Takutai Moana) Bill—Definition of “Tikanga”
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First Session, Forty-ninth Parliament, 2008-10 Parliamentary Debates (HANSARD) ADVANCE COPY (subject to minor change before inclusion in Bound Volume) Wednesday, 15 September 2010 (Week 54, Volume 666) WELLINGTON, NEW ZEALAND Published under the authority of the House of Representatives—2010 WEDNESDAY, 15 SEPTEMBER 2010 TABLE OF CONTENTS FINANCIAL MARKETS (REGULATORS AND KIWISAVER) BILL ...........13971 AUDITOR REGULATION AND EXTERNAL REPORTING BILL— Procedure .........................................................................................................13971 PERSONAL EXPLANATIONS— Passport Fraud—Discharge without Conviction .............................................13971 QUESTIONS FOR ORAL ANSWER— Questions to Ministers— Earthquake, Canterbury—Reconstruction Coordination ............................13972 Earthquake, Canterbury—Earthquake Commission Claims.......................13973 South Canterbury Finance—Treasury Advice............................................13974 Marine and Coastal Area (Takutai Moana) Bill—Definition of “Tikanga”....................................................................................................13976 Health System—Doctors’ and Nurses’ Contribution to Management........13976 Earthquake, Canterbury—Flood and Waste Management Systems ...........13977 Marine and Coastal Area (Takutai Moana) Bill—Proof of Customary Interest.........................................................................................................13978 Marine and Coastal Area (Takutai Moana) Bill—Co-leader of Māori Party’s Statement ........................................................................................13979 Earthquake, Canterbury—Assistance of Government Social Services ......13980 Auckland Transition Agency—Award of Computer System Contract.......13981 Women’s Affairs, Ministry—Suffrage Day Celebrations ..........................13981 Pay and Employment Equity Unit—Report to United Nations ..................13983 GENERAL DEBATE...........................................................................................13985 MARINE AND COASTAL AREA (TAKUTAI MOANA) BILL— First Reading....................................................................................................13997 PRIVATE SECURITY PERSONNEL AND PRIVATE INVESTIGATORS BILL— Third Reading ..................................................................................................14022 CUSTOMS AND EXCISE (JOINT BORDER MANAGEMENT INFORMATION SHARING AND OTHER MATTERS) AMENDMENT BILL— First Reading....................................................................................................14037 AIRPORTS (COST RECOVERY FOR PROCESSING OF INTERNATIONAL TRAVELLERS) BILL— First Reading....................................................................................................14052 15 Sep 2010 Financial Markets Bill & Auditor Regulation & Reporting Bill 13971 WEDNESDAY, 15 SEPTEMBER 2010 Mr Speaker took the Chair at 2 p.m. Prayers. FINANCIAL MARKETS (REGULATORS AND KIWISAVER) BILL AUDITOR REGULATION AND EXTERNAL REPORTING BILL Procedure Hon CHRISTOPHER FINLAYSON (Attorney-General) on behalf of the Leader of the House: Following discussion in the Business Committee yesterday, I seek leave for the Financial Markets (Regulators and KiwiSaver) Bill and the Auditor Regulation and External Reporting Bill to be treated as cognate bills and for the first reading debate on each bill to be taken together and, at the conclusion of the debate, for the questions on the first readings and the referral to a select committee to be put separately. Mr SPEAKER: Is there any objection to that course of action being followed? There is none. PERSONAL EXPLANATIONS Passport Fraud—Discharge without Conviction DAVID GARRETT (ACT): I seek leave of the House to make a personal explanation regarding speculation about me in the media. Mr SPEAKER: Leave is sought for a personal explanation. Is there any objection? There is no objection. DAVID GARRETT: Twenty-six years ago, while living a very different life, I foolishly undertook what I naively saw as a harmless prank. It was one that was to later have repercussions, both for me personally and for others who did not deserve to be hurt by my thoughtless actions. Using a method made known by the publication of the novel The Day of the Jackal I obtained the birth certificate of a child born at around the time I was born, but who had died in infancy. I used this birth certificate to obtain a passport in that child’s name. To this day I cannot explain the rationale behind my actions, except to say I was simply curious to see whether such a thing could be done. I never used the passport for any purpose. It duly expired, never having been used, and I later destroyed it. Twenty-one years after I obtained the passport, and many years after it had expired, I was arrested, along with a number of others, following a police inquiry into passports that had been wrongfully obtained. This inquiry followed the obtaining by Israelis who were believed to be connected to that country’s intelligence service of a number of passports, using the same method I had used. I was duly put before the court and admitted obtaining a passport by false pretences. After submissions by my lawyer, I was discharged without conviction. The court accepted that the consequences of a conviction for this offence would have consequences out of all proportion to the offending. I was also granted permanent name suppression. My reluctance to answer media questions was due to my uncertainty regarding the extent of coverage of the suppression order. My preliminary legal advice is that for this reason, neither I nor anyone else may comment further on this matter outside the House at this time. I am now seeking advice on whether the name suppression order can be varied or waived so that I may take media questions. I have made many mistakes in my life, none more so than this. At the time when I committed this offence, I gave no thought whatsoever to the effect it would have on others. Following my arrest, I wrote letters of apology to the child’s relatives, 13972 Personal Explanations 15 Sep 2010 expressing my sincere remorse for the pain I had caused them. The regret I feel at the hurt that I unwittingly caused the family of the deceased child is something I carry with me today and will continue to carry for the rest of my life. I cannot wind back the clock, but I sincerely wish that I could. Thank you. QUESTIONS FOR ORAL ANSWER QUESTIONS TO MINISTERS Earthquake, Canterbury—Reconstruction Coordination 1. Hon ANNETTE KING (Deputy Leader—Labour) to the Minister for Canterbury Earthquake Recovery : Does he agree with the Canterbury Employers Chamber of Commerce chief executive Peter Townsend that the reconstruction of Canterbury following the earthquake requires someone “to co-ordinate and oversee” reconstruction? Hon BILL ENGLISH (Deputy Prime Minister) on behalf of the Minister for Canterbury Earthquake Recovery: Generally, yes. In order to assist a coordinated recovery effort, Mr Brownlee has been appointed the Government’s Minister for Canterbury Earthquake Recovery. Last night Parliament unanimously passed the Canterbury Earthquake Response and Recovery Act, which establishes the Canterbury Earthquake Recovery Commission, consisting of the three relevant Canterbury mayors plus four other appointed experts to help oversee the recovery. The job of the commission will be to provide advice to the Government on what steps need to be taken to help the region get on with the job of reconstruction. Hon Annette King: Was John Jackson, the construction economist who helped in Darwin following Cyclone Tracy, right when he said today that we need to learn the lessons from Darwin and New Orleans and appoint a non-political leader who is on the spot, able to allocate resources, and able to make sure there is no ripping off or price gouging; if so, will the Government appoint such a person? Hon BILL ENGLISH: Of course the Government is open to any advice from people who have had previous experience in these matters. Given that the Act was passed just yesterday and that coordination efforts have been largely successful up until now, including efforts by the Canterbury Employers Chamber of Commerce and Mr Peter Townsend, it is the Government’s view that we test the current arrangements to see whether they work; the indications are that they will. Hon Annette King: What discussions has he had with building companies undertaking work in the rapid rebuild phase following the Canterbury earthquake, and has he set out the Government’s approach to companies that ramp up prices and price gouge? Hon BILL ENGLISH: I cannot give a detailed answer on behalf of the Minister, but I understand that he has had discussions with building companies. One proposition has been to publish a price list so that members of the public know what ought to be charged; prices could be set by the main suppliers. Hon Annette King: Does he have any reports of a shortage of building supplies, and has he been advised of the need to ration material and prioritise need in Christchurch; if so, what action is the Government planning to ensure there is not only a rapid rebuild but also a fair rebuild? Hon BILL ENGLISH: I think the Minister has heard such reports. The process related to the building is that at the moment the banks, the insurance companies, and the Earthquake Commission are finalising processes by which claims will be handled. I think the matter the member raises