Tuesday, 7 November 2017

Volume 725

Sitting date: 7 November 2017

TUESDAY, 7 NOVEMBER 2017

Commission Opening of Parliament

The Fifty-second Parliament opened at 11 a.m. on Tuesday, 7 November 2017 in the City of Wellington pursuant to a Proclamation, dated 26 October 2017, issued by Her Excellency the Governor-General.

David Williams, Acting Gentleman Usher of the Black Rod, announced the arrival 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:

Her 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 Fifty-second 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 Sir Mark Andrew O’Regan, Supreme Court Judge, and

The Honourable Dame Ellen Dolour France, Supreme Court Judge

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 as follows:

PATSY REDDY

Elizabeth The Second, by the Grace of God Queen of New Zealand and Her Other Realms and Territories, Head of the Commonwealth, Defender of the Faith:

To all to whom these presents shall come, Greeting!

Whereas, by a Proclamation made on the 26th day of October 2017, Our Governor-General of New Zealand, The Right Honourable Dame Patsy Reddy, GNZM, QSO, proclaimed that the Parliament of New Zealand should meet in the parliamentary precincts in the City of Wellington at 11.00 am, on the 7th day of November 2017:

And Whereas Our said Governor-General does not think fit to be present at the opening of the said session:

Now, know that We, trusting in the discretion, fidelity, and care of Our Right Trusty and Well-beloved Counsellor

Dame Sian Elias, Dame Grand Companion of The New Zealand Order of Merit

and Our Trusty and Well-beloved

The Honourable Sir Mark Andrew O’Regan, Knight Companion of The New Zealand Order of Merit, and

The Honourable Ellen Dolour France, Dame Companion of The New Zealand Order of Merit

do by these presents give and grant unto them, or any two of them, full power in Our name to open the said Parliament in Our behalf, and to do all things necessary to be done in Our name, or in the name of Our Governor-General of New Zealand, in and about the opening of the said Parliament, commanding also all whom it concerns to meet in the said Parliament, and that the said

The Right Honourable Dame Sian Elias

The Honourable Sir Mark Andrew O’Regan, and

The Honourable Ellen Dolour France

or any two of them diligently attend in the premises, at the opening of the said Parliament.

In Testimony Whereof We have caused these Our Letters to be made Patent, and issued under the Seal of New Zealand, at Wellington on the 26th day of October in the Year of Our Lord Two Thousand and Seventeen and in the 66th Year of Our Reign.

Witness Our Trusty and Well-beloved The Right Honourable Dame Patsy Reddy, Chancellor and Dame Grand Companion of Our New Zealand Order of Merit, Principal Companion of Our Service Order, Governor-General and Commander-in-Chief in and over the Realm of New Zealand.

By Her Excellency’s command

Jacinda Ardern.

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

PATSY REDDY, Governor-General

A PROCLAMATION

Whereas, by Proclamation published on 22 August 2017, the Parliament of New Zealand was summoned to meet on 23 November 2017:

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 Right Honourable Dame Patsy Reddy, Governor-General of New Zealand, summon the Parliament of New Zealand to meet in the parliamentary precincts in the City of Wellington, at 11.00 am on 7 November 2017.

Given under the hand of Her Excellency the Governor-General, and issued under the Seal of New Zealand, on 26 October 2017.

Jacinda Ardern, Prime Minister.

GOD SAVE THE QUEEN!

The Chief Commissioner then said:

Members of the House of Representatives:

We have it in command from Her Excellency the Governor-General to inform you that on 8 November 2017 at 10.30 am, Her Excellency the Governor-General will declare to you in person the cause of her summoning this Parliament to meet.

But since it is necessary that a Speaker of the House of Representatives be first chosen, Her 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 1.45 pm, today, 7 November 2017 at Government House at Wellington for Her Excellency’s confirmation.

The Commissioners then withdrew.

Authority to Administer Oath

The CLERK: Honourable members, I will now read the Commission authorising me to administer the oath or affirmation of allegiance required by law to be taken or made by members of the House. It reads:

Pursuant to section 11 of the Constitution Act 1986, I, The Right Honourable Dame Patsy Reddy, Governor-General of New Zealand, hereby authorise you,

David Martin Wilson, Clerk of the House of Representatives

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

Jacinda Ardern, Prime Minister.

Authorised

Patsy Reddy

Governor-General

26 October 2017

Return of Writ

The CLERK: Honourable members, I have received from the Electoral Commission a writ endorsed with the names of those members elected to represent electoral districts, and a return listing the names of members elected from party lists. I lay those documents on the Table.

Members Sworn

David Martin Wilson, Clerk of the House of Representatives, having laid on the Table the lists received from the Chief Electoral Officer of the names of members returned to serve in the present Parliament, administered the Oath or Affirmation of Allegiance to the following members, which being done they took their seats in the House: Amy Juliet Adams, Kiri Lyndsay Allan, Virginia Ruby Andersen, Jacinda Kate Laurell Ardern, Kanwaljit Singh Bakshi, Darroch Leicester Ball, Margaret Mary Barry, Andrew Bayly, David Allister Bennet, Paula Lee Bennett, Christopher Bishop, Simon Joseph Bridges, Simeon Peter Brown, Gerard Anthony Brownlee, David Scott Clark, Angela Maree Clark, Tamati Gerald Coffey, Jonathan Coleman, Judith Anne Collins, Elizabeth Dorothy Craig, Clare Elizabeth Curran, Marama Mere-Ana Davidson, Kelvin Davis, Jacqueline Isobel Dean, Matthew Maurice Doocey, Sarah Maree Dowie, Ruth Suzanne Dyson, Tahere Paul Eagle, Simon William English, Kristopher Faafoi, Andrew Hamilton Falloon, Christopher Francis Finlayson, Julie Anne Genter, Golriz Ghahraman, Paul Goldsmith, Allen Nathan Guy, Joanne Kowhai Hayes, Peeni Ereatara Gladwyn Henare, Harete Makere Hipango, Christopher John Hipkins, Brett John Hudson, Raymond Huo, William Wakatere Jackson, Shane Geoffrey Jones, Steven Leonard Joyce, Anahila Lose Kanongata’a-Suisuiki, Nicola Laura Kaye, Ronald Matthew King, Tutehounuku Korako, Barbara Joan Kuriger, Melissa Ji-Yun Lee, Denise Adrienne Lee, Iain Francis Lees-Galloway, Andrew James Little, Heather Janet Logie, Maria Josina Elisabeth Lubeck, Jo-Anne Marie Luxton, Timothy Harley Macindoe, Nanaia Cybele Mahuta, Trevor Colin Mallard, Jennifer Lyn Marcroft, Ron Stanley Mark, Tracey Anne Martin, Kieran Michael McAnulty, Todd Michael McClay, Ian Robert Flockhart McKelvie, Clayton Robert Henry Mitchell, Mark Patrick Mitchell, Todd Michael Muller, Stuart Alexander Nash, Alfred Ngaro, Damien Peter O’Connor, Gregory Eamon O’Connor, Simon David O’Connor, Kushmiita Parmjeet Kaur Parmar, Mark William James Patterson, Christopher Aidan Penk, Willow-Jean Prime, Shane Raymond Reti, Grant Murray Robertson, Jami-Lee Matenga Ross, Adrian Paki Rurawhe, Deborah Faye Russell, Eugenie Sage, Jennifer Teresia Salesa, Alastair Oliver Scott, Carmel Jean Sepuloni, David Breen Seymour, James Peter Edward Shaw, Scott Anthony Simpson, Aupito Tofae Su’a William Sio, Nick Smith, Stuart Tayler Smith, Erica Stanford, Jamie Ross Strange, Chlöe Charlotte Swarbrick, Fletcher Hoporona Tabuteau, Janette Rose Tinetti, Rino Tirikatene, Anne Tolley, Philip Stoner Twyford, Louise Claire Upston, Timothy John van de Molen, Nicola Joanne Wagner, Hamish Richard Walker, Louisa Hareruia Wall, Duncan Alexander Webb, Melissa Heni Mekameka Whaitiri, Michael Philip Wood, Michael Allan Woodhouse, Megan Cherie Woods, Jian Yang, Jonathan Edgar Joseph Young, and Lawrence Arden Yule.

Election of Speaker

The CLERK: Honourable members, the House must now choose a Speaker. Are there nominations?

Hon SIMON BRIDGES (National—Tauranga): I raise a point of order, Mr Clerk. The question is whether, if someone isn’t sworn in as a member, they vote or are able to be here for the purposes of the vote. My submission to you is they don’t.

The CLERK: If there is a member present who hasn’t yet sworn the oath, they can do so now. Otherwise, anyone who hasn’t sworn the oath will be unable to vote for the Speaker. Are there any members present who haven’t been sworn in? I’ll just ask again: are there any members who haven’t been sworn in?

Hon RUTH DYSON (Senior Whip—Labour): I nominate the Hon Trevor Mallard as Speaker of the House.

Hon GERRY BROWNLEE (National—Ilam): I raise a point of order, Mr Clerk. I wonder if you might forestall things for a few moments while a little bit of organisation takes place. If that is not to be the case, then clearly we’d proceed, with, perhaps, a different result than anticipated.

The CLERK: Well, if there’s a member who’s not yet been sworn in, I’m happy to wait a moment while that’s organised and then do it, but otherwise we should proceed. [Pause in proceedings] Are members now ready to proceed with the election of Speaker?

Hon Member: We were always ready.

The CLERK: All right. The House—[Interruption] Order! [Interruption] Order! The House must now choose a Speaker. Are there nominations?

Hon RUTH DYSON (Senior Whip—Labour): I’ll again nominate the Hon Trevor Mallard as Speaker of the House.

ADRIAN RURAWHE (Junior Whip—Labour): Ā, māku e tautoko te mōtini kia tū Te Hōnore Trevor Mallard hei Māngai o Te Whare Pāremata nei.

[And so I endorse the motion that the Hon Trevor Mallard stand as Speaker of this House.]

The CLERK: Are there any other nominations? There being no other nominations, I declare the Hon Trevor Mallard elected as Speaker of the House of Representatives.

[Applause]

Mr SPEAKER-ELECT: Order! I want to start off by thanking members for the somewhat delayed confidence they have shown in me. It is an enormous opportunity, and I particularly want to thank the Leader of the Opposition for not forcing my colleagues to say that they had confidence in me doing the job.

I want to congratulate all members who were elected to the House, and in particular the “class of ’17”—the new members. You will always be a group that came in at the same time. You will work together across party lines, but being part of a big team that comes in is something that is special and important.

Experienced members will have noted that I was not dragged up here. I thought feigning reluctance would almost certainly be a breach of privilege. I wouldn’t have wanted to rule on it, and, of course, the colour writers for the newspapers and the cartoonists might have made something of it, as well.

My role is to ensure the rights and the privileges of this House are protected—and, in particular, the freedom of speech of all members of this House—not for your sake and not for our sake, but for the sake of the people of New Zealand. It is through you that they speak, and it’s important that their voices are heard.

Now, I do expect debate to be vigorous—I’ve had some experience. People elected here have very different views. Many are ambitious, and sometimes that shows. But the laws and the policies that we debate are not academic—just about all of them affect people’s lives. This House has the responsibility to hold the Government to account. Oral questions can, and will sometimes, find some Ministers wanting. That is the role of the House—to hold them to account—and I hope that some of our backbenchers who are on my right understand that, as well. As my fellow Wainuiōmatian once said, “It isn’t tiddlywinks.”

At the same time, I want to invoke the dying wishes of my friend Helen Kelly, when she implored us to be kinder to each other. We can be, we should be, and we can do so without sacrificing either intellectual rigour or principle.

I have been a member in this Chamber for—I was first elected here 33 years ago. The make-up of this place has changed significantly in that time. We are getting closer to representing New Zealand, but the way that we work does not necessarily reflect that in many ways. I must say that hearing the murmur of at least three babies in the gallery reminded me that we do have to make this place much more child- and parent-friendly. I will use the discretion that’s available to me to do that, but, more importantly, I hope that the Business Committee can pick up some of the ideas that were not necessarily picked up as part of the last Standing Orders review, and make this place better than it currently is.

My door will be open for all members. I’m certain that you’ll want me to explain a ruling or two, and I am certainly not guaranteeing that they will all make it into Speakers’ Rulings as being correct. I do offer to run seminars for members on how to be effective at select committees, how to be relevant and not repetitious in the committee stage of the House, and—as has been the case for members on both sides—if there’s personal advice about the appropriate thing to do that you don’t want to share with other members, my door is open for that as well.

In conclusion, the Speaker’s office has tremendous authority. I will use that authority to preserve and enhance our democracy, but in the end, it is not the authority but respect that makes the role effective. That can only be earned, and I hope that I can earn it. Thank you, members.

Rt Hon JACINDA ARDERN (Prime Minister): Mr Speaker-Elect, can I start by acknowledging that good things take time. And I also want to start by acknowledging that all members of this House are here at the good will of the public of New Zealand. We are here to work on their behalf, in the best interests of all New Zealanders, and you will see this side of the House maintain that spirit in the way that we work inside this House. And I hope it is a spirit that you will see maintained by the Opposition.

Congratulations, Mr Speaker-Elect. This parliamentary term is full of firsts, and can I say you are no exception as the first Speaker who is a “MAMIL”—a middle-aged man in lycra. I know that you love cycling; I know that you love whisky. Your cycling experience will help you, I’m sure, as Speaker. You know how to keep the pace high, how to use the brakes sparingly, and how to never back-pedal. As for the whisky, it doesn’t require a metaphor; it just requires moderation.

Mr Speaker-Elect, you came into Parliament in 1984—a year for big hair, present company included. You served the community of Hamilton and then you served the community of the Hutt with enormous pride. You were, and always will be, community minded, and I know you will bring that approach to the unique community of A-type personalities that is the New Zealand Parliament. You bring with you enormous experience. You have been a whip, a Minister, Opposition member, Leader of the House, and Assistant Speaker—in fact, there are only a handful of jobs in this place that you haven’t done, and this one here was taken. Regardless of the role, across your 30 years of service you have brought thoughtfulness, you have brought passion, and you have brought a firm but fair hand—traits that I know you will continue in this role that you hold now.

Finally, I want to acknowledge that, alongside your dedication to this place, to the New Zealand Parliament, you also bring a dedication to your family. I acknowledge Jane; your children Will, Hannah, and Beth; and of course your beloved grandchildren. I know you are proud of them, and I know they are immensely proud of you. For the service you are about to give, and in hopeful anticipation of your forgiveness of me in this place personally, I thank you and wish you well, Mr Speaker-Elect, on behalf of the Government and its support parties.

Rt Hon BILL ENGLISH (Leader of the Opposition): Mr Speaker-Elect, I believe you are actually the Speaker—we have elected you, but we’ve got to present you to the Governor-General. The Prime Minister has outlined your personal background: your service as an MP and in this House. For 27 of those 33 years, I have been here—well, 24 of them, because you were out for a wee while—and it will be interesting to see how you reflect on the robustness of your own debating and procedural style in this House. I would have to say that, over that time, you would certainly be in the top 10 greatest hits of parliamentary performers, in a whole lot of different ways.

Of course, in recent years, you’ve reinvented yourself as much a parliamentarian as a partisan, and that’s why we supported you and did not contest with another nomination. Just in the last year or so, you’ve made a number of remarks that have indicated your real interest in making Parliament more effective and more balanced in the way that it deals with the executive. I suspect that when you made those remarks, you didn’t quite anticipate the situation that has arisen from this election, and that is the largest Opposition numbers ever, actually, in the Parliament, and the opportunity for very much a balancing act in the select committees in dealing with the executive’s legislation.

Mr Speaker-Elect, we look forward, also, to the wisdom that you’ve earned through all that time. There’s no doubt that your extensive political engagement and, actually, your long-term habit of engaging across party lines with people in social and sporting as well as combative ways is going to serve you well in the Chair. So, Mr Speaker-Elect, we welcome you to the Chair. As the Prime Minister has said, this is a Parliament of many firsts, and that is going to put you in a unique position to fashion greater respect for Parliament, and that greater respect for it will come from the level of scrutiny, balance, and effectiveness in holding the Government to account. We look forward to your assistance in that respect.

Hon RON MARK (Deputy Leader—NZ First): Thank you, Mr Speaker-Elect. On behalf of New Zealand First, it is my pleasure to rise and to congratulate you on your appointment and to trust ourselves to your stewardship over the next three years. We welcome your expression of confidence that this House may become more child- and family-friendly, and your acknowledgment that choosing to serve our nation as a member of Parliament can bring challenges for the members themselves and, of course, very often very much for their families. I just want to acknowledge and compliment you, sir, on those words.

I wish to recognise your vast experience over 30 years and acknowledge that you and I do have some things in common, other than playing parliamentary rugby: being ejected from this House on the odd occasion, and I do recall you giving me some advice on one of those occasions, as an assistant whip, and I very much appreciate that. I know from the amount of times that you have stepped forward to give junior members your advice that it has been well received and appreciated, and, likewise, there are some of us who have more experience who have been the beneficiaries of your advice, and long may that continue.

Can we wish you well, and I guess the last message from my team in New Zealand First I would have is that right now the term “poacher turned gamekeeper” is very firmly in my mind, and we should all be aware that there is no gamekeeper more effective than one who has been a poacher.

Hon JAMES SHAW (Leader—Green): Tēnā koe. Mr Speaker-Elect, I would also like to congratulate you on behalf of the Green Party on your appointment and election as the Speaker of the House. I think you are absolutely right in your choice not to be dragged. It is a great pleasure to see you take a role that clearly you are well suited to, and one that you have had your eye on for quite some time. It is such a pleasure to be able to see you take that role.

We were very pleased to hear that you are seriously considering reforms to the way the Parliament operates. In my own career, I used to be a change management consultant, and one of the things that we used to say, of course, is that if you wanted to look at the quality of a decision, generally that is a result of the quality of the process by which you make that decision, and, in my view, if you wanted good quality decisions about the future of the country, you wouldn’t necessarily design Parliament in the way it is currently designed. So I just want to encourage you in that endeavour of looking at what are the ways that we can improve our democratic processes.

We have some trepidation about you taking the Chair and also some excitement, because you come with a reputation for being quite a stickler, shall we say, for good process. Of course, now that we are on this side of the House, we anticipate being held to the very highest of standards, and, of course, because we are democrats we really support that as well.

You are, of course, a true Labour person, and we know that those values flow through your veins, but above that you are also—much more than that, actually—a real believer in democracy, and that is apparent in your every word and deed. So we are really excited about the opportunity to work with you, and very excited about the opportunity that you have just presented of making this place more family-friendly as well. So congratulations, Mr Speaker-Elect.

DAVID SEYMOUR (Leader—ACT): Mr Speaker-Elect, I rise on behalf of the ACT Party to congratulate you on your election to the role of Speaker. I believe there’s no greater honour in this venerable institution. Indeed, you’ve become a custodian of an institution that evolves over time, with each Speaker making their own addition.

I was very pleased to hear in your speech that you are here to uphold freedom of speech, and, as you know very well from your long experience, the Standing Orders require that you uphold the freedom of speech of all parties, including minorities, which in this Parliament appears to be me.

Mr Speaker-Elect, I was very pleased to hear that you seek to uphold not only freedom of speech but also the principle that while the office of Speaker may be powerful, its real effectiveness comes from the respect gained by the person in it, through their actions. I certainly look forward to helping you earn that respect in a cooperative Parliament over the next three years, and I thank you again and congratulate you, Mr Speaker-Elect. Thank you.

Mr SPEAKER-ELECT: In response, I just want to thank all members who have spoken for their very kind comments and, in particular, the Prime Minister and the father of the House for the comments that they have made.

I will, as I indicated before, keep my door open. I will try and explain my rulings to people, and I hope that some of the tenor of this debate can flow through. I have, of course, always been an optimist.

The House adjourned at 12.27 p.m.