirement of triathlete Erin Baker, draws attention to her long and successful career, in particular the fact that she has won over 100 events, and expresses its best wishes to her for her future.

MOTIONS Erin Baker

TREVOR MALLARD (Pencarrow): I move, That the House notes the retirement of triathlete Erin Baker, draws attention to her long and successful career, in particular the fact that she has won over 100 events, and expresses its best wishes to her for her future. Motion agreed to.

Member's notice of motion. As the motion appears on the Order Paper. See s.o.68. As the motion would appear in text. Heading is “MOTIONS” with the subject matter as the subheading. Ending.

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MOTIONS Inquiry into Year 2000 Date Coding Problem

Hon PETER DUNNE (Leader—United NZ): I move, That the report of the Government Administration Committee on the Inquiry into the Year 2000 Date Coding Problem and the Government response to that report be noted. As members will know, for some years now I have been conducting a campaign about the year 2000 issue . . .

Debate on Member’s Motion. The Business Committee allowed a debate on this motion to take place—it was not a usual consideration of report. See also DEB6.

A party vote was called for on the question, That the motion be agreed to. Motion agreed to.

Vote. The motion is not repeated when there is no intervening debate.

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POINTS OF ORDER Attack on Somali Family

Rt Hon MIKE MOORE (NZ Labour—Waimakariri): I raise a point of order, Mr Speaker. I seek the leave of the House to move members' notice of motion No. 2, in my name, without debate. It is not controversial. Mr SPEAKER: Leave is sought. Is there any objection? There is.

Leave declined. The words “I raise a point of order, Mr/Madam Speaker/Chairperson.” are included.

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MOTIONS WITHOUT NOTICE

Often a member, either Government or Opposition, will seek leave to move without notice a motion expressing, for example, best wishes, congratulations, or good luck to individuals or sports teams. Sometimes a member seeks leave to move a motion about an important topical event. Obituary motions are headed “OBITUARIES”—see the OBITUARIES section. A motion without notice may be moved to vary an order of the day (s.o 71). See LEG19-20. For closure motions, motions to do with debates, stages of legislation, appointments, and so on, see the relevant sections of this manual. Wording. If a written version is available, follow its wording. Otherwise data collection may edit them

according to standard Hansard guidelines. Names and references should be checked in the usual way. Motions without notice are emailed to the House Office for inclusion in the Journals and Bulletin. The laser reader will make sure that the wording matches.

Heading. If leave is granted the heading is the word “MOTIONS” with the subject matter of the motion as

the subheading. If leave is denied the heading is “POINTS OF ORDER” with the subject matter as the subheading.

Leave. When leave to move a motion is granted “without a dissentient voice”, the reason for leave and the

Speaker’s question to the House are not included, and neither are the words “I raise a point of order, Mr/Madam Speaker/Chairperson.” See the example of the bottom of this page. If leave is declined the words “I raise a point of order, Mr/Madam Speaker/Chairperson.” must be included. The motion should not appear in the text, but a brief description of it may be added to the seeking of leave, so that the reader knows what it was about. See the second example on MT6.

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MOTIONS Young New Zealand Cricket Team

Rt Hon J B BOLGER (Leader of the Opposition): I move, That the House congratulate the Young New Zealand Cricket Team on its first-ever victory in an overseas international match, when it defeated Young England in a test yesterday by an innings and 16 runs. Rt Hon GEOFFREY PALMER (Prime Minister): The Government would like to be associated with those comments, and the reasons for them. It is an occasion for very considerable congratulations. Motion agreed to.

On congratulations to sports team. Motion. Ending.

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MOTIONS North Harbour Rugby Team Victory

PETER HILT (Glenfield): I raise a point of order, Mr Speaker. I seek leave to move without notice a motion relating to a non-controversial matter. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none. PETER HILT (Glenfield): I move, That the House congratulates the North Harbour rugby team, led by Richard Turner, on its magnificent victory over Auckland last Sunday. This is an . . . Motion agreed to.

Leave sought and granted. Omit the shaded words. Motion. Ending.

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Precedent Manual: Obituaries 16 July 2004

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MOTIONS Senior Firefighter Royd Kennedy

Rt Hon W F BIRCH (Maramarua): I raise a point of order, Mr Speaker. I seek leave to move without notice a motion that the brave actions of senior firefighter Royd Kennedy in rescuing a 12-year-old girl at Wiri recently be noted by the House. Mr SPEAKER: Is there any objection to leave being granted? There appears to be none. Rt Hon GEOFFREY PALMER (Prime Minister): I have sent a message to the Fire Service about the matter, and I think it would be very appropriate. Rt Hon W F BIRCH (Maramarua): I move, That Parliament recognise the exceptional heroism of senior firefighter Royd Kennedy in his support and rescue of a 12-year-old girl who was trapped underneath a burning tanker on Thursday evening, 9 August 1990, and note that the great courage of Mr Kennedy is not only a tribute to the Fire Service in general but is also an inspiration to every New Zealander. Rt Hon GEOFFREY PALMER (Prime Minister): In supporting the motion, I point out that the matter was discussed by Cabinet yesterday. We wanted to say how much that heroism was appreciated. The bravery of the small girl involved also deserves to be remarked on. It is not often that an act of such heroism comes to public attention, and it is appropriate that Parliament recognised it. Motion agreed to.

Leave sought and granted— seeking of leave included. The seeking of leave and the Speaker's question to the House are included because of the response of the Prime Minister. The words “I raise a point of order” are omitted. Motion. Ending.

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POINTS OF ORDER Cyprus

ANNETTE KING (Miramar): I raise a point of order, Mr Speaker. I seek the leave of the House to move a motion concerning the situation in Cyprus. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There is.

Leave declined. The words “I raise a point of order, Mr/Madam Speaker/Chairperson” must be included. If necessary briefly indicate the content of the motion (see the underlined words) in the seeking of leave.

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OBITUARIES

Formal obituaries usually are taken before question time. The heading should be “OBITUARIES”, and the subheading the name of the person who has died.

CONTENTS Formal obituary.............................................................................................................OB2 Less formal obituary raised as a point of order.............................................................OB2 Obituary of former member ..........................................................................................OB3 Heading for obituaries of former members...................................................................OB3 Obituary for other public figure....................................................................................OB3 Motion that sitting be suspended as a mark of respect .................................................OB3 Ministerial Statement ..........................................................................................MS3; OB4

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OBITUARIES Rt Hon Sir Robert Muldoon

Mr SPEAKER: I regret to advise the House of the death this morning of the Rt Hon Sir Robert Muldoon. I ask all members to be upstanding as a mark of respect to Sir Robert and his family. Honourable members stood as a mark of respect. Hon PAUL EAST (Leader of the House): I seek leave for there to be no time-limit on the speeches that I expect members of Parliament will wish to make to the House in tribute to Sir Robert. Mr SPEAKER: Is there any objection to that course of action being followed? There appears to be none. Rt Hon J B BOLGER (Prime Minister): I move, That this House place on record its high sense of the devoted and distinguished services rendered to New Zealand by the late Right Honourable Sir Robert David Muldoon, Knight Grand Cross of the Most Distinguished Order of Saint Michael and Saint George, a Member of the Order of the Companions of Honour, . . .; respectfully tender to his family the assurance of its sincere sympathy with them in their bereavement, and that, as a mark of respect to the late Right Honourable Sir Robert Muldoon, this House do now adjourn. We are gathered here this afternoon to say farewell to a legend. I use that word in its true sense, for the life story of Robert David Muldoon was already a tradition before he died . . . Motion agreed to.

Formal obituary. In this case the seeking of leave is reported—and the Speaker's response—because of the information conveyed during it. Motion. Wording follows formal motion. A motion without notice would use Hansard style, e.g. Rt Hon. Ending. Hansard, Volume 528, at pages 10323 to 10344.

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OBITUARIES Ken Gray

Rt Hon MIKE MOORE (Leader of the Opposition): I raise a point of order, Mr Speaker, in relation to the death of Ken Gray. The matter has been raised between the whips. It is appropriate for me to say a few words . . . Rt Hon J B BOLGER (Prime Minister): I associate myself and the Government with the message of sympathy to Mrs Gray. I have already sent her a message on the sudden death of her . . .

Less formal obituary raised as a point of order. Hansard, Volume 531, at page 12369.

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OBITUARIES Clifford Lorrie Hunter

Mr SPEAKER: I regret to inform the House of the death on 1 July 1990 of Clifford Lorrie Hunter, who represented the electorate of Manawatu from 1935 to 1938. I desire on behalf of the House to express our sense of the loss we have sustained and our sympathy to the relatives of the late former member. Honourable members stood as a mark of respect.

Obituary of former member.

OBITUARIES Former Members

Heading for obituaries of former members.

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OBITUARIES Sir Dove-Myer Robinson

Mr SPEAKER: I have granted leave to the member for Northern Māori to move a motion relating to the death of Sir Dove-Myer Robinson. Dr BRUCE GREGORY (Northern Māori): I move, That, in respect of the death of Sir Dove-Myer Robinson, the House acknowledges the great contribution he made to local body politics in Auckland—founding the Auckland Regional Authority, and as the Mayor of Auckland City for 18 years—and passes on to his relations its sincere condolences. Rt Hon DON McKINNON (Deputy Leader of the Opposition): On behalf of the Opposition I join the member in moving . . . Motion agreed to.

Obituary for other public figure. Omit the shaded words. Motion. Ending.

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Rt Hon DAVID LANGE (Prime Minister): I move, That as a mark of respect to the late Hon. Sir Arnold Nordmeyer this sitting be suspended until 7.30 p.m. Motion agreed to.


Motion that sitting be suspended as a mark of respect. Ending.

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Precedent Manual: Officers of ParliamentCommittee and Offices of Parliament 16 July 2004

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MINISTERIAL STATEMENTS Obituaries Rt Hon Helen Clark (Prime Minister): The Government wishes to place on the parliamentary record today its tributes to the late Hon Sir David Beattie and the late Sir Robert Mahuta and to extend its sincere condolences to the families of those two notable men.

Ministerial Statement, which allowed party leaders to comment. (s.o. 342)

OFFICERS OF PARLIAMENT COMMITTEE AND OFFICES OF PARLIAMENT

(s.o. 201(3), 381)

The House establishes an Officers of Parliament Committee at the commencement of each Parliament. The current offices of Parliament are the Ombudsman (Office of the Ombudsmen), the Controller and Auditor-General (the Audit Office), and the Parliamentary Commissioner for the Environment. The committee focuses on annual budget setting and functions related to the appointment of auditors, the creation of Officers of Parliament, and the development of codes of practice. The reviews of performance and spending are carried out by the Finance and Expenditure Committee or another allocated committee. There is a special process for the approval of appropriations for these offices. The Officers of Parliament Committee recommends to the House an estimate of appropriations for inclusion as a vote in an appropriation bill, and also recommends any alteration to such a vote. The Leader of the House moves that an Address be presented to the Governor-General commending the appropriations and/or alterations. The heading used for this step is “OFFICES OF PARLIAMENT—ADDRESS TO GOVERNOR-GENERAL”. The Speaker subsequently informs the House that the Address has been presented to the Governor-General. The heading used is “OFFICES OF PARLIAMENT—PRESENTATION OF ADDRESS TO GOVERNOR-GENERAL”. Headings. The headings always begin “OFFICES OF PARLIAMENT—” even if

only one office is referred to. The Officers of Parliament Committee recommends to the House an auditor to be appointed. The heading is OFFICES OF PARLIAMENT—APPOINTMENT OF AUDITORS.

OFF 142


CONTENTS Address to Governor-General commending appropriations .......................................OFF2 Speaker informs House of transmission to Governor-General of Address commending appropriations ...............................................................................................................OFF2 Address to Governor-General commending alteration to previous appropriation......OFF2 Speaker informs House of transmission to Governor-General of Address in Reply and Address commending appropriations..........................................................................................OFF3 Speaker informs House of transmission to Governor-General of Address commending alteration to previous appropriation ..................................................................................................OFF3 Address to Governor-General commending appropriations and alteration to previous appropriation .................................................................................................................OFF3 Address in Reply and appropriations..........................................................................OFF4 Appointment of Auditors ............................................................................................OFF4 Motion relating to evidence ........................................................................................OFF4

OFF 143


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OFFICES OF PARLIAMENT—ADDRESS TO GOVERNOR-GENERAL

Hon WYATT CREECH (Leader of the House): I move, That a respectful Address be presented to His Excellency the Governor-General commending to His Excellency the alterations to the appropriations for the 1997-98 financial year in respect of Vote Audit, Vote Ombudsmen, and Vote Parliamentary Commissioner for the Environment. Motion agreed to, and Address agreed to.

Address to Governor-General commending appropriations. The Speaker reads the Address, but it is not included in text. Ending.

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OFFICES OF PARLIAMENT—PRESENTATION OF ADDRESS TO GOVERNOR-GENERAL

Mr SPEAKER: I wish to advise the House that the Address agreed to by the House relating to the alterations to the appropriations for the 1997-98 financial year for Vote Audit, Vote Ombudsmen, and Vote Parliamentary Commissioner for the Environment was transmitted to His Excellency the Governor-General on 22 May 1997.

Speaker informs House of transmission to Governor-General of Address commending appropriations for Offices of Parliament.

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Hon Dr MICHAEL CULLEN (Leader of the House): I move, That a respectful Address be presented to His Excellency the Governor-General commending to His Excellency the alterations to the appropriations for the 1999-2000 financial year in respect of Vote Audit, Vote Ombudsmen, and Vote Parliamentary Commissioner for the Environment, and the appropriations for 2000-01 financial year in respect of Vote Audit, Vote Ombudsmen, and Vote Parliamentary Commissioner for the Environment. Motion agreed to, and Address agreed to.

Address to Governor-General commending alterations to previous appropriations and current appropriations. The Speaker reads the Address, but it is not included in text. Ending.

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Mr SPEAKER: I wish to advise the House that the Address agreed to by the House relating to the alterations to the appropriations for the 1999-2000 financial year for Vote Audit, Vote Ombudsmen, and Vote Parliamentary Commissioner for the Environment and the appropriations for the 2000-01 financial year in respect of Vote Audit, Vote Ombudsmen, and Vote Parliamentary Commissioner for the Environment, was transmitted to His Excellency the Governor-General on 2 June 2000.

Speaker informs House of transmission to Governor-General of Address commending alterations to previous appropriations and appropriations for Offices of Parliament.

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Mr SPEAKER: I want to advise the House that the Address agreed to by the House relating to the alterations to the 1992-93 appropriations for Vote Audit was transmitted to His Excellency the Governor-General on 1 April 1993.

Alteration: Speaker informs House of transmission to Governor-General of Address commending alteration to previous appropriation for an Office of Parliament. NB: heading is “OFFICES OF PARLIAMENT—” even though only one office referred to.

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Rt Hon DON McKINNON (Leader of the House): I move, That a respectful Address be presented to His Excellency the Governor-General commending to His Excellency the alterations to the appropriations for the 1993-94 financial year in respect of Vote: Audit; and the appropriations for the 1994-95 financial year in respect of Vote: Audit, Vote: Ombudsmen, and Vote: Parliamentary Commissioner for the Environment. Motion agreed to, and Address agreed to.

Address to Governor-General commending appropriations and alteration to previous appropriation for an Office of Parliament. The Speaker reads the Address. Ending.

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ADDRESS IN REPLY—PRESENTATION TO GOVERNOR-GENERAL


Mr SPEAKER: I have to announce that, accompanied by members, I attended upon His Excellency the Governor-General with the Address agreed to by the House in reply to the speech at the opening of the first session of this Parliament and with an Address relating to appropriations for officers of Parliament. His Excellency was pleased to make the following reply: Mr Speaker, and members of the House of Representatives: I received with much

pleasure the address which has been adopted by the House of Representatives in reply to my speech at the opening of the first session of the forty-fourth Parliament of New Zealand. I thank you for your assurance that the matters referred to in my speech will receive your careful consideration.

Rt Hon DON MCKINNON (Leader of the House): I move, That the reply of His Excellency be entered in the Journals of the House. Motion agreed to.

Speaker informs House of transmission to Governor-General of Address in Reply and address commending appropriations. NB: separate headings. The Leader of the House moves that the reply be entered in the (note: not italicised) Journals of the House. Ending.

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OFFICES OF PARLIAMENT—APPOINTMENT OF AUDITORS Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave, pursuant to section 31A of the Ombudsmen Act 1975, for the House to appoint the Controller and Auditor-General as auditor to audit the financial statements of the Ombudsmen. Mr SPEAKER: Is there any objection to that course being followed? There appears to be none. Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave, pursuant to section 26(1) of the Environment Act 1986, for the House to appoint the Controller and Auditor-General as auditor to audit the accounts of the Office of the Parliamentary Commissioner for the Environment. Mr SPEAKER: Is there any objection to that course being followed? There appears to be none. Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave, pursuant to section 26(1) of the Environment Act 1986, for the House to appoint the Controller and Auditor-General as auditor to audit the accounts of the Office of the Parliamentary Commissioner for the Environment. Mr SPEAKER: Is there any objection to that course being followed? There appears to be none. Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave, pursuant to section 38(1) of the Public Audit Act 2001, for the House to appoint for the financial years ending on 30 June 2002, 30 June 2003, and 30 June 2004, Curran Sole and Tuck of Auckland as auditor of the financial statements, accocunts, and other information of the Controller and Auditor-General relating to those financial years. Mr SPEAKER: Is there any objection to that course being followed? There appears to be none.

Appointment of Auditors. (Example, 2001.)

OP 147

Precedent Manual: Opening of Parliament 16 July 2004

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MOTIONS Officers of Parliament Committee—Non-disclosure of Select

Committee Documents Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave for members' notice of motion No. 2, in the name of Eric Roy, relating to evidence received by the Officers of Parliament Committee to be taken forthwith without debate. Mr SPEAKER: Is there any objection to that course being followed? There appears to be none. GRAHAM KELLY (NZ Labour—Mana), on behalf of Eric Roy (NZ National): I move, That the expressions of interest and the tender documents received by the Officers of Parliament Committee during its inquiry to make a recommendation for an independent auditor to audit the financial statements of the Controller and Auditor-General be retained in the custody of the Clerk of the House of Representatives and may not, without further order of the House, be disclosed to any person. Motion agreed to.

Motion relating to evidence. Seeking of leave included because of instruction “without debate”. Replace colon with comma and insert oboft pro forma.

OPENING OF PARLIAMENT (s.o. 12-28, 169, 335-340)

The opening of Parliament involves two separate proceedings: the COMMISSION OPENING, which occurs on the first day of the meeting of a new Parliament, and the State opening on the second day of the meeting of a new Parliament (see STATE OPENING AFTER A COMMISSION OPENING) or on the first day of each subsequent session (see STATE OPENING AT BEGINNING OF SESSION—QUEEN or STATE OPENING AT THE BEGINNING OF SESSION—GOVERNOR-GENERAL). The State opening is by the Queen or the Governor-General. The procedure (s.o. 14) is the same whether the Governor-General or the Queen officiates, but the Queen may also be presented with a special Address. The first item of Government business after a State opening of Parliament is the ADDRESS IN REPLY debate. If the first sitting day of a year is not the first day of the meeting of a new Parliament or

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the first day of a session of Parliament, the Prime Minister must make a statement to the House reviewing public affairs and outlining the Government’s legislative and other policy intentions for the next 12 months—see DEB13.

CONTENTS COMMISSION OPENING Commissioners take their places...................................................................................OP3 Members sworn, or affirmed.........................................................................................OP4 Election of Speaker ............................................................................................SPK3; OP5 STATE OPENING AFTER A COMMISSION OPENING Confirmation of Speaker....................................................................................SPK3; OP6 Member sworn or affirmed after initial swearing in.....................................................OP7 Members summoned to hear Governor-General read Speech from the Throne (State opening) ..........................................................................................................................OP7 Governor-General's speech....................................................................................................................... OP7 Authority to administer oath .........................................................................................OP8 Appointment of Deputy Speaker .........................................................................AP2; OP8 Appointment of Assistant Speaker.......................................................................AP2; OP9 Setting up of select committees after election—one motion ...............................SC3; OP9 Setting up of select committees after election—separate motions ......................SC4; OP9 First motion...................................................................................................................OP9 Second motion ..............................................................................................................OP9 Membership of Parliamentary Service Commission .........................................AP5; OP10 Speaker may suspend sitting to permit Address in Reply to be moved at 2 p.m. ......OP10 House may adjourn until next sitting day ...................................................................OP10 ADDRESS IN REPLY Motion that Address in Reply be presented................................................................OP11 Ending at end of each day's debate .............................................................................OP11 Address in Reply debate resumes ...............................................................................OP11

(continued)

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Amendment to Address in Reply motion....................................................................OP12 Amendment(s) voted on at end of debate ...................................................................OP12 Ending for primary motion moved at beginning of Address in Reply debate ............OP12 Speaker reads text of Address in Reply ......................................................................OP12 Speaker announces Address in Reply has been presented to Governor-General, and reads Governor-General's reply.......................................................................................OP13 Maiden statement ........................................................................................................OP13 STATE OPENING AT BEGINNING OF SESSION—QUEEN Members summoned to hear Queen read Speech from the Throne............................OP14 Queen's speech............................................................................................................OP14 Speaker may suspend sitting to permit Address in Reply to be moved at 2 p.m........OP14 House may adjourn until next sitting day ...................................................................OP14 Motion to present a special Address to the Queen......................................................OP15 Speaker reads text of special Address.........................................................................OP15 Speaker announces special Address has been presented to Queen, and reads Queen's reply ..............................................................................................................................OP16 Motion that Address in Reply be presented................................................................OP16 Ending at end of each day's debate .............................................................................OP16 Address in Reply debate resumes ...............................................................................OP16 Amendment to Address in Reply motion....................................................................OP17 Amendment(s) voted on at end of debate ...................................................................OP17 Ending for primary motion moved at beginning of Address in Reply debate ............OP17 Speaker reads text of Address in Reply ......................................................................OP17 Speaker announces Address in Reply has been presented to Queen, and reads Queen's reply ..............................................................................................................................OP17 STATE OPENING AT BEGINNING OF SESSION—GOVERNOR-GENERAL Members summoned to hear Governor-General read Speech from the Throne.........OP18 Governor-General's speech .........................................................................................OP18 Speaker may suspend sitting to permit Address in Reply to be moved at 2 p.m........OP18 House may adjourn until next sitting day ...................................................................OP18 Motion that Address in Reply be presented................................................................OP19 Ending at end of each day's debate .............................................................................OP19 Address in Reply debate resumes ...............................................................................OP19 Amendment to Address in Reply motion....................................................................OP19 Amendment(s) voted on at end of debate ...................................................................OP19 Ending for primary motion moved at beginning of Address in Reply debate ............OP19 Speaker reads text of Address in Reply ......................................................................OP20 Speaker announces Address in Reply has been presented to Governor-General, and reads Governor-General's reply.......................................................................................OP20

OP 150


COMMISSION OPENING (s.o. 12-13, 15-22)

The Queen's commissioners (the Chief Justice and two fellow judges) attend Parliament and, after formal proceedings, withdraw. The members of the House of Representatives are then sworn by the Clerk of the House, who first reads the commission authorising the administration of the oath or affirmation required by law to be taken or made by members. (The commission is omitted from the text.) A list of the names of members elected to the House of Representatives, having been delivered by the Clerk of the Writs, is laid on the table by the Clerk of the House, and the members are then called on in alphabetical order, in groups of three or four, to take the oath or make an affirmation. (s.o. 12). The House then proceeds to the election of a Speaker (s.o. 15-21), then adjourns (s.o. 22).

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COMMISSIONER OPENING OF PARLIAMENT By proclamation issued on 5 December 1996, the forty-fifth Parliament was summoned to meet, and it met for the dispatch of business at 11 a.m. on 12 December 1996. The Gentleman Usher of the Black Rod announced the presence of Her Majesty's Commissioners. The bar was raised, and the Commissioners took their places at the head of the table. The Right Honourable Sir Thomas Eichelbaum, GBE, Chief Justice of New Zealand, the Chief Commissioner, said:

Members of the House of Representatives: His Excellency the Governor-General, not thinking fit to be present here this day in person, has been pleased in relation to the opening of the Forty-fifth Parliament of New Zealand, to cause Letters Patent to be passed under the Seal of New Zealand, constituting us, The Right Honourable Sir Thomas Eichelbaum, Knight Grand Cross of the Most Excellent Order of the British Empire, Chief Justice of New Zealand, The Honourable Sir Robin Kenneth Keith, Knight Commander of the Most Excellent Order of the British Empire, a Judge of the Court of Appeal of New Zealand, and The Honourable Lowell Patria Goddard, a Judge of the High Court of New Zealand, to be Her Majesty's Commissioners to do all things in Her Majesty's name necessary to be performed at the opening of this Parliament. This will more fully appear by the Letters Patent themselves, which must now be read.

The letters patent were read by the Clerk of the House of Representatives. The Chief Commissioner then said:

MICHAEL HARDIE BOYS, Governor-General. A PROCLAMATION

Commissioners take their places. Text supplied by the House Office. Incorporation. Incorporation.

OP 151


WHEREAS, by Proclamation published on the 9th day of September 1996, the Parliament of New Zealand was summoned to meet on the 10th day of December 1996: AND WHEREAS I have thought fit to summon it to meet on a later day: NOW THEREFORE, pursuant to section 18(2) of the Constitution Act 1986, I, The Right Honourable Sir Michael Hardie Boys, The Governor-General of New Zealand, hereby prorogue the Parliament of New Zealand until Thursday, the 12th day of December 1996: AND NOW WHEREAS the Parliament of New Zealand stands prorogued to that day: PURSUANT to section 18(1) of the Constitution Act 1986, I hereby summon the Parliament of New Zealand to meet in the Parliament House, in the City of Wellington, at 11.00 a.m. on Thursday, the 12th day of December 1996, and require and command the Members of Parliament elected to serve in the House of Representatives to attend accordingly. Given under the hand of His Excellency The Governor-General, and issued under the Seal of New Zealand, this 5th day of December 1996.

Jim Bolger, Prime Minister.

Members of the House of Representatives:

We have it in command from His Excellency The Governor-General to inform you that on the thirteenth day of December 1996 at 10 a.m., His Excellency the Governor-General will declare to you in person the cause of his summoning this Parliament to meet. But since it is necessary that a Speaker of the House of Representatives be first chosen, His Excellency requests that you, Members of the House of Representatives, do now proceed to make choice of a fit and proper person to fill that high and important office, and that having chosen that person, you present that person at 3 p.m. this day, the twelfth day of December 1996 at the Government House at Wellington for His Excellency's approval.

The Commissioners then withdrew.

(continued)

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MEMBERS SWORN David Graham McGee, Clerk of the House of Representatives, a Commissioner appointed to administer the oath to members, did administer the Oath or Affirmation of Allegiance to the following members, which being done they took their seats in the House: Arthur Anae, James Patrick Anderton, Donna Lynn Awatere Huata, John Archibald Banks, Richard John Barker, Timothy Andrew Barnett, . . .

Members sworn on first day (s.o. 12). The commission authorising the administration of the oath or affirmation, which the Clerk reads out, is omitted from the text.

OP 152


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ELECTION OF SPEAKER Hon DOUG KIDD (NZ National—Kaikoura): I declare my nomination for the office of Speaker. Rt Hon JONATHAN HUNT (NZ Labour): I declare my nomination for election of Speaker. A personal vote was called for on the question of the election of the Speaker. AYES 70

Anae English McLauchlan Shipley Awatere-Huata Fletcher McLean Shirley Banks Gerard Mapp Simcock Batten Graham Mark Simich

[and other names . . .] NOES 50

Anderton Fitzsimons Kelly Robson Barker Gillon King Samuels Barnett Goff Kopu Sutherland Braybrooke Gordon Lee Sutton

[and other names . . .] Douglas Lorimer Kidd was elected as Speaker. Mr SPEAKER-ELECT: Honourable members, thank you for this appointment—especially those who voted for me . . . Rt Hon J B BOLGER (Prime Minister): Mr Speaker-elect, can I be the first to congratulate you on assuming the considerable responsibilities of the Speakership of this House. Now . . . Mr SPEAKER-ELECT: I thank the honourable member for his comments. He can, as befits someone who so excellently discharges the role of the Leader of the House, be assured of my profound respect. I hope to take advantage of his counsel from time to time if he is so generous as to make it available to me. I thank all other honourable members for their comments. It is clear that there is much discussion yet to ensue between various forces within the House.


Election of speaker (s.o. 15-24). The Clerk calls for nominations. A member nominates himself/herself. No question is proposed and there is no debate. If two members are nominated a personal vote is held. The elected member takes the Chair as Speaker-elect (not Speaker until confirmed by the Governor-General). Members may congratulate the Speaker-elect. The House then adjourns.

OP 153


STATE OPENING AFTER A COMMISSION OPENING (s.o. 14, 23-24, 26-28, 188-189)

Standing Order 14 sets out the proceedings on the day of a State opening after a commission opening. Parliament begins in the normal manner with prayers, which are followed by confirmation of the election of the Speaker. The members are summoned to the Legislative Chamber to hear the Governor-General or the Queen read the Speech from the Throne, which outlines the Government's legislative programme for the year. Next is the procedure headed “AUTHORITY TO ADMINISTER OATH”. Upon members' return to the Chamber the text of the speech is laid on the table by the Speaker. Parliament may then proceed to the appointment of the Deputy Speaker and the Assistant Speaker(s); the appointment of the subject select committees set out in Standing Order 189; and the appointment of an Officers of Parliament Committee and a Regulations Review Committee. The Speaker may then suspend the sitting to permit the moving of the Address in Reply at 2 p.m. that day, or the House may adjourn (s.o. 14(2)). The Queen has not officiated at a State opening of Parliament after a commission opening since 1970. For that reason, the precedents in this section relate only to the Governor-General.

OP 154


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FRIDAY, 13 DECEMBER 1996 Mr Speaker took the chair at 10 a.m. Prayers.

ELECTION OF SPEAKER MR SPEAKER: I have to report that, accompanied by members, I waited upon His Excellency the Governor General at Government House yesterday when I addressed His Excellency as follows:

May it please Your Excellency:

In obedience to Your Excellency's commands, the Members of the House of Representatives, in the exercise of their undoubted rights and privileges, have proceeded to the election of a Speaker, and, as the subject of their choice, I now present myself to you and submit myself for Your Excellency's approbation.

His Excellency replied as follows:

Mr Speaker-Elect, it is with much pleasure that, on behalf of Her Majesty the Queen, I approve and confirm the choice that the House of Representatives has made in your person. . . .

I have further to report that I also addressed His Excellency as follows:

I humbly thank Your Excellency for your approbation of . . . His Excellency replied as follows:

Mr Speaker, on behalf of Her Majesty The Queen, I confirm all the rights and privileges of the House of Representatives on . . .

I desire to repeat my respectful acknowledgment to the House of the high honour it has done me in electing me to be its Speaker. Pending the arrival of the Commission, we will now await the summons to attend His Excellency the Governor-General.

Confirmation of Speaker after waiting upon Governor-General. Incorporation.

OP 155


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MEMBER SWORN Helen Duncan was presented to the Speaker, made the affirmation required by law, and took her seat in the House.

Member makes affirmation after initial swearing in of members (s.o. 13(1)).

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MEMBER SWORN Mr Speaker administered the Oath of Allegiance to Jack Arnold Elder, who then took his seat in the House.

Member sworn in after initial swearing in of members (s.o. 13(1)).

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STATE OPENING A message from His Excellency the Governor-General desiring the immediate attendance of honourable members in the Legislative Council Chamber was delivered by the Gentleman Usher of the Black Rod. Accordingly, Mr Speaker and honourable members, preceded by the Serjeant-at-Arms, proceeded to the Legislative Council Chamber, and, after a short absence, returned.

Members summoned to hear Governor-General read Speech from the Throne.

OP 156


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GOVERNOR-GENERAL'S SPEECH Mr SPEAKER: I desire to report that when the House did attend His Excellency the Governor-General this day in the Legislative Council Chamber, His Excellency was pleased to make a speech, the text of which was handed to me by His Excellency, and I now lay such text on the table of the House. The text of the speech is:

HONOURABLE MEMBERS OF THE HOUSE OF REPRESENTATIVES It is a privilege for me to exercise for the first time the prerogative of Her Majesty the Queen in opening this, the 45th Parliament.

In 1993, New Zealand voters decided that this Parliament should be elected on the basis of Mixed Member Proportional Representation. The last Parliament enacted legislation to finalise the procedures for the 1996 general election. Standing Orders of the House were revised in December 1995, and refined in August 1996, to facilitate the conduct of business in the new era.

Much of the nine week period since polling day has seen the process of discussion on government formation pursued by the leadership of the relevant political parties. The National-United coalition has remained in office as the government.

Within the last few days . . .

HONOURABLE MEMBERS OF THE HOUSE OF REPRESENTATIVES, I pray that Divine Guidance will attend this House in all of its deliberations.

Governor-General's speech. Procedure upon members' return to the Chamber. Incorporation.

OP 157


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AUTHORITY TO ADMINISTER OATH Mr SPEAKER: I take this opportunity to inform the House that I have received the following commission from His Excellency the Governor-General authorising me to administer the oath or affirmation prescribed by law to be taken or made by members of the House. It reads:

(signed) MICHAEL HARDIE BOYS, Governor-General.

To all whom these presents shall come, and to Douglas Lorimer Kidd, MP, Speaker of the House of Representatives:

GREETING!

PURSUANT to the authority in me vested in that behalf, I, the Right Honourable Sir Michael Hardie Boys, The Governor-General of New Zealand, do hereby authorise you, the said

DOUGLAS LORIMER KIDD, MP,

to administer to all or any members or member of the House of Representatives the Oath or Affirmation of Allegiance to Her Majesty The Queen required by law to be taken or made and subscribed by every such member before that member shall be permitted to sit or vote in the said House.

Given under the hand of His Excellency The Governor-General, and issued under the Seal of New Zealand, this 12th day of December 1996.

(signed) JIM BOLGER, PRIME MINISTER.

Authority to administer oath. Usually follows the confirmation of the election of the Speaker. Incorporation.

OP 158


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Rt Hon DON McKINNON (Leader of the House): It is my wish to move, That Ian Murray Revell be appointed Deputy Speaker. I am not unaware of the fact that this particular issue is . . . Rt Hon HELEN CLARK (Leader of the Opposition): I move, That the name “Ian Murray Revell” be omitted, and the name “Rt Hon Jonathan Lucas Hunt” be inserted. I begin my remarks with a word directly to Mr Revell, the member for Northcote, to say . . . A party vote was called for on the question, That the name “Ian Murray Revell” be omitted, and the name “Rt Hon Jonathan Lucas Hunt” be inserted. Amendment not agreed to. A party vote was called for on the question, That Ian Murray Revell be appointed Deputy Speaker. Motion agreed to.

Appointment of Deputy Speaker (see also AP2). Motion. Amendment to motion. Vote on amendment—amendment must be restated. Ending. Vote on motion. Ending.

OP 159


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Rt Hon DON McKINNON (Leader of the House): I move, That Jill Pettis, the member for Whanganui, be appointed an Assistant Speaker. Motion agreed to. JILL PETTIS (NZ Labour—Whanganui): I thank you, Mr Speaker, for giving me this opportunity to speak. I thank the House for its endorsement . . .

Appointment of Assistant Speaker (see also AP2). Ending. Thanks.

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BUSINESS OF SELECT COMMITTEES Rt Hon DON McKINNON (Leader of the House): I move, That Government motions 3 to 22 as set out on Order Paper No. 1 be agreed to. The motions set up the select committees for this Parliament. Motion agreed to.

Appointments Rt Hon DON MCKINNON (Leader of the House): I move, That a Commerce Committee consisting of eight members be established . . .

Setting up of select committees after election—one motion agreed to. Ending.

OP 160


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BUSINESS OF SELECT COMMITTEES Rt Hon DON McKINNON (Leader of the House): I seek leave to take Government notices of motion Nos 3 to 22, relating to the appointment of select committees, as one question, and I also seek leave to take Government notice of motion No. 23, relating to the Parliamentary Service Commission, today also. Mr SPEAKER: Is there any objection to that course of action being followed? There is objection.

Appointment—Commerce Committee Rt Hon DON McKINNON (Leader of the House): I move, That a Commerce Committee be appointed, to consider any bill, petition, or other matter referred by the House, and such estimates or review of departmental performance as may be referred by the Finance and Expenditure Committee, and to examine the policy, administration, and expenditure of departments and associated non-departmental Government bodies related to commerce, communications, customs, energy, regional development, and tourism. Motion agreed to.

Appointment—Education and Science Committee Rt Hon DON McKINNON (Leader of the House): I move, That an Education and Science Committee be appointed, to consider any bill, petition, or . . .

Setting up of select committees after election—separate motions. Leave sought to take motions as one question. Leave declined. First motion. Ending. Second motion. Hansard, Volume 539, at page 16.

OP 161


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PARLIAMENTARY SERVICE COMMISSION Membership

Rt Hon DON McKINNON (Leader of the House): I move, That pursuant to section 7(1)(d) of the Parliamentary Service Act 1985, the following be appointed as members of the Parliamentary Service Commission: John Carter, Jim Gerard, Trevor Mallard, and Larry Sutherland. Rt Hon WINSTON PETERS (Leader—NZ First): On the question of the membership of the Parliamentary Service Commission I should . . . Motion agreed to.

Membership of Parliamentary Service Commission (see also AP5). Members may speak. Ending.

hadj6 Sitting suspended from 11.45 a.m. to 2 p.m. Speaker may suspend sitting to permit Address in Reply to be moved at 2 p.m.—optional; House may adjourn (see next example).

hadj1 The House adjourned at 11.45 a.m. House may adjourn until next sitting day—optional; Speaker may suspend sitting (see above example).

OP 162


ADDRESS IN REPLY (s.o. 14(2), 168-169, 335-337, 344)

The Address in Reply debate begins with the motion that a respectful Address be presented to His Excellency the Governor-General in reply to His Excellency's speech. See Standing Order 335. The motion may be seconded. The Leader of the Opposition, the Prime Minister, and specified party leaders may speak for 30 minutes each. Members making maiden speeches may speak for 15 minutes each, and other members may speak for 10 minutes each. The whole debate is set down for 19 hours and takes precedence over all other Government orders of the day. The debate is interrupted at the end of each sitting day. Members may move amendments to the Address in Reply. The amendments may only propose to add to the motion (s.o. 336). Members who have already spoken in the debate may speak again to the amendments, although this is rarely done because of the time limited debate and the desire to allow as many members as possible the opportunity to speak. A vote on an amendment is taken at the end of the Address in Reply debate. The most recent amendment is voted on first. When the debate is concluded, the Speaker reads the text of the proposed Address in Reply and puts the question that it be agreed to (s.o. 168). In due course the Speaker reports to the House the Governor-General's reply. The Leader of the House moves that the reply be entered in the Journals of the House. Heading. The heading does not change if an amendment to the Address in Reply is moved. If another

address is included when the Speaker reports to the House the Governor-General’s reply, the heading is “ADDRESS IN REPLY—”.

Motion. “That a respectful Address be presented to His/Her Excellency the Governor-General in reply to

His/Her Excellency’s speech.” (s.o. 335). Maiden speeches and maiden statements. Newly elected members of Parliament give their first speeches,

known as maiden speeches, during the Address in Reply debate. Changes should be made with great caution (see A3.1 of the Style File). If a member’s maiden speech is given outside the Address in Reply debate, it is known as a maiden statement and is headed up as such (s.o. 344).

OP 163


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ADDRESS IN REPLY LYNNE PILLAY (NZ Labour—Waitakere): I move, That a respectful Address be presented to His Excellency the Governor-General in reply to His Excellency's speech. Congratulations to the Governor-General . . . Dr ASHRAF CHOUDHARY (NZ Labour): I second the motion that a respectful Address be presented . . . Debate interrupted.


Motion that Address in Reply be presented (s.o. 335). First speech given. Next speaker may second the motion. Ending at end of each day's debate.

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ADDRESS IN REPLY Debate resumed from 19 February. H V ROSS ROBERTSON (NZ Labour—Manukau East): It is proper and fit that this House address the issues of . . .

Address in Reply debate resumes next sitting day. NB: “Debate resumed . . .”.

OP 164


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Rt Hon MIKE MOORE (Leader of the Opposition): . . . amend the message sent to the House. It will be a long amendment and it will be a leaflet that can go into every letterbox in this country. I move, That the following words be added to such address, namely: . . . A party vote was called for on the question, That the following words be added to the proposed amendment to the Address: “and that this House calls upon the Government to make a forthright and comprehensive submission to the International Court of Justice in support of the World Health Organization's request that the court give its advisory opinion on the legality of the use of nuclear weapons.” Amendment not agreed to. A party vote was called for on the question, That the following words be added to the Address, namely: “and communicates the displeasure of this House in the performance of the Executive . . . which gives adequate protections to workers.” Amendment not agreed to. Address in Reply agreed to.

Amendment to Address in Reply motion (s.o. 336 sets out the form). The heading does not alter. Amendment(s) voted on at end of debate. The most recent amendment is voted on first. Each amendment must be restated. Ending. Vote on amendment moved prior to the preceding amendment. Ending. Ending for primary motion moved at beginning of Address in Reply debate.

OP 165


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Mr SPEAKER: The Address is as follows:

ADDRESS FROM THE HOUSE OF REPRESENTATIVES

To

His Excellency the Rt Hon. Sir Michael Hardie Boys, Principal Knight Grand Companion of the New Zealand Order of Merit, Knight Grand Cross of the Most Distinguished Order of St Michael and St George, Principal Companion of the Queen's Service Order, Governor-General and Commander-in-Chief in and over New Zealand.

YOUR EXCELLENCY— WE, the House of Representatives, thank you for the speech addressed to us when you opened this forty-fifth Parliament. As Her Majesty's loyal subjects, we assure you that matters referred to therein will receive our careful consideration, and we join Your Excellency in praying that divine guidance will attend our deliberations.

Address agreed to. Hon WYATT CREECH (Leader of the House): I move, That Mr Speaker, accompanied by the mover and the seconder, and other members of this House, do present the said Address to His Excellency the Governor-General at a place and time to be appointed by His Excellency. Motion agreed to.

Speaker reads text of Address in Reply (s.o. 168). Incorporation. Ending. The Leader of the House moves that the Speaker, accompanied by other members, presents the Address in Reply to the Governor-General (s.o. 169). Ending.

OP 166


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Mr SPEAKER: I have to announce that, accompanied by members, I attended upon His Excellency the Governor-General with the Address agreed to by the House in reply to the speech at the opening of this Parliament. His Excellency was pleased to make the following reply:

MR SPEAKER AND MEMBERS OF THE HOUSE OF REPRESENTATIVES:

I receive with much pleasure the Address which has been adopted by the House of Representatives in reply to my speech at the opening of the First Session of the Forty-fifth Parliament of New Zealand. I thank you for your assurance that the matters referred to in my speech will receive your careful consideration.

Michael Hardie Boys, Governor-General.

Hon PAUL EAST (Leader of the House): I move, That the reply of Her Excellency the Governor-General be entered in the Journals of the House. Motion agreed to.

Speaker announces Address in Reply has been presented to Governor-General, and reads Governor-General's reply. OtherAddresses may be included, and the heading is then “ADDRESSES IN REPLY—”. Incorporation. The Leader of the House moves that the Governor-General's reply be entered in the Journals of the House.

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MAIDEN STATEMENT PANSY WONG (NZ National): Mr Speaker, it is with sincerity that I wish you and your deputy and assistant Speakers all the best in your endeavour to maintain order and standards in this first MMP Parliament. It cannot be easy, with the number . . .

Maiden statement. This heading is used when a maiden speech is given outside the Address in Reply debate (s.o. 344).

OP 167


STATE OPENING AT BEGINNING OF SESSION—QUEEN

The procedure is the same as for a State opening after a commission opening, but without the “ELECTION OF SPEAKER”, “AUTHORITY TO ADMINISTER OATH”, “APPOINTMENTS” of Deputy and Assistant Speakers, “SELECT COMMITTEES”, and “PARLIAMENTARY SERVICE COMMISSION” steps. The following precedents include the presentation of a special Address to the Queen, and Address in Reply examples.

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WEDNESDAY, 14 FEBRUARY 1996 Mr Speaker took the chair at 10 a.m. Prayers.

STATE OPENING OF PARLIAMENT BY HER MAJESTY THE QUEEN

A message from Her Majesty the Queen requesting the immediate attendance of honourable members in the Legislative Council Chamber was delivered by the Gentleman Usher of the Black Rod. Accordingly, Mr Speaker and honourable members, preceded by the Serjeant-at-Arms, proceeded to the Legislative Council Chamber, and, after the delivery of the Speech from the Throne, returned.

Members summoned to hear Queen read speech from the throne.

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THE QUEEN'S SPEECH Mr SPEAKER: I desire to report that, when the House did attend Her Majesty the Queen this day in the Legislative Council Chamber, Her Majesty was pleased to make a speech, the text of which was handed to me by Her Majesty. I now lay such text upon the table of the House.

HONOURABLE MEMBERS OF THE HOUSE OF REPRESENTATIVES. It is four years since I last exercised my prerogative to open the New Zealand Parliament. I am pleased to do so again today, by opening the second session of the 42nd Parliament. I have now been to New Zealand eight times, my first visit being 36 years ago: a long . . .

Queen's speech. Procedure upon members' return to the Chamber. Incorporation.

hadj6 Sitting suspended from 11.45 a.m. to 2 p.m. Speaker may suspend sitting to permit Address in Reply to be moved at 2 p.m.—optional; House may adjourn (see next example).

OP 168


hadj1 The House adjourned at 11.45 a.m. House may adjourn until next sitting day—optional; Speaker may suspend sitting (see above example).

OP 169


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ADDRESS TO HER MAJESTY THE QUEEN Rt Hon JONATHAN HUNT (Leader of the House): I seek leave for the Prime Minister to move, and for the Leader of the Opposition to second, a motion that a special Address be presented to Her Majesty the Queen on the occasion of Her Majesty's presence in New Zealand. Mr SPEAKER: Is there any objection to that course being followed? There appears to be none. Rt Hon GEOFFREY PALMER (Prime Minister): I move, That a respectful Address be presented to Her Majesty the Queen on the occasion of Her Majesty's presence in New Zealand in this anniversary year of 1990. In speaking to the motion I want to observe that this is the seventh occasion upon which Her Majesty has opened the New Zealand Parliament; it is the 39th year of her reign; and it is 150 years since the signing of . . . Hon J B BOLGER (Leader of the Opposition): I second the motion that a respectful Address be presented to Her Majesty the Queen on the occasion of Her Majesty's presence in New Zealand in this anniversary year of 1990. I do so on behalf of Her Majesty's loyal . . . Motion agreed to.

Motion to present a special Address to the Queen. Only the Prime Minister and the Leader of the Opposition speak—unusual. Ending.

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ADDRESS IN REPLY—PRESENTATION TO HER MAJESTY THE QUEEN


To the Queen's Most Excellent Majesty: Most Gracious Majesty, we, Your Majesty's most dutiful and loyal subjects, the members of the House of Representatives in Parliament assembled, beg leave to offer our humble thanks to Your Majesty, and our heartfelt gladness, for Your Majesty's presence among your people of New Zealand in this anniversary year of 1990. . .

Address agreed to. Rt Hon JONATHAN HUNT (Leader of the House): I move, That Mr Speaker, accompanied by members of the House, do present the said Address to Her Majesty the Queen at Government House on Thursday, 15 February, at 3.35 p.m. Motion agreed to.

Speaker reads text of special Address. Incorporation. Ending. The Leader of the House moves that the Speaker, accompanied by other members, presents the special Address to the Queen. Ending.

OP 170


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ADDRESS TO HER MAJESTY THE QUEEN—PRESENTATION Mr SPEAKER: I have to announce that, accompanied by members, I attended upon Her Majesty the Queen with the Address agreed to by the House on the occasion of Her Majesty's presence in New Zealand, to which Her Majesty was pleased to make the following reply:

Mr Speaker and members of the House of Representatives, I have much pleasure in receiving the address adopted by the House of Representatives on the occasion of my period of residence in this realm during the New Zealand 1990 commemoration. . . . May every success attend your endeavours for the best interests of New Zealand in the years ahead. Elizabeth R., Wellington, 15 February 1990.

Rt Hon JONATHAN HUNT (Leader of the House): I move, That the reply of Her Majesty the Queen be entered in the Journals of the House. Motion agreed to.

Speaker announces special Address has been presented to Queen, and reads Queen's reply. Incorporation. The Leader of the House moves that the Queen's reply be entered in the Journals of the House. Ending.

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ADDRESS IN REPLY NANAIA MAHUTA (NZ Labour—Tainui): I move, That a respectful Address be presented to Her Majesty the Queen in reply to Her Majesty's speech. Ka tangi te titi, ka tangi te kaka . . . KATHERINE RICH (NZ National): I rise with pleasure to second the motion of the member for Island Bay, that a respectful Address . . . Debate interrupted.


Motion that Address in Reply be presented. (s.o. 335). First speech given. Next speaker may second the motion. Ending at end of each day's debate.

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ADDRESS IN REPLY Debate resumed from 20 February. Hon J B BOLGER (Leader of the Opposition): First, I congratulate you, Mr Speaker, on your recent elevation . . .


OP 171


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Dr DON BRASH (Leader of the Opposition): I move the following amendment to the respectful Address: That the following words be added to such Address—namely, “and that the . . .”. A party vote was called for on the question, That the following words be added to such Address—namely, “and that the . . .”. Amendment not agreed to. Address in Reply agreed to.

Amendment to Address inRreply motion (s.o. 336). The heading does not alter. Amendment(s) voted on at end of debate. The most recent amendment is voted on first. Each amendment must be restated. Ending. Ending for primary motion moved at beginning of Address in Reply debate.

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To the Queen's most Excellent Majesty. Most Gracious Majesty: We, Your Majesty's most dutiful and loyal subjects, the members of the House of Representatives . . .

Address agreed to. Hon PAUL EAST (Leader of the House): I move, That Mr Speaker, accompanied by the members of this House, do present the said Address to Her Majesty the Queen at a place and time to be appointed by Her Majesty. Motion agreed to.

Speaker reads text of Address in Reply (s.o. 168). Ending. The Leader of the House moves that the Speaker, accompanied by other members, present the Address in Reply to the Queen (s.o. 169). Ending.

OP 172


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Mr SPEAKER: Honourable members, I have to advise that I have received the following acknowledgment from Her Majesty the Queen in reply to Her Majesty's speech:

Mr Speaker and members . . . Hon Dr MICHAEL CULLEN (Leader of the House): I move, That the reply of Her Majesty the Queen be entered in the Journals of the House. Motion agreed to.

Speaker announces Address in Reply has been presented to Queen, and reads Queen's reply. Incorporation. The Leader of the House moves that the Queen's reply be entered in the Journals of the House. Ending.

OP 173


STATE OPENING AT BEGINNING OF SESSION—GOVERNOR GENERAL

The procedure is the same as for a State opening after a commission opening, but without the “ELECTION OF SPEAKER”, “AUTHORITY TO ADMINISTER OATH”, “APPOINTMENTS” of Depty and Assistant Speakers, “SELECT COMMITTEES”, and “PARLIAMENTARY SERVICE COMMISSION” steps. The following precedents include Address in Reply examples.

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TUESDAY, 7 APRIL 1983 Mr Speaker took the chair at 10 a.m. Prayers.

OPENING OF PARLIAMENT BY GOVERNOR GENERAL A message from His Excellency the Governor-General desiring the immediate attendance of honourable members in the Legislative Council Chamber was delivered by the Gentleman Usher of the Black Rod. Accordingly, Mr Speaker and honourable members, preceded by the Serjeant-at-Arms, proceeded to the Legislative Council Chamber, and, after a short absence, returned.

Members summoned to hear Governor-General read Speech from the Throne.

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GOVERNOR-GENERAL'S SPEECH Mr SPEAKER: I desire to report that when the House did attend His Excellency the Governor-General this day in the Legislative Council Chamber, His Excellency was pleased to make a speech, the text of which was handed to me by His Excellency. I now lay such text on the table of the House.

HONOURABLE MEMBERS OF THE HOUSE OF REPRESENTATIVES, it is a privilege for me to exercise for the third time the prerogative of Her Majesty The Queen in opening this Second Session of the 40th Parliament. My wife and I enjoy serving New Zealand . . .

Governor-General's speech. Procedure upon members' return to the Chamber. Incorporation.

OP 174


hadj6 Sitting suspended from 11.45 a.m. to 2 p.m. Speaker may suspend sitting to permit Address in Reply to be moved at 2 p.m. –optional; House may adjourn (see next example).

hadj1 The House adjourned at 11.45 a.m. House may adjourn until next sitting day—optional; Speaker may suspend sitting (see above).

OP 175


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GERRY BROWNLEE ( NZ National—Ilam): I move, That a respectful Address be presented to His Excellency the Governor-General in reply to His Excellency's speech. In moving the motion I am aware that New Zealanders deeply appreciate the relaxed and humane . . . CLAYTON COSGROVE (NZ Labour--Waimakariri): I second the motion that a respectful address be . . . Debate interrupted.


Motion that Address in Reply be presented (s.o. 335). First speech given. Next speaker may second the motion. Ending at end of each day's debate.

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ADDRESS IN REPLY Debate resumed from 7 April. DARREN HUGHES (NZ Labour—Otaki): I am faced with a task—I will not say it is formidable, but it is made a little . . .


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. . . and that is why I move, That the motion before the House be amended by adding to it the words “and that the Government has lost the confidence of this House, the National Party, and New Zealand.” Having done that, I want to . . . A party vote was called for on the question, That the motion before the House be amended by adding to it the words “and that . . .”. Amendment not agreed to. Address in Reply agreed to.

Amendment to Address in Reply motion (s.o. 336 sets out the form). The heading does not alter. Amendment(s) voted on at end of debate. The most recent amendment is voted on first. Each amendment must be restated. Ending. Ending for primary motion moved at beginning of Address in Reply debate.

OPB 176

Precedent Manual: Order Paper and Business of the House 16 July 2004

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Mr SPEAKER: The proposed Address from the House of Representatives to His Excellency the Hon Sir David Stuart Beattie, Knight Grand Cross of the Most Distinguished Order of St Michael and St George, Principal Companion of the Queen's Service Order, one of Her Majesty's Counsel learned in the law, Governor-General and Commander-in-Chief in and over New Zealand, is as follows:

Your Excellency, we, Her Majesty's loyal subjects, the House of Representatives in Parliament assembled, thank Your Excellency for the speech which you recently addressed to us. We wish to . . .

Address agreed to. Rt Hon DAVID THOMSON (Leader of the House): I move, That Mr Speaker, accompanied by members of the House, do present the said Address to His Excellency the Governor-General at Government House on Thursday, 5 May, at 9 a.m. Motion agreed to.

Speaker reads text of Address in Reply (s.o. 168). Incorporation. Ending. The Leader of the House moves that the Speaker, accompanied by other members, presents the Address in Reply to the Governor-General (s.o. 169). Ending.

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Mr SPEAKER: I have to announce that, accompanied by members, I attended upon His Excellency the Governor-General with the Address agreed to by the House in reply to His Excellency's speech, to which His Excellency was pleased to make the following reply:

Mr Speaker and members of the House of Representatives—I received with much pleasure the address which has been adopted by the . . .

Rt Hon DAVID THOMSON (Leader of the House): I move, That the reply of His Excellency the Governor-General be entered in the Journals of the House. Motion agreed to.

Speaker announces Address in Reply has been presented to Governor-General, and reads Governor-General's reply. Incorporation. The Leader of the House moves that the Governor-General's reply be entered in the Journals of the House. Ending.

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ORDER PAPER AND BUSINESS OF THE HOUSE

The Clerk prepares an Order Paper (s.o. 61) for each sitting day, recording information about business to be transacted at the next meeting of the House—in other words, an agenda. Business is set out in the order it is to be considered by the House as required by the Standing Orders or by decisions of the Business Committee (s.o. 76). On Tuesdays and Wednesdays there are two issues of the Order Paper; there is one issue on Thursday. Order Papers are delivered to the Data Collection, Text, and Technical sections each sitting day as they become available. Progress of bills, and bills and other business before select committees are printed in the Bulletin, and are available on the Office of the Clerk website. An item of business is known as an order of the day (s.o. 64-73). As orders of the day are reached the Speaker directs the Clerk to read them out. The appropriate motion is moved by the member in charge of the order, or the debate resumes at the point at which it was interrupted. An order of the day may be postponed or discharged on a motion without notice, may be discharged by default, or by the member in whose name the order stands informing the Clerk (s.o.71(1)). Order of business. At 2 p.m. the House conducts general business—

announcement of petitions, papers, and select committee reports, followed by introduction of bills, questions for oral answer, debate on a matter of urgent public importance, general debate (Wednesdays only), and consideration of reports of the Privileges Committee (s.o. 63). On Tuesdays, alternate Wednesdays, and Thursdays general business is followed by Government orders of the day: Government bills; the Address in Reply debate; debate on the Prime Minister’s statement; debate on the performance and current operations of Crown entities, public organisations, and State enterprises; and Government notices of motion (s.o. 64-65). On alternate Wednesdays, general business is followed by private and local orders of the day, which consist of various stages of private and local bills (s.o. 66-67), then by members’ orders of the day. Orders of the day not reached are automatically set down on the following day’s Order Paper (s.o. 70). Standing Order 73 provides for alternate members’ and Government days.

Notices of motion. The Order Paper also includes motions that members have

given notice they intend to move in the House. Government notices of motion are

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printed first, followed by members’ notices of motion. For further details see the MOTIONS section.

Questions for oral answer. Questions for oral answer are displayed on the

website of the Office of the Clerk. See the QUESTIONS section.

(continued) For matters raised in the House that relate to tbe business of the House the following headings are used (BUT see the explanation for “BUSINESS OF THE HOUSE”). The examples in this section are grouped under these headings. BUSINESS STATEMENT is used for the Thursday announcement (before

question time) by the Leader of the House of the programme for the next week. If the Thursday is an urgency day, the weekly statement may be given the next sitting day.

SITTINGS OF THE HOUSE is used if a motion is put for the House to vary the

usual hours of the House; if leave is sought to vary the usual hours of the House at another time or on another day; if leave is sought to vary the usual hours of the House right there and then and, in the granting of that leave, further information is provided; if leave to vary the usual hours of the House is declined, and for motions that relate to the sitting programme for the year or part of the year (s.o. 78). See the SITTING SUSPENDED AND HOUSE ADJOURNED section for examples of variations to House hours that do not require a heading.

BUSINESS OF THE HOUSE is used for any variation to the order of business

or to procedure that does not relate to a specific bill. If the variation relates to a specific bill, the name of the legislation is used with the subheading “Procedure”. Variations covering more than three bills are headed “BUSINESS OF THE HOUSE” and are indexed separately. There is one exception: the heading for the extension of reporting times for three or more bills is “SELECT COMMITTEES” (see the example on SC 14). Leave may be sought of members attending a select committee to be regarded as present for the purposes of casting party votes. The heading is “BUSINESS OF THE HOUSE” (see example on OPB 7).

URGENCY is used for urgency motions.

MEMBERS’ BILLS is to be used when matters are raised relating to the

procedure for the ballot for members’ bills (s.o. 275). BUSINESS CARRIED FORWARD is the heading used for the motion moved

on the last day of the last session of a Parliament, before a general election, enabling unfinished House business to be carried over to the next Parliament (s.o. 79). (This provision will change after amendments to the Constitution Act—

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15/03/04)

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CONTENTS BUSINESS STATEMENT Weekly statement....................................................................................................... OPB4 Given by Minister not Leader of the House............................................................... OPB4 SITTINGS OF THE HOUSE Leave sought to rise early for dinner; seeking of leave not included ........................ OPB5 Leave sought to rise early for dinner; seeking of leave included .............................. OPB5 Leave sought to rise early for dinner; leave declined ................................................ OPB5 Leave sought to rise early at end of day; seeking of leave not included ................... OPB5 Leave sought to rise early at end of day; seeking of leave included.......................... OPB6 Leave sought to rise until the ringing of the bell the next sitting day........................ OPB6 Motions for House to rise until the ringing of the bell the next day.......................... OPB6 Motion that House rise for 4-week adjournment ....................................................... OPB6 Motion setting out sitting days for rest of year .......................................................... OPB7 Amendment to motion ............................................................................................... OPB7 BUSINESS OF THE HOUSE Motion to vary order of business ............................................................................... OPB8 Leave sought to vary order of business...................................................................... OPB8 Leave sought to vary procedure................................................................................. OPB8 Leave sought for question time during urgency ........................................................ OPB9 Leave sought to vary order of business re up to three bills ....................................... OPB9 Leave sought to vary order of business re more than three bills ............................... OPB9 Leave sought twice re two bills ............................................................................... OPB10 Debate on bill interrupted to seek leave to vary order of business re other bill ...... OPB10 Leave sought at end of second reading to vary order of business (omit Committee stage) and to incorporate S.O.P; followed by third reading ............................................. OPB11 Leave sought to vary order of business re bill, which is then dealt with ................. OPB11 Leave sought to vary order of business re bill, to deal with two stages at same time; bill then dealt with ..................................................................................................... OPB12 Order of the day for a bill postponed ....................................................................... OPB12 Order of the day for consideration of special report on bill discharged by default . OPB12 Order of the day re matter other than bill discharged by default ............................. OPB12 House debates procedure for special debate ............................................................ OPB13 Point of order raised about Speaker's directing Clerk to read out order of the day . OPB13 URGENCY Urgency motion ....................................................................................................... OPB14 Extraordinary urgency ............................................................................................. OPB14 MEMBERS’ BILLS Leave sought to conduct an extra ballot .................................................................. OPB15 BUSINESS CARRIED FORWARD Business carried forward.......................................................................................... OPB16 Amendment moved.................................................................................................. OPB16 Ending if closure motion accepted........................................................................... OPB16

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BUSINESS STATEMENT

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BUSINESS STATEMENT Rt Hon DON McKINNON (Leader of the House): It is hoped that on Tuesday we will be able to move towards consideration of the four bills on the Order Paper relating to company law reform. The general debate on Wednesday will be followed by members' day, and on Thursday I envisage the completion of the estimates debate. Rt Hon JONATHAN HUNT (Senior Opposition Whip): The Leader of the House did indicate that there would be an imprest supply debate. As he is not intending to take that next week, I assume that it will be in the week after. Rt Hon Don McKinnon: That's correct. Rt Hon JONATHAN HUNT: The second question I should like to ask is whether . . . Rt Hon DON McKINNON (Leader of the House): I am not able to tell the Opposition the date of the next general election.

Weekly statement. The shadow Leader of the House or another senior Opposition member usually asks any questions. In this case McKinnon's first answer is treated as an interjection.

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BUSINESS STATEMENT Rt Hon W F BIRCH (Minister of Health), on behalf of the Leader of the House: The business for next week will comprise the legislation on the Order Paper, which the Government wants to conclude before the House rises.

Given by Minister, not Leader of the House. NB. Deputy Leader of the House does not speak on behalf of the Leader of the House. Replace colon with comma and insert obom pro forma.

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SITTINGS OF THE HOUSE

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SITTINGS OF THE HOUSE JOHN CARTER (Senior Government Whip): As we have made good progress this afternoon I suggest that now is an appropriate time for you to leave the Chair, to resume at 7.30 p.m. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.


Leave sought to rise early for dinner; seeking of leave not included. Omit the shaded words as they contain no information not contained in the sitting suspended comment. Sitting suspended.

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SITTINGS OF THE HOUSE ROGER SOWRY (Junior Government Whip): Given that we have made progress, I seek leave that the House now rise until 7.30 p.m. Mr SPEAKER: I take it we are returning for the adjournment debate without the inclusion of Government motion No. 5. Leave is sought for that purpose. Is there any objection? There appears to be none.


Leave sought to rise early for dinner; seeking of leave included because of information contained in comment made by Speaker. Sitting suspended.

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SITTINGS OF THE HOUSE JOHN CARTER (Junior Government Whip): Now might be an appropriate time for the House to rise until 7.30 p.m. I seek leave for the House to do so, and if it is not granted a Minister shall move a motion. The TEMPORARY SPEAKER (Robert Anderson): Is there any disagreement with that course of action? There is objection. Rt Hon W F BIRCH (Minister of Health): I move, That this sitting be now suspended until 7.30 p.m. In speaking to the . . . The hour set down for the suspension of the sitting having arrived, the motion lapsed.


Leave sought to rise early for dinner; leave denied. Motion is debated. Ending. Once 6 p.m. is reached the House must rise (unless there is urgency). Sitting suspended.

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SITTINGS OF THE HOUSE Hon MAURICE McTIGUE (Minister of Labour): Mr Speaker, the House has made very good progress today, and I suggest that now might be an appropriate time for you to leave the Chair.


Leave sought to rise early at end of day; seeking of leave not included. leave granted. Omit the shaded words as they contain no extra information. House adjourns.

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SITTINGS OF THE HOUSE JOHN CARTER (Senior Government Whip): Mr Speaker, we have made very good progress tonight, and I suggest now would be an appropriate time for you to leave the Chair. Rt Hon JONATHAN HUNT (Senior Opposition Whip): We did have an undertaking from the Government. There is quite a big change to the Births, Deaths, and Marriages Bill, which is the next bill. A supplementary order paper was submitted that we want to have the weekend to consider. I thank the Minister for supplying some briefing notes, as he promised to do for us.


Leave sought to rise early at end of day; seeking of leave included because of information contained in comments made by the Senior Opposition Whip. House adjourns.

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SITTINGS OF THE HOUSE Rt Hon DON McKINNON (Leader of the House): I seek the leave of the House that at its rising it adjourns until the ringing of the bell on Tuesday, 22 November. That is for the luncheon for Prime Minister Goh Chok Tong. Mr SPEAKER: Is there any objection to that course of action? There appears to be none.

Leave sought to rise until the ringing of the bell the next sitting day (usually between 2 p.m. and 3 p.m., after an official function has finished).

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SITTINGS OF THE HOUSE Rt Hon DON McKINNON (Leader of the House): I move, That the House do, at its rising, adjourn until the ringing of the bell on Tuesday, 17 August. That is for the luncheon for the United Kingdom parliamentary delegation. Motion agreed to. Rt Hon DON McKINNON (Leader of the House): I move, That the House do, at its rising on Wednesday, 18 August, adjourn until the ringing of the bell on Thursday, 19 August. Motion agreed to.

Motions for the House to rise until the ringing of the bell the next day (usually between 2 p.m. and 3 p.m., after an official function has finished). Ending. Further motion. Ending.

OPB 186


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SITTINGS OF THE HOUSE Hon D A M GRAHAM (Minister of Justice), on behalf of the Leader of the House: I move, That the House do at its rising on Thursday, 19 August adjourn until 2 p.m. on Tuesday, 7 September 1993. Motion agreed to.

Motion that House rise for 4-week adjournment. Replace colon with comma and insert obom pro forma. Ending.

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SITTINGS OF THE HOUSE Rt Hon DON McKINNON (Leader of the House): I think that this is an appropriate time for me to move formally the motion concerning the sitting days of the House. I move, That the House do at its rising on Thursday, 1 April, which is obviously prior to Easter, adjourn until 2 p.m. on Tuesday, 20 April, and that unless otherwise ordered the following days be the subsequent sitting days of the House: 20, 21, 22, 27, 28, and 29 April; 4, 5, and 6 May; 1, 2, 3, 8, 9, 10, 15, 16, 17, 22, 23, 24, 29, and 30 June; 1, 20, 21, 22, 27, 28, and 29 July; 4, 5, 6, 10, 11, 12, 17, 18, and 19 August; and at its rising on Thursday, 19 August, do adjourn until 2 p.m. on Tuesday, 14 September. Motion agreed to.

Motion setting out sitting days for rest of year—motion may be an incorporation. Ending.

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Rt Hon JONATHAN HUNT (Senior Government Whip): I move, That the motion be amended by omitting the expression “Thursday, 6 April” and inserting the expression “Wednesday, 12 April”; and by adding the words “and that on Tuesday, 11 April and Wednesday, 12 April orders of the day for members' bills take precedence over Government orders of the day and Government notices of motion.” We have just heard a singularly inept and . . . A party vote was called for on the question, That the motion be amended by omitting the expression “Thursday, 6 April” and inserting the expression “Wednesday, 12 April”; and by adding the words “and that on Tuesday, 11 April and Wednesday, 12 April orders of the day for members' bills take precedence over Government orders of the day and Government notices of motion.” Amendment not agreed to. A party vote was called for on the question, That the House do at its rising on Thursday, 19 August . . . be agreed to. Motion agreed to.

Amendment to motion. Members may speak. Vote on amendment. Ending. Vote on primary motion. Ending.

OPB 188


BUSINESS OF THE HOUSE

Leave. When leave is sought to vary the order of business or to vary procedure, the Speaker/Chairperson’s

question to the House, and the Speaker/Chairperson giving the result are included in the text. (Clerk’s decision 28.10.1993.) See the second example. For more information on leave see the LEAVE section.

“I raise a point of order, Mr/Madam Speaker/Chairperson.” A member may say “I raise a point of

order, Mr Speaker. I seek leave . . .”. Omit the words “I raise a point of order, Mr Speaker.” References to legislation. Expand any general reference so that the reader knows what is being referred to.

For example, a reference by a whip to “postponing Government order of the day No. 2” might be set out as “postponing the third reading of the Finance Bill (No 2).”

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BUSINESS OF THE HOUSE Hon PAUL EAST (Leader of the House): I move, That reports of select committees be presented after 5.30 p.m. this evening. Motion agreed to.

Motion to vary order of business. Ending.

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BUSINESS OF THE HOUSE JOHN CARTER (Senior Government Whip): I raise a point of order, Mr Speaker. I seek the leave of the House for the member for Selwyn to make her valedictory speech at 5 o'clock or thereabouts. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? Hon Members: No. Mr SPEAKER: There appears to be none.

Leave sought to vary order of business. Omit the shaded words. Put what the Speaker says but omit the response of members. Omit the shaded words.

OPB 189


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BUSINESS OF THE HOUSE JOHN CARTER (Senior Government Whip): I raise a point of order, Mr Speaker. The Prime Minister is about to make a statement, and I seek leave of the House, after he has spoken and the Leader of the Opposition has spoken, to . . . Mr SPEAKER: Leave has been sought for that purpose. Is there any objection to that course of action being followed? There appears to be none.

Leave sought to vary procedure. Omit the shaded words.

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BUSINESS OF THE HOUSE Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave for questions for oral answer to be held tomorrow at 2 p.m., notwithstanding that the House may be sitting under urgency. Mr SPEAKER: Is there any objection to that course being followed? There appears to be none.

Leave is sought to take question time during urgency.

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MARLBOROUGH FORESTRY CORPORATION ACT REPEAL BILL

ROTORUA DISTRICT COUNCIL (SALE OF LIQUOR) EMPOWERING BILL

Procedure ERIC ROY (Junior Government Whip): I raise a point of order, Mr Speaker. I seek the leave of the House that at the conclusion of the general debate we take the Marlborough Forestry Corporation Act Repeal Bill and the Rotorua District Council (Sale of Liquor) Empowering Bill through their remaining stages. Mr DEPUTY SPEAKER: Leave is sought for that purpose. Is there any objection? There is objection.

Leave sought to vary order of business re up to three bills. Omit the shaded words.

OPB 191


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Question time interrupted.

BUSINESS OF THE HOUSE Rt Hon DON McKINNON (Leader of the House): I think it would be appropriate at this stage to seek the leave of the House that, at the conclusion of the general debate, the Eastwoodhill Trust Amendment Bill, the Explosives (Skyrockets Restriction) Amendment Bill, and the Local Elections and Polls Amendment Bill be taken through their remaining stages today, and to conclude the second reading debate on the Parliamentary Privilege Bill. Mr SPEAKER: Is there any objection? There appears to be none. Question time resumed.


Crime Prevention—Strategy 12. Mr FRANK GROVER (Christian Heritage) to the Minister of Justice: As British Home Office figures state that New Zealand now has the world’s second highest violent crime rate . . .

Leave sought to vary order of business re more than three bills. Question time resumed.

OPB 192


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FINANCE AMENDMENT BILL (NO 2) Procedure

JOHN CARTER (Senior Government Whip): I seek leave of the House that when we come to debate the second reading of the Finance Amendment Bill (No 2), the first two speakers be given 20 minutes and the following speeches be 10 minutes each. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

NATIONAL BANK OF NEW ZEALAND BILL Procedure

JOHN CARTER (Senior Government Whip): I seek leave of the House that, following the second reading of the National Bank of New Zealand Limited Bill, it proceed immediately to the third reading, skipping the Committee stage. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

Leave sought separately re two bills.

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. . . is all I have to say on the Finance Amendment Bill (No 4). Debate interrupted.

COUNTRYWIDE BANKING CORPORATION LIMITED BILL Procedure

Rt Hon JONATHAN HUNT (Senior Opposition Whip): I seek leave that when the House comes shortly to the Countrywide Banking Corporation Limited Bill, we proceed forthwith to the third reading at the conclusion of the second reading. Mr DEPUTY SPEAKER: Is there any objection to that course of action being taken? There appears to be none.

FINANCE AMENDMENT BILL (NO 4) Second Reading

Debate resumed. JOHN BLINCOE (Nelson): We heard what has . . .

Debate on bill interrupted to seek leave to vary order of business re other bill. Bill under debate set up again. Debate resumed

OPB 193


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. . . to look through that issue. Bill read a second time.

Procedure Hon DOUG KIDD (Minister of Labour): I seek leave for Supplementary Order Paper 94—it splits the Finance Bill (No 4) into three bills—to be incorporated into the bill, and for the House to move directly to the third reading. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none. Bill divided into the Finance Bill (No 4), the Fire Service Amendment Bill (No 2), and the Radio Communications Amendment Bill (No 2), pursuant to Supplementary Order Paper 94.

FINANCE BILL (NO 4) FIRE SERVICE AMENDMENT BILL (NO 2)

RADIO COMMUNICATIONS AMENDMENT BILL (NO 2) Third Readings

Rt Hon W F BIRCH (Minister of Finance): I move, That the Finance Bill (No 4), the Fire Service Amendment Bill (No 2), and the Radiocommunications Amendment Bill (No 2) be now read a third time. I again thank the members of the select . . .

Leave sought at end of second reading to vary order of business (omit Committee stage), and to incorporate S.O.P; followed by third reading. Leave sought to omit Committee stage and to incorporate S.OP that divides bill into three bills. Bill divided into three bills. Third readings.

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NEW ZEALAND SPORTS DRUG AGENCY BILL Procedure

TREVOR MALLARD (Pencarrow): I seek the leave of the House for members to bypass the Committee stage of the bill, then to take the third reading forthwith. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

Third Reading Hon JOHN BANKS (Minister for Sport, Fitness, and Leisure): I move, That this bill be now read a third time. I know that . . .

Leave sought to vary order of business re bill, which is then dealt with.

OPB 194


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OTAGO FOUNDATION TRUST BOARD BILL Procedure

JOHN CARTER (Junior Government Whip): I seek the leave of the House to allow the bill to go through all its main stages in one reading. Mr SPEAKER: Is there any objection? There appears to be none.

Second Reading Third Reading

Hon Dr MICHAEL CULLEN (St Kilda): I move, That this bill be now read a second and a third time. I thank the House . . . Bill read a second time and a third time.

Leave sought to vary order of business re bill, to deal with two stages at same time; bill then dealt with. Two stages combined. Delete member set up from b2r3 pro forma. Ending—add third reading ending.

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TE TURE WHENUA MAORI BILL/MAORI LAND BILL Procedure

Hon ROB STOREY (Minister of Lands): I move, That Government order of the day No. 3 for the third reading of the Te Ture Whenua Maori/Maori Land Bill be postponed. Motion agreed to.

Order of the day for a bill postponed. Ending.

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TERTIARY STUDENTS ASSOCIATION VOLUNTARY MEMBERSHIP BILL

Procedure As no member rose, members' order of the day No. 2 for consideration of the report of the Education and Science Committee on the Tertiary Students Association Voluntary Membership Bill was discharged.

Order of the day for consideration of special report on the bill was discharged by default—because of member's absence, or member chose not to move the motion. Delete member set up from pro forma.

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BUSINESS OF THE HOUSE As no member rose, Government order of the day No. 3 concerning Standing Orders 277 and 290 was discharged.

Order of day re matter other than bill discharged by default. Delete member set up.

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Motion agreed to.

BUSINESS OF THE HOUSE Mr SPEAKER: We come now to the special debate that was requested by the member for Western Māori. I am in the hands of the House with regard to speaking times. The initial agreement was . . . Rt Hon J B BOLGER (Prime Minister): The senior Opposition whip spoke to me only 4 minutes ago and sought agreement . . . Mr SPEAKER: If that is the will of the House, I am bound by the decision of the House. Is there no objection to the suggestion put forward? There seems to be no objection.

SPECIAL DEBATES Moutoa Gardens, Wanganui

Hon K T WETERE (Western Māori): I move, That the House take note of the occupation of Moutoa Gardens in Wanganui. First, I thank the Leader of the House and, indeed, the House . . .

House debates procedure for special debate. Delete member set up and use ssp pro forma to allow presiding officer set up. Each member who speaks set up with designation. House proceeds to special debate. Hansard, Volume 546, at page 6072.

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POINTS OF ORDER Reading of Order of the Day

Rt Hon JONATHAN HUNT (Senior Opposition Whip): I raise a point of order, Mr Speaker. The Government told me there was a bill to introduce before orders of the day. I do hope there is a Minister around who can do it. I do not mind which Minister. Rt Hon DON McKINNON (Leader of the House): I was working on the assumption that we were going on to the performance reviews. Mr SPEAKER: While it is a matter of regret that there may have been a misunderstanding, it is not a matter for the House to consider. That matter is between the whips, but at the moment I am coming to Government order of the day No. 1.

Point of order raised about Speaker’s directing Clerk to read out order of the day. The Speaker rules. Hansard, Volume 546 , at page 6384.

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URGENCY (s.o. 54-58)

Under urgency a bill may be taken through all its remaining stages in one day, and the House may sit for longer hours. If the business mentioned in the urgency motion is not completed by the time the House usually adjourns, it resumes at 9 a.m., and may carry on till midnight if necessary, taking meal breaks at 1 p.m. and 6 p.m. If urgency is declared on a Thursday, it may commence at 7.30pm and continue until 10pm. Urgency is finished when all the business mentioned in the urgency motion has been dealt with. The House cannot sit on Sundays. See the DEBATES section for the precedent if the Government decides to end urgency before all the business has been dealt with. See s.o. 54, 55, and 58. See QUESTIONS section for questions in urgency. See the BEGINNING OF THE DAY section for when the day begins with the House under urgency. See the SITTING SUSPENDED AND HOUSE ADJOURNED section for precedents relating to lunch and dinner adjournments under urgency, and the overnight suspension of the House. Extraordinary urgency (s.o. 56-58). Under extraordinary urgency the House can continue to sit beyond

midnight. It is designed to facilitate the passage of particularly important legislation involving, for example, the Budget or national security. The Speaker judges whether the reason given by the Government for seeking extraordinary urgency is justified.

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URGENCY Hon Dr MICHAEL CULLEN (Leader of the House): I move, That urgency be accorded the third reading of the Modern Aprenticeship Training Bill, and also orders of the day Nos 2 to 15. I move this motion in order that the Government can complete its legislative business this week. It should be noted that I intend to seek leave, if this motion is passed, for question time to be held tomorrow at 2 o’clock. A party vote was called for on the question, That urgency be accorded. Motion agreed to.

Wording of motion is what was said in the House. The motion is usually contained in the drill sheet, but the Minister may deviate from the supplied text. Ending.

OPB 198


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URGENCY Rt Hon DON McKINNON (Leader of the House): I move, That extraordinary urgency be accorded the introduction and passing of the Customs Amendment Bill (No 2). The reason . . . A party vote was called for on the question, That extraordinary urgency be accorded. Motion agreed to.

Extraordinary urgency (usually for legislation arising out of the Budget). Vote. Ending.

OPB 199


MEMBERS’ BILLS (s.o. 275)

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MEMBERS' BILLS JOHN CARTER (Senior Whip—NZ National): Given that we are likely to get through the four members' bills today, I seek leave for four notices to introduce bills to be drawn in the ballot to be conducted on Thursday, 14 August, and that notwithstanding Standing Order 275(2), the four bills be set down as orders of the day for the second reading, accordingly. Mr SPEAKER: Leave is sought to follow that course. There appears to be no objection. It shall be done.

Leave sought to conduct an extra ballot.

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BUSINESS CARRIED FORWARD

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BUSINESS CARRIED FORWARD Rt Hon DON McKINNON (Leader of the House): I move, That the following business before the House or its committees be carried over from this Parliament at the stage it is at upon the dissolution of this Parliament: Bills— Accident Rehabilitation and Compensation Insurance (Discretion and Redrafting) Amendment Bill Adoption Amendment Bill (No 2) Report of the Electoral Law Committee on the . . . Motion agreed to.

Business carried forward. Motion moved at end of a Parliament that enables unfinished business to be carried over. Shaded text brought in as incorporation. Ending.

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Hon RICHARD PREBBLE (Auckland Central): I move, That the motion be amended by omitting the following item: the Arts Council of New Zealand Bill. We have in front of us . . . ROGER SOWRY (Kapiti): I move, That the motion be amended by omitting the following items: the Environmental Risk Management . . . A party vote was called for on the question, That the motion be amended by omitting the following items: the Environmental Risk Management Authority Commencement Bill and the Productivity Council Bill.

Amendment not agreed to.

A party vote was called for on the question, That the motion be amended by omitting the following item: the Arts Council of New . . .

Amendment agreed to. Motion as amended agreed to.

Amendment moved. Further amendment moved. Vote on second amendment. Ending. Vote on first amendment. Ending. Ending.

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Precedent Manual: Other Languages 16 July 2004

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Rt Hon W F BIRCH (Minister of Finance): I move, That the question be now put. Motion agreed to. Motion to carry over business agreed to.

Ending if closure motion accepted. Ending for closure motion. Ending for primary motion is described.

OTHER LANGUAGES

Members may occasionally speak in a language other than English or Māori, which are official languages. The member is required to provide a transcript of the words spoken. An official translation is not provided. For precedents relating to members who speak in Māori see the MĀORI section.

CONTENTS What appears in yellow.............................................................................................. OTL2 What appears in final Hansard................................................................................... OTL2

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Precedent Manual: Pecuniary Interest 16 July 2004

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With that, I shall express in a Pacific way, in a Pacific language, our farewell.

[member name], please supply text

What appears in yellow. Comment asking member to supply text inserted by Data Collection staff at point that other language is spoken.

With that, I shall express in a Pacific way, in a Pacific language, our farewell. Aveia au ma sui ole mamalu male paia o tagata Pasefika i totonu o Niu Sila, ma le Pasefika e momoli atu ai, i le agaga-faanaoanoa, Alofaaga o tagata Pasefika i le Tamaitai Tupu o Peretania male Duke o Edinburgh, le Aiga Tupu o Peretania, le Aiga faanoanoa o le Perenesese o Wales alo ma fanau, ma le mamalu o tagata l Peretania, aua le valaau paia a le Atua ia Diana le Perenesese o Wales. .

What appears in final Hansard. The compiler removes the comment and inserts the transcription supplied by the member. NB: no brackets around transcription.

PECUNIARY INTEREST (s.o. 164-166)

A member must declare to the House any pecuniary interest that he or she has in any item of business under consideration (s.o. 165). Standing Order 164(1) defines a pecuniary interest as “direct financial benefit that might accrue to a member personally, or to any trust, company or other business entity in which the member holds an appreciable interest, as a result of the outcome of the House's consideration of a particular item of business”. It includes a pecuniary interest held by a member of the member's family as defined in Standing Order 164(2)(a).

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Precedent Manual: Pecuniary Interest 16 July 2004

CONTENTS

Declaration of pecuniary interest ................................................................................PEC2

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Precedent Manual: Personal Explanations 16 July 2004

s DAMIEN O'CONNOR (NZ Labour—West Coast-Tasman): I would just like to make a declaration under Standing Order 165, before we proceed any further with the bill in this House. I have a personal, pecuniary interest in Māori leasehold land. It is in the form of a commitment to subdivide back a portion of a lease that I have sold on. I would just like to state that in the House before any further debate or vote takes place on this bill.

Declaration of pecuniary interest raised by member at start of speech during debate.

PERSONAL EXPLANATIONS

(s.o. 133(g), 343; Speakers’ Rulings pp 116—120)

Standing Order 343 states: “A member may explain matters of a personal nature with the leave of the House. A personal explanation may not be debated.” A member cannot make a personal explanation on behalf of another member. A personal explanation can be made at any time. The member should indicate broadly to the House what the personal explanation is about so that members can decide whether to grant leave. Heading. A personal explanation does not have a heading of its own unless it

comes at the start of a day, is about a matter unrelated to the debate, or occurs between debates (NOT between speakers in the same debate). The heading is “PERSONAL EXPLANATIONS” with the subject matter as the subheading, irrespective of whether leave is granted or declined.

“I raise a point of order, Mr/Madam Speaker/Chairperson.” A member

wanting to make a personal explanation may say: “I raise a point of order, Mr/Madam Speaker/Chairperson.” Those words are always omitted.

“I wish to make a personal explanation.” etc. When a personal explanation has

a heading of its own, it is not necessary to preface the actual explanation with words such as “I wish to make a personal explanation under Standing Order 343.” (see the first example on PEX3). If there is not heading, those words should be included (see the fourth example on PEX3).

Leave granted. A member wanting to make a personal explanation will seek the

leave of the House. If leave is granted, the seeking of leave, the Speaker/Chair’s question, and the Speaker/Chair giving the result are not included in the text (see the first example on PEX3); an exception would be if, for example, a subsequent

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point of order referred to them (see the example on PEX5). However, in omitting the seeking of leave do not lose reference to the subject of the personal explanation (see the third example on PEX3).

Leave declined. If leave is declined, the seeking of leave, the Speaker/Chair’s

question, and the Speaker/Chair giving the result are included in the text. The response of members is omitted. See the examples on PEX6.

Questions. A Minister or member who wishes to correct, clarify, or comment on

an answer that was given to a question dealt with in the House, either earlier that day or on a previous day, will seek leave to make a personal explanation. If leave is sought outside question time, the heading is “AMENDED ANSWERS TO ORAL QUESTIONS” for a Minister amending an answer, and “PERSON EXPLANATIONS” for a member commenting on a question or answer. The subheading is the number and type of question, and the day if the question was asked on a previous day. If leave is sought during question time, there is no heading, and the subheading is “Question No. and Type—Amended Answer” for a Minister amending an answer, and “Question No. and Type—Personal Explanation” for a member commenting on a question or answer.

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CONTENTS LEAVE GRANTED At start of day, unrelated to the debate, or between debates.......................................PEX3 Between speakers in the same debate, about that debate............................................PEX3 By member at end of member's speech ......................................................................PEX3 By member at beginning of member's speech ............................................................PEX4 By more than one member at start of day, unrelated to the debate, or between debates, about same subject ..................................................................................................................PEX4 Between speakers in the same debate, about that debate; seeking of leave included.PEX5 LEAVE DECLINED / RULED OUT OF ORDER At start of day, unrelated to the debate, or between debates.......................................PEX6 By member at end of member's speech.......................................................................PEX6 At start of day, unrelated to the debate, or between debates; ruled out of order ........PEX6 QUESTIONS Minister amends answer to question dealt with on same day during question time...PEX7 Minister amends answer to question dealt with on different day during question timePEX7 Minister amends answer to question dealt with on same day outside question time..PEX7 Minister amends answer to question dealt with on different day outside question timePEX7 Minister amends answer to question dealt with on different day outside question time—leave declined ....................................................................................................PEX8 Member makes explanation during question time, about question asked earlier .......PEX8 Member makes explanation about question, at end of that question ..........................PEX8 Member makes explanation about question on same day outside question time .......PEX8 Member makes explanation about question on different day outside question time..PEX8

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LEAVE GRANTED

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PERSONAL EXPLANATIONS Select Committee Attendance

TREVOR MALLARD (Pencarrow): I raise a point of order, Mr Speaker. I wish to make a personal explanation under Standing Order 343. Mr SPEAKER: Is there any objection? There appears to be none. TREVOR MALLARD: On the last occasion this House considered questions to chairmen of select committees, the chairman of the Local Government and Environment Committee criticised me . . . and therefore I think I should be exempt from criticism for non-attendance.

At start of day, unrelated to the debate, or between debates (not between speakers in the same debate). Omit the shaded words, including the reference to a personal explanation.

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. . . I am very disappointed in the information I have received from the Government and in the papers I have read. The Government has not taken a comprehensive approach to immigration. Hon MAX BRADFORD (Minister of Immigration): I wish to make a personal explanation under Standing Order 343 regarding some of the comments made by the previous speaker. Mr SPEAKER: Is there any objection? There appears to be none. Hon MAX BRADFORD: I want to correct the public record, because I think that if the statement made by the previous member is left unchallenged it will somehow or other suggest that I, as the Minister of Immigration, have been misleading the House. There has been no Cabinet paper, as she asserted there has been . . . DAVID CARTER (NZ National—Banks Peninsula): I thank the Speaker very much for the . . .

Between speakers in the same debate, about that debate. End of a member’s speech. Minister gives a personal explanation. Omit the shaded words. Next speaker.

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. . . I have real doubts about the long-term value of this legislation, but I am prepared to give it my support in the meantime. I wish to make a personal explanation about something the previous member said. Mr SPEAKER:Is there any objection? There appears to be none. DAVID CAYGILL: The member who spoke before me alleged that I had known the composition of the board when I distributed my press statement to the news media. I did not learn of the board's membership until 2 days after the release of that statement.

By member at end of member's speech. Omit the shaded words. The words “I wish to make a personal explanation.” are included.

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RICK BARKER (Hastings): I wish to make a personal explanation under Standing Order 343 about the allegation made about me. Mr SPEAKER: Is there any objection? There appears to be none. RICK BARKER: An allegation was made that I had stated that a watersider in Napier had been killed as a result of the Employment Contracts Act. I say to the member who made that accusation that that is not correct. I want to make it clear that I have never made that allegation so . . . I was very interested in the comments made by the secretary for the bankers union. I would have thought that the member for Tarawera would have a little more knowledge of . . .

By member at beginning of member's speech. Omit the shaded words. The member begins his speech on the matter under debate. The member is not set up again.

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PERSONAL EXPLANATIONS Travel Subsidy

Hon JOHN LUXTON (Minister of Māori Affairs): I seek the leave of the House to make a personal explanation about the accusation that was made about me in relation to a member’s trip. Mr SPEAKER: Is there any objection? There appears to be none. Hon JOHN LUXTON: During the general debate yesterday afternoon—during the discussion on tax avoidance—I was accused of fraudulent deceit, and that the comment I had made that a member of this House had had his travelling subsidised by the New Zealand taxpayer was incorrect. I want to make it clear to honourable members that, based on information from the Office of the Clerk, the trip to which the member for Tauranga referred . . . Hon WINSTON PETERS (Tauranga): I seek the leave of the House to respond to those comments. Mr SPEAKER: Is there any objection? There appears to be none. Hon WINSTON PETERS: I want to make comments in total rebuttal of what this House has just heard. In 1987 I and the then member for Wellington Central, the member for Southern Māori, the then member for Awarua, the then member for Papatoetoe, and an officer of the Clerk's Office were invited to visit France, no doubt as a result . . .

By more than one member at start of day, unrelated to the debate, or between debates, about same subject. Omit the shaded words. Another member seeks to make a personal explanation about the same subject. Omit the shaded words.

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. . . because sadly most times the publicity surrounding the service is negative because of some perceived failure. TAITO PHILLIP FIELD (Otara): I seek the leave of the House to give a personal explanation under Standing Order 343. Peter Hilt: I raise a point of order, Mr Chairperson. The CHAIRPERSON (Jim Gerard): The member sought leave under Standing Order 343 to make a personal explanation. A point of order was called for, which I think was going to explain what the personal explanation was about. It is quite in order to ask what the personal explanation will be about before leave is given. The member may indicate to the House without further ado his reason for seeking leave. TAITO PHILLIP FIELD: I am seeking leave in response to a claim made by the previous speaker accusing me of being a trustee of a particular trust referred to by him. The CHAIRPERSON (Jim Gerard): The member is seeking leave to make a personal explanation under Standing Order 343 regarding his participation or otherwise in a trust that has come into the debate. Hon Roger McClay: I raise a point of order, Mr Chairperson. I want to make it quite clear that I made no such accusation. I indicated to the Minister that I had been given advice today that the member for Otara was a trustee of a particular trust that we have been debating, and I asked the Minister whether he had received that advice. I certainly did not indicate my belief that that is the case. I had been given that information. I did not accuse the member, and I accept his word. The CHAIRPERSON (Jim Gerard): Leave has been sought to make a personal explanation under Standing Order 343, regarding the matter that the member was just talking about. Is there any objection to that course of action being followed? There appears to be none. TAITO PHILLIP FIELD: I want to make the matter quite clear in relation to the previous speaker's comments alleging that I am a trustee of the said trust. I can give the House an absolute assurance that I am not a trustee of the said trust.

Between speakers in the same debate, about that debate; seeking of leave included to make sense of the following points of order and the Chairperson's responses. The Chairperson's question and the result are recorded.

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LEAVE DECLINED / RULED OUT OF ORDER

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PERSONAL EXPLANATIONS Allegations

WINSTON PETERS (Tauranga): I seek leave to make a personal explanation under Standing Order 343. Rt Hon Mike Moore: I have never opposed the granting of leave to anyone to make a personal explanation, but I think it is in order to ask what the explanation is about. WINSTON PETERS: The personal explanation relates to allegations that I made in the House yesterday. Mr SPEAKER: Is there any objection? Hon Member: Yes. Mr SPEAKER: There is objection

At start of day, unrelated to the debate, or between debates. One member objecting denies the member the right to make the explanation. The seeking of leave is recorded. Put what the Speaker says but omit the response of member(s).

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. . . and with that last qualification I conclude my remarks on this matter. I seek leave to make a personal explanation in relation to an allegation made by the previous speaker. Mr SPEAKER: Leave has been sought to make an explanation. Is there any objection? Hon Members: Yes. Mr SPEAKER: There is objection.

By member at end of member's speech. The seeking of leave is recorded. Put what the Speaker says but omit the response of member(s).

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PERSONAL EXPLANATIONS Cartoon

BILL DILLON (Hamilton East): I seek leave to make a personal explanation under Standing Order 343 in relation to the depiction of the member for Whangarei in a Tom Scott cartoon on Friday, 11 August. I introduced the bill to the House. Mr SPEAKER: Is there any objection? There appears to be none. BILL DILLON: That bill is now . . . Mr SPEAKER: I am sorry to interrupt the honourable member, but Standing Order 343 requires an explanation to be personal to the member. A member cannot make a personal explanation when he or she believes that another member has suffered offence from another party. Unless the matter is personal to the member, rather than being a matter that the member is promoting, Standing Order 343 does not allow the explanation to proceed.

At start of day, unrelated to the debate, or between debates; ruled out of order by the Speaker because the matter is not personal (s.o. 343). Leave granted. Member begins his explanation. Speaker rules the explanation out of order.

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Precedent Manual: Points of Order 16 July 2004

QUESTIONS

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Question No. 12 to Minister—Amended Answer Hon JOHN FALLOON (Minister of Racing): I seek leave to make a personal explanation under Standing Order 343 in relation to question No. 12, which I answered in the House today. The TEMPORARY SPEAKER (Peter Hilt): Leave is sought for the Minister to make a personal explanation. Is there any objection to that course of action being followed? There appears to be none. Hon JOHN FALLOON: Very briefly, as I am conscious that I do not want to take the time of the House, during question No. 12, which I answered in the House today, in answer to a question from the member for Northern M~ori I stated that Mr Austin had not . . . I apologise to the House. I certainly did not intend to mislead the member; my memory just was not 100 percent accurate on the issue.

Minister amending answer to question dealt with on same day during question time; leave granted. Omit the shaded words. Underlined portion added to include information conveyed during the seeking of leave.

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Question No. 7 to Minister, 7 September—Amended Answer Hon RUTH RICHARDSON (Minister of Finance): I seek the leave of the House to make a personal explanation about question No. 7 yesterday. Mr SPEAKER: Is there any objection? There appears to be none. Hon RUTH RICHARDSON: Yesterday I replied to question No. 7, concerning the New Zealand Refinery Company . . . the Crown paid approximately $1.25 billion in relation to refinancing the refinery's debt.

Minister amending answer to question dealt with on different day during question time; leave granted. Omit the shaded words. It would be unusual for Mr Speaker to allow question time to be interrupted in this way—the amended answer would take place just after the end of questions.

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AMENDED ANSWERS TO ORAL QUESTIONS Question No. 4 to Minister

Hon GEORGE HAWKINS (Minister of Internal Affairs): I wish to correct a figure that I inadvertently got wrong during oral question No. 4 today. I said that, with the opening of the Hamilton Riverside Casino in September, a further 3,000 casino gaming machines were

Minister amending answer to question dealt with on same day outside question time.

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added. That figure should have been 300. I apologise to the House for interrupting the debate.

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Hon MARGARET WILSON (Minister of Labour): In the course of answering question No. 6 yesterday relating to the appointment process for Susan Bathgate, I stated that I did not know she had warrants for other positions. I did know that, but what I did not know at the time was that she was being paid for each position. I apologise to the House. There was no intention to mislead the House, but I accept that the answer may have done that.

Minister amending answer to question dealt with on different day outside question time.

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Hon JENNY SHIPLEY (Minister of Health): I seek leave to make a personal explanation under Standing Order 343. It concerns an answer to a question that I gave in the House yesterday. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? Hon Members: Yes. Mr SPEAKER: There is objection.

Minister amending answer to question dealt with on different day outside question time; leave declined. The seeking of leave is recorded. Omit the shaded words.

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Question No. 10 to Minister—Personal Explanation Rt Hon WINSTON PETERS (Deputy Prime Minister): I wish to make a personal explanation under Standing Order 343 about an allegation just made by Mr Mallard. In my absence from the House for a few minutes Mr Mallard raised . . .

Member makes explanation during question time, about a question asked earlier.

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Rt Hon W F BIRCH: I can confirm that the assertions . . . I think the member owes it to the House to deny those assertions in Parliament today. Hon David Caygill: I seek leave wish to make a personal explanation in relation to the matters that have been raised in the original question that the Minister has responded to. Mr SPEAKER: Leave has been sought. Is there any objection? There appears to be none. Hon David Caygill: When I became aware . .

Member makes explanation at end of a question, about that question. Omit the shaded words. The underlined word has been added to retain the following words.

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PERSONAL EXPLANATIONS Question No. 10 to Minister

Rt Hon WINSTON PETERS (Deputy Prime Minister): I wish to make a personal explanation under Standing Order 343 about an allegation made by Mr Mallard during his answer to my question earlier today. . .

Member makes explanation about question on same day outside question time.

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PERSONAL EXPLANATIONS Question No. 10 to Minister, 10 August

GRANT GILLON (The Alliance): I wish to make a personal explanation under Standing Order 343. Yesterday I asked a supplementary question after question of the day No. 10, in which I stated that the Ministry of Education had avoided fire levies of $31,000. I have now hadadvice from a broker; in fact, the amount was $279,000. Mr SPEAKER: That was not really a personal statement but was correcting an error. I would ask members to observe that there is another procedure for this.

Member makes explanation about question on different day outside question time.

POINTS OF ORDER (s.o. 84, 133)

A member may raise a point of order at any time, and until the point of order is disposed of by the Speaker/Chair it takes precedence over business then before the House or the Committee (s.o. 84(1)). A member who seeks to raise a point of order must first attract

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the attention of the Speaker/Chair by saying: “I raise a point of order, Mr/Madam Speaker/Chairperson.” If the member is granted the floor, he or she proceeds to make his or her point. The Speaker/Chair will disallow the point of order if it is not valid. If it is valid, he or she may hear any arguments from members before giving a ruling. It is not in order to interject while a point of order is being heard. Once a ruling has been given it must not be questioned, and members may not comment on it. However, members often raise subsequent points of order. “I raise a point of order, Mr/Madam Speaker/Chairperson.” A point of order

is always prefaced by the words “I raise a point of order, Mr/Madam Speaker/Chairperson.” If a member says, for example, “Mr Speaker, I would like to raise a point of order on that matter.”, the transcript should read: “I raise a point of order, Mr Speaker.”

“Speaking to the point of order,”. If a member whose speech has been

interrupted by a point of order speaks to the point of order, his or her remarks are prefaced by the words: “Speaking to the point of order,” to distinguish them from the main speech, and so that time is not taken from the time allocated for that speech. Other members who join in the argument might say “Speaking to the point of order,” but those words are omitted from the transcript; they have no right to be speaking to anything else. See the second example on POO4.

Point of order related to debate. If the point of order interrupts a speech, the

member raising it and members who speak to it are set up in lower case without their designation. If the member whose speech has been interrupted speaks to the point of order, he or she is set up in upper case without a designation, followed by the words “Speaking to the point of order,” (see the previous bullet point). See the first two examples on POO4. If the point of order does not interrupt a speaker, the member who raises it is set up as a new speaker in upper case with his or her designation. Each subsequent speaker to the point of order is set up in the same way. See the third example on POO4. If a debate has concluded and a point of order relating to it is raised immediately, no heading is needed for the point or roder. Members should be set up in upper case with their designation. See the first example on POO 5. If a point of order is raised about the giving of the call, set up the Speaker or Chair giving the call, then set up the member and any other members who raise points of order or speak to them. See the first example on POO 6.

Point of order unrelated to debate or raised at beginning of day or between

debates. The heading is “POINTS OF ORDER” with the subject as the subheading. If a point of order raised within a debate is unrelated to that debate, the debate is interrupted and the heading “POINTS OF ORDER” is inserted; at

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the conclusion of the point of order, the debate is headed up again, followed by the words “Debate resumed.” See the examples on POO7.

Consecutive points of order. When several points of order occur one after the

other, be aware of when one ends—i.e, the Speaker makes a ruling or simply calls the next member—and the next one begins. It may affect how members are set up, whether the words “Speaking to the point of order,” are included, and so on.

Standing Orders and Speakers’ Rulings. When a point of order is being dealt

with, the Speaker/Chair and members might quote from the Standing Orders and Speakers’ Rulings. Check such references to make sure the wording is correct.

Speaker/Chair does not rule. The Speaker/Chair might, instead of ruling on a

point of order that has been raised, simply call the next member. Point of order raised during procedural matters—for example, a vote.

Editorial comments in italics are included if a point of order is raised relating to matters that are usually not reported, such as an announcement of an appropriation of money. See the examples on POO9-10.

Point of order raised during question time, about a question or questions in

general. If a point of order interrupts a question or answer (and is about that question or answer), there is no heading. The member raising it and following speakers, except the Minister/member answering the question, are set up in lower case. See the first example on POO11. Occasionally a point of order is raised at the end of one question (after the supplementary questions and answers have been concluded) and before the next question. If the point of order relates to the question just dealt with, no heading is necessary. Points of order about questions dealt with earlier, or that have yet to be asked, are headed up with the question number and the type of question. See the second example on POO11. A point of order may also be raised when a question has been called but not started. The member raising the point of order is set up in upper case with his or her designation, followed by: “I raise a point of order, Mr/Madam Speaker.” See the third example on POO11. If a point of order is raised about a general matter to do with questions, the subheading “Question Time” is used. The member raising the point of order is set up in upper case with his or her designation, as are any members who speak to it. See POO12.

Tabling of documents. Members often say “I raise a point of order, Mr/Madam

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Speaker/Chairperson.” before seeking leave to table a document. If leave is granted, those words must be omitted from the text. When seeking leave to table a document unrelated to the debate, or to table a document between debates, the heading is “TABLING OF DOCUMENTS”, the subheading is the subject, and the words “I raise a point of order, Mr/Madam Speaker/Chairperson.” are omitted. See the examples on POO13 and the TABLING OF DOCUMENTS section.

Leave declined to move a motion. If leave to move a motion is declined, the

heading is “POINTS OF ORDER” with the subheading as the subject matter. The words “I raise a point of order, Mr/Madam Speaker/Chairperson.” must be included. See the examples on MT4 and MT6.

Point of order incorrectly raised. Members might say “I raise a point of order,

Mr/Madam Speaker/Chairperson.” before seeking leave, making a personal explanation, or raising a point of misrepresentation. Those words are omitted from the text. See the first two examples on POO14. The exception is when a member is denied leave to table a document unrelated to the debate, or between debates—see the previous bullet point. Occasionally a point of order that has been incorrectly raised is reported in the point of order format because of subsequent references to it. See the third and fourth examples on POO14.

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CONTENTS POINT OF ORDER RELATED TO THE DEBATE About a member's speech, made during that speech.................................................. POO4 About a member's speech, responded to by member who was speaking................... POO4 Raised at end of speech.............................................................................................. POO4 Raised at end of debate .............................................................................................. POO5 Raised by member who has the call, as a result of interjections................................ POO5 Raised by member who has the call, to request that he or she be heard in silence.... POO5 Raised by member who subsequently gets the call.................................................... POO5 Raised after the call by member who has not got the call, about the call .................. POO6 Raised by member who previously had the call ........................................................ POO6 POINT OF ORDER UNRELATED TO THE DEBATE OR RAISED BETWEEN DEBATES On unrelated subject raised within debate ................................................................. POO7 On unrelated subject raised at end of debate ............................................................. POO7 More than one point of order on same subject........................................................... POO8 POINT OF ORDER RAISED DURING PROCEDURAL MATTER Raised after presentation of paper.............................................................................. POO9 About presentation of petition ................................................................................... POO9 About motion to refer bill to select committee .......................................................... POO9 At any point during vote .......................................................................................... POO10 Raised after vote ...................................................................................................... POO10 About messages from Governor-General ................................................................ POO10 POINT OF ORDER RAISED DURING QUESTION TIME About question being dealt with .............................................................................. POO11 Raised after (or before) question has been dealt with, but during question time..... POO11 Raised after question has been called ...................................................................... POO11 On a general matter to do with questions................................................................. POO12 TABLING OF DOCUMENT(S) Document tabled ...................................................................................................... POO13 Leave sought outside debate to table document ...................................................... POO13 Minister tables official document under s.o. 361........................................... QUE10; TD4 POINTS OF ORDER INCORRECTLY RAISED To seek leave to make a personal explanation......................................................... POO14 To seek leave to vary order of business ................................................................... POO14 But reported in that format because of subsequent references to it ......................... POO14 But reported in that format because of subsequent reference to it........................... POO14

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POINTS OF ORDER RELATED TO THE DEBATE

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. . Just because a few unionists came up with a delegate from the floor, the member from Invercargill, and rattled his dags a little and asked him to be on their side, Opposition members go right back to a protectionist state. Judy Keall: I raise a point of order, Mr Chairperson. I thought that this debate was supposed to be about the 1993-94 year. The Minister still has not come to the point. I would like you to bring him back to the 1993-94 year, which my colleague was speaking about. Roger Sowry: I listened very carefully to the speech made by the member for Invercargill, and he certainly wandered well outside the 1993-94 year, particularly when he was referring to the Fire Service review. The Minister started his speech by referring to that matter, and I think it is only fair that he should be given an opportunity at least to rebut comments made by the member for Invercargill. Richard Northey: In the financial review report there is a large section on the restructuring of the Fire Service. Savings of— The CHAIRPERSON (Jim Gerard): We are not hearing a point of order about what was said by the member for Invercargill; we are hearing a point of order dealing with objection to what the Minister is saying. I do not think the Minister strayed too far outside what could be termed a reasonable reply. He has been speaking for 1 minute and 14 seconds, and he might consider that he has covered that matter well enough. Hon WARREN COOPER: What a sad fellow! He will be over there for a long time. It must be very sad to be an honourable member of the Opposition. I think it was reasonable of the . . .

Point of order about a member's speech, made during that speech. Point of order raised. Another member speaks to the point of order. Yet another member speaks to the point of order. Chairperson rules. The member who was speaking resumes his speech.

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. . . Treasury was unable to answer the question that Ministers of the Crown must now answer. Larry Sutherland: I raise a point of order, Mr Speaker. While the member is correct in saying that the select committee discussions were held . . . Hon RUTH RICHARDSON: Speaking to the point of order, Mr Speaker, I should say that I was present . . .

Point of order about a member's speech, responded to by member who was speaking. The member's response begins with the words “Speaking to the point of order,” to distinguish it from the main speech, and so that time is not taken from the time allocated for that speech.

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Mr SPEAKER: I call the Hon Lianne Dalziel. Hon WINSTON PETERS (Tauranga): I raise a point of order, Madam Speaker. The system that operates here on Wednesdays for the general debate is that the Labour Party . . . JOHN CARTER (Senior Government Whip): The member's memory seems to be at fault in that the agreement was as was arranged between myself, the member, and others who . . . Mr SPEAKER: I do not need any further advice, because when the Speaker left the Chair he informed me of . . . I call now the Hon Lianne Dalziel.

Point of order raised at end of speech. Member set up with designation. Members who speak to the point of order are also set up with their designations. Speaker rules. Omit shaded words.

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. . . I listened to the point of order because I was seeking clarification on whether I had declared the motion carried before objection was made. I had made that declaration and therefore the motion is carried. Bill read a third time. WINSTON PETERS (Tauranga): I raise a point of order, Mr Speaker. If your ruling was correct, why did you ask whether a vote was called for? Mr SPEAKER: I explained that. I was unclear . . .

Point of order raised at end of debate. Ending. NB: no heading Point of order raised. Speaker rules.

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. . . sets its own business in a bipartisan way, and has always done so. Geoff Braybrooke: Pontius Pilate. George Hawkins: Tell the truth. ROGER SOWRY: I raise a point of order, Mr Speaker. The member for Manurewa, I think, made an interjection that was unparliamentary, and I ask for it to be withdrawn before I finish my answer. Mr SPEAKER: I am not sure which member used it, but it has been ruled many times that the term Pontius Pilate is unparliamentary, and whoever used it ought to withdraw. Geoff Braybrooke: I apologise. ROGER SOWRY: The member for Napier might like to know that the committee has made a list of petitions that members . . .

Point of order raised by member who has the call, as result of interjections. Point of order raised. Speaker rules. Member resumes his answer.

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. . . to understand the real issues. I raise a point of order, Mr Speaker. May I be heard in silence? Mr SPEAKER: Members have the right to be heard in silence. Hon JENNY SHIPLEY: Thank you, Mr Speaker. I think it is time we all took a good long . . .

Point of order raised by member who has the call, to request that he or she be heard in silence. Member resumes her speech.

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. . . to deal with the problems that we have. ROGER SOWRY (Junior Government Whip): I move, That the question be now put. Mr SPEAKER: The issues have been more than adequately covered. We have been going now for 1 hour 20 minutes. I think that I could reasonably put the question. MARK BURTON (Tongariro): I raise a point of order, Mr Speaker. As a person who has participated throughout the Committee stage and who has major Department of Justice institutions in his electorate, I would seek your consideration. Mr SPEAKER: I grant my consideration on the condition that the member has something new to say. MARK BURTON (Tongariro): We have heard many, many interesting contributions in the last hour, some of . . .

Point of order raised by member who subsequently gets the call. Point of order raised. Member set up with designation because point of order does not interrupt a member's speech. Speaker rules on point of order. Member gets the call. Set up with designation. Hansard, Volume 545, at page 5142.

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but we are in favour of . . . Mr SPEAKER: I am sorry to interrupt the member but her time has expired. I call Jill White. SANDRA LEE (Auckland Central): I raise a point of order, Mr Speaker. You have called several . . . I therefore believe that under Standing Orders and under your rulings I am entitled to speak next. Mr SPEAKER: I understand that the member is anxious to make a contribution, and I will try to ensure she gets an opportunity, but the only other member of her party has spoken, and there are many more members of the official Opposition. JILL WHITE (Manawatu): I too oppose the second reading of the Overseas Investment Amendment Bill. I would like . . .

Point of order raised after the call by member who has not got the call, about the call. Speaker rules. Member who has the call starts speech.

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Hon WINSTON PETERS (Tauranga): I am searching for any good reason that the House should support this . . . Mr SPEAKER: The time for this debate has expired. The question is that the bill be read a third time. Hon WINSTON PETERS (Tauranga): I raise a point of order, Mr Speaker. Why are you curtailing the normal time for a third reading debate? Mr SPEAKER: Had the member been in the House he would— Hon WINSTON PETERS: No, I do not have to be in the House. I can listen to the radio and hear just what is going on. Mr SPEAKER: The House has already resolved that this debate will close at 10.30 p.m. and that all questions will be put following that.


Point of order raised by member who previously had the call. Member set up again with designation. Ending. Hansard, Volume 546, at page 5895.

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POINTS OF ORDER UNRELATED TO DEBATE OR RAISED BETWEEN DEBATES

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. . . much more difficult position of people above that level. Debate interrupted.

POINTS OF ORDER Members' Absence from Chamber

ELIZABETH TENNET (Junior Opposition Whip): I raise a point of order, Mr Speaker. Can I take the opportunity to raise a point of order under Standing Order 37 concerning . . . Mr SPEAKER: I have no idea whether Opposition members were wearing shorts and jandals at the beach or whether myself . . .

TAXATION REFORM BILL Second Reading

Debate resumed. GRAHAM KELLY (Porirua): I shall talk briefly about . . .

Point of order on unrelated subject raised within debate. The debate must be interrupted and the point of order must have a heading. Speaker rules. After the point of order has been dealt with, the matter being debated is headed up again and the debate is resumed.

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Motion agreed to.

POINTS OF ORDER Cameron Campion

Hon WINSTON PETERS (Tauranga): I raise a point of order, Mr Speaker, to say that a former colleague of ours, Cam Campion, as people in this House and others know, has been very ill. I thought it might behove this House to wish him and his family all the best for Christmas. Hon PAUL EAST (Attorney-General): I am sure that all colleagues—some of us are aware of Cam's state of health—would want to join in the wishes expressed by the member for Tauranga and to express to Cam and his family our heartfelt best wishes for Christmas. Rt Hon HELEN CLARK (Leader of the Opposition): Speaking on behalf of Labour members, I totally endorse the comments made by the member for Tauranga. Mr SPEAKER: I am sure that will be done.

Point of order on unrelated subject raised at end of debate. Heading required. The member making the point of order is set up with his or her designation. Members who subsequently speak to the point of order are also set up with their designations.

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POINTS OF ORDER Watercare Services

GEORGE HAWKINS (Manurewa): I raise a point of order, Mr Speaker. Is the Minister of Local Government going to make a statement to the House about Watercare Services, whose board is about to be fired by Bruce Jesson? Mr DEPUTY SPEAKER: That is not a point of order. Rt Hon JONATHAN HUNT (New Lynn): I raise a point of order, Mr Speaker. I know you are a Christchurch member, but, with greatest respect, when the— Mr DEPUTY SPEAKER: Neither of those two matters are points of order.

More than one point of order on same subject.

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POINTS OF ORDER RAISED DURING PROCEDURAL MATTER

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POINTS OF ORDER Presence of Former Members in the House

Mr Speaker laid on the Table the annual report of the Association of Former Members of Parliament of New Zealand for the year ended 31 December 1992. Rt Hon DON McKINNON (Leader of the House): I raise a point of order, Mr Speaker. In moving that the paper be printed, I think it is only right to draw to the attention of the House that many of our former colleagues are present in Parliament today. Mr SPEAKER: There is no need for a motion for the paper to be printed. However, I am pleased . . . JONATHAN HUNT (Senior Opposition Whip): I raise a point of order, Mr Speaker. I wonder whether you could . . .

Points of order raised after presentation of paper, which is not normally recorded. Delete member set up from poo pro forma.

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POINTS OF ORDER Presentation of Petitions

The Clerk read petitions for presentation. Hon Dr LOCKWOOD SMITH (Minister of Education): I raise a point of order, Mr Speaker. I ask you to inquire whether two of the petitions that have been presented were . . . Mr SPEAKER: I will make inquiries into the matter that the Minister has raised.

Point of order raised about presentation of petition, which is not normally recorded.

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Bill read a first time. Hon ROB STOREY (Minister of Transport): I move, That the Transport Law Reform Bill be referred to the Government Administration Committee. GEOFF BRAYBROOKE (Napier): I raise a point of order, Mr Speaker. I ask the Minister why he is sending . . . Hon ROB STOREY (Minister of Transport): The bill has . . . Motion agreed to.

Point of order about motion to refer bill to select committee, which is not normally recorded. Point of order raised. The Speaker does not make a ruling, instead calling the next member. Ending.

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A party vote was called for on the question that the Fiscally Responsible Ministerial Accommodations Bill be now read a second time. Hon RICHARD PREBBLE (Leader—ACT NZ): I raise a point of order, Mr Speaker. I would like to put this to you and, through you, to the junior Government whip. I want an assurance from the whip that he still has the vote of . . . Mr SPEAKER: That is the basis upon which the House does and will proceed. A party vote was called for on the question, That the Fiscally Responsible Ministerial Accommodations Bill be now read a second time. Motion not agreed to.

Point of order raised at any point during vote. Vote. Ending.

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VOTING Point of Order—Labour Party Vote

Hon RICHARD PREBBLE (Leader—ACT NZ): I raise a point of order, Mr Speaker. The Labour Party vote was given as 52 but I note that the Prime Minister is not in the House. Hon MICHAEL CULLEN (Leader of the House): The Prime Minister has leave to vote. If the member had been in the House, he would have . . .

Point of order raised after vote.

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POINTS OF ORDER Messages from Governor-General

Mr Speaker read to the House messages from the Governor-General recommending appropriations for various bills. Hon Dr MICHAEL CULLEN (St Kilda): I raise a point of order, Mr Speaker, under Standing Order 84. Many people . . . Mr SPEAKER: Yes, that point is correctly taken. If the member did not rise he ought to have done so. While

Point of order raised about messages from Governor-General, which are not normally recorded. The Speaker's response.

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nothing further will be done about it at this stage I will take closer note next time.

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POINTS OF ORDER RAISED DURING QUESTION TIME

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Rt Hon J B BOLGER (Prime Minister): It is clear that, on the evidence, no convention that all Government advertising stops during an election campaign exists. Rt Hon Mike Moore: I raise a point of order, Mr Speaker. I ask the Prime Minister to table all the documents so that we can analyse them. Mr SPEAKER: The Prime Minister will determine for himself whether he seeks leave to table a document. Rt Hon J B BOLGER: During a debate in the House on 9 September it was alleged that. . .

About question being dealt with. Point of order raised. Minister answering question resumes.

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Question No. 5 to Minister Hon WINSTON PETERS (Tauranga): I raise a point of order, Mr Speaker. I seek your clarification and advice on this matter. It relates to question No. 5, but more particularly . . . Mr SPEAKER: The member is quite correct, although the former Controller and Auditor-General is not an officer of Parliament at present. The report has now been completed and I expect to present it to Parliament in the near future.

Wairarapa Crown Health Enterprise 9. LIANNE DALZIEL (Christchurch Central) to the Minister of Health: Why does she insist . . .

Raised after (or before) question has been dealt with, but during question time. Heading contains number and type of question. Speaker rules. Next question is brought in as an incorporation—the qsh pro forma can also be used.

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Question No. 4 to Minister Rt Hon HELEN CLARK (Leader of the Opposition): I raise a point of order, Mr Speaker. I note that the question has been accepted for answer . . . Mr SPEAKER: I am the one who rules about this.

Balance of Payments 4. GEOFF BRAYBROOKE (Napier) to the Minister of Finance: When will the Minister be releasing the figures . . .

Raised after question has been called. After the point of order has been dealt with, the question is brought in as an incorporation—the qsh pro forma can also be used..

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. . . a matter of its being a very problematic piece of roading that will need some technical solutions.

Question Time JOHN CARTER (Senior Whip—NZ National): I raise a point of order, Mr Speaker. With regard to the last question, the member for New Plymouth raised a point of order relating to the way the Minister answered her question and to some of the details. I raise this point of order not just in the context of the last question today, but because the practice is starting to happen in the House whereby . . .

On a general matter to do with questions. The subheading “Question Time” is used because although the member initially refers to a specific question, he then makes clear that he is referring to a wider issue.

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TABLING OF DOCUMENTS

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. . . files on the Bank of New Zealand. The Government promises an inquiry, and I am asking for delivery of that promise. I raise a point of order, Mr Speaker. I seek leave to table documents 1 to 9 that were mentioned in my address today. They are the wiring documents and the searches of the Dutch registry in Amsterdam. Mr SPEAKER: Is there any objection to that course of action. There appears to be none. Documents, by leave, laid on the Table of the House.

Document tabled during debate. Member may say “I raise a point of order, Mr/Madam Speaker/Chairperson.”, but those words are not recorded. Omit the shaded words.

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NICK SMITH (Tasman): I seek the leave of the House to table documents regarding attempts by Apple Fields Ltd of Christchurch to sabotage commercially New Zealand's exports to the United States. I think the documents would be of much interest to members of this House. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? Hon Member: Yes. Mr SPEAKER: There appears to be objection.

Leave sought outside debate to table document. The heading is “TABLING OF DOCUMENTS”, the subheading is the subject, and the words “I raise a point of order, Mr/Madam Speaker/Chairperson.” are omitted. The heading is the same whether leave is granted or declined. Put what the Speaker says but omit the response of member(s).

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Precedent Manual: Privilege 16 July 2004

POINTS OF ORDER INCORRECTLY RAISED

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TREVOR MALLARD (Pencarrow): I raise a point of order, Mr Speaker. I wish to make a personal explanation under Standing Order 343. Mr SPEAKER: Is there any objection? There appears to be none. TREVOR MALLARD: I wish to make a personal explanation under Standing Order 343. On the last occasion this House considered questions to chairmen of select committees . . .

To seek leave to make a personal explanation. Omit the shaded words. See the PERSONAL EXPLANATIONS section for further examples.

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TREVOR MALLARD (Pencarrow): I raise a point of order, Mr Speaker. I seek the leave of the House for members to bypass the Committee stage of the bill, then to take the third reading forthwith.

To seek leave to vary order of business. Omit the shaded words. See OPB8.

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MARITIME TRANSPORT BILL Recommittal

Rt Hon JONATHAN HUNT (Senior Opposition Whip): I raise a point of order, Mr Speaker. I move, That the order of the day for the third reading of the Maritime Transport Bill be discharged, and that the bill be recommitted. Hon Maurice Williamson: The member can't do that on a point of order. Rt Hon JONATHAN HUNT: Oh yes, I can. The Minister does not know the Standing Orders. I make one last appeal to the Government and to back-bench members . . . Roger Sowry: Speaking to the point of order— Mr SPEAKER: No, it is not a point of order. The senior Opposition whip used a point of order to seek my attention.

But reported in that format because of subsequent references to it. Usually, the words “I raise a point of order, Mr/Madam Speaker/Chairperson.” would be omitted.

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Question No. 6 to Minister GEOFF BRAYBROOKE: I raise a point of order, Mr Speaker. Based on one of your earlier requests of this year, I seek the leave of the House that this question be withdrawn. The answers have already been given in both the Dominion and the Evening Post. Mr SPEAKER: That is not a question of order. Leave is sought for that purpose. Is there any objection? There is objection.

But reported in that format because of subsequent reference to it. Usually, the words “I raise a point of order, Mr/Madam Speaker.” would be omitted.

PRIVILEGE

(s.o. 63(1)(5), 386-397, Speakers’ Rulings pp. 157-165)

The House of Representatives has certain freedoms, known as privileges. In particular, members cannot be held liable in a court of law for words uttered by them during parliamentary proceedings, and such words cannot be called into question in any court proceedings. The Privileges Committee is appointed by the House at the commencement of each Parliament, to consider and report to the House on any privilege matters referred to it by the House (see s.o. 386). It does not have the power to initiate inquiries. Privilege matters arise in Hansard when a member (or members) raises a suspected infringement of privilege, or when other matters relating to parliamentary privilege are raised. Other matters relating to privilege may be the subject of a notice of motion, a motion without notice (see the first example on PRV5), or a petition. Alleged breach of privilege. Members must put in writing allegations that a

breach of privilege has occurred and deliver them to the Speaker at the earliest opportunity (s.o. 387(1)) for him to determine whether any breach of privilege is involved (s.o. 389). If the Speaker finds that no question of privilege is involved, he informs in writing the member who raised the matter. If the Speaker determines that a question of privilege is involved, he reports to the House—normally after prayers—and the matter stands automatically referred to the Privileges Committee (see s.o. 392).

Heading. The description used in the heading when a matter of privilege is first

raised in the House must also be used when the House considers the report of the Privileges Committee on it, or other reference is made to it in the House. This is necessary to ensure continuity in the index. It is especially important as privilege

PRV 237


matters have been known to take literally years to resolve, and may come to involve matters wider than the original alleged breach. An exception would be if the focus changed considerably; see the first example on PRV5.

Reports of the Privileges Committee. Reports of the Privileges Committee are

set down for consideration as general business (s.o. 249(1)(a) and 63(1)(5)). The 90-day restriction does not apply (s.o. 251(1)). In the absence of the chairperson, any member of the committee may move that the House take note of the report. In agreeing to the motion the House adopts the findings of the Privileges Committee as its own. It accordingly may find a person to be in contempt or not be in contempt, and impose any punishment recommended in the report.

Strangers. A matter of privilege relating to the conduct of strangers present may

be raised forthwith (s.o. 387(3)).

PRV 238


CONTENTS Speaker refers matter raised by member to the Privileges Committee ...................... PVR3 Consideration of report of the Privileges Committee on above matter ..................... PRV3 Matter raised by the Speaker is referred to the Privileges Committee ...................... PRV3 Speaker refers matter raised by member to the Privileges Committee ...................... PRV4 Above matter raised in House again .......................................................................... PRV4 Interim report of the Privileges Committee on above matter .................................... PRV4 Interim report of the Privileges Committee ............................................................... PRV4 Motion without notice re recommendations of the Privileges Committee on above matterPRV5 Privilege matter raised during seeking of leave......................................................... PRV6 Above matter raised in House again .......................................................................... PRV6 Consideration of report of the Privileges Committee on above matter ..................... PRV6 Point of order about a possible referral ..................................................................... PRV7

PRV 239


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PRIVILEGE Cushing v Peters

Mr SPEAKER: I have received from the member for Tauranga a memorandum dated 23 May in which the member suggests that it may be necessary for the Privileges Committee to take the same steps in respect of a defamation action in which the member is involved as it did in the case of Prebble v Television New Zealand Ltd. In the defamation action in which the member is involved Cushing v Peters the plaintiff wishes to adduce evidence from a debate in the House to prove that an allegedly defamatory statement made by the member outside the House referred to the plaintiff . . . I have confirmed that the member for Tauranga is raising a matter of privilege, and I consider that it should be considered by the Privileges Committee. Consequently, I have determined that a question of privilege is involved in respect of the action Cushing v Peters at the District Court in Wellington No. NP1340/92. The question therefore stands referred to the Privileges Committee.

Speaker refers matter raised by member to the Privileges Committee. NB: not headed “SPEAKER'S STATEMENT”. Apply italics to subheading in text—not formatted in pro forma. Referral.

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PRIVILEGE Cushing v Peters

Consideration of Report of Privileges Committee Hon PAUL EAST (Attorney-General): I move, That the House take note of the report of the Privileges Committee on the question of privilege referred on 11 June 1996. Mr Speaker, the House will recall that you ruled there was a matter of privilege . . . A party vote was called for on the question, That the House take note of the report of the Privileges Committee on the question of privilege referred on 11 June 1996. Motion agreed to.

Consideration of report of the Privileges Committee on above matter. The same heading is used. Apply italics to subheading in text—not formatted in pro forma. Vote. Ending.

PRV 240


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PRIVILEGE Porirua Electorate

Mr SPEAKER: There is a matter in which I am personally involved that the House should consider. In order for the House to do so I ask the Deputy Speaker to take the chair until the matter is resolved. Mr DEPUTY SPEAKER: The Speaker has raised as a matter of privilege an article published in Te Awa-iti of Friday, 5 July 1985, headed “Porirua still represented.” . . . Hon GEOFFREY PALMER (Leader of the House): I move, That the question of privilege ruled on by the Deputy Speaker be referred to the Privileges Committee. Motion agreed to.

Matter raised by the Speaker is referred to the Privileges Committee—unusual. Leader of the House moves matter be referred to the Privileges Committee. Ending.

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PRIVILEGE References to Debate—Court Action

Mr SPEAKER: I have a received a letter from the member for Auckland Central raising as a matter of privilege references to debates in this House contained in a statement of defence lodged in a defamation action that he is involved in. The member alleges that such references question proceedings in Parliament in terms of article 9 of the Bill of Rights 1688 and that they are thereby unlawful and a contempt of this House. I am aware that the matter relates to a case pending adjudication in court and that the admissibility of the statement of defence has yet to be argued before the court. Nevertheless, I feel that the matter is of sufficient importance to warrant examination by the Privileges Committee so that it can form a view on the issue and make whatever recommendations to the House that it sees fit. I therefore determine that a question of privilege is involved in the inclusion of references to debates in this House in an amended statement of defence dated 12 February 1992 filed in an action in the High Court of New Zealand, Auckland Registry No. 785/90. The question stands referred to the Privileges Committee.

Speaker refers matter raised by member to the Privileges Committee. Referral. Hansard, Volume 522, at page 6690.

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Hon PAUL EAST (Attorney-General): I seek the leave of the House for counsel to appear as amici curiae in the case of Prebble v. Television New Zealand Limited to address the court on issues of parliamentary privilege. I shall outine these issues to my learned friends. Mr Speaker, you will recall that you referred an issue to the Privileges Committee some months ago regarding the fact that, during the civil proceedings that I have outlined, the defendants in that particular case had presented in their pleadings extracts from debates of Parliament. The trial judge who is sitting on this matter has invited the Clerk of the House to present the view of Parliament with regard to the issue of parliamentary privilege and the extension of that privilege, inasmuch as it may conflict with the proceedings that are before him, as they disclose the proceedings of the House . . . Mr SPEAKER: I take it that there is no objection to that course of action being followed and leave being granted? There appears to be none.

Above matter raised in House again. The same heading is used. Hansard, Volume 525, at page 8814.

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Interim Report of Privileges Committee Rt Hon D A M GRAHAM (Attorney-General): I am directed to present the interim report of the Privileges Committee on a question . . .

Interim report of the Privileges Committee on above matter. The same heading is used. NB: “interim report” Hansard, Volume 536, at page 15960.

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PRIVILEGE Buchanan v.Jennings

Consideration of Interim Report of Privileges Committee Rt Hon D A M GRAHAM (Attorney-General): I move, That the House take note of the interim report of the Privileges Committee on the question of privilege referred on 21 July 1998 concerning the action Buchanan v Jennings. This is a very short interim report that follows the. . . Motion agreed to.

Interim report of the Privileges Committee . Apply italics to subheading in text—not formatted in pro forma. Ending.

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PRIVILEGE Compliance with Bill Of Rights 1688 and Attorney-General—Court

Appearance Hon PAUL EAST (Attorney-General): I seek leave to move without notice a motion relating to article 9 of the Bill of Rights 1688. I move, That, (1) It is not competent for the House to waive, or otherwise absolve anyone from compliance with, article 9 of the Bill of Rights 1688; and, (2) That the Attorney-General, and such other counsel as the attorney consider appropriate, be authorised to appear in such of the proceedings as he thinks fit in the action between the member for Auckland Central and Television New Zealand Ltd, to present submissions to the court on any aspect of the law relating to the House of Representatives as may be appropriate. The motion is designed to give effect to the recommendations contained in the interim report of the Privileges Committee that was tabled on Tuesday this . . . Motion agreed to.

Motion without notice re recommendations of the Privileges Committee on the above matter. NB: heading changed to reflect change in focus—unusual. Ending. Hansard, Volume 536, at page 16191.

PRV 244


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MINISTERIAL STATEMENT Cook Islands Tax Haven

WYATT CREECH (Minister of Revenue): I wish to make a ministerial statement under Standing Order 133. As all . . . Hon WINSTON PETERS (Tauranga): I seek leave to ask this House whether the documents presented in the wine box can be printed by this House so that the news media may have a copy of them. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? Rt Hon J B Bolger: What . . . Mr SPEAKER: I do not think we need to continue the debate any longer. I think it is a matter about which there clearly will need to be some further discussion, and it had just been suggested to me that the Privileges Committee might like, at some future stage and in calm and quiet to consider the matter in full. That can be done by leave of the House, and I would suggest that leave for the Privileges Committee to consider the issue be granted by the House. There is leave for that? The matter will be attended to. By leave, the question of the printing of the documents was referred to the Privileges Committee.

Privilege matter raised during seeking of leave to have documents printed, following a ministerial statement. NB: heading. Speaker suggests matter be referred to Privileges Committee. No objection. Matter referred to Privileges Committee. Hansard, Volume 540, at page 1196.

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PRIVILEGE Cook Islands Tax Haven—Release of Documents

Rt Hon DON McKINNON (Acting Prime Minister): I think I should inform the House that I have had discussions with the Leader of the Opposition about the matters that were raised earlier in the House concerning “the wine box”, and I wish to report to the House that I will be asking my colleague the Attorney-General to—[Interruption] We will be convening a meeting of the Privileges Committee at 5.30 this evening for the election of officers and a preliminary discussion about the matters.

Above matter raised in House again. The same heading, minus the reference to a ministerial statement, is used, with the addition of words describing the particular issue involved. Hansard, Volume 540, at page 1369.

PRV 245


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PRIVILEGE Cook Islands Tax Haven—Release of Documents Consideration of Report of Privileges Committee

Hon D A M GRAHAM (Minister of Justice): I move, That the House take note of the report of the Privileges Committee on the question of privilege referred on 31 May 1994. It concerns the printing of the documents tabled by the member for Tauranga . . . Motion agreed to.

Consideration of report of the Privileges Committee on above matter. The same heading is used. Ending.

QUE 246

Precedent Manual: Questions 16 July 2004

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POINTS OF ORDER Referral to Privileges Committee

Hon RICHARD PREBBLE (Leader—ACT NZ): I raise a point of order, Mr Speaker. I wish to advise the House, because I think members will appreciate the notice, that I have tabled a motion that will come up tomorrow. I will be seeking leave for a motion to refer the allegations made by Mr Anderton in the House yesterday to the Privileges Committee and for the committee to have the power to act. Mr SPEAKER: Is the member seeking leave for that? Hon RICHARD PREBBLE: No, I will do so tomorrow. Mr SPEAKER: That is what I thought.

Point of order about a possible case of privilege.

QUESTIONS (s.o. 362-372; Speakers’ Rulings pp 129-149)

Members may address oral questions or written questions to Ministers or certain members. Questions are asked during general business (s.o. 63) following the announcement of bills for introduction. They appear in Hansard. Notice of questions is required (s.o. 365(1)). In the case of oral questions, the member asking the question fills out a printed form (green), signs it, and delivers it to the Clerk between 10 a.m and 10.30 a.m. that day (s.o. 365(1)(b)). They are displayed on the website of the Office of the Clerk. Notice of written questions must be given no later than 10.30 a.m. on any working day (s.o. 366). They are published in the Notice Paper for that day, and the replies are published in the replies supplement (green). Recent copies are available in the Technical section. QUESTIONS FOR ORAL ANSWER Questions to Ministers. Twelve questions to Ministers for oral answer may be

accepted. The House deals with all the questions lodged that day. Only the Minister or Associate Minister of whom the question is asked can answer in his or her own right. Parliamentary Under-Secretaries and other Ministers answer on behalf of the Minister to whom the question was addressed. Treat with care all answers given on behalf of another Minister. Change obviously incorrect references to the first person.

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If a Minister is out of the country and an Acting Minister is in charge of a portfolio, the Acting Minister can answer in his or her own right. Do not insert “on behalf of . . .” The Cabinet Office list of Ministers acting should be checked.

Urgent questions (s.o. 372)are designed to cater for those situations that need to

be dealt with by an immediate question and reply in the House, and for which the normal periods of notice are inappropriate. The Speaker decides whether a proposed urgent question should be allowed to be asked. A copy of the question must have been given to the Minister to whom the question is addressed before it is asked, and a copy given to the Clerk. Urgent questions are dealt with immediately after questions of the day have concluded. The member asking the question may ask one supplementary question.

Questions to members. Standing Order 363, “Questions to other members”,

states: “(1) Questions may be put to a member (not being a Minister or the Speaker) relating to any bill, motion or public matter connected with the business of the House, of which the member has charge . . . (3) Questions to other members are dealt with following questions addressed to Ministers and urgent questions.” A member cannot answer on behalf of the person to whom the question was addressed. (See Speaker’s ruling 143/7). An acting chairperson appointed by a select committee may answer a question addressed to the chairperson of that select committee.

EDITING DURING QUESTION TIME Editing guidelines. The general principles set out in Section A9.1 of the Style

File are to be followed, although question time differs from debates. When judgment is exercised to omit material in questions, Data Collection staff should use the “insert comment” function to inform subeditors.

Interjections, theoretically, are not permitted during question time (Speaker’s

ruling 140/7). If they are responded to they are included. It is not the role of Hansard to determine what is in order. Judgment may be required if the response to an interjection is more akin to a private remark. See F8.1 of the Style File.

Private remarks totally unrelated to a question and not connected in any way to

the proceedings that follow can be omitted, eg a remark such as “Nice to see you back.” A response made by way of a remark as a member rises to seek the call is not part of a question or an answer. It is a private remark as the member making it strictly speaking does not have the call until acknowledged by the Speaker. See F8.1 of the Style File.

Comments on quality. Comment on the quality of a question or an answer are

included, given that they relate to the question. Include any comment that relates to the question. Data Collection staff: if a seemingly irrelevant comment is included because a point of order is raised later, use the comment proforma to

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bring this to the attention of the subeditors. Housekeeping. Do not include “housekeeping”—the Speaker telling members to

be quiet, or warning that there is too much chatter. Reporting substantive questions. The wording of questions for oral answer has

been the subject of negotiation between the member and the House Office, and therefore what appears in Hansard should not differ from what appears on the website, even if the member diverges from it when reading out the question. However, questions may be edited to maintain consistency of Hansard word style. Any text enclosed in quotation marks must not be edited. Typographical or factual errors pointed out by the member asking the question, to which there is no objection, should be corrected. Do not report any exchange about such matters. The staff member inputting the questions into Incorporations does the first check for word style consistency.

Reporting substantive answers. Minister’s answers to oral questions are usually

supplied to the Hansard Office each day before the House sits. They are prepared under a Minister’s instructions, and should be edited with caution. Staff should not assume that names of organisations, people, etc, are correct; such references may need to be verified (see A6.1 of the Style File).

Supplementary questions. Standing Order 371, “Supplementary Questions”,

states: “At the discretion of the Speaker, a supplementary question may be asked by any member to eludcidate or clarify a matter raised in a question for oral answer or in an answer given to a question. Supplementary questions cannot be asked on behalf of another member.” Supplementary questions should be expressed as a single direct question. However, it is not necessary to reconstruct an indirect question or to restrict a question to one sentence. Supplementary questions ruled out by the Speaker are not reported unless a point of order or other reference is later made to them or the Speaker makes a ruling. If in doubt, err on the side of leaving the question in. If the Speaker rules out part of a question, include all of the question. If a question is repeated because the Chair or a member did not hear it, the second version of the question is the only one recorded. See Speaker’s ruling 4/2 and the discretion given. See the third example on QUE8, Minister’s answer to supplementary question ruled out of order (see also QUE6). Data Collection staff should use the com proforma to explain to subeditors.

Answers ruled out. Include the answer and the Speaker’s comment (see QUE6).

Text and headings for questions are brought in as incorporations.

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CONTENTS GENERAL Beginning of question time. .......................................................................................QUE4 Questions to Ministers—heading...............................................................................QUE4 Standard question and answer format ........................................................................QUE4 Supplementary question.............................................................................................QUE4 Urgent question..........................................................................................................QUE4 Questions to members................................................................................................QUE4 Question asked on behalf of member.........................................................................QUE5 Question answered on behalf of Minister ..................................................................QUE5 Acting Minister answers ............................................................................................QUE5 Associate Minister answers on behalf of Minister.....................................................QUE5 Supplementary question ruled out of order................................................................QUE5 Minister warned about answer ...................................................................................QUE6 Minister's answer to supplementary question ruled out of order ...............................QUE6 Speaker comments on question about to be asked.....................................................QUE6 Speaker raises a general matter to do with questions, during question time .............QUE6 POINTS OF ORDER About question being dealt with ................................................................................QUE7 Raised after (or before) question has been dealt with................................................QUE7 Raised after question has been called ........................................................................QUE8 On a general matter to do with questions...................................................................QUE8 On a supplementary question that was ruled out of order .........................................QUE8 TABLING OF DOCUMENTS Leave sought during question time, at end of question, to table document re questionQUE9 Leave sought during question time to table document re question already dealt withQUE9 Leave sought during question time to table document re question already dealt with, followed by points of order..........................................................................................QUE9 Minister tables official document under s.o. 361.....................................................QUE10 QUESTION NOT ASKED Question postponed..................................................................................................QUE11 Questions postponed ................................................................................................QUE11 Question ruled out of order ......................................................................................QUE11 Question transferred for written answer ..................................................................QUE11 Question to absent member—point of order raised .................................................QUE11 Question withdrawn .................................................................................................QUE12 Question withdrawn and reason given.....................................................................QUE12 Question withdrawn—leave sought to table document; leave declined ..................QUE12 Leave sought to withdraw question after question called; leave declined...............QUE12 AMENDED ANSWER Amended answer—during question time.................................................................QUE13 Amended answer—different day during question time ...........................................QUE13

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Amended answer—same day, but outside question time ........................................QUE14 Amended answer—different day after question time; leave declined .....................QUE14 Point of order raised re granting another Minister leave to amend answer during question time..............................................................................................................QUE14 Ministerial statement given after question time.......................................................QUE14 INTERRUPTION AND RESUMPTION OF QUESTION TIME Interruption ..............................................................................................................QUE15 Resumption ..............................................................................................................QUE15 Visitors.........................................................................................................................VIS3

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GENERAL

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Accident Compensation—Review 1. Hon DAVID CAYGILL (Deputy Leader of the Opposition) to the Prime Minister: Has the need to scrap ACC's tightly regulated approach and legislate to replace it with more flexible guidelines shaken his confidence in the Minister of Finance; if not, why not? Rt Hon J B BOLGER (Prime Minister): No. The present Minister of Finance is a far better Minister of Finance than the Deputy Leader of the Opposition ever was. Hon David Caygill: Would the Prime Minister accept, as a holiday reading assignment, rereading the second reading debates of the . . . accident compensation scheme? Rt Hon J B BOLGER: I do not propose to reread those debates, any more than I propose to reread the honourable gentleman's 1990 Budget, when he said he had a surplus but had a $3 billion deficit. . . . Peter Hilt: Can the Prime Minister confirm that in addition to the recommendation of the regulations review panel the Minister for Accident Rehabilitation and Compensation Insurance . . . Rt Hon J B BOLGER: Yes I can confirm for . . . We want to have efficient, fair, and humane delivery of support to those who require it, and we will not go back to litigation in the courts.

Employment Task Force 2. IAN REVELL (Birkenhead) to the Minister of Social Services and Employment: . . .

Beginning of question time. Questions to Ministers—heading. Standard question and answer format. Do not change wording, capitalisation, punctuation, or hyphenation of question. Minister to whom question is addressed is set up in capitals; his/her portfolio is included the first time only. First supplementary question, usually asked by member who asked original question. Second supplementary question. Next question—brought in as incorporation (alternatively use qsh pro forma.)

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URGENT QUESTIONS Iraqi Refugee

1. GEOFF BRAYBROOKE (Napier) to the Minister of Immigration: Are news reports correct that . . .

Urgent question.

QUESTIONS TO MEMBERS Vietnam War Veterans' Health (Commission of Inquiry) Bill

1. GEOFF BRAYBROOKE (Napier) to the

Questions to members. Usually these questions are addressed to the chairperson of a select

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Chairperson of the Foreign Affairs and Defence Committee: What progress, if any, in the past month has been made towards reporting back to the House on the Vietnam War Veterans' Health (Commission of Inquiry) Bill? JOHN ROBERTSON (Chairperson of the Foreign Affairs and Defence Committee): The Foreign Affairs and Defence Committee has made no progress in the past month. Geoff Braybrooke: As it is now more than 2 years since the bill was introduced and referred to that committee . . . JOHN ROBERTSON: The committee will decide in its own time when it will deliberate on this bill.

committee. Chairperson set up as such.

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Legislation—Employment Contracts Act 2. Hon Dr MICHAEL CULLEN (St Kilda), on behalf of ELIZABETH TENNET (Island Bay), to the Minister of Labour: What representations, if any, has he received from the member for Tasman recommending minimum youth-rate wages for young people under 20 years of age? Rt Hon W F BIRCH (Minister of Health), on behalf of the Minister of Labour: The member for Tasman, whose views are well known on the subject, has approached . . .

Question asked on behalf of member. Insert oboq pro forma. Question answered on behalf of Minister. Insert obom pro forma.

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Crime—Link with Unemployment 3. ELIZABETH TENNET (Island Bay) to the Prime Minister: Has he received any reports linking crime with unemployment; if so, what do they show? Rt Hon DON McKINNON (Acting Prime Minister): I have not received any reports that give . . .

Acting Minister answers. Check list supplied weekly by Cabinet Office. Acting Prime Minister (not on behalf of.) Change portfolio in pro forma.

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Student Loans—Advances and Repayments 4. JIM ANDERTON (Sydenham) to the Minister of Education: What is the total amount of student loans taken up and repayments made since the scheme commenced? Hon JOHN LUXTON (Associate Minister of Education), on behalf of the Minister of Education: As of this morning . . .

Associate Minister answers. On behalf of, not in his or her own right, unless the question was addressed to him or her. Insert obom pro forma.

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Grant Gillon: Has the Minister any intention of exploring . . . Mr SPEAKER: That question is out of order. Gerrard Eckhoff: Can the Minister . . .

Question ruled out of order NB: Shaded words not included unless a point of order or a ruling from the Speaker follows. See also QUE8.

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Hon JOHN BANKS: Yes, I have read those comments. On this issue the member for Auckland Central is very, very confused. Mr SPEAKER: I say to the honourable member that he must be careful how he answers those questions as he is not responsible for the actions or thoughts of the member for Auckland Central. Hon JOHN BANKS: I remind the member for Auckland Central that gun owners are licensed and that guns are not licensed . . . . for Auckland Central dismissed that point, but I am prepared to offer him a briefing by senior police so that he can address the confusion. Hon David Caygill: Would the Minister acknowledge that if he did not ignore the advice of the police over the issue of the new gun laws, he certainly did ignore the advice of many submissions to the select committee that argued that the laws would not work and ought not to be passed in that form? Hon JOHN BANKS: That confused member has not realised that guns— Mr SPEAKER: That answer is out of order. Hon David Caygill: Why will the Minister not . . .

Minister warned about answer. Warning. Minister's answer to supplementary question ruled out of order. The answer and Speaker’s comment should be included. NB No editorial comment Next supplementary question.

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Question No. 4 to Minister Mr SPEAKER: I think that question No. 4 has effectively been answered, but I will allow the member to ask it. GEOFF BRAYBROOKE (Napier): Before I ask my question, I say that if the answer is effectively the same, I will accept that. But I request permission to ask a supplementary question.

Air Force—Ohakea Base 4. GEOFF BRAYBROOKE (Napier) to the Minister of Defence: Did the Air Force receive an affidavit . . .

Speaker comments on question about to be asked. Question is asked—incorporation (or qsh pro forma.) Hansard, Volume 542, at page 3556.

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Question Time Mr SPEAKER: I want to come back to the point that Jill White quite understandably raised, and that is that I am required by the Standing Orders to get through all questions. I also have the strong indication in the House that . . .

Speaker raises a general matter to do with questions, during question time. The subheading “Question Time” is used. Delete member set up and insert ssp pro forma.

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POINTS OF ORDER

These examples cover points of order raised during question time, about question time; see the POINTS OF ORDER section for examples of points of order unrelated to the business before the House. Interrupts question or answer. If the point of order is about the question or answer, there is no heading.

The member raising it and following speakers, except the Minister/member answering the question, are set up in lower case. See the first example.

At end of question and answer, about question. Occasionally a point of order is raised at the end of one

question (after the supplementary questions and answers have been concluded) and before the next question. If the point of order relates to the question just dealt with, no heading is necessary.

About question not yet asked / asked earlier. Points of order about questions dealt with earlier or yet to

be asked are headed up with the question number and the type of question. See the second example. About a general matter to do with questions. If a point of order is raised about a general matter to do

with questions, the subheading “Question Time” is used. The member raising the point of order is set up in upper case with his or her designation, as are any members who speak to it. See QUE8.

About a supplementary question ruled out of order. Include the question and the points of order. See

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Rt Hon J B BOLGER (Prime Minister): It is clear that, on the evidence, no convention . . . Rt Hon Mike Moore: I raise a point of order, Mr Speaker. I ask the Prime Minister to table all the documents so that we can analyse them. Mr SPEAKER: The Prime Minister will determine for himself whether he seeks leave to table a document. Rt Hon J B BOLGER: During a debate in . . .

About question being dealt with. Point of order raised. Minister answering question resumes.

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Question No. 5 to Minister Hon WINSTON PETERS (Tauranga): I raise a point of order, Mr Speaker. I seek advice on question No. 5, but more particularly . . . Mr SPEAKER: The member is quite correct. The report has now been completed and I expect to present it to Parliament in the near future.

Wairarapa Crown Health Enterprise 9. LIANNE DALZIEL (Christchurch Central) to the Minister of Health: . . .

Raised after (or before) question has been dealt with. The subheading consists of the number and type of question. Next question—incorporation (or qsh pro forma.)

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Question No. 4 to Minister Rt Hon HELEN CLARK (Leader of the Opposition): I raise a point of order, Mr Speaker. I note that the question has been accepted for answer and, therefore, the Minister . . . Mr SPEAKER: I am the one who rules about this.

Balance of Payments 4. GEOFF BRAYBROOKE (Napier) to the Minister of Finance: When will the Minister be releasing the figures . . .

Raised after question has been called. Point of order raised. After point of order has been dealt with, the question heading is set up.

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. . . a matter of its being a very problematic piece of roading that will need some technical solutions.

Question Time JOHN CARTER (Senior Whip—NZ National): I raise a point of order, Mr Speaker. With regard to the last question, the member for New Plymouth raised a point of order relating to the way the Minister answered her question and some of the details. I raise this point of order not just in the context of the last question today, but because the practice is starting to happen in the House whereby a member, when raising with you whether a Minister . . .

On a general matter to do with questions. The subheading “Question Time” is used because although the member initially refers to a specific question, he then makes clear that he is referring to a wider issue.

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Rodney Hide: Is the Minister envisaging legislation . . . ? Mr SPEAKER: That question is out of order . . . Patricia Schnauer: I raise a point of order, Mr Speaker. As Dr Cullen directly referred to the Matrimonial Property Bill in his reply, I ask you to reconsider whether the question is in order. Mr SPEAKER: But the question that the member phrased brought out a new dimension altogether that is not relevant to the principal question or the supplementary questions. I therefore decided not to allow the question to expand further, given where question time is up to today.

On a supplementary question that was ruled out of order. Include the question and the point of order.

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TABLING OF DOCUMENTS

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Hon MURRAY McCULLY: The member must be very clever indeed to know that, because those increased subsidises have yet to be announced. Mark Burton: I seek leave to table three documents from Professionals Real Estate, Westerman Real Estate, and United Realty. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There is. Rt Hon Jonathan Hunt: I raise a point of order, Mr Speaker. These are documents of substantial . . . Rt Hon J B Bolger: They can get them published if . . . Hon MURRAY McCULLY: The member should accept that the House . . .

Leave sought during question time, at end of question, to table document re question. Leave sought—objection. Only Minister or member to whom question addressed is set up in capitals.

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Question No. 2 to Minister Hon ANNETTE KING (Miramar): I seek leave to table a document that . . .

Leave sought during question time to table document re question already dealt with. The subheading consists of the number and type of question.

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Question No. 1 to Minister TREVOR MALLARD (Pencarrow) This was a matter that I was going to leave until the end of question time, but I see that the Prime Minister is seeking to leave the House. I seek leave to table a document that shows that the Prime Minister had discussed matters he claimed not to have discussed with Mr Lord . . . Mr SPEAKER: Leave is sought for that purpose. Is there any objection? Rt Hon J B BOLGER (Prime Minister): I raise a point of order, Mr Speaker. I am not objecting to the tabling. I think that the honourable member seeks to table something that allegedly contradicts my answer—which is a serious suggestion—and I am not sure what it . . . Mr SPEAKER: Leave is sought for the purpose mentioned by the member for Pencarrow. Is there any objection? There appears to be none. TREVOR MALLARD (Pencarrow): I raise a point of order, Mr Speaker. I suggest that the Prime Minister go back and check the notes of his meeting. Rt Hon J B BOLGER (Prime Minister): I just referred to my colleague, the Deputy Prime Minister, who said that in fact Mr Lord did discuss that matter with the Deputy Prime Minister. I simply do not recall . . . his raising or discussing that matter with me, at all. I have very firm views on it, as I think I indicated in the House earlier in answer to the question. Document, by leave, laid on the Table of the House.

Leave sought during question time to table document re question already dealt with, followed by points of order. Leave sought to table document. Point of order raised. Leave granted. Further point of order raised. Ending. Hansard, Volume 542, at page 2952.

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Rt Hon Jonathan Hunt: I raise a point of order, Mr Speaker. I refer you, Mr Speaker, to Standing Order 361: “Whenever a Minister quotes from a document relating to public affairs . . . Rt Hon WINSTON PETERS: That Standing Order . . . Rt Hon Jonathan Hunt: I raise a point of order, Mr Speaker . . . . but I understand that the Prime Minister and Mr Birch are trying to stop the Deputy Prime Minister from tabling the letters. The House has given leave for that to happen. Rt Hon WINSTON PETERS: I can give an assurance that that is not what was being asked of me. They were concerned . . . Documents laid on the Table of the House.

Tabling by Minister under s.o. 361 during question time. (13 August 1998) Point of order raised to require Minister to table. Ending.

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QUESTION NOT ASKED

A question set down on the Order Paper may not be asked, for one of a number of reasons. An editorial comment is inserted in Hansard. Discretion needs to be exercised if there is more than minimal debate.

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Question No. 2 to Minister Question, by leave, postponed.

Question postponed.

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Questions Nos 1, 3, and 4 to Minister Questions, by leave, postponed.

Questions postponed.

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Question No. 4 to Minister Question ruled out of order.

Question ruled out of order.

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Question No. 7 to Minister Question, by leave, transferred for written answer.

Question transferred for written answer.

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QUESTIONS TO MEMBERS Continuance of Napier Hospital Bill

1. GEOFF BRAYBROOKE (Napier) to the Chairperson of the Social Services Committee: What progress, if any, in the past month has been made on the hearing and calling of evidence on the Continuance of Napier Hospital Bill? Mr SPEAKER: I understand that only the chairmen of select committees can answer those questions. The chairman of the particular select committee is not in the

Question to absent member—point of order raised, so all words spoken must be recorded.

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House. Geoff Braybrooke: I raise a point of order, Mr Speaker. May I ask that this question be put down on the Order Paper for when the chairman is here? Mr SPEAKER: I am sure that can be arranged.

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Question No. 9 to Minister Question withdrawn.

Question withdrawn. Leave is not needed for a member to withdraw a question—the member just does not ask it. “Withdrawn” and “not asked” mean the same thing.

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Question No. 10 to Minister GILBERT MYLES (Roskill) I wish to withdraw question No. 10 as it was altered by the Clerk's Office. Question, by leave, withdrawn.

Question withdrawn and reason given—unusual. Ending. Hansard, Volume 534, at page 15398.

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Question No. 3 to Minister Question withdrawn. Rt Hon W F BIRCH (Minister of Finance): The House would be reluctant to see such an excellent question go by and I seek leave to table my response. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There is objection. I want to clarify . . . . Teachers—Salaries: Primary/Secondary Unified Scale 4. Hon DAVID CAYGILL (Deputy Leader of the Opposition) to the Minister of Education: . . .

Question withdrawn—leave sought to table document; leave denied. Speaker makes a significant ruling—unusual. Leave denied. Speaker rules. Next question—incorporation (or qsh pro forma.) Hansard, Volume 541, at page 2784.

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Question No. 6 to Minister GEOFF BRAYBROOKE (Napier): I raise a point of order, Mr Speaker. based on one of your earlier requests of this year, I seek the leave of the House that this question be withdrawn. The answers have already been given in both the Dominion and the Evening Post. Mr SPEAKER: That is not a question of order. Leave is sought for that purpose. Is there any objection? There is objection.

Driver Licensing 6. IAN REVELL (Birkenhead) to the Minister of Transport: . . .

Leave sought to withdraw question after question called; leave denied. The words “I raise a point of order, Mr Speaker.” incorrectly used, but included because of subsequent reference to them—unusual. Leave denied. Question asked—incorporation (or qsh pro forma.)

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AMENDED ANSWER

During question time, after question time has finished, or perhaps on a subsequent day, a Minister or member may want to correct or clarify or comment on a question or answer that has been given. Leave is sought to make a personal explanation. If leave is granted, the seeking of leave, including reference to making a personal explanation, and the Speaker's response are omitted from the text. If leave is declined, the seeking of leave is recorded. If leave is sought during question time, use the subheading “Question No. and Type—Amended Answer”. See the second example for an amended answer to a question from a previous day. If leave is sought outside question time, the subheading is “AMENDED ANSWERS TO ORAL QUESTIONS” and the subheading is “Question No. and Type”, with the date if the answer being amended was given on a previous day.

Personal explanations. If a Minister says “I wish to make a personal explanation . . .” those words are included but the heading or subheading contains the words “amended answer”. If a member wishes to make a personal explanation about the content of a question or answer (for example, if figures in a question were wrong, or the member feels that personal allegations were made about him or her in an answer), the heading is “PERSONAL EXPLANATIONS”. See the PERSONAL EXPLANATIONS section for more examples.

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Question No. 12 to Minister—Amended Answer Hon JOHN FALLOON (Minister for Racing): I seek leave to make a personal explanation … to question No. 12, which I answered in the House earlier. The TEMPORARY SPEAKER (Peter Hilt): Leave is sought for the Minister to make a personal explanation. Is there any objection to that course of action being followed? There appears to be none. Hon JOHN FALLOON: Very briefly, as I am conscious that I do not want to take the time of the House, during question No. 12, which I answered in the House earlier, in answer to a question from the member for Northern Māori I stated that Mr Austin had not . . . I apologise to the House. I certainly did not intend to mislead the member; my memory just was not 100 percent accurate on the issue.

Minister seeks to amend answer on same day during question time; leave granted. Use this heading rather than “PERSONAL EXPLANATIONS”. Do not include the shaded portion—that is, the seeking of leave, including reference to making a personal explanation, and the Speaker's response. Underlined portion added to include information conveyed during the seeking of leave.

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Question No. 7 to Minister—Amended Answer Hon RUTH RICHARDSON (Minister of Finance): I replied to question No. 7, concerning the New Zealand Refinery Company . . . the Crown paid approximately $1.25 billion in relation to refinancing the refinery's debt.

Minister seeks to amend answer on same day during question time; leave granted.

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Debate interrupted.

AMENDED ANSWERS TO ORAL QUESTIONS Question No. 2 to Minister

Hon JOHN FALLOON (Minister for Racing): I seek leave to make a personal explanation under Standing Order 343 in relation to . . .

Minister seeks to amend answer on same day outside question time; leave granted. The heading is “AMENDED ANSWERS TO ORAL QUESTIONS” and the subheading is the number and type of question, even though the Minister says “I wish to make a personal explanation . . .”. Debate interrupted, or at the conclusion of an item of business.

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Hon JENNY SHIPLEY (Minister of Health): I wish to make a personal explanation under Standing Order 343. It concerns an answer to a question that I gave in the House yesterday. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There is objection.

Minister seeks to amend answer on different day outside question time; leave denied. The seeking of leave is recorded Leave declined. Hansard, Volume 544, at page 4989.

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Question No. 2 to Minister, 22 November—Amended Answer Rt Hon HELEN CLARK (Leader of the Opposition): I raise a point of order, Mr Speaker. The House gave leave to the Minister in charge of Treaty of Waitangi Negotiations to correct an answer. I wonder whether the same courtesy could be extended to the Minister of Health. Mr SPEAKER: I put it to the House and there was an objection to leave being granted. I will put the question again. Leave is sought for the Minister of Health to make such a statement. Is there any objection now? There is none. Hon JENNY SHIPLEY (Minister of Health): In answer to a question in the House concerning a child who is awaiting . . .

Point of order raised re granting another Minister leave to amend answer from a different day during question time—unusual. Leave granted.

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Hon D A M GRAHAM: (Minister of Justice): I wish to make a ministerial statement relating to an answer given by me to a question asked last Thursday. On that day I was asked a . . .

Ministerial statement given after question time. The heading is “AMENDED ANSWERS TO ORAL QUESTIONS” and the subheading is the number and type of question, even though the Minister says “I wish to make a ministerial statement.”

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Precedent Manual: Recission of Resolution 16 July 2004

INTERRUPTION AND RESUMPTION OF QUESTION TIME

If a point of order is raised about an unrelated matter or if question time is interrupted to announce the presence of visitors, question time must be interrupted and the new business must be set up under a separate heading. When that business is concluded, question time must be resumed and the full question heading must be set up again.

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QUESTIONS FOR ORAL ANSWER QUESTIONS TO MINISTERS Government Expenditure

1. PETER GRESHAM (Waitotara) to the Minister of Finance: What reports, if any, has she received on the level of Government expenditure in the first quarter of this year? Hon RUTH RICHARDSON (Minister of Finance): Yesterday Treasury released the fiscal out-turn for the first 3 months of the 1992-93 year. The financial deficit for the quarter was $92 million better than was forecast, and net financial expenditure was $175 million less than forecast. Question time interrupted.

VISITORS Prime Minister of Tuvalu

Mr SPEAKER: I have much pleasure in informing members that the Hon. Bikenibeu Paeniu, Prime Minister of Tuvalu . . .

Interruption. Question time interrupted.

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POINTS OF ORDER Questions to Ministers

WINSTON PETERS (Tauranga): I raise a point of order, Mr Speaker. As this is the period for questions to Ministers, I wonder whether you could address those matters that I raised under cover of my letter to you this morning. Mr SPEAKER: I do not normally do that. This is question time; the honourable member has written to me and asked that consideration be given to facts that he raised in a letter. I am very happy to reply to the honourable member in writing. Question time resumed.


Salaries Grant for Management

Question time may be interrupted for a point of order that does not relate to that particular question time. Ending. Resumption. Heading for beginning of question time and for the type of question that was interrupted must be set up again.

RESC 270

Precedent Manual: Recission of Resolution 16 July 2004

2. Hon MARGARET AUSTIN (Yaldhurst) to the Minister of Education: What announcements, if any, does the Government . . .

RESCISSION OR AMENDMENT OF RESOLUTIONS

(s.o. 100)

Standing Order 100 states: “A resolution of the House may be rescinded on motion with notice.” It may also be done by seeking the leave of the House.

CONTENTS Motion to rescind resolution .......................................................................................RES2 Motion to rescind resolutions......................................................................................RES2 Leave sought to rescind resolution .............................................................................RES2 Amendments to resolution ..........................................................................................RES3

RESC 271

Precedent Manual: Rescission of Resolution 16 July 2004

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HEALTH RESEARCH COUNCIL BILL Rescission of Resolutions

Rt Hon JONATHAN HUNT (Leader of the House): I move, That the House's resolution of Thursday, 29 March 1990, that the Education and Science Committee consider the Health Research Council Bill, be rescinded, and that the Social Services Committee consider the bill. Motion agreed to.

Motion to rescind resolution of House—motion agreed to. Ending.

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BUSINESS OF SELECT COMMITTEES Rescission of Resolutions

Rt Hon JONATHAN HUNT (Minister of Broadcasting): I move, That the resolutions of the House on 26 July 1985 appointing the House Committee and the Library Committee be rescinded. Motion agreed to.

Motion to rescind resolutions—motion agreed to. Ending.

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FINANCE BILL Rescission of Resolutions

Rt Hon JONATHAN HUNT (Senior Opposition Whip): I wonder if we could just reflect a little . . . Rt Hon DON McKINNON (Leader of the House): I seek leave of the House that Government motion No. 1 relating to the Finance Bill be rescinded and be put again after the introduction of the companies legislation. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none. Resolution, by leave, rescinded.

Leave sought to rescind resolution—leave granted. Ending.

RESP 272

Precedent Manual: Response 16 July 2004

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BUSINESS OF SELECT COMMITTEES Amendments to Resolutions

Rt Hon JONATHAN HUNT (Leader of the House): I seek leave to amend the resolution of the House setting up select committees, because a printing error was made at the time. Mr SPEAKER: The question is that leave be granted. Is there any objection? There appears to be none. Rt Hon JONATHAN HUNT: I seek leave for the resolution of the House of 17 September appointing a Finance and Expenditure Committee to be amended by the insertion after the words “public bodies” of . . . and for the resolution of the House of 17 September appointing a Government Administration Committee to be amended by the insertion after the word “matter” of the words “referred by the House and such estimate of expenditure as may be”. Amendments agreed to.

Amendments to resolution. Ending.

RESPONSES (s.o. 160-163)

People who believe that their reputations have been adversely affected by what a member has said about them in the House are able to apply to the Speaker to have a response incorporated in the parliamentary record (s.o. 160). If the Speaker decides that the response should be incorporated, he presents it to the House and a motion is moved that it be published (s.o. 163).

CONTENTS

RESP 273

Precedent Manual: Response 16 July 2004

Response...............................................................................................................................................RESP2

RET 274

Precedent Manual: Retirements and Resignations 16 July 2004

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RESPONSES Apple Fields Ltd

Mr SPEAKER: Pursuant to Standing Orders 160 to 163 I hereby lay on the Table a response from Apple Fields Ltd for incorporation in the parliamentary record. Hon WYATT CREECH (Leader of the House): I move, That that paper be published. Motion agreed to.

Response. Motion that response be published. Ending.

RETIREMENTS AND RESIGNATIONS

CONTENTS RETIREMENTS Retirement of parliamentary staff member .....................................................................RET2 Retirement of Clerk of the House....................................................................................RET2 Retirement of officer of Parliament.................................................................................RET3 RESIGNATIONS Resignation of member of parliamentary body...............................................................RET4 Resignation of member of Parliament.............................................................................RET4

RET 275


RETIREMENTS

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RETIREMENTS Mr J Kronast

JOHN CARTER (Senior Opposition Whip): I should like to draw to the attention of the House the retirement tonight of the Speaker's messenger, Mr J Kronast, who is a very respected member of . . .

Retirement of parliamentary staff member. Use name in heading.

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RETIREMENTS Clerk of the House

Hon GEOFFREY PALMER (Leader of the House): I move, That on the occasion of his retirement as Clerk of the House the House places on record its appreciation of the long and distinguished service rendered to the House of Representatives by Charles Philip Littlejohn CBE, and wishes him and his wife many happy years of retirement; and, as a mark of respect, that the House do now adjourn. The Clerk of the House is retiring. That is a significant event. Clerks at the Table gave inconspicuous but very important service to the House, as . . . Under the Standing Orders there are circumstances in which the Clerk has the right to speak. I do not think it is a gross extenuation of those circumstances to ask him on this occasion to reply to the sincere tributes that have been expressed towards him. Before I call upon the Clerk to exercise his right in the House I remind members of the matter before the House: That on the occasion of his retirement as Clerk of the House the House places on record its appreciation of the long and distinguished service rendered to the House of Representatives by Charles Philip Littlejohn CBE, and wishes him and his wife many happy years of retirement; and, as a mark of respect, that the House do now adjourn. Mr LITTLEJOHN (Clerk of the House): Mr Speaker and honourable members, this is a unique honour. It is the first time it has happened in New Zealand, and I regard it as a special honour. I want you to realise that, in addition to any words of thanks that I may say in response to the kind and generous words that have been spoken by members . . . Motion agreed to.


Retirement of Clerk of the House. For the holder of an important office use the name of the office in the heading. Clerk allowed to reply. Ending.

RET 276


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RETIREMENTS Wanganui Computer Centre Privacy Commissioner

Rt Hon DON McKINNON (Leader of the House): With the consent of the House, I move, That this House note that Mr Paul Loxton Molineaux CMG, retires from the position of Wanganui Computer Centre Privacy Commissioner on 30 June 1993, after serving in that position since 28 September 1983, record its appreciation of Mr Molineaux's service as Privacy Commissioner and in other public offices, and extend to him every good wish for the future. As everyone knows, Mr Molineaux provided his country with formidable service through the war years . . . Motion agreed to.

Retirement of officer of Parliament. Use the name of the office in the heading. Ending.

SC 277

Precedent Manual: Select Committees 16 July 2004

RESIGNATIONS

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RESIGNATIONS Chairperson of the Abortion Supervisory Committee

Mr SPEAKER: I wish to inform the House that the Chairperson of the Abortion Supervisory Committee, Mrs Heather White, has tendered her resignation with effect from 16 September 1994.

Resignation of member of public organisation. Use name of the office in the heading.

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RESIGNATIONS Jim Gerard, NZ National

Mr SPEAKER: I wish to advise the House that I have received a letter from Jim Gerard resigning his seat in this House from 17 April 1997.

Resignation of member of Parliament. For the heading use the member's name and designation (electorate/party). See the ELECTIONS section for procedure after the resignation of an electorate or list member.

SELECT COMMITTEES (s.o. 63, 68-69, 71, 184-251, 283-290, 384-385)

Select committees carry out most of the intensive work of the House, whether of a legislative, financial, investigatory, or scrutiny nature. Select committee work is conducted not only by members of Parliament; Government officials, members of public bodies, trade unionists, representatives of associations, and individual members of the public are either the subject of committee scrutiny or contribute their knowledge and opinion to the subject under consideration. Select committees, being a creation of the House, may carry out only such investigations and/or functions as the House has empowered them to carry out. A committee's functions and special powers are set out in the resolution appointing it, which is known as its order of reference, and this may be supplemented by further orders enlarging or restricting its power or referring other matters to it for investigation. This section is divided into four subsections: SETTING UP OF SELECT COMMITTEES, MEETINGS, REPORTS, and MISCELLANEOUS (including instructions to select committees, referral of Supplementary Order Papers, extensions of

SC 278


reporting time, guidelines for chairpersons, and rescission of orders or decisions.). See the OFFICERS OF PARLIAMENT COMMITTEE, PRIVILEGE, and STANDING ORDERS sections for examples relating to those select committees. (See the FINANCIAL PROCEDURES section for debate on the report of the Finance and Expenditure Committee on the Budget Policy Statement. See COM for explanation about Intelligence and Security Committee, and AP4 for membership. See SC10 for international treaties). Headings. In general, the heading “BUSINESS OF SELECT COMMITTEES” is

used for all matters relating to select committees, with an explanatory subheading. However, if the matter concerned is a bill, the heading is the name of the bill, followed by an explanatory subheading. The exception is extension of the reporting time for more than three bills; the heading is “BUSINESS OF SELECT COMMITTEES” and the subheading is “Reporting Dates”. See SC15. Items of business relating to the running of select committees e.g. reporting time on a bill extended, appointments, membership etc., are not indexed under their bill names. Do not use a bill name as the main heading.

SC 279


CONTENTS SETTING UP OF SELECT COMMITTEES After election—one motion .................................................................................OP9; SC3 After election—motions taken separately..........................................................OP10; SC4 First motion................................................................................................................... SC4 Second motion .............................................................................................................. SC4 Ending for primary motion if there is intervening debate............................................. SC4 During session—one committee ................................................................................... SC4 During session—more than one committee.................................................................. SC4 Special select committee............................................................................................... SC5 Select committee on bill................................................................................................ SC5 Speaker excuses himself as on committee to be established ........................................ SC5 Qualified membership................................................................................................... SC6 Amendments to resolutions setting up select committees ............................................ SC6 Motion to rescind resolutions setting up select committees ......................................... SC6 MEETINGS Motion to meet outside of the prescribed times............................................................ SC7 Leave sought to meet outside of the prescribed times. ................................................. SC7 Motion for subcommittee of select committee to meet outside of the prescribed times; amendment to motion ..................................................................................................... SC7 Motion for select committee to meet overseas ......................................................................................... SC8 Two motions dealt with at the same time ..................................................................... SC8 REPORTS Consideration of interim report on bill ......................................................................... SC9 Consideration of interim report on bill and Supplementary Order Paper................... SC10 Consideration of special report ................................................................................... SC10 Consideration of report on international treaty........................................................... SC10 Discharge of order of the day to consider special report ............................................ SC10 MISCELLANEOUS Instruction to select committee re bill—motion ......................................................... SC11 Instruction to select committee re bill—leave sought................................................. SC11 Instruction to select committee to sit outside prescribed times, to consider bills and so onSC12 Instructions to more than one committee—motion to reallocate................................ SC12 Motion to refer Supplementary Order Paper to a select committee............................ SC13 Motion to refer Supplementary Order Papers to a select committee .......................... SC13 Amendment to motion to refer Supplementary Order Paper to a select committee ... SC13 Leave sought to refer Supplementary Order Paper to a select committee .................. SC13 Motion to refer bill and Supplementary Order Paper to a select committee .............. SC14 Motion to refer bill to a select committee—re-referral because of member’s words . SC14 Motion to refer bill to second select committee.......................................................... SC14 Motion to refer two bills to one select committee and one bill to another select committee...................................................................................................................... SC15 Leave sought to extend reporting time for a bill or bills............................................. SC15

SC 280


Motion to extend reporting time for an inquiry .......................................................... SC15 Guidelines for chairpersons ........................................................................................ SC16 Rescission of an order or resolution relating to an inquiry......................................... SC16 Rescission of an order or resolution relating to a bill ................................................. SC16

SC 281


SETTING UP OF SELECT COMMITTEES (s.o. 184-189, 198, 284, 386)

There are 16 permanent select committees, which are set up at the beginning of each Parliament. Thirteen are known as “subject” committees because they mirror the various areas of Government activity—for example, the Finance and Expenditure Committee and the Commerce Committee (s.o. 188). The other three cover particular matters: the Privileges Committee (see PRIVILEGE), the Officers of Parliament Committee (see OFFICERS OF PARLIAMENT COMMITTEE), and the Regulations Review Committee (s.o. 184(1)(b)). A Standing Orders Committee (see STANDING ORDERS) is set up for each Parliament. It is the committee that is appointed, rather than its members. Membership is decided by the Business Committee. The text of appointment motions may be brought in—check with SPOs. Business Committee. A Business Committee is convened by the Speaker at the commencement of each

Parliament (s.o. 74-78). Its tasks include determining the order of the business to be transacted in the House; determining the time to be spent on an item, and how that time is allocated among the parties represented in the House; and recommending a programme of sittings for each calendar year. Its determinations apply notwithstanding any other Standing Order to the contrary. The Business Committee decides the membership of select committees. (s.o. 185)

Membership. Although the Business Committee may appoint members and fill vacancies, membership

matters are sometimes brought to the attention of the House (see SC5-6 and s.o. 185 and 187). Other select committees. Other select committees may be appointed for a specified time or to carry out a

specific task. Usually such committees are appointed to consider a particular bill, but they may also be appointed to conduct a particular inquiry, and so on (s.o. 284(2)).

Expiry of committee. A committee on a bill expires when its final report is presented (s.o. 184(3)).

Subcommittees. Select committees may appoint subcommittees to help them perform their tasks.

Subcommittees report to the select committees (s.o. 198). Abolition of a select committee. If the House wishes to abolish a select committee, or to amend the

resolution setting it up, it does so by moving a motion to amend or rescind the relevant resolution. See the two examples on SC6.

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BUSINESS OF SELECT COMMITTEES Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave pursuant to an agreement of the Business Committee this morning for motions Nos 4 to 19 to be taken as one question.

After election—leave granted to take as one question.

SC 282


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Mr SPEAKER: Is there any objection to that course being followed? There appears to be none.

Appointments Hon Dr MICHAEL CULLEN (Leader of the House): I move, That a Commerce Committee consisting of eight members be . . . that a Health Committee . . . Motion agreed to.

After election—one motion. Check for incorporation.

SC 283


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BUSINESS OF SELECT COMMITTEES Rt Hon DON McKINNON (Leader of the House): I seek leave to take Government notices of motion Nos 3 to 22, relating to the appointment of select committees, as one question, and I also seek leave to take Government notice of motion No. 23, relating to the Parliamentary Service Commission, today also. Mr SPEAKER: Is there any objection to that course of action being followed? There is objection.

Appointments Rt Hon DON McKINNON (Leader of the House): I move, That a Commerce Committee be appointed, to consider any bill, petition, or other matter referred by the House, and such estimates . . . Motion agreed to.

Appointments Rt Hon DON McKINNON (Leader of the House): I move, That an Education and Science Committee be appointed, to consider any bill, petition, or . . . Motion to appoint Education and Science Committee agreed to.

After election—motions taken separately. Leave sought to take motions as one question. Leave denied. First motion. Ending. Second motion. Ending for primary motion if there is intervening debate.

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BUSINESS OF SELECT COMMITTEES Appointments

Hon Dr MICHAEL CULLEN (Leader of the House): I move, That a Standing Orders Committee of 10 members be established to examine and report on the procedures of the House and select committees. Motion agreed to.

During session—one committee. Ending.

SC 284


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Hon WYATT CREECH (Leader of the House): I move, That an Officers of Parliament Committee be appointed to . . ; and that a Standing Orders Committee consisting of nine members be appointed to examine . . . Motion agreed to.

During session—more than one committee. Ending.

SC 285


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Hon Dr MICHAEL CULLEN (Leader of the House): I move, That this House appoint a committee consisting of 11 members to consider such employment and accident insurance legislation that may be referred to it; the committee to consist of the Hon Max Bradford, Sue Bradford, . . . The purpose of this select committee will be to consider, in the first instance, the Employment Relations Bill—the Government intends to have the first reading tomorrow—and, secondly, the rewrite of the principal accident insurance legislation . . . Motion agreed to.

Special select committee. Ending.

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. . . will make a first-class job of listening to the submissions and then advising us whether we have the balance right. Bill read a first time. Hon SIMON UPTON (Minister for the Environment): I move, That the Hazardous Substances and New Organisms Bill be considered by a select committee consisting of five members, the members to be Chris Fletcher, Pete Hodgson, Nick Smith, Hon Rob Storey, and Jill White; and that the committee have the authority to meet on Fridays in the weeks in which there has been a sitting of the House, notwithstanding Standing Order 191.

Motion agreed to.

Select committee on a particular bill (s.o. 284(2)). Occurs after first reading, and comes under the heading for first reading. Motion to set up special committee. Specify name of bill. (Note: under revised Standing Orders members’ names may not be included). Ending.

SC 286


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Mr SPEAKER: Members of the House of Representatives, I would like to state that Government notice of motion No. 1 does involve me as Speaker in it. For that reason, I have determined that I will hand the Chair over to Mr Braybrooke or his deputies for the duration of this debate. I think it appropriate to do so. Hon Dr MICHAEL CULLEN (Leader of the House): I move, That an MMP Review Committee be established and . . .

Speaker on committee to be established—unusual. Special select committee.

SC 287


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BUSINESS OF SELECT COMMITTEES Membership

Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave for Hon Ken Shirley to be a member of the Health Committee for the purposes of its consideration of the New Zealand Public Health and Disability Bill, but without the right to vote on any question before the committee. Mr SPEAKER: Is there any objection to that course being followed? There is not. He is on the committee.

Qualified membership.

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BUSINESS OF SELECT COMMITTEES Amendments to Resolutions

Hon Dr MICHAEL CULLEN (Leader of the House): I seek leave to amend resolutions of the House setting up select committees, because a printing error was made at the time. Mr SPEAKER: The question is that leave be granted. Is there any objection? There appears to be none. Hon Dr MICHAEL CULLEN: I seek leave for the resolution of the House of 17 September appointing a Finance and Expenditure Committee to be amended by the insertion after the words “public bodies” of the words “and to examine the public accounts having . . . Amendments agreed to.

Amendments to resolutions setting up select committees. The request for leave and the Speaker's words are included because the seeking of leave contains an explanation. Ending.

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BUSINESS OF SELECT COMMITTEES Rescission of Resolutions

Hon Dr MICHAEL CULLEN (Leader of the House): I move, That the resolutions of the House on 26 July 1985 appointing the House Committee and the Library Committee be rescinded. Motion agreed to.

Motion to rescind resolutions setting up select committees. Ending.

SC 288


MEETINGS

The times at which committees may meet are set out in Standing Orders 190-194. The authority of the House is required to meet outside these times. Standing Orders 193-194 deal with where the meetings are held. A committee may meet outside Wellington during a sitting of the House only with the agreement of the Business Committee. Outside sittings, the committee itself must agree. The authority of the House is required before a committee may meet outside New Zealand.

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SELECT COMMITTEES Meetings

Rt Hon DON McKINNON (Leader of the House): I move, That, notwithstanding Standing Order 194(1)(c), the Transport Subcommittee on Petition No. 1993/600 of Paddy Lanauze and others, have the authority to meet during the evening of Tuesday, 23 July 1996. Motion agreed to.

Motion to meet outside the prescribed times (s.o. 191-194). Ending.

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Hon K. T. WETERE (Western Māori): I seek leave for the Māori Affairs Committee, notwithstanding Standing Order 194(1)(a), to have the power to meet during questions for oral answer on Wednesday, 24 July , to hear evidence on the inquiry into Te Reo Whakapuaki Irirangi (Te Māngai Pāho) and the Taonga Maori Protection Bill. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

Leave sought to meet outside the prescribed times. (s.o. 191-194).

SC 289


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Rt Hon DON McKINNON (Leader of the House): I move, That the Local Government and Environment Committee, notwithstanding Standing Order 194(1)(a), (b), and (c), have the power to meet during questions for oral answer on Thursday, 1 August 1996; in any week, for more than 3 hours during a morning or afternoon (to 6 p.m.) while the House is sitting; and during the evening (after 6 p.m.) on Thursday, 1 August 1996 to consider the Coromandel Hauraki Gulf (Prohibition on Mining) Bill and the Protected Areas (Prohibition on Mining) Bill. PETE HODGSON (Dunedin North): I move, as an amendment to the motion, That before the words “Thursday, 1 August” be added the words “Wednesday, 31 July”. I move that amendment . . . Amendment agreed to. Motion as amended agreed to.

Motion for subcommittee of select committee to meet outside the prescribed times. Amendment to motion. Agreed to. Ending.

SC 290


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Hon Dr MICHAEL CULLEN (Leader of the House): I move, That the House authorise the Education and Science Committee to meet from 11 to 15 November in Canberra and Melbourne, with the Australian House of Representatives Standing Committee on Employment, Education and Training and the Australian Senate Standing Committee on Employment, Education and Training; and authorises the committee to adopt such practices and procedures for the joint meetings as are suitable for the conduct of business at those meetings.

This is the form of motion required by the House when a select committee meets overseas . . .

Motion agreed to.

Motion for select committee to meet overseas (s.o. 192). Ending.

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Hon Dr MICHAEL CULLEN (Leader of the House): I move, That the House grant leave for the Local Government and Environment Committee to meet in New Plymouth on Thursday the 12th day of September to consider the Taranaki Harbours Board Reclamation and Empowering Bill. I understand . . . Hon ROGER SOWRY (NZ National): Three Government notices of motion have been set down to ask the House to agree to select committees meeting outside of the general committee meeting hours . . . Motion agreed to.

Meetings

Hon Dr MICHAEL CULLEN (Leader of the House): I move, That the House grant leave for the Committee on the Sale of Liquor Bill to sit on Thursday, 5 August from 9 a.m. to 12.30 p.m., and Thursday, 12 August from 9 a.m. to 12.30 p.m. I stress that the bill . . . Motion agreed to.

Two motions dealt with at the same time. One main heading and three subheadings. First motion. Ending. Second motion. Ending.

SC 291


REPORTS (s.o. 71, 242-251, 283-294, 385)

This section covers select committee reports to the House on bills, petitions, inquiries, and international treaties. See the FINANCIAL PROCEDURES section for debate on reports of the Finance and Expenditure Committee on the Budget Policy Statement and Financial Review debate (s.o. 318, 331). See the PRIVILEGE section for examples relating to the Privileges Committee (s.o. 63(1)(5)). Presentation of reports. The first item of general business each day includes the announcement by the

Clerk of the presentation of reports of select committees (s.o. 63(1)(1)). These announcements are not recorded in Hansard, but any points of order, for example, arising out of their presentation must be recorded (see the POINTS OF ORDER section).

Consideration of reports. A select committee report on a bill (s.o. 290) is considered in the second

reading. See the LEGISLATION section—Second Readings. However, an interim or special report on a bill may still be considered.

Chairperson to move. On the consideration of any select committee report (other than a final report on a

bill (s.o. 290)), the chairperson of the select committee moves a motion to take note of the report. In the absence of the chairperson, any other member of the committee may move the motion (s.o. 250).

Reports on inquries (s.o. 249(3)). A report on an inquiry (other than a report of the Privileges Committee)

is set down as a members’ order of the day, to be discharged under Standing Order 71(3) if it is not dealt with within 15 sitting days, or within 15 sitting days of the presentation of a Government response to it, as the case may be.

Report of Privilege Committee. See the PRIVILEGE section.

Report on petition (s.o. 249(2)). The Business Committee may direct that a report on a petition be set

down as a member’s order of the day. Citizens initiated referenda are treated as petitions. (See also the CITIZENS INITIATED REFERENDA section).

Reports on international treaties (s.o. 385(1)). A select committee must report on any treaty that has been

referred to it. Interim reports (s.o. 242). A select committee may make an interim report. The ending is simply “Motion

agreed to.” (See SC 10). Special reports (s.o. 243). A select committee may make a special report, seeking guidance or authority to

do something. The ending is simply “Motion agreed to.”. (See SC 10).

SC 292


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PARLIAMENTARY COMMISSIONER FOR CHILDREN BILL Consideration of Interim Report of Social Services Committee

JOHN WRIGHT (The Alliance): I move, That the House take note of the interim report of the Social Services Committee on the Parliamentary Commissioner for Children Bill. This bill has had . . . Motion agreed to.

Consideration of interim report on bill. Ending.

SC 293


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TRADE IN ENDANGERED SPECIES AMENDMENT BILL Consideration of Interim Report of Local Government and

Environment Committee on Bill and S.O.P. 8 GAVAN HERLIHY (NZ National—Otago): I move, That the House take note of the interim report of the Local Government and Environment Committee on the Trade in Endangered Species Amendment Bill and related Supplementary Order Paper 8. I wish to inform . . . Motion agreed to.

Consideration of interim report on bill and Supplementary Order Paper. Ending.

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Consideration of Special Report of Local Government and Environment Committee

DIANNE YATES (NZ Labour): I move, That the special report of the Local Government and Environment Committee on the Local Elections (Single Transferable Vote Option) Bill be noted and the bill be referred from the Local Government and Environment Committee to the Justice and Electoral Committee. This bill has had a rather circuitous route . . . Motion agreed to.

Consideration of special report. Note: Bill is to be referred to another committee. Ending.

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AGREEMENT BETWEEN NEW ZEALAND AND SINGAPORE

ON A CLOSER ECONOMIC PARTNERSHIP Consideration of Report of Foreign Affairs, Defence and

Trade Committee Mr SPEAKER: I understand that some parties, instead of having one 10-minute speech as their call, wish to take two 5-minute calls, which they are entitled to do. I seek leave that they advise people when they start; we will then be able to make that time available. Is there any objection to that course of action? There is none. Hon Dr MICHAEL CULLEN (Minister of Finance): I move, That this House take note of the report of the Foreign Affairs, Defence and Trade Committee on its international treaty examination of the Agreement between New Zealand and Singapore on a Closer Economic Partnership. Motion agreed to.

Report on international treaty.

Ending.

SC 294


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URBAN TREES BILL Procedure

No member having risen, members’ order of the day No. 3 for consideration of the special report of the Internal Affairs and Local Government Committee on the Urban Trees Bill was discharged.

Order of the day for consideration of special report on the bill was discharged by default—because of member's absence, or member chose not to move the motion. Delete member set up from pro forma.

SC 295


MISCELLANEOUS

Instruction to select committee (s.o. 282, 284). A select committee may be granted special powers or

given certain instructions in respect of its consideration of a bill. The subheading is “Instruction to . . . Committee” (see examples on SC11-12).

Referral. The House may refer a bill to a select committee, or a Supplementary Order Paper that relates to a

bill before that committee. The subheading is “Referral to . . . Committee”. If more than three bills or more than one committee are mentioned in the motion, the heading is “BUSINESS OF SELECT COMMITTEES” (see examples on SC14).

Extension of reporting time (s.o. 247, 289). Standing Order 247 states: “when a day is fixed for the

presentation of a select committee’s report, the final report must be made on or before that day, unless the House grants further time.” Standing Order 289 requires a committee to report on a bill within 6 months of the bill being reported to it, or by the time fixed by the House, unless the Business Committee extends that time. If more than three bills are involved, the heading is “SELECT COMMITTEES”.

Guidelines for chairpersons. (See SC16)

Rescission of orders or decisions. The House may rescind or vary its own decisions (see SC16).

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AGRICULTURAL COMPOUNDS BILL Instruction to Committee on the Agricultural Compounds Bill

Rt Hon DON McKINNON (Leader of the House): I move, That the Committee on the Agricultural Compounds Bill have authority to consider the policy established in the Radiation Protection Act 1965 and to consider issues associated with radioactive hazards and irradiating apparatus. Motion agreed to.

Instruction to select committee re bill. Motion Ending.

SC 296


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Rt Hon DON McKINNON (Leader of the House): I seek leave for the Māori Affairs Committee in its consideration of the Maori Purposes Bill to have the power to consider and, if it thinks fit, adopt amendments to the Maori Trust Boards Act, to remove the involvement of the Minister of Māori Affairs from the day-to-day business of Maori Trusts Boards. Mr DEPUTY SPEAKER: Is there any objection to that course of action? There appears to be none.

Instruction to select committee re bill. Leave sought. Leave granted.

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GOVERNMENT SUPERANNUATION FUND AMENDMENT BILL (NO 4)

TAXATION REFORM BILL (NO 7) Instruction to Finance and Expenditure Committee

Hon Dr MICHAEL CULLEN (Minister of Social Welfare), on behalf of the Leader of the House: I move, That (1) notwithstanding subparagraph (a) of Standing Order 194(1), the Finance and Expenditure Committee have authority to meet during questions for oral answer on Thursday, 1 August for consideration of the Government Superannuation Fund Amendment Bill (No 4), Supplementary Order Paper 2, and the Taxation Reform Bill (No 7); and (2) it be an instruction to the Finance and Expenditure Committee that it have power to divide the Government Superannuation Fund Amendment Bill (No 4) and the Taxation Reform Bill (No 7) into such separate bills as it may think desirable, and to incorporate into such separate bills the appropriate titles, enacting words, and title clauses, and to report such bills separately to the House. The House often reacts somewhat to motions that seek the leave of the House for . . . Motion agreed to.

Instruction to select committee to sit outside prescribed times, to consider bills and so on. Sitting motion secondary to instruction motion. Replace colon with comma and insert obom pro forma. Ending.

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BUSINESS OF SELECT COMMITTEES Hon Dr MICHAEL CULLEN (Leader of the House): I move, That the Foreign Affairs, Defence and Trade Committee be authorised to reallocate international treaties that have been previously allocated to select committees to the appropriate select committees, and that such select committees be directed to commence their consideration of the treaties so allocated at the stage reached by the committees formerly considering them. This is essentially a technical motion arising out iof the restructuring of the select committees of the House. This means that some international treaties may be inappropriately allocated at present, or indeed not allocated at present. There is therefore a need for the senior committee in these mattes, the Foreign Affairs, Defence and Trade Committee, to pick up those international treaties . . . Motion agreed to.

Instructions to more than one committee on special subject—motion to reallocate. Ending.

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NURSES AMENDMENT BILL Referral of S.O.P 30 to Social Services Committee

Rt Hon JONATHAN HUNT (Leader of the House): I seek leave to move a motion relating to the referral of Supplementary Order Paper 30, relating to the Nurses Amendment Bill, to the Social Services Committee for a special 2-hour hearing. That motion will be put forthwith without debate. Mr DEPUTY SPEAKER: Is there any objection to that course being followed? There appears to be none. Rt Hon JONATHAN HUNT: I move, That Supplementary Order Paper 30 be referred to the Social Services Committee for a special 2-hour hearing. Motion agreed to.

Motion to refer Supplementary Order Paper to select committee. Omit the shaded words because all the information is included in the motion. Ending.

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SOCIAL WELFARE REFORM BILL Referral of S.O.Ps 103, 104, 114, 115, AND 150 to Social Services

Committee Hon PETER GRAHAM (Minister of Social Welfare): I move, That Supplementary Order Papers 103, 104, 114, 115, and 150 relating to the Social Welfare Reform Bill be referred to the Social Services Committee for consideration. These Supplementary Order. . . Motion agreed to.

Motion to refer Supplementary Order Papers to a select committee. Ending.

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RUTH RICHARDSON (Selwyn): I thank the Minister for . . . I move, as an amendment to the motion, That the Social Services Committee report back to the House on 11 July. Amendment agreed to. Motion as amended agreed to.

Amendment to motion to refer Supplementary Order Paper to a select committee. If vote on amendment, restate amendment. Ending.

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FINANCE BILL Referral of S.O.P 346 to Government Administration Committee

Rt Hon DON McKINNON (Leader of the House): I seek leave for Supplementary Order Paper 346 relating to the Finance Bill (No 2) to be referred to the Government Administration Committee for consideration so that the committee in its consideration of the bill will have power to consider and, if it thinks fit, to adopt the amendments set out on the Supplementary Order Paper. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

Leave sought to refer Supplementary Order Paper to a select committee. Leave granted.

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STUDENT LOANS (REPAYMENTS) BILL Referral of Bill and S.O.P. 25 to Finance and Expenditure Committee Rt Hon DON McKINNON (Leader of the House): I move, That the Student Loans (Repayments) Bill and Supplementary Order Paper 25 be referred to the Finance and Expenditure Committee for a special 10-hour hearing. It is quite clear that student loans will never be repaid in this country unless the Government does something radical . . . Motion agreed to.

Motion to refer bill and Supplementary Order Paper to a select committee. Ending.

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Referral to Local Government and Environment Committee JOHN CARTER (Senior Whip—NZ National): I move, That the order of the day for the second reading of the Electoral Law Committee on the Local Elections (Single Transferable Vote Option) Bill be discharged, and that the bill be referred to the Local Government and Environment Committee. There are several reasons . . . Motion agreed to.

Motion to refer bill to second select committee. This example also includes the discharge of an order of the day, but the subheading “Referral” reflects the purpose of the motion. Ending.

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TRUTH IN SENTENCING BILL Referral to Law and Order Committee

Hon RICHARD PREBBLE (Leader—ACT NZ): I move, That the order of the day for the second reading of the Truth in Sentencing Bill be discharged, and that the bill be re-referred to the Law and Order Committee. A party vote was called for on the question, That the motion be agreed to. Motion not agreed to.

Second Reading Hon RICHARD PREBBLE (Leader—ACT NZ): I move, That the Truth in Sentencing Bill be now read a second time. It is my intention . . .

Re-referred because of member’s words. Subheading is “Referral”. Ending.

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BUSINESS OF SELECT COMMITTEES Hon WYATT CREECH (Leader of the House): I move, That (i) the Agricultural Compounds Bill and the Irradiation Plant Public Consultation Bill be referred to the Transport and Environment Committee; (ii) paragraph (iv) of the House's resolution . . .; (iii) the Parliamentary Privilege Bill be referred to the Standing Orders Committee, and (iv) in relation to the bills referred above, the Transport and Environment Committee and Standing Orders Committee be . . Motion agreed to.

Motion to refer two bills to one select committee and one bill to another select committee. Use this heading when it is impractical to specify the bills concerned. The heading is used as the motion also includes a rescission of a resolution and an instruction to two select committees. (The motion will usually be brought in as an incorporation.) Ending.

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BUSINESS OF SELECT COMMITTEES Reporting Dates

JOHN CARTER (Senior Whip—NZ National): I seek leave of the House to defer the report back of the Health and Safety in Employment Amendment Bill, which is before the Social Services Committee, because the caucuses are not meeting next week and it needs to be discussed with the caucuses . . . Mr SPEAKER: Leave is sought for that extension. Is there any objection? There appears to be no objection.

Leave sought to extend reporting time for a bill or bills. Items of business relating to the running to select committees are not indexed under bill name.

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BUSINESS OF SELECT COMMITTEES Reporting Dates

Rt Hon JONATHAN HUNT (Leader of the House): I move, That the House grant the Foreign Affairs and Defence Committee the authority to extend the date for reporting back the inquiry into the manufacturing of the defoliant Agent Orange in New Zealand beyond 10 October 1989. Motion agreed to.

Motion to extend reporting time for an inquiry. Ending.

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Precedent Manual: Sitting Suspended and House Adjourned 16 July 2004

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BUSINESS OF SELECT COMMITTEES Mr TERRIS (Western Hutt): I move, That the guidelines for chairpersons of select committees be printed, and that: first, the guidelines for chairpersons of select committees be published by GP Print and made available for sale; second, a special limited edition be produced for secretaries of chairpersons of select committees; and, third, the issues concerning the Standing Orders raised by the Minister of Housing be considered by the Standing Orders Committee in its future examination of procedures. A copy of the guidelines . . . Motion agreed to.

Guidelines for chairpersons. Ending.

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BUSINESS OF THE HOUSE Hon Dr MICHAEL CULLEN (Leader of the House): Pursuant to an agreement in the Business Committee I seek leave for the order of the House of 5 October 1999, giving continuing confidentiality to evidence to the Justice and Law Reform Committee in the course of its inquiry into INCIS, to be revoked.

Rescission of an order on resolution relating to an inquiry. This matter related to an inquiry and had also been the subject of Speakers’ rulings—unusual.

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SALE OF LIQUOR AMENDMENT BILL (NO 2) Referral to Justice and Law Reform Committee

Hon ROGER SOWRY (Leader of the House): I seek leave for the decision that the House made on 17 March regarding the Sale of Liquor Amendment Bill (No 2) to be rescinded, and for the bill to be transferred from the Commerce Committee to the Justice and Law Reform Committee. Mr SPEAKER: Is there any objection to that course being followed? There is not. The bill will be considered by the Justice and Law Reform Committee.

Rescission of an order resolution relating to a The subheading “Referreflects the purpose of tmotion. Note: “decision”—use member says.

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SALE OF LIQUOR AMENDMENT BILL (NO 2) Referral to Commerce Committee

Hon WYATT CREECH (Deputy Prime Minister), on behalf of the Leader of the House: Finally, I seek leave for the order of the House of 19 November 1998 referring the Sale of Liquor Amendment Bill (No 2) to the Justice and Law Reform Committee to be rescinded and for the bill to be referred to the Commerce Committee. Mr SPEAKER: Is there any objection to that course being followed? There appears to be none. That will be so referred.

Note: order is rescinded. Replace colon with comma and insert obom pro forma.

SITTING SUSPENDED AND HOUSE ADJOURNED

(s.o. 43, 47-57)

When a sitting of the House (or Committee) is interrupted temporarily—usually for a meal break—it is suspended. At the end of the suspension the House (or Committee) resumes its business. The period of the suspension is indicated in Hansard in the form of an editorial comment. At the conclusion of each sitting day the House adjourns until its next sitting day (s.o. 47(1)). The time at which the House adjourns is included in Hansard in the form of an editorial comment. Meal breaks. Tuesday and Wednesday sittings are suspended from 6 p.m. to 7.30

p.m. so that members can have dinner (s.o. 43(2)). Under urgency, meal breaks are taken between 1 p.m. and 2 p.m., and between 6 p.m. and 7 p.m. (s.o. 55(2)(c)). A member may seek leave for the House to rise early for dinner or lunch. If urgency is taken on a Thursday, the sitting is suspended from 6pm to 7.30pm (s.o. 55(2)(b)). A member who continues speaking after a meal break is set up without his or her designation. If the member begins by repeating by what he or she was saying before the House was suspended, those words are omitted from the text. For example, the words “Before the dinner break I was speaking on the Hazardous Substances and New Organisms Bill, and I had just made a point about waste disposal.” would be omitted; the preceding text would show what the member had

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been saying. House adjourns. On Tuesdays and Wednesdays the House adjourns at 10 p.m.

On Thursdays it adjourns at 6 p.m. (s.o. 43). A member may seek leave for the House to adjourn early. Only a Minister may move that the House be adjourned (s.o. 47 (2)).

Adjournment motions. See DEB9.

Urgency. Under urgency a sitting may be extended, and the House may be

suspended overnight. See the examples on SIT5. Insert “Debate interrupted.” if the matter under debate is not finished when the sitting is suspended overnight.

Speaker suspends sitting. The Speaker/Chair may suspend a sitting or adjourn

the House in order to maintain order (s.o. 48). See the EARTHQUAKE, FIRE, AND EMERGENCY DRILL section for sitting suspended due to emergencies etc.

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CONTENTS SITTING SUSPENDED House rises for dinner .................................................................................................. SIT3 Member interrupted mid-sentence by House rising for dinner.................................... SIT3 Leave sought for House to rise early for dinner .......................................................... SIT3 Leave sought for House to rise early for dinner—seeking of leave included.............. SIT4 Debate interrupted when sitting suspended ................................................................. SIT4 Leave sought for House to rise early for dinner; leave denied .................................... SIT4 Lunch adjournment ...................................................................................................... SIT4 Dinner adjournment under urgency ............................................................................. SIT4 Overnight suspension under urgency........................................................................... SIT5 Speaker suspends sitting .............................................................................................. SIT5 HOUSE ADJOURNED House rises at end of day ............................................................................................. SIT6 Member interrupted mid-sentence by House rising at end of day ............................... SIT6 Leave sought for House to rise early at end of day...................................................... SIT6 Leave sought for House to rise early at end of day—seeking of leave included......... SIT6 House rises at end of urgency ...................................................................................... SIT7 Motions for the House to rise until the ringing of the bell the next day ...................... SIT7

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Hon Simon Upton: The member knows precisely why it didn't come in earlier this year. JOHN BLINCOE: The Minister will be aware that I have been dealing with issues up to the end of 1993. Mr SPEAKER: I am sorry to interrupt the member, but the time has come for me to leave the Chair.

Sitting suspended from 6 p.m. to 7.30 p.m. JOHN BLINCOE: At the adjournment I was speaking on the introduction of the Hazardous Substances and New Organisms Bill and was making the point that, while I very much welcome . . .

House rises for dinner. Omit any reference by the Speaker to the House being suspended unless the member is interrupted mid-sentence. Sitting suspended. A member who continues speaking after the dinner adjournment is set up without his or her designation. Omit the shaded words—unnecessary repetition.

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. . . recommended that the minimum capital requirements and statutory deposits— Mr DEPUTY SPEAKER: I am sorry to interrupt the honourable member, but the time has come for me to leave the Chair.

Sitting suspended from 6 p.m. to 7.30 p.m. Hon PHIL GOFF: When the House adjourned I was talking about the origins of the bill and making the point that the bill predominantly puts into effect . . .

Member interrupted mid-sentence by House rising for dinner—include the Speaker's words (see the Style File F11.1). Sitting suspended. Member resumes speaking. Omit the shaded words—unnecessary repetition. Underlined words added to make sense of sentence.

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SITTINGS OF THE HOUSE JOHN CARTER (Senior Whip—NZ National): As we have made good progress this afternoon I suggest that now is an appropriate time for you to leave the Chair, to resume at 7.30 p.m. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.


Leave sought for House to rise early for dinner. Leave granted. Omit the shaded words as the information they contain is conveyed in the sitting suspended comment. Sitting suspended.

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SITTINGS OF THE HOUSE ROGER SOWRY (Junior Whip—NZ National): Given that we have made progress, I seek leave that the House now rise until 7.30 p.m. Mr SPEAKER: I take it we are returning for the adjournment debate without the inclusion of Government notice of motion No. 5. Leave is sought for that purpose. Is there any objection? There appears to be none.


Leave sought for House to rise early for dinner—seeking of leave included because of information contained in comment made by the Speaker. Sitting suspended.

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. . . especially when he calls a casino an icon, a religious symbol. Debate interrupted.

Sitting suspended from 1 p.m. to 2 p.m.

BUSINESS STATEMENT Hon PAUL EAST (Attorney-General), on behalf of the Leader of the House: It is intended that at the end of the . . .

Debate interrupted when sitting suspended. Sitting suspended. (Lunch under urgency.) Debate does not resume after sitting is resumed. Replace colon with comma and insert obom pro forma.

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SITTINGS OF THE HOUSE JOHN CARTER (Junior Whip—NZ National): Now might be an appropriate time for the House to rise until 7.30 p.m. I seek leave for the House to do so, and if it is not granted a motion will be moved. The TEMPORARY SPEAKER (Robert Anderson): Is there any disagreement with that course of action? There is objection. Rt Hon W F BIRCH (Minister of Health): I move, That this sitting be now suspended until 7.30 p.m. In speaking . . . The hour set down for the suspension of the sitting having arrived, the motion lapsed.


Leave sought for House to rise early for dinner; leave denied. Put what the Speaker says but omit response of member(s). Motion is debated. Ending. Once 6 p.m. is reached the House must rise. Sitting suspended. (Dinner adjournment).

hadj4 Sitting suspended from 1 p.m. to 2 p.m. Lunch adjournment under urgency.

hadj5 Sitting suspended from 6 p.m. to 7 p.m. Dinner adjournment under urgency.

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Debate interrupted.

Sitting suspended from 6 p.m. to 9 a.m. (Wednesday)

Overnight suspension under urgency—insert day.

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Hon RICHARD PREBBLE (Minister of Transport) : I raise a point of order, Mr Speaker. I believe that a member who leaves the Chamber in that fashion should be named . . . Mr SPEAKER: Indefinitely. If necessary, in order to have order in the House I will suspend the sitting until he is returned. I ask the Serjeant-at-Arms to lift the mace. I am adjourning the House until the member for Whangarei returns. If the Leader of the Opposition wishes to continue his speech I suggest that he exercise the customary discipline.


NAMING AND SUSPENSION OF MEMBER Mr SPEAKER: When the member for Whangarei was . . .

Speaker suspends sitting—unusual. Sitting suspended. The member for Whangarei is named. See WNS4 for further examples.

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. . . by the side, they still kept on at 25 percent. Frankly, I expected things to change. Debate interrupted.


House rises at end of day. Ending if debate not completed. House adjourns.

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. . . The definition of “community” has been broadened, as a previous speaker referred to—

Mr SPEAKER: I am sorry to interrupt the honourable member, but the time has come for me to leave the Chair. Debate interrupted.


Member interrupted mid-sentence by House rising at end of day—include the Speaker's words. Ending if debate not completed. House adjourns.

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SITTINGS OF THE HOUSE Hon MAURICE McTIGUE (Minister of Labour): Mr Speaker, the House has made very good progress today, and I suggest that now might be an appropriate time for you to leave the Chair.


Leave sought for House to rise early at end of day. Leave granted. Omit the shaded words as they contain no extra information. House adjourns.

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SITTINGS OF THE HOUSE JOHN CARTER (Senior Whip—NZ National) : Mr Speaker, we have made very good progress tonight, and I suggest now would be an appropriate time for you to leave the Chair. Rt Hon JONATHAN HUNT (Senior Whip—NZ Labour): We did have an undertaking from the Government. There is quite a big change to the Births, Deaths, and Marriages Bill, which is the next bill. A Supplementary Order Paper was submitted that we want to have the weekend to consider. I thank the Minister for supplying some briefing notes, as he promised to do for us.


Leave sought for House to rise early at end of day—seeking of leave included because of information contained in comments made by the senior whip—NZ Labour. House adjourns.

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Precedent Manual: Speakership, Chairpersonship 16 July 2004

hadj2 The House adjourned at 7.33 p.m. (Wednesday) House rises at end of urgency.

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SITTINGS OF THE HOUSE Rt Hon DON McKINNON (Leader of the House): I move, That the House do, at its rising, adjourn until the ringing of the bell on Tuesday, 17 August. That is for the luncheon for the United Kingdom parliamentary delegation. Motion agreed to. Rt Hon DON McKINNON (Leader of the House): I move, That the House do, at its rising on Wednesday, 18 August, adjourn until the ringing of the bell on Thursday, 19 August. Motion agreed to.

Motions for the House to rise until the ringing of the bell the next day (usually between 2 p.m. and 3 p.m., after an official function has finished). Ending. Further motion. Ending.

SPEAKERSHIP, CHAIRPERSONSHIP (s.o. 2, 15-33, 172; Speakers’ Rulings)

The Speaker is the highest officer elected by the House. He or she presides over deliberations in the House, keeps order, and determines points of procedure. The Speaker is elected by members during the commission opening of Parliament. See s.o. 15-24. The House also appoints a Deputy Speaker (s.o. 26), who, in the absence of the Speaker, may perform the duties and exercise the authority of the Speaker in relation to all proceedings of the House, both during sittings and adjournments of the House and during recesses of Parliament (s.o. 27). The Deputy Speaker also is the Chair of the Committee of the whole House (s.o. 172(1)). The House may appoint up to two members to be Assistant Speakers (s.o. 28). An Assistant Speaker can serve as Chair of the Committee of the whole House (s.o. 172(1)). The Speaker and the Chair may, while presiding over the House or the Committee of the whole House, ask any member to be a temporary Speaker or temporary Chair (s.o. 33, 172(2)). If an appointed Chair (the Deputy Speaker or an Assistant Speaker) is not present

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when the House is about to go into Committee, leave is sought to appoint an Acting Chairperson; in that situation a member cannot be asked to serve as Temporary Chairperson, because only an appointed Chairperson can ask a member to do that. Speakers’ rulings. The Speaker from time to time makes decisions on procedural

matters for which the Standing Orders do not provide (s.o. 2). Such decisions are known as Speakers’ rulings, and are to be found in the book of that name. Any reference by a member to a Speaker’s ruling must be checked. The Word Style Book entry “Speaker” gives the format for a reference to a Speaker’s ruling. The Speaker in making a new ruling may read from a prepared statement. The House Office provides Hansard with a copy of such statements. Do not deviate from the wording of them even if the Speaker does (capitalisation, punctuation, and hyphenation changes are permissible, but should be kept to a minimum.) Prepared rulings have been carefully compiled by the Clerk and they set precedents for the future.

Speaker’s Statement. This heading is used for comments like investigating

members’ complaints re sound and why the airconditioning or heating isn’t on; or for matters relating to his role as the Chairman of the Parliamentary Service Commission.

Speaker’s Observation. These are the sometimes off-the-cuff comments the

Speaker makes, such as noting a happening like a cricket score, that it is the international day of whatever, or the announcement of the birth of an MP’s baby.

Deputy Speaker, Chairperson. When the Deputy Speaker is presiding over the

House, he or she is set up as “Mr/Madam DEPUTY SPEAKER”, and may be referred to in text as “Mr/Madam/the Deputy Speaker.”. When chairing the Committee of the whole House he or she is set up as “The CHAIRPERSON (Ian Revell)”, and may be referred to in text as “Mr/Madam/Chairperson/Chairman/Chairwoman”, or the Chair, the chairperson, the chairman, or the chairwoman. See SPK6.

(continued)

Assistant Speaker/Chair. An Assistant Speaker is set up as “The ASSISTANT

SPEAKER (Marie Hasler)” when presiding over the House, and may be referred to in text as “Mr/Madam/the Assistant Speaker”. When chairing the Committee of the whole House he or she is set up as “The CHAIRPERSON (Marie Hasler)”, and may be referred to in text as “Mr/Madam/Chairperson/Chair/Chairman/Chairwoman”, or the Chair, the chairperson, the chairman, or the chairwoman. See SPK6.

Temporary Speaker/Chair. A member who is asked by the Speaker to take over

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the Chair is set up as “The TEMPORARY SPEAKER (Roger Sowry)”, and may be referred to in text as “Mr/Madam/the Temporary Speaker”. A member who is asked to take over the Chair when the House is in Committee is set up as “The TEMPORARY CHAIRPERSON (Joy McLauchlan)”, and may be referred to in text as “Mr/Madam/the Temporary Chairperson/Chair/Chairman/Chairwoman”or the temporary chairperson, the temporary Chair, the temporary chairman, or the temporary chairwoman. See SPK6.

Acting Chair. An Acting Chairperson may be appointed by the leave of the

House if no appointed Chairperson (the Deputy Speaker or an Assistant Speaker) is present when the House is about to go into Committee. The member is set up as “The ACTING CHAIRPERSON (Jonathan Hunt)”, and may be referred to in text as “Mr/Madam/the Acting Chairperson/Chair/Chairman/Chairwoman” or the acting chairperson, the acting Chair, the acting chairman, or the acting chairwoman.

“You”. The Speaker or chairperson in the Chair is the only member whom

members in the House may refer to in the second person. “Chair”. When a member uses the words “Chair” to refer to the office of Speaker

or chairperson, or to a member holding either of those offices, always use a capital C, as in: “I seek a ruling from the Chair.” and “You were not in the Chair at the time, Mr Speaker.”

CONTENTS Election of Speaker ................................................................................................ OP5; SPK3 Confirmation of Speaker........................................................................................ OP6; SPK3 Appointment of Deputy Speaker ........................................................................... AP2; SPK4 Amendment to motion .....................................................................................................SPK4 Vote on amendment .........................................................................................................SPK4 Vote on motion.................................................................................................................SPK4 Appointment of Assistant Speaker ........................................................................ AP2; SPK4 Speaker recalled to rule on matter raised in Committee of the whole House ................SPK4 Speaker's rulings ..............................................................................................................SPK5 Speaker's statements.........................................................................................................SPK5 Speaker’s observations.....................................................................................................SPK5 References to the presiding officer..................................................................................SPK6

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ELECTION OF SPEAKER Hon DOUG KIDD (NZ National—Kaikoura): The Clerk, I declare my nomination for the office of Speaker. Rt Hon JONATHAN HUNT (NZ Labour): The Clerk, I declare my nomination for election of Speaker. A personal vote was called for on the question of the election of the Speaker. Ayes 70

Anae English McLauchlan Shipley Awatere-Huata Fletcher McLean Shirley Banks Gerard Mapp Simcock Batten Graham Mark Simich

[and other names . . .] Noes 50

Anderton Fitzsimons Kelly Robson Barker Gillon King Samuels Barnett Goff Kopu Sutherland Braybrooke Gordon Lee Sutton

[and other names . . .] Douglas Lorimer Kidd was elected as Speaker. Mr SPEAKER-ELECT: Honourable members, thank you for this appointment especially those who voted for me. As to those who did not . . .

Election of Speaker. Takes place during commission opening (day on which members are sworn, and before State opening of Parliament). The Clerk calls for nominations (s.o. 15-16). A member nominates himself/herself. No question is proposed and there is no debate.

If two members are nominated a personal vote is held.

The elected member takes the Chair as Speaker-elect until confirmed by the Governor-General.

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FRIDAY, 13 DECEMBER 1996 Mr Speaker took the chair at 10 a.m. Prayers.

ELECTION OF SPEAKER Mr SPEAKER: I have to report that, accompanied by members, I waited upon His Excellency the Governor-General at Government House yesterday when I addressed His Excellency as follows: May it please Your Excellency: In obedience to Your Excellency's commands . . . I desire to repeat my respectful acknowledgment to the House of the high honour it has done me in electing me to be its Speaker. Pending the arrival of the Commission, we will await the summons to attend His Excellency the Governor-General.

Confirmation of Speaker. Takes place next day (State opening).

See OP6 for a complete version.

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Rt Hon DON McKINNON (Leader of the House): It is my wish to move, That Ian Murray Revell be appointed Deputy Speaker. I am not unaware of the fact that this particular issue is . . . Rt Hon HELEN CLARK (Leader of the Opposition): I move, That the name “Ian Murray Revell” be omitted, and the name “Rt Hon. Jonathan Lucas Hunt” be inserted. I begin my remarks with a word directly to Mr Revell, the member for Northcote, to say . . . A party vote was called for on the question, That the name “Ian Murray Revell” be omitted, and the name “Rt Hon. Jonathan Lucas Hunt” be inserted. Amendment negatived. A party vote was called for on the question, That Ian Murray Revell be appointed Deputy Speaker. Motion agreed to.

Appointment of Deputy Speaker (see also AP2). Motion. Amendment to motion. Vote on amendment—amendment must be restated. Ending. Vote on primary motion. Ending.

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Rt Hon DON McKINNON (Leader of the House): I move, That Peter Hilt, the member for Glenfield, be appointed an Assistant Speaker. Motion agreed to.

Appointment of Assistant Speaker (see also AP2). Ending.

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Dr MICHAEL CULLEN (Leader of the House): I move, That the Speaker be recalled to give a ruling on the matter. Motion agreed to, and House resumed.

Speaker Recalled The CHAIRPERSON (Peter Hilt): Mr Speaker, on the motion of the member for St Kilda the House has agreed to ask me to report progress and to seek your ruling on the following issue. The amendments . . . Mr SPEAKER: It seems to me there are two matters I ought to comment on . . . I rule that the Chairperson has acted correctly. I will report at some later date on the more academic matter of whether it is appropriate for a member to propose a measure that might involve an appropriation.

In Committee Debate resumed. Clause 5. Functions of Minister (continued) Hon TREVOR MALLARD (Minister of Education): We all know what a terrible . . .

Speaker recalled to rule on matter raised in Committee of the whole House. For further examples see the Committee Manual. The Speaker returns to the Chair. Members speak. Speaker rules.. NB: “continued”.

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SPEAKER'S RULINGS Urgent Public Debate

Mr SPEAKER: Last week, following a ruling that I gave on an application for an urgent debate . . .

Speaker's ruling. If a prepared ruling is given, do not change the wording. Capitalisation, punctuation, and hyphenation changes are permissible but should be kept to a minimum.

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SPEAKER'S RULINGS Select Committees—Attendance of Witnesses

Mr SPEAKER: It has been drawn to my attention that, on occasion, witnesses have been requested to attend select . . .

Speaker's ruling. Further example.

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SPEAKER'S STATEMENTS Heating in the Chamber

Mr SPEAKER: Members may have noticed that there is a fault in the heating . . .

Speaker's statement. Heading for comments to do with House matters such as sound, heating, etc., or the Speaker’s role as the Chairman of the Parliamentary Service Commisson.

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SPEAKER'S OBSERVATIONS International Women’s Day

Mr SPEAKER: Members are reminded that today is International Women’s Day . . .

Speaker's observation. Heading for off-the-cuff comments not about Parliamentary matters.

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Precedent Manual: Standing Orders 16 July 2004

REFERENCES TO THE PRESIDING OFFICER

SETTING UP IN POINTS OF ORDER*

MINISTER TO BE PRESENT TEXT**

Mr/Madam SPEAKER: Mr/Madam Speaker

the Speaker Mr/Madam/the Speaker

Mr/Madam DEPUTY SPEAKER:

Mr/Madam Speaker

the Deputy Speaker

Mr/Madam/the Deputy Speaker

The ASSISTANT SPEAKER (…):

Mr/Madam Speaker

the Assistant Speaker

Mr/Madam/the Assistant Speaker

The CHAIRPERSON (…):

Mr/Madam Chairperson

the Chairperson Mr Madam Chairperson/Chair/ Chairman/Chairworman; the Chairperson/Chair/Chairman/Chairwoman

The TEMPORARY SPEAKER (…):

Mr/Madam Speaker

the Temporary Speaker (…)

Mr/Madam Temporary Speaker; the temporary Speaker

The TEMPORARY CHAIRPERSON (…):

Mr/Madam Chairperson

the Temporary Chairperson (…)

Mr/Madam Temporary Chairperson/Chair/Chairman/Chairwoman; the temporary Chairperson/Chair/Chairman/Chairwoman

* Title to be used in the set phrase “I raise a point of order, Mr/Madam…”. ** “Sir” or “Madam” on their own are not acceptable.

STANDING ORDERS (Standing Orders of the House of Representatives, esp. s.o. 1-6)

The Standing Orders are rules for the conduct of proceedings in the House and for the exercise of powers possessed by the House. When a point of procedure needs to be

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established, the first resort is to the Standing Orders. They remain in force until suspended or amended. The Standing Orders are to be found in the book Standing Orders of the House of Representatives (latest version September 1999). All staff should have a copy. Any reference by a member to a Standing Order must be checked. The Word Style Book entry “Standing Orders” gives the format for a reference to a Standing Order. Standing Orders Committee. Parliament may appoint a Standing Orders

Committee, which reports to the House draft amendments to the Standing Orders (see the first example on STO2). The proposed amendments are then considered by the Committee of the whole House. After it has fully considered and agreed to them they are reported back to the House, which formally adopts them. The heading used is “STANDING ORDERS”. See the second and third examples on STO2.

Sessional orders. A sessional order is a temporary order of the House that a

different procedure be followed in respect of a particular matter. A motion is moved that the appropriate Standing Order be amended. Sessonal orders can be found in Mabel. In the Hansard index, the heading used is “STANDING ORDERS—SESSIONAL”. See the first example on STO3.

Suspension. A Standing Order may be suspended in whole or in part (see s.o. 4).

The motion may be moved with or without notice, but if it is moved without notice there must be at least 60 members present at the time it is moved. The motion to suspend the Standing Orders cannot interrupt a debate and no amendment may be moved to the motion. Generally, a motion to suspend the Standing Orders may be moved only by a Minister, but it can be moved by a private member to permit some bill, clause, or other matter of which the member has charge to proceed or be dealt with without compliance with the Standing Order concerned. The heading used is “STANDING ORDERS—SUSPENSION”. See the second and third examples on STO3. A motion to suspend a Standing Order in relation to the sitting of a select committee is dealt with under the SELECT COMMITTEES—MEETINGS section (SC7).

CONTENTS Appointment of Standing Orders Committee .................................................................STO2

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House goes into Committee to consider amendments recommended by the Standing Orders Committee ..........................................................................................................................STO2 House adopts amendments—after Committee stage ......................................................STO2 House adopts amendments—heading required...............................................................STO2 Sessional order .................................................................................................................STO3 Suspension—motion........................................................................................................STO3 Suspension—leave...........................................................................................................STO3

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SELECT COMMITTEES Appointments

Hon Dr MICHAEL CULLEN (Leader of the House): I move, That a Standing Orders Committee of 10 members be established to examine and report on the procedures of the House and select committees. Motion agreed to.

Appointment of Standing Orders Committee. Ending.

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STANDING ORDERS Rt Hon JONATHAN HUNT (Senior Opposition Whip): I move, That the House do resolve itself into Committee to consider the proposed new Standing Orders set out in Part Two of the Report of the Standing Orders Committee. Motion agreed to.

In Committee Chapter I TAU HENARE (Northern Māori): I want to talk about the position of Leader of the Opposition, which is in Chapter I: General Provisions and Office-holders. It is my . . . Chapter agreed to. Appendices agreed to. Standing Orders reported with amendment, and House resumed. Hon WYATT CREECH (Minister of Revenue): I move, That the proposed new Standing Orders as amended be adopted and come into force as Standing Orders of the House on Tuesday, 20 February 1996. Motion agreed to.

House goes into Committee to consider amendments recommended by the Standing Orders Committee. Ending. Ending. End of Committee stage. House adopts amendments—after Committee stage. No heading required. Ending. Hansard, Volume 552, at pages 10786 to 10860.

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STANDING ORDERS Rt Hon DON McKINNON (Leader of the House): I move, That the amendments to the Standing Orders set out in Annex A to the Report of the Standing Orders Committee on its Review of the Operation of the Standing Orders 1996 be adopted and come into force on 6 September 1996. Motion agreed to.

House adopts amendments—heading required. Ending.

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Precedent Manual: Tabling of Documents 16 July 2004

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STANDING ORDERS—SESSIONAL Rt Hon DON McKINNON (Leader of the House): I move, That on a personal vote the bells are rung for 7 minutes—Standing Order 146(1)(a) is to be read accordingly. Motion agreed to.

Sessional order. Ending.

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STANDING ORDERS—SUSPENSION Rt Hon DON McKINNON (Leader of the House): I move, That Standing Orders be so far suspended as to permit the debate on the motion for the adjournment of the House to continue beyond 6 p.m. and to extend the sitting of the House accordingly. Jack Elder: I gather that this is a debatable motion. Mr SPEAKER: It is. Rt Hon DON McKINNON: It is with a great degree of reluctance that one moves such a motion in the House. We have just moved the first urgency motion in this House for nearly . . . Motion agreed to.

Suspension—motion. Ending.

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STANDING ORDERS—SUSPENSION Hon BRUCE CLIFFE (Minister for Accident Rehabilitation and Compensation Insurance): I seek the leave of the House that Standing Orders relating to the introduction of bills and the preliminary notice and inspection procedures for members’ bills be suspended so as to permit the introduction today of the Watercare Services Limited (Auckland Emergency Water Supply) Bill. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none.

Suspension—leave.

TABLING OF DOCUMENTS (s.o. 361; Speakers’ Rulings pp 123-128)

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In front of the Speaker there is a large table at which the Clerk of the House sits when the Speaker is in the Chair, and from which the Chair presides when the House is in Committee. Documents presented by Ministers to the House during the course of a session, and documents, videotapes, and so on tabled by members with the House's permission during the course of debates or other proceedings, are physically laid on this table. The former remain there until the session ends; the latter are removed to the House Office the next day for safekeeping. The Assistant Parliamentary Officer (Indexing) collects photocopies each morning of documents tabled the previous day and puts them with the papers from that day in the subeditors' room. Hansard records a member seeking the permission of the House to table a document, videotape, and so on. Leave granted. When leave to table a document is granted, the Speaker’s

question to the House, the response of members, and the Speaker giving the result are omitted from the text. An editorial comment is inserted stating that the document has been tabled with the leave of the House. See the first and third examples on TD3.

Leave declined. When leave is declined, the seeking of leave, the Speaker’s

question to the House, and the Speaker giving the result are included. See second example on TD3.

“I raise a point of order, Mr/Madam Speaker/Chairperson.” Members often

say “I raise a point of order, Mr/Madam Speaker/Chairperson.” before seeking the leave of the House to table a document. If leave is granted, those words must be omitted from the text.

Tabling in subsequent speech. If a members concludes his or her speech, then,

during the subsequent speech as an afterthought, seeks leave to table a document, the seeking of leave etc. may be moved to the end of the original speech. If the leave is sought between subsequent speakers or later in the debate it should remain where it ocurred chronologically. The same principle applies to question time; if leave is sought to table a document relating to the previous question, the seeking of leave etc. may be moved to the end of the question to which it relates.

Tabling by a Minister under s.o. 362. If a Minister quotes from a document

relating to public affairs a member may, on a point of order, require the Minister to lay the document on the Table. Unless it is confidential, the Minister must table it. Leave is not sought or given. (Speakers’ rulings on pp 123-128.) See third example on TD4.

Not tabled. When leave is sought and given but the document is not eventually

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tabled, data collection practice is to report the member seeking leave and the tabling of the document/s. When the Journals are checked, the subeditor or compiler will removed the “Document/s, by leave, laid on the Table of the House” ending and replace it with the “Document/s not tabled” ending. See TD5.

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CONTENTS Document tabled outside debate ...................................................................................TD3 Leave sought outside debate to table document—leave denied ...................................TD3 Document tabled during debate ....................................................................................TD3 Leave sought during debate to table documents—leave denied ...................................TD4 Document tabled in relation to presentation of a petition.............................................TD4 Tabling of speech notes ................................................................................................TD4 Tabling by a Minister under s.o. 361 ............................................................................TD4 Documents not tabled ...................................................................................................TD5

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TABLING OF DOCUMENTS Transcript Of Midday And Rural Report

Mr McKINNON (Deputy Leader of the Opposition): I raise a point of order, Mr Speaker. I seek leave to table the transcript of Midday and Rural Report, which states that the spot oil price is now US$28 a barrel. Mr SPEAKER:Is there any objection? There appears to be none. Document, by leave, laid on the Table of the House.

Document tabled outside debate. The member may say “I raise a point of order, Mr Speaker.”, but these words are not recorded. Omit the shaded words. Ending. NB: “document” or “documents”. Subs check next day and replace with “Document/s not tabled.” if necessary.

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NICK SMITH (Tasman): I seek the leave of the House to table documents regarding attempts made by Apple Fields Ltd of Christchurch to sabotage commercially New Zealand's exports to the United States. I think the documents would be of much interest to members of this House. Mr SPEAKER:Leave is sought for that purpose. Is there any objection? Hon Member:Yes. Mr SPEAKER:There appears to be objection.

Leave sought outside debate to table document—leave denied. The heading is “TABLING OF DOCUMENTS” and the subheading is the subject. Omit the words “I raise a point of order, Mr/Madam Speaker/Chairperson.” Put what the Speaker says but omit response of member(s).

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Hon RICHARD PREBBLE:Given that there are guidelines, I now . . . I raise a point of order, Mr Speaker. I seek leave to table a document, which is an extract from a document by the police chief inspector of firearms and tactical groups. It compares various short lists for body armour and states that there was intervention by the Minister. Mr SPEAKER: Leave is being sought to table a document. Is there any objection? There appears to be none. Document, by leave, laid on the Table of the House.

Document tabled during debate does not have a heading. The member may say “I raise a point of order, Mr Speaker.”, but these words are not recorded. Omit the shaded words. Ending. NB. “Document” or “Documents”. Subs check next day day and replace with “Document/s not tabled.” if necessary.

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. . . and that is all I have to say on this subject. I seek leave to table the documents I have mentioned in my speech. Mr SPEAKER: Leave is being sought to table documents. Is there any objection? Hon Members: Yes. Mr SPEAKER: There is objection.

Leave sought during debate to table documents—leave denied. Put what the Speaker says but omit response of member(s).

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TABLING OF DOCUMENTS Petition—J Furneaux

The Clerk read petitions for presentation. LIANNE DALZIEL (Christchurch Central):I seek the leave of the House to table the 6,000 signatures collected by the Bikers Rights Organisation of New Zealand as evidence in support of . . . Mr SPEAKER: Is there any objection? There appears to be none. Document, by leave, laid on the Table of the House.

Document tabled in relation to presentation of a petition by the Clerk, which is not normally recorded. Omit the shaded words. Ending. NB: “Document” or “documents”. Subs check next day and replace with “Document not tabled.” if necesary..

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Hon DAVID CAYGILL (Deputy Leader of the Opposition):I seek leave to table my speech notes. Mr SPEAKER: The member has sought leave to table speech notes. Is there any objection to leave being granted? There appears to be none. Speech notes, by leave, laid on the Table of the House.

Tabling of speech notes—unusual. Omit the shaded words. Ending.

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Rt Hon JONATHAN HUNT (NZ Labour):I raise a point of order, Mr Speaker. I refer you, Mr Speaker, to Standing Order 361: “Whenever a Minister quotes from a document relating to public affairs a member may, on a point of order, require the Minister to lay the document on the Table.” Since the Deputy Prime Minister has referred to two documents that are obviously matters relating to public affairs, I ask that he be required to table them. Rt Hon WINSTON PETERS (Deputy Prime Minister):I am entirely happy to table my letter to the Governor-General and my letter to the Prime Minister. . . I am very happy to table them. Mr SPEAKER: Thank you, Mr Peters. They are tabled as of right in terms of the Standing Orders. Hon KEN SHIRLEY (Deputy Leader—ACT NZ): This is a time for action, not for words . . . Rt Hon Jonathan Hunt: I raise a point of order, Mr Speaker. I apologise for interrupting the Hon. Ken Shirley's speech, but I understand that the Prime Minister and Mr Birch are trying to stop the Deputy Prime Minister from tabling the letters. The House has given leave for that to happen. Rt Hon Winston Peters: I can give an assurance that that is not what was being asked of me. They were concerned .. .. Documents laid on the Table of the House.

Tabling by Minister under s.o. 361. (13.08.1998) Point of order raised to require Minister to table. Ending. NB: Not—“by leave”.

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Precedent Manual: Valedictories 16 July 2004

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Hon WINSTON PETERS (Leader—NZ First): I seek leave to table these documents, which contain absolute proof of the allegations I have made. Mr SPEAKER: The member has sought leave to table documents. Is there any objection to leave being granted? There appears to be none. Documents not tabled.

Documents not tabled. Omit the shaded words. Ending. Not known by Data Collection staff—typically inserted by subeditor or compiler after Journals checked.

VALEDICTORIES

Valedictory speeches are given at the end of a session, and begin with an adjournment motion. If there are no valedictory speeches the heading is ADJOURNMENT; see the DEBATES section (DEB7-8). Valedictory statement. A valedictory speech given during a session by a member

who is resigning his or her seat is called a valedictory statement. Any changes to the speech should be avoided or made with great caution. (See the Style File A3.1—last paragraph).

CONTENTS End of Parliament before general election .....................................................................VAL2 End of session at end of year ..........................................................................................VAL2

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Precedent Manual: Valedictories 16 July 2004

Valedictory statement .....................................................................................................VAL2

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Precedent Manual: Vetoes 16 July 2004

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ADJOURNMENT—VALEDICTORIES Rt Hon JENNY SHIPLEY (Prime Minister):I move, That the House do now adjourn until 26 October 1999, I want to pay tribute to and thank all those members . . . Rt Hon HELEN CLARK (Leader of the Opposition):This has been a remarkable 3-year term . . . Hon GRAEME LEE (Leader of the Christian Democrats):I ask the indulgence of the House for my . . . Mr SPEAKER: The valedictories having concluded, there only remains for me to . . . Motion agreed to.


End of Parliament before general election. The date may not be stated. Leaders of other parties are set up as such. Ending.

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ADJOURNMENT—VALEDICTORIES Rt Hon J B BOLGER (Prime Minister):I move, That the House do now adjourn. Hon Members: What a good idea. Rt Hon J B BOLGER: I concur. The year 1992 has been a remarkable one. This is . . . Mr SPEAKER: As I bring this session . . . Motion agreed to.


End of session at end of year. Other members speak. Ending.

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VALEDICTORY STATEMENT JIM GERARD (NZ National): I rise to give my valedictory speech. I thank the House for its tolerance in allowing me some time this afternoon. This place . . .

Valedictory statement. Valedictory speech given during a session.

VETOES (s.o. 312-316)

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Precedent Manual: Vetoes 16 July 2004

Under Standing Order 312 the House cannot pass a bill, amendment, or motion if the Government certifies that, in its view, if it became law it would have “more than a minor impact on the Government's fiscal aggregates”. Similarly, a change to a vote (ie, an appropriation) cannot be passed if it is the Government's view that it would have “more than a minor impact on the composition of the Vote". A certificate is given by delivering it to the Clerk. (s.o. 313(3)). It may be debated when the House next considers the bill, amendment, motion, or vote (s.o. 313(4)). Bill. A certification relating to a bill may be given only when the bill is awaiting

its third reading (s.o. 314(1)). The question will not be put unless the offending provision of the bill has been removed (s.o. 314(3)). The Government may withdraw a certificate at any time by notifying the Clerk in writing (s.o. 314(5)).

Amendment(s) to bill. A certification relating to any amendments recommended

by a select committee may be given before the House agrees to those amendments; the amendments are omitted from the bill (s.o. 315(1)). A certification relating to a proposed amendment to be put in the Committee stage may be given before the question is put; the amendment is out of order, and no question is put on it (s.o. 315(2)). A member must give notice of his or her intention to propose an amendment that may affect the Government’s fiscal aggregates; this is done by lodging it with the Clerk at least 24 hours before the House meets on the day on which the amendment is to be proposed (s.o. 316(1)).

Motion. A certification relating to a motion may be given before the motion is

moved. The motion is then out of order, and the question is not put (s.o. 314(4)). Change to vote. A certification relating to a change to a vote (estimates) may be

given before the change is put; the change is out of order, and no question is put on it (s.o. 315(2)). A member must give notice of his or her intention to move a change to a vote that may have more than a minor effect on the composition of the vote; this is done by lodging it with the Clerk at least 24 hours before the House meets on the day on which the change is to be moved (s.o. 316(1)).

CONTENTS Chairman announces vetoes of proposed amendments to bill in Committee stage..... VET2 Financial veto—amendment ruled out of order ........................................................... VET2 Financial veto withdrawn............................................................................................. VET2

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Precedent Manual: Visitors 16 July 2004

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Part 1 Amendments to principal Act coming into force on 1 December 2000 The CHAIRPERSON (Geoff Braybrooke): Before the debate on Part 1 begins, I would like to inform the Committee that the Government has issued veto certificates in respect of the amendments in the name of Mr Bob Simcock to clauses 6(1), 7, and 8, and the amendment in the name of Mr Rodney Hide to clause 10. The certificates can be debated, of course, in the context of the part. However, because a veto renders the amendments out of order, no question will be put on them at the conclusion of the debate. Copies of the certificates are available at the Table for the inspection of members.

Chairperson announces vetoes of proposed amendments to bill in Committee stage. At the end of the Committee stage no question will be put on the amendments.

ssp The CHAIRPERSON (Eric Roy):The amendment in the name of Richard Worth to clause 11 is ruled out of order under Standing Order 312.

Financial veto—amendment ruled out of order. Put what the chairperson says. Indexed separately—it is necessary to record the reason formally.

ssp The CHAIRPERSON (Ann Hartley): The Government has withdrawn the financial veto relating to clause 6.

Financial veto—withdrawn. Put what the Chairperson says.

VISITORS

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Mr Speaker announces the presence of visitors in the House. His words can usually be found on the drill sheet.

CONTENTS Heading .............................................................................................................................VIS2 Accompanied.....................................................................................................................VIS2 Two groups........................................................................................................................VIS2 Unaccompanied.................................................................................................................VIS2 Question time interrupted .................................................................................................VIS3

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VISITORS Prime Minister of Tuvalu

Mr SPEAKER: I have much pleasure in informing members that the Hon. Bikenibeu Paeniu, Prime Minister of Tuvalu, accompanied by the Associate Minister of Foreign Affairs, is within the precincts of the Chamber. I am sure that members would wish that he be welcomed and accorded a seat on the left of the Chair. The Hon. Bikenibeu Paeniu, accompanied by the Associate Minister of Foreign Affairs, entered the Chamber and took a seat on the left of the Chair.

Heading is “VISITORS” and subheading is “Position or Designation”. [Applause] only for exceptional cases. Accompanied. If the visitor is already seated, this part is not necessary (see the first example on the next page). Data Collection staff to check.

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VISITORS Senator the Hon. Kerry Sibraa;

Queensland Parliamentary Committee Mr SPEAKER: I have much pleasure in informing members that Senator the Hon. Kerry Sibraa, President of the Senate of the Commonwealth of Australia, accompanied by the Australian High Commissioner and by the Deputy Speaker, is within the precincts of the Chamber. I am sure that members would wish that the visitors be welcomed and accorded seats on the left of the Chair. I also have much pleasure in informing members that members of the Parliamentary Committee for Electoral and Administrative Reform of the Legislative Assembly of Queensland are within the precincts of the Chamber. I am sure that members would wish that they, too, be welcomed. The visitors, accompanied by the Deputy Speaker, entered the Chamber and took seats on the left of the Chair, and the members of the delegation took seats at the rear of the Chamber.

Two groups. NB: The Australian High Commissioner is not considered a visitor, and therefore is not specifically mentioned.

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VISITORS Delegation from Japan

Hon JONATHAN HUNT (Leader of the House): I know that members of the House who are here this evening would be pleased to observe that we have within the precincts of the Chamber a group of representatives from the Japan Parliament, and members of the Japan - New Zealand Parliamentarians Friendship League. I hope that the House might give them a small welcome.

Unaccompanied.

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VISITORS Federal Republic of Germany/New Zealand Parliamentary Friendship

Group Mr SPEAKER: I have pleasure in informing members that members of the Federal Republic of Germany / New Zealand Parliamentary Friendship Group, led by Dr Ulrich Briefs, chairman of the group, and accompanied by the Associate Minister of Transport, the member for Onehunga, are within the precincts of the Chamber. I am sure that members would wish that they be welcomed and accorded seats on the left of the Chair. Members of the Federal Republic of Germany / New Zealand Parliamentary Friendship Group, accompanied by the Associate Minister of Transport, entered the Chamber and took seats on the left of the Chair. Question time resumed.


Ascot Integrated Hospital—Services 10. Hon ANNETTE KING (NZ Labour—Rongotai) to the Minister of Health : As Ascot Integrated Hospital had no medical service . . .


VOTES (s.o. 140-156)

The House makes decisions on matters before it (known as questions) by voting. As soon as debate upon a question is concluded the Speaker/Chair puts the question to the House/Committee (s.o. 140(1)). Every member is entitled to cast one vote (either Aye or No) or to abstain (s.o. 140(2)). Voice vote (s.o. 141). The Speaker/Chair asks members to answer “Aye” or “No”

to the question, then states the result. If there is no further vote (any member present may call for a further vote to be held) the result of the voice vote is inserted in the text.

Party vote (s.o. 142, 144). When a further vote is called for, a party vote is held

(unless the Speaker considers that the subject of the vote is a conscience issue, in

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which case a personal vote is held; see below). The procedure for a party vote is spelt out in Standing Order 145.

Personal vote (s.o. 143, 145-152). There are two reasons for holding a personal

vote: if the Speaker/Chair considers that the subject of a vote is a conscience issue (s.o.143); and if, following a party vote, a member requests one and the Speaker/Chair considers that the party vote was so close that a personal vote might make a material difference to the result (s.o. 145). The procedure for a personal vote is spelt out in Standing Order 146. If there is no teller for the Ayes or for the Noes, the Speaker/Chair immediately declares the result for the other side (s.o. 150). If fewer than 20 members take part in, or abstain on, a personal vote, the vote is of no effect. (s.o. 152).

Proxy vote and abstention (s.o. 155-156). A member may request that a proxy

vote be cast in his or her name, or ask to have an abstention recorded. The procedure is spelt out in Standing Orders 155 and 156. In the case of a proxy vote a (P) is inserted next to the name of the member concerned. Any abstentions are listed after the Ayes and Noes.

Tied votes (s.o. 154 and 298). The Speaker/Chair no longer has a casting vote

(i.e. an extra vote that may be used to decide an issue in the case of a tied vote). If the vote is tied in the House the question is lost. In Committee, the clause, part etc. stands part of the bill, but an amendment or closure is lost. A clause may be struck out of a Statutes Amendment Bill if any member objects.

Errors and mistakes (s.o. 153). A second vote may be taken, or the

Speaker/Chair may correct the result. Vote on primary motion. If there is intervening debate between a primary

motion and a vote on that motion, the motion is restated when the vote is recorded. If there is no intervening debate the motion is not restated; the wording used is: “That the motion be agreed to.”

Vote on amendment(s) to primary motion. If there is a party vote or personal

vote on an amendment to the primary motion, the amendment is restated in full. If more than one amendment is voted on at the end of the debate, the most recent amendment is voted on first.

Vote on election of Speaker. See the OPENING OF PARLIAMENTsection

(OP5). Voting in Māori—an interpretation of party names may be given.

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CONTENTS Voice vote—no further vote called for ......................................................................VOT3 Party vote ...................................................................................................................VOT3 Personal vote and abstentions ....................................................................................VOT3 Proxy vote and abstention..........................................................................................VOT4 Tied vote ....................................................................................................................VOT4 Vote on primary motion—intervening debate ...........................................................VOT4 Vote on primary motion—no intervening debate ......................................................VOT5 Vote on amendment to the primary motion ...............................................................VOT5 Votes on more than one amendment to the primary motion......................................VOT5 Correction to voting list .............................................................................................VOT6 Point of order raised after vote...................................................................................VOT6 Point of order raised at any point during vote..............................................POO10; VOT6 Party vote on whether to adopt report of the Committee of the whole House...........VOT7 Voting in Māori............................................................................................ MAO4; VOT7 Naming of member ................................................................................................... WNS4

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. . . But these were genuine errors and the Pongaroa water supply is a somewhat unique local government endeavour. We therefore trust that this resolution of the concerns will be the right outcome for all parties. Motion agreed to.

Voice vote—no further vote called for. The text does not include the Speaker asking members to vote Aye or No, or his announcing the result. Result of voice vote.

A party vote was called for on the question, That this House has no confidence in the Government because it has failed to govern in the interests of all New Zealanders, . . . while rewarding well-off people with a tax cut they do not need.

Ayes 46 Labour 42; Alliance 2; New Zealand First 2.

Noes 53 New Zealand National 43; United New Zealand 7; Christian Democrats 1; New Zealand Conservative 1; Independent 1; Other: Cullen.

Abstentions 1 Hunt. Motion not agreed to.

Party vote. S.O. 144 explains the sequence of events in the House for a party vote. As the vote appears in final Hansard. Data Collection staff follow vote prompts. Parties are listed in order of number of members. If parties have the same number of members they are listed alphabetically. NB: Other = person voting outside party. Ending.

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A personal vote was called for on the question, That the Prostitution Reform Bill be now read a first time.

Ayes 87 Anderton Fitzsimons King Smith L Barker Franks Kyd Sowry Barnett Gallager Laban Teller:

[and other names . . .]

Noes 21 Anae Duynhoven Peters Woolerton Ardern English Power Teller:

[and other names . . .] Bill read a first time.

Personal vote. S.O. 146 explains the sequence of events in the House for a personal vote. As the vote appears in final Hansard. Data Collection staff follow vote prompts. Ending.

VOT 346


A personal vote was called for on the question, That the Shop Trading Hours Act Repeal (Easter) Amendment Bill be now read a second time.

Ayes 48 Austin Falloon Kyd Ryall Birch Fletcher Luxton Smith L Cullen (P) Hunt Meurant Teller:


Noes 22 Barker Field Northey Swain Blincoe Gallagher Peck Tizard Burton Hodgson Pettis Teller:


Abstentions 1 Bloggs

Bill read a second time..

Proxy vote and abstention. S.O. 155 and 156 explain the sequence of events in the House for a proxy vote or an abstention. As the vote appears in final Hansard. Data Collection staff follow vote prompts. (P) is put next to the name of any member who casts a proxy vote. Any abstentions are listed after the Ayes and Noes. Ending.

A party vote was called for on the question, That the Tax Reduction and Social Policy Bill (No. 2) be now read a second time.

The vote was equal. Motion not agreed to.

Tied vote—party vote. (A tied personal vote would follow the same format.) (s.o. 154). In the House, a tied vote is always lost. (See Committee manual for tied votes in Committee).

VOT 347


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Rt Hon DON McKINNON (Leader of the House): It is my wish to move, That Ian Murray Revell be appointed Deputy Speaker. I am not unaware of the fact that this particular issue . . . Rt Hon HELEN CLARK (Leader of the Opposition): I move, That the name “Ian Murray Revell” be omitted, and the name “Rt Hon. Jonathan Lucas Hunt” be inserted. I begin my remarks . . . A party vote was called for on the question, That Ian Murray Revell be appointed Deputy Speaker. Motion agreed to.

Vote on primary motion—intervening debate. Intervening debate. The motion is restated. Ending.

VOT 348


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HOSPITALS AMENDMENT BILL Recommittal

LIANNE DALZIEL (Christchurch Central): I move, That the Hospitals Amendment Bill be recommitted. Mr SPEAKER: This is a question put without debate. A party vote was called for on the question, That the motion be agreed to. Motion not agreed to.

Vote on primary motion—no intervening debate. No intervening debate. The motion is not restated. The wording is: “That the motion be agreed to.” Ending.

A party vote was called for on the question, That all the words after the word “That” be omitted, and the words “the Local Government Amendment Bill (No. 5) be referred back to the Internal Affairs and Local Government Committee to give further consideration to clause 3, concerning financial management and borrowing, and clause 15A, concerning borrowing for local authority trading enterprises.” be inserted. Amendment not agreed to.

Vote on amendment to the primary motion—party vote. The amendment is voted on at the end of debate. The amendment is restated in full. (The same would apply to a personal vote on an amendment.) Ending.

VOT 349


A party vote was called for on the question, That the amendment be amended by adding the following words: “and this House further notes that advertising promoted by the Minister of Health . . .”. Amendment not agreed to. A party vote was called for on the question, That all the words after the word “That” be omitted and the following substituted: “this House has no confidence in the Government and, noting the . . .”. Amendment not agreed to. A party vote was called for on the question, That this bill be now read a second time. Bill read a second time.

Votes on more than one amendment to the primary motion—party votes. Amendments are voted on at the end of debate, and are restated in full. The most recent amendment is put first. (The same would apply to personal votes on more than one amendment.) Vote on primary motion. Ending.

VOT 350


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VOTING Correction

Hon PETER DUNNE (Leader—United NZ: I seek leave in relation to the Voluntary Student Membership Bill, which Donna Awatere Huata attempted to have read a second time last night. I gave a proxy vote to ACT to vote on my behalf in favour of the second reading of the bill. Due to an oversight, that proxy vote was not recorded. I therefore seek the leave of the House to have my vote added to those votes cast in favour of the bill—in other words, for my vote to be added to the Journals. Mr SPEAKER: Leave is sought for that purpose. Is there any objection? There appears to be none. The voting list will be amended accordingly.

Result originally announced as Ayes 59, Noes 59. Ordered to be corrected by the chairperson.

Correction to voting list. Lists are amended before going to print. Unusual—subsequently added after printing. Hansard, Volume 571, at page 11573.

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VOTING Point of Order—Labour Party Vote

Hon RICHARD PREBBLE (Leader—ACT NZ) : I raise a point of order, Mr Speaker. The Labour Party vote was given as 52 but I note that the Prime Minister is not in the House. Hon MICHAEL CULLEN (Leader of the House) : The Prime Minister has leave to vote. If the member had been in the House, he would have . . .

Point of order raised after vote.

VOT 351


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A party vote was called for on the question that the Fiscally Responsible Ministerial Accommodations Bill be now read a second time. Hon RICHARD PREBBLE (Leader—ACT NZ): I raise a point of order, Mr Speaker. I would like to put this to you and, through you, to the junior Government whip. I want an assurance from the whip that he still has the vote of . . . Mr SPEAKER: That is the basis upon which the House does and will proceed. A party vote was called for on the question, That the Fiscally Responsible Ministerial Accommodations Bill be now read a second time. Motion not agreed to.

Point of order raised at any point during vote. Vote. Ending.

WNS 352

Precedent Manual: Withdrawal, and Naming and Suspension of Member 16 July 2004

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House resumed.

Procedure The bill was reported without amendment. A party vote was called for on the question, That the report be adopted. Report adopted.

Party vote on whether to adopt report of the Committee of the whole House. Vote. Ending.

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A party vote was called for on the question that the amendment be agreed to. OWEN JENNINGS (ACT NZ): I raise a point of order, Mr Chairperson. The ACT vote was not interpreted as it was given. The CHAIRPERSON (Geoff Braybrooke): I am sorry but I do not understand the Māori language, and I must take the interpreter’s word. I ask the member to repeat the vote, and then we will have another interpretation. The ACT vote was given, and an interpretation was given to the Committee. Hon KEN SHIRLEY (Deputy Leader—ACT NZ): I raise a point of order, Mr Chairperson. Again the translation was wrong. My colleague said “ACT Aotearoa”, the translation of which is “ACT New Zealand”. The translator said “ACT Aotearoa”.

Party vote given in Māori. Hansard, Vol. 58, at page 4444, 09.08.2000. Members continued to debate this vote for some time before the vote count was given. See VOT6 for other examples of interrupted votes.

WITHDRAWAL, AND NAMING AND SUSPENSION OF MEMBER

(s.o. 85-92)

WNS 353


The Speaker or Chair may decide that a member whose conduct has been “highly disorderly” should leave the House—that is, withdraw (s.o. 85). In the case of “grossly disorderly” conduct, the member may be “named”, resulting in his or her suspension for 24 hours (s.o. 86-92).

CONTENTS WITHDRAWAL Withdrawal of member. ............................................................................................ WNS2 NAMING AND SUSPENSION OF MEMBER Naming and suspension of member—without vote................................................. WNS4 Naming and suspension of member—with vote....................................................... WNS4

WNS 354


WITHDRAWAL (s.o. 85)

Standing Order 85, “Disorderly conduct”, states: “(1) The Speaker may order any member whose conduct is highly disorderly to withdraw immediately from the House during the period (up to the remainder of that day's sitting) that the Speaker decides. (2) Any member ordered to withdraw from the House may not enter the Chamber but may vote.”

Reference to member. A member who is asked to withdraw from the Chamber is referred to by name in the editorial comment, not by, eg, portfolio. He or she has offended as an individual, not as Minister, a party leader, or whatever.

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Mr SPEAKER: The member must leave the Chamber until the end of the general debate. Hon John Banks withdrew from the Chamber.

Withdrawal of member. Put what the Speaker says. Ending. The member is referred to by name.

YD 355

Precedent Manual: Yielding 16 July 2004

NAMING AND SUSPENSION OF MEMBER (s.o. 86-92)

The Speaker or the Chair may name a member whose conduct is grossly disorderly. If the offence is committed in the House the Speaker puts the question: “That [such member] be suspended from the service of the House.” There is no amendment or debate on this question. If the offence has been committed in the Committee of the whole House, the Chair suspends proceedings and reports the matter to the House. The Speaker then puts the same question as above. See s.o. 86-92. Suspension on the first occasion is for 24 hours; on the second occasion during the same session for 7 days (excluding the day of suspension); and on the third or any subsequent occasion during the same session for 28 days (excluding the day of suspension) (s.o. 89). If any member who is suspended under Standing Order 87 refuses to obey a direction of the Speaker to leave the Chamber, that member is, without any further question being put, suspended from the service of the House for the remainder of the session (s.o. 90). A member who is suspended may not enter the Chamber, vote, serve on a committee, or lodge questions or notices of motion (s.o. 91). The fact that a member has been suspended under Standing Orders 87 or 90 does not prevent the House from also holding the member's conduct to be in contempt (s.o. 92). Heading. The naming and suspension of a member interrupts a debate and

therefore needs a main heading at the point at which the Speaker agrees to name the member.

Reference to member. A member who has been named is referred to by name

in the question and in the editorial comment, not by, e.g., portfolio. He or she has offended as an individual, not as a Minister, a party leader, or whatever.

YD 356


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Ms Gail McIntosh: That's a lie. Mr SPEAKER: I ask the honourable member who made that interjection to withdraw that comment and apologise. I take it that the honourable member is not prepared to obey my request. Ms Gail McIntosh: That's right. Debate interrupted.

NAMING AND SUSPENSION OF MEMBER Mr SPEAKER: In that case I must name Gail McIntosh, the member for Lyttelton. The question now is, That Gail McIntosh be suspended from the service of the House. A party vote was called for on the question, That Gail McIntosh be suspended from the service of the House. Question agreed to. Gail McIntosh withdrew from the Chamber.

ELECTORAL REFORM BILL Second Reading

Debate resumed. Hon D. A. M. GRAHAM: It is with great . . .

Naming and suspension of member. Debate interrupted then set up again. Heading when Speaker agrees to name member. The member is referred to by name in the question. Party vote on question. Vote ending. Withdrawal. The member is referred to by name. Bill set up again. Debate resumed.

YD 357


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Ms Gail McIntosh: That's a lie. Mr SPEAKER: I ask the honourable member who made that interjection to withdraw that comment and apologise. I take it that the honourable member is not prepared to obey my request. Ms Gail McIntosh: That's right. Debate interrupted.

NAMING AND SUSPENSION OF MEMBER Mr SPEAKER: In that case I must name Gail McIntosh, the member for Lyttelton. The question now is, That Gail McIntosh be suspended from the service of the House. Question agreed to. Gail McIntosh withdrew from the Chamber.

ELECTORAL REFORM BILL Second Reading

Debate resumed. Hon D. A. M. GRAHAM: It is with great . . .

Naming and suspension of member. Debate interrupted then set up again. Heading when Speaker agrees to name member. The member is referred to by name in the question. Question agreed to without vote. Withdrawal. The member is referred to by name. Bill set up again. Debate resumed.

YIELDING (Speakers’ Rulings 53/2 and 53/3)

A member who has the call may yield that call to allow another member to refer to matters raised by the member speaking. Yielding should be for a brief period only, after which the member who has the call resumes speaking. Time taken up in this way is counted as part of the time of the member who gave way.

YD 358


CONTENTS Member yields..................................................................................................................... YD2

YD 359


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Hon Winston Peters: I raise a point of order, Mr Speaker. The Minister of Justice threw out a challenge to me, and if he would like to yield for 5 seconds I will explain exactly what I meant— Hon D A M GRAHAM: Yield away. Hon Winston Peters: All right, the Minister yields. Back at the time of the 1987-88 petition in Wairarapa that member and his party came to my— Hon D A M GRAHAM: One, two, three, four, five. Hon Winston Peters: Oh, I see—came to my lawyer and asked us not to bring allegations of corruption against Boorman on costs because they would be implicated themselves. . . . The TEMPORARY SPEAKER (Peter Hilt): This is becoming a little silly. The member asked for time to respond. He asked for and was given 5 seconds; he went beyond that. If he wants more time he is perfectly free to seek the leave of the House for that. It is not for me to decide. Hon D A M GRAHAM: The point about this bill is . . .

Member requests that member yields. Member yields. The member to whom the member who has the call has yielded is set up in lower case and without his/her designation. The member who has yielded is set up in upper case if he/she interjects. The Speaker rules too much time has been taken by the member to whom the member with the call has yielded. The member who has the call resumes his speech. Hansard, Volume 550, at pages 9063 to 9067.