Monday, 8 December 2008

Volume 651

Sitting date: 8 December 2008

Commission Opening of Parliament

By proclamation issued on 19 November 2008, the forty-ninth Parliament was summoned to meet, and it met for the dispatch of business at 2 p.m. on Monday, 8 December 2008.

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 Dame Sian Elias, Dame Grand Companion of the New Zealand Order of Merit, 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-Ninth Parliament of New Zealand, to cause Letters Patent to be passed under the Seal of New Zealand, constituting us,

The Right Honourable Dame Sian Elias, Dame Grand Companion of The New Zealand Order of Merit, Chief Justice of New Zealand,

The Honourable Justice William Gibbes Austen Young, Distinguished Companion of the New Zealand Order of Merit, President of the Court of Appeal of New Zealand, and

The Honourable Anthony Penrose Randerson, Chief High Court Judge 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 then read by the Clerk of the House of Representatives.

The Proclamation summoning Parliament was then read by the Chief Commissioner as follows:

ANAND SATYANAND, Governor-General

A PROCLAMATION

WHEREAS, by Proclamation published on 6 October 2008, the Parliament of New Zealand was summoned to meet on 8 January 2009:

AND WHEREAS I have thought fit to summon it to meet on an earlier day:

NOW THEREFORE, pursuant to section 18 of the Constitution Act 1986, I, The Honourable Anand Satyanand, Governor-General of New Zealand, summon the Parliament of New Zealand to meet in the Parliament House, in the City of Wellington, at 2.00 pm on 8 December 2008.

Given under the hand of His Excellency the Governor-General, and issued under the Seal of New Zealand, on 19 November 2008.

John Key, Prime Minister

God Save The Queen!

The Chief Commissioner then said:

Members of the House of Representatives:

We have it in command from His Excellency the Governor-General to inform you that on 9 December 2008 at 11.00 am, 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 Parliament, now proceed to choose one of your members to fill that high and important office, and that having chosen that person, you present that person at 4.00 pm, today, 8 December 2008 at the Legislative Council Chamber at Wellington for His Excellency’s confirmation.

The Commissioners then withdrew.

Members Sworn

Mary Winifred Harris, 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: Amy Juliet Adams, James Patrick Anderton, Jacinda Kate Laurell Ardern, Philip Shane Ardern, Christopher John Auchinvole, Kanwaljit Singh Bakshi, Richard John Barker, Carol Ann Beaumont, David Bennett, Paula Lee Bennett, Jacqueline Diane Blue, Kerry James Borrows, John Spencer Boscawen, Susan Bradford, Simon Joseph Bridges, Gerard Anthony Brownlee, Brendon Burns, Chris Joseph Carter, David Cunningham Carter, John McGregor Carter, Stephanie Anne Chadwick, Charles Pierre Chauvel, Ashraf Choudhary, Helen Elizabeth Clark, Jonathan David Coleman, Judith Anne Collins, Clayton James Cosgrove, Michael John Cullen, David Richard Cunliffe, Clare Elizabeth Curran, Lianne Audrey Dalziel, Kelvin Glen Davis, Jacqueline Isobel Dean, Roger Owen Douglas, Peter Francis Dunne, Ruth Suzanne Dyson, Simon William English, Darien Elizabeth Fenton, Christopher Francis Finlayson, Jeanette Mary Fitzsimons, Te Ururoa James William Ben Flavell, Craig Raymond Robert Foss, David Arthur Garrett, Aaron Wayne Gilmore, Philip Bruce Goff, Joanne Gay Goodhew, Sandra Anne Goudie, Kennedy Gollan Montrose Graham, Allen Nathan Guy, Kevin Grant Hague, Hone Pani Tamati Waka Nene Harawira, George Warren Hawkins, John Bernard Hayes, Philip Reeve Heatley, Raymond Tau Henare, Rodney Philip Hide, Christopher John Hipkins, Peter Colin Hodgson, Parekura Tureia Horomia, Darren Colyn Hughes, JianQiang Huo, Charles Paul Telford Hutchison, Shane Geoffrey Jones, Steven Leonard Joyce, Rahui Reid Katene, Nicola Laura Kaye, Susan Jane Kedgley, John Phillip Key, Annette Faye King, Colin McDonald King, Winifred Alexandra Laban, Melissa Lee, Iain Francis Lees-Galloway, Keith James Locke, Peseta Samuela Masunu Lotu-Iiga, Timothy Harley Macindoe, Moana Lynore Mackey, Nanaia Cybele Mahuta, Trevor Colin Mallard, Wayne Daniel Mapp, Todd Michael McClay, Murray Stuart McCully, Suzanne Mary Moroney, Stuart Alexander Nash, Russel William Norman, Patricia Hekia Parata, David William Parker, Allan Frederick Peachey, Barbara Lynne Pillay, Simon James Power, Rajendra Prasad, Bernard Paul Quinn, Mita Michael Ririnui, Grant Murray Robertson, Harold Valentine Ross Robertson, Eric Wilbur Roy, Heather Jean Roy, Anthony Boyd Williams Ryall, Carmel Jean Sepuloni, Katrina May Shanks, Pita Russell Sharples, Su’a Viliamu Sio, Alexander Lockwood Smith, Nicolas Rex Smith, Maryan Street, Georgina Manunui te Heuheu, William Lindsay Tisch, Anne Merrilyn Tolley, Christopher James Tremain, Metiria Leanne Agnes Stanton Turei, Tariana Turia, Philip Stoner Twyford, Louise Claire Upston, Nicola Joanne Wagner, Catherine Joan Wilkinson, Maurice Donald Williamson, Pansy Wong, Michael Allan Woodhouse, Richard Westwood Worth, Jonathan Edgar Joseph Young.

Election of Speaker

Hon Dr LOCKWOOD SMITH (National—Rodney): I declare my nomination for the office of Speaker.

Hon Dr Lockwood Smith was elected as Speaker.

Mr SPEAKER-ELECT: Honourable members of the House of Representatives, I am deeply honoured that you have elected me as your Speaker. We who are elected to serve in this House are privileged to work at the very heart of our democracy. In our hands we hold the responsibility of protecting the rights and freedoms of all New Zealanders. As your Speaker I commit today to upholding the privileges of this House and of its members, and to defending your rights and freedoms, on which are built the hopes and aspirations of those we represent. Working here day after day, week after week, and month after month, we can sometimes forget that our forebears paid a grave price that we might live and work in a free democracy. Lest our behaviour might at times fall short of that which those we represent expect of us, it is worth reflecting on the places named on the walls of this Chamber: Gallipoli, Passchendaele, Messines, and many others. We honour the men and women who died in those hallowed places when we respect the freedoms they fought and died for.

Honourable members, I succeed 28 distinguished former Speakers and, most recently, New Zealand’s first woman to hold the office of Speaker, Margaret Wilson. I am privileged to have served in this House under eight of them, and I hope I may have gleaned a little from their collective wisdom. One achieved a remarkable double, in throwing out at the same time both the then Prime Minister, David Lange, and the Opposition leader, Jim Bolger. Although Speaker Sir Gerard Wall’s achievement is not one I would seek to emulate, our honourable leaders might note that it is not without precedent. Those amongst you with as many grey hairs as I have may also recollect the occasion when Speaker Wall commenced a session by praying: “Almighty God, humbly acknowledging Thy need for our guidance in all things …”. For such mistakes, which will inevitably be made, I seek your forbearance and apologise in advance.

Honourable members, I will be your Speaker; my door will always be open. As Speaker-Elect I will at 4 o’clock obey the instruction and go to the Governor-General, and I invite those of you who are able to accompany me there to do so. Again, I thank you all.

Hon PHIL GOFF (Leader of the Opposition): Mr Speaker-Elect, on behalf of the New Zealand Labour Party I congratulate you on your election today and wish you well for your tenure in office. I must say that as you came up to your seat you looked nowhere near as reluctant as your predecessors traditionally have looked, knowing the fate that would befall them should they displease the executive. On this side of the House, we hope you frequently displease the executive.

The office of Speaker, as you have pointed out, is critical to the effective functioning of this House, and to our democracy. I am sure that although the role of Speaker is not an easy one, you will do your utmost to carry out the functions and the powers of your new office in a fair and impartial way, and in a way that reflects your role as Parliament’s person rather than the representative of any particular party. I do not know whether this role was your preferred role in the House, but I do know that you come to it with extraordinary experience. I must say that those of us who remember Sir Gerard Wall are glad that you have not chosen him as your role model in your current position.

I know that you will work extraordinarily hard to find the balance that you must find between allowing robust debate, protecting the rights of the minority of the House, and getting the business of Parliament done. In return, we as members have a responsibility not to try your patience too far, and to strive to do our best to maintain the Standing Orders. I congratulate you, once again, on your election, and wish you well for your term in office.

Hon JOHN KEY (Prime Minister): Mr Speaker-Elect, it is my great pleasure to congratulate you on your election as Speaker of this House. We look forward to working with you, and to observing your rulings and guidance over the next 3 years. You come to the job with 24 years of experience in this Parliament. I am sure you will show all the wisdom of those years as you guide the House through what will be, obviously, some interesting debates and some interesting times. You come to your job unopposed. I think that that speaks volumes of a House that believes in your skills, and in the talents that you bring to the job. We wish you the very best.

JEANETTE FITZSIMONS (Co-Leader—Green): Mr Speaker-Elect, the Green Party is happy to add its congratulations to those of others on your election as Speaker. We wish you well in trying to control the, at times, boisterous behaviour in this place. As you know, the Green Party has long expressed the view that at times the behaviour in the House goes somewhat beyond what the public finds acceptable, and what is conducive to good debate. We offer you our support in trying to maintain high standards of behaviour at all times. That is not to say that we are in any way opposed to robust debate; we are opposed to merely those behaviours that sometimes get in the way of good debate. As you know, we—along with other MMP parties—wrote to the previous Speaker, Margaret Wilson, to express our support for her using her office to attain those ends, and to make sure that, in the spirit of MMP, the parties on the cross benches were able to be heard and to hear, which is sometimes difficult from down here. I repeat that offer of support to your office, for those same ends, and wish you all the best in your term.

Hon RODNEY HIDE (Leader—ACT): Mr Speaker-Elect, I rise on behalf of the ACT Party to congratulate you on your new role as Speaker, and to pledge to you our support. You were elected unanimously. I note that although you did not go reluctantly to the Chair, you did not positively run, which I remember the Rt Hon Jonathan Hunt doing when he took the Chair on being elected. The thing that we all, I believe, admire about you is that you have been a member of Parliament who has respected this place and its value in our society, and that you have been a member of Parliament who has respected other people’s points of view, even if you did not share them, and their right to speak out. I think it is fitting that you reminded us and the country of the enormous sacrifice that was made by our forebears so that we and future generations can stand in this House free to speak out in a free and democratic society. I wish you all the wisdom that you will require in the time ahead; I have no doubt that you will have it. Thank you.

Hon Dr PITA SHARPLES (Co-Leader—Māori Party): Kai te manu kōrero o te Whare nei, te māngai o te Whare, tēnei au e mihi atu mō mātou o te Pāti Māori ki a koe i tēnei wā. Nā te mea, ko koe anake te mea e tū ana, he tautoko tēnā mai i ngā pāti katoa mōu. Nā reira, tēnei mātou e mihi atu. Ka hoki aku mahara ki te wā ko koe te Minita Mātauranga mō ngā kura i te wā o te kāwanatanga o Nāhinara i tērā wā. Nāu anō te Minita e tautoko ana i a mātou e whakatū kura kaupapa Māori i tērā wā. E rima kura, ia tau, ia tau kua whakatūria i raro i a koe. Nā reira, kai te mihi atu ki a koe mō tēnā. Nā reira, ko te tūmanako kia pai tō noho i tēnā tūru, anei rā te Pāti Māori e tautoko ana ki a koe, tēnā koe, tēnā koe, tēnā tātou katoa.

[I acknowledge you on behalf of us of the Māori Party, venerable sir and Speaker-Elect of the House. Because you were the only one proposed, that to me indicates the total support for you by all parties. So we congratulate you. My thoughts go back to the time when you were Minister of Education for schools when National was the Government. While we sought to have Māori-medium schools established, you supported us. Five Māori-medium schools each year were established under your watch. How grateful we are for that! So we wish you well in your role as Speaker. You have the support of the Māori Party. Greetings to you, greetings to you, and greetings to us all.]

Hon JIM ANDERTON (Leader—Progressive): Mr Speaker-Elect, I want to wish you well and to congratulate you on your election to high office. Experience in Parliament is not the only qualification to be Speaker, but it is one of the most important ones. You will have seen in your time here—and I think you came into Parliament the same year that I did—many occurrences that you will not want to repeat. When you started quoting Gerry Wall, I remembered that he threw out 11 members of the Opposition on one famous day. I hope that is not something that will have to be emulated in your term. The office of Speaker is important, particularly for the smaller parties in this Parliament. You uphold the rights of the minority here, you are the person to whom we look to have our rights upheld, and we will respect the office that you hold as you would want us to and expect us to. Congratulations.

Hon PETER DUNNE (Leader—United Future): Mr Speaker-Elect, as a fellow survivor of the class of 1984 I congratulate you on your election to the high office you now hold, and wish you well in the execution of your duties. You said that we are all human, and like others you may occasionally make mistakes, and you quoted the example of Sir Gerard Wall transposing words in the prayer. Mr Speaker-Elect, I need to assure you that in his case he was not making a mistake. He genuinely believed that to be the case. Be that as it may, I know that you will uphold the standards of this House. You bring to it a very deep experience and, I think, a deep affection for the place, and you will certainly ensure that all members, whether they be new members or somewhat more geriatric members, will get a fair go in this House and will be listened to; order will be upheld, and, Mr Speaker-Elect, in return you will have the respect of this Chamber.

Mr SPEAKER-ELECT: Honourable members, for your kind words, thank you—thank you very much. I hope that I can live up to the confidence you have shown in me. Again, I thank you for the honour. I will certainly endeavour to do my best to live up to that confidence.

The House adjourned at 3.13 p.m.