Emergency Management Bill (No 2)

Committee of the whole House

Thank you, Madam Chair. Once again, I will ask these questions as a group. As I said in my opening statement, we do support this bill and we do not intend to drag it out. However, can I ask of the Chair that the Minister is given time to answer all the questions that are asked in that part, because I’m very conscious that my colleague Dan Rosewarne has had some questions which have gone unanswered.

CHAIRPERSON (Maureen Pugh): What I will do is when the Minister gets the responses, I will get him to read them out.

CUSHLA TANGAERE-MANUEL: Thank you, Madam Chair.

Right, to clause 170. When we’re looking at data, I want to ask: what stops information collected during an emergency being used for other Government purposes? Can we get some assurance around that?

We know that data sovereignty is very important to whānau. People are cautious about how they share their information and where that might end up. Looking at clause 173, on that note, we know that a lot of our iwi and hapū organisations are well trusted in their communities. They move through and they often have access to data that Government agencies may not have because of the relationships they have directly with families and individuals, and so if there is access to it by Government agencies, how will sensitive information held by iwi and marae, and hapū and iwi organisations be protected?

Moving on in Part 5 to compensation, clause 191(2) says, “On the application of any person with an interest in the requisitioned property, reasonable compensation is payable to that person for either or both of the following, if applicable: … if the requisitioned property has been used while under emergency management control, [or if it] has suffered any loss or damage while under emergency management control,”. I’ve summarised that. How quickly must compensation be paid? Would the Minister support having a simpler, independent compensation process?

I do want to ask a question—my last question—and I don’t have the reference here, but I’m confident that the Minister will know what I’m referring to in regard to compensation. I’ve had some direct feedback from some community-based civil defence groups about the struggle that they have had in the timeliness of compensation for the out-of-pocket expenses they have made in standing up responses. Is there any inclination by the Minister to simplify that process, to speed it up, and also to lessen the scrutiny some of those community-based civil defence committees have to go through when spending those out-of-pocket expenses themselves?

Committee of the whole House

Madam Chair, although I appreciate the member Cushla Tangaere-Manuel is giving us the list of questions, what it’s meaning is that with the other questions we’re sort of playing catch-up, and so I apologise to the member Dan Rosewarne. We will get that answer to you.

In relation to the information question—and I will wait for some information from the officials around the information question. It’s a really good one, but what I can see here is a subheading within clause 173 that says, “Information must be disclosed or used only for the purpose of this Act”, and then it goes on to say that “(3) The person may disclose or use that information only for the purposes of this Act. (4) However,—(a) the person may disclose to a responsible person information that—(i) is relevant to the exercise of powers under subpart 6B of Part 2 of the Building Act 2004 in an area for which a state of emergency or transition period has been declared; and (ii) is to be used in connection with the exercise of those powers in that area; and (b) the person must not use information that an essential infrastructure provider provides when performing an obligation under section 74 to enforce obligations under this Act, other than the obligations in section 74 itself.”

I know this relates to infrastructure, but I’ll bring the member back to the fact that information must be disclosed and used only for the purposes of this Act. I think that is a really good point, and I will seek further clarification on that from the officials.

In relation to compensation, yeah, I totally and fully acknowledge that it could be iwi, hapū, and marae that respond. Basically, they empty their cupboards, they provide all the support, and we’ve got to be able to replenish them. At times that hasn’t been done quickly enough, without a doubt, and that is why—under the direction of the Prime Minister, actually—we’ve made changes to try and cut the red tape and compliance issues around that, based on good faith by both parties, to be able to get money out much quicker to marae for them to be able to replenish and be in a much stronger and better position to be able to support their communities when the next weather event comes through. As members know, there has also been an enormous amount of work, and I’d like to acknowledge my good friend the Hon Tama Potaka, who, along with myself—especially up on the East Coast—has done a lot of work with marae on relocation and making sure that they are supported.

On the other points, I’ll come back to the member, but I just wanted to start with those two points, and I know for a fact that we’ve already been doing a lot of work to address them.

CHAIRPERSON (Maureen Pugh): The question is that the Minister’s amendments to Part 5 set out on Amendment Paper 750 be agreed to.

Amendments agreed to.

CHAIRPERSON (Maureen Pugh): The question is that Dr Lawrence Xu-Nan’s tabled amendment replacing clause 180(3)(a) be agreed to.

Amendment not agreed to.

CHAIRPERSON (Maureen Pugh): The question is that Steve Abel’s tabled amendment replacing clause 182(2)(a) be agreed to.

Amendment not agreed to.

CHAIRPERSON (Maureen Pugh): Kahurangi Carter’s tabled amendment replacing clause 183(4) is out of order as not being in the correct form of legislation.

The question is that Tamatha Paul’s tabled amendment replacing clause 184(2)(a) be agreed to.

Amendment not agreed to.

CHAIRPERSON (Maureen Pugh): The question is that Mike Davidson’s tabled amendment replacing clause 186(2)(a) be agreed to.

Amendment not agreed to.

CHAIRPERSON (Maureen Pugh): The question is that Dr Lawrence Xu-Nan’s tabled amendment replacing clause 189(2)(a) be agreed to.

Amendment not agreed to.

CHAIRPERSON (Maureen Pugh): The question is that the Hon Julie Anne Genter’s tabled amendment to clause 196A replacing the definition of “personal property” be agreed to.

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

Ayes 43

New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; Te Pāti Māori 1; Kapa-Kingi.

Noes 67

New Zealand National 48; ACT New Zealand 11; New Zealand First 8.

Amendment not agreed to.

CHAIRPERSON (Maureen Pugh): The question is that the Hon Julie Anne Genter’s tabled amendment replacing clause 210(2)(a) be agreed to.

Amendment not agreed to.

CHAIRPERSON (Maureen Pugh): The question is that Chlöe Swarbrick’s tabled amendment to clause 210(2) inserting new paragraph (c) be agreed to.

Amendment not agreed to.

Part 5 as amended agreed to.

CHAIRPERSON (Maureen Pugh): Members, before we go to Part 6, the Minister was going to respond to a couple of questions.

Committee of the whole House

Thank you, Madam Chair. I just want to clarify for the member Dan Rosewarne: you were asking about being able to provide proof when powers are conferred on someone. You used the example of, you know, you’re out on the ground, you’ve got a truck loaded with goods, you’re crossing a swollen river and someone’s stopping and saying, “Are you allowed to get through here?” Well, it’s not related to that. You’d hope that common sense and good communication is on the ground, and that’s what we’re trying to improve through the bill so that we’d actually be able to deal with that. It’s more about when specific powers are conferred on someone and they have then got the powers to be making decisions that impact on others. That is what that refers to.

Committee of the whole House

Part 6 Amendments to other legislation and repeal, and Schedule 5

CHAIRPERSON (Maureen Pugh): Members, we come now to Part 6. This is the debate on clauses 217 to 224, “Amendments to other legislation and repeal”, and Schedule 5. The question is that Part 6 stand part.

Mike Davidson’s tabled amendment inserting new clause 221A is out of order as being inconsistent with a previous decision of the committee.

The question is that Ricardo Menéndez March’s tabled amendment inserting new clause 222A to insert new section 101A into the Social Security Act 2018 be agreed to.

Amendment not agreed to.

Part 6 agreed to.

A party vote was called for on the question, That Schedule 1 be agreed to.

Ayes 108

New Zealand National 48; New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; ACT New Zealand 11; New Zealand First 8.

Noes 2

Te Pāti Māori 1; Kapa-Kingi.

Schedule 1 agreed to.

A party vote was called for on the question, That Schedule 2 be agreed to.

Ayes 108

New Zealand National 48; New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; ACT New Zealand 11; New Zealand First 8.

Noes 2

Te Pāti Māori 1; Kapa-Kingi.

Schedule 2 agreed to.

A party vote was called for on the question, That Schedule 3 be agreed to.

Ayes 108

New Zealand National 48; New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; ACT New Zealand 11; New Zealand First 8.

Noes 2

Te Pāti Māori 1; Kapa-Kingi.

Schedule 3 agreed to.

CHAIRPERSON (Maureen Pugh): The question is that the Minister’s tabled amendment replacing clause 7(3) of Schedule 4 be agreed to.

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

Ayes 108

New Zealand National 48; New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; ACT New Zealand 11; New Zealand First 8.

Noes 2

Te Pāti Māori 1; Kapa-Kingi.

Amendment agreed to.

CHAIRPERSON (Maureen Pugh): The question is that Hana-Rawhiti Maipi-Clarke’s amendments to Schedule 4 set out on Amendment Paper 734 be agreed to.

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

Ayes 43

New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; Te Pāti Māori 1; Kapa-Kingi.

Noes 67

New Zealand National 48; ACT New Zealand 11; New Zealand First 8.

Amendments not agreed to.

A party vote was called for on the question, That Schedule 4 as amended be agreed to.

Ayes 108

New Zealand National 48; New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; ACT New Zealand 11; New Zealand First 8.

Noes 2

Te Pāti Māori 1; Kapa-Kingi.

Schedule 4 as amended agreed to.

CHAIRPERSON (Maureen Pugh): Schedule 5. The question is that the Minister’s amendments to Schedule 5 set out on Amendment Paper 750 be agreed to.

Amendments agreed to.

A party vote was called for on the question, That Schedule 5 as amended be agreed to.

Ayes 108

New Zealand National 48; New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; ACT New Zealand 11; New Zealand First 8.

Noes 2

Te Pāti Māori 1; Kapa-Kingi.

Schedule 5 as amended agreed to.

Committee of the whole House

Clauses 1 and 2

CHAIRPERSON (Maureen Pugh): Members, we come now to our final debate. This is the debate on clauses 1 and 2, “Title” and “Commencement”. The question is that clause 1 stand part.

A party vote was called for on the question, That clause 1 be agreed to.

Ayes 108

New Zealand National 48; New Zealand Labour 30; Green Party of Aotearoa New Zealand 11; ACT New Zealand 11; New Zealand First 8.

Noes 2

Te Pāti Māori 1; Kapa-Kingi.

Clause 1 agreed to.

CHAIRPERSON (Maureen Pugh): The question is that the Minister’s amendment to clause 2 set out on Amendment Paper 750 be agreed to.

Amendment agreed to.

Clause 2 as amended agreed to.

Bill to be reported with amendment.

House resumed.

Planning Bill

Natural Environment Bill

Emergency Management Bill (No 2)

Report of Committee of the whole House

CHAIRPERSON (Maureen Pugh): Mr Speaker, the committee has considered the Planning Bill and reports it with amendment. The committee has also considered the Natural Environment Bill and reports it with amendment. The committee has also considered the Emergency Management Bill (No 2) and reports it with amendment. I move, That the report be adopted.

Motion agreed to.

Report adopted.

SPEAKER: The Planning Bill and the Natural Environment Bill are set down for third reading next sitting day. The Emergency Management Bill (No 2) is set down for third reading immediately.

Emergency Management Bill (No 2)

Third Reading