Customs and Excise Amendment Bill (No 2)

As current events in Lebanon and Israel illustrate, we live in a dangerous and uncertain world. The events of 9/11 in the USA and subsequent acts of terrorism in Madrid, in Bali twice, in London, and elsewhere—all perpetrated by Islamic extremists who chose to advance their political agenda by having recourse to indiscriminate acts of violence—have been well documented over recent times. I think that all the civilised nations of the world are now determined, jointly, to do all they can to eliminate the potential for such evil to continue in our world.

It is in that context that we come to this Customs and Excise Amendment Bill (No 2), because this bill seeks to amend the Customs and Excise Act 1996 in order to strengthen border security measures and to provide for more effective, integrated border management across all Government agencies with an interest at the border. The amendments aim to counter terrorism and transnational crime and to provide consolidation to amendments made to the Act in 2004, as well as to enable the Customs Service to contribute better to the Government’s collective interest at the border. Of particular importance in this bill is an amendment in relation to the Custom Service’s ability to deal with false and forged travel and identity documents.

During the last Parliament, through an amendment to the Act in 2004, the Government brought in a new range of measures to do with the importation of goods into New Zealand, the exportation of goods from New Zealand, and the passing of goods through New Zealand in transit, say from Fiji to Los Angeles. There was a tremendous expense involved on behalf of the Crown to implement those new border security measures, but they were necessary if we were to continue, for example, to be able to export goods from this country to the United States, or if other nations wanted to trans-ship goods through our country to the United States. And that is just one indication, I guess, of a huge investment collectively—into the billions of dollars—that has happened around the world, to try to counter the actions of terrorist organisations coming to us, particularly from Islamic nations.

At the time, United Future argued very strongly that the Government alone should bear the costs involved. We regard it, classically, as defence-of-the-realm expenditure. The Government has a high priority—one of the highest priorities of any Government—to defend the citizens of this country against acts of terrorism. That, of course, applies particularly to the importation of goods into our country where, for example, bombs and other devices could be stored in cargo holds or in containers coming into New Zealand. I re-emphasise that United Future continues to believe that the costs relating to border control—to the extent that those costs in turn are related to terrorism and to transnational crime or, indeed, when we come to forged passports and other travel documents and even to the interchange of spy networks within the world—need to continue to be borne by the Crown. They are no different, if you like, from the mainstream expenditure we have through Vote Defence, in its attempt, basically, to protect this nation from the activities I have mentioned.

I want to make the point today that we as a party want to continue down that track. Therefore, although we will be supporting the first reading of this bill, we do so on the understanding that those costs will continue to be borne by the Crown, and that no further attempt will be made by the Government to push them off on to exporters or importers. In fact, as far as exporters are concerned, I believe that we need to give them every encouragement at this stage in our economic cycle—given the balance of payment situation we have—and we should not be imposing costs on them that will make exporting from this country more difficult. That is counterproductive for them and it is counterproductive for the national interest. With those few remarks, I have pleasure in signalling United Future’s support for the bill.

Tēnā koe e te Kaikōrero, tēnā tātou e te Whare. I te Wiki o Te Reo Māori, i tino kaingākau ki a au kia mōhio ki ngā ingoa Māori mō ngā Tari o te Kāwanatanga. E mea ana, ko te ingoa Maori, mo te New Zealand Customs Service koia, ko “te Mana Arai o Aotearoa” a, kei a ia te mana hei ārai, hei tiaki i a Aotearoa. Mēinga mēinga! Kei a wai rā te mana? Koia rā te pātai. Ki tā te tangata whenua, kotahi anake te mana hei ārai i a Aotearoa nei, arā, ko te mana tērā o Te Tiriti o Waitangi. Nā, hakoa kua āhua kāpō ngā kiore e toru, arā, ko Reipa, ko Niu Tīreni te Tuatahi, me Nāhinara. Hakoa hanga mataku anō hoki ki te hekenga o ā rātou pōti, e mōhio ana te iwi whānui o Aotearoa ko te Tiriti te tino kaupapa mō te whenua nei. Mā te Tiriti i whakaritea te kaupapa o te Kāwanatanga, arā, ko te mana whakahaere me te kaupapa rangatiratanga, arā, ko te mana o ngā hapū me ngā iwi Māori. Mā te Tiriti anō ka taea a tauiwi ki te noho pai i raro i ngā manaakitanga o te kāwanatanga o ngā Tametame.

Ko te kaupapa hei whakamana i te nohotahi koia ko te tiaki, te manaaki, ko te whakamarumaru i ngā tikanga o te ao Māori hei hapū, hei iwi rānei i raro i te Wāhanga Tuarua. Hei tangata i raro i te Wāhanga Tuatoru o te Tiriti o Waitangi. Inā kite ana au ki ōku iwi o Te Tai Tokerau, ka nui rawa aku pātai mō te āhua o te mana o te Tari Arai o Aotearoa ki tērā o te mana o te Māori i a rātou e ārai ana i ō rātou whenua, taonga anō hoki. Ka kitea i roto i te ripoata o Muriwhenua e mōhio tūturu ana ngā hapū me ngā iwi o Te Tai Tokerau, he aha ō rātou mana ki te whenua, mana ki te moana. Kāhore i rerekē taua mana, atu i te taenga mai o tauiwi. I puta mai te whakaaro tiaki ā-rohe, me te whakaaro whakahaere ā-takiwā mai i te kōrero o te wā hokohoko a te iwi Māori me te Pākehā.

Anei te ripoata a Muriwhenua: “Kua kitea, e whakaarohia ana te Māori, kei a ia tonu tōna mana.”

[Greetings to you, Madam Assistant Speaker, and to us in the House. In Māori Language Week, the sources behind the Māori names that have been created to describe the various Government departments were a particular interest for me. The Māori name for the New Zealand Customs Service is “te Mana Arai o Aotearoa”, and means “the authority that screens and protects New Zealand”. Yeah right! It is a question of authority—whose authority? The only authority that tangata whenua know of as being able to protect Aotearoa is Te Tiriti o Waitangi. And even if the three blind mice—Labour, NZ First, and National—pretend not to see, and are running scared of the polls, the rest of New Zealand knows that it is in the Treaty that our foundations lie. It is the Treaty that balances kāwanatanga—the right to govern; with rangatiratanga—hapū and iwi authority. The Treaty enabled settlers to establish themselves in Aotearoa and to live here in peace under the protection and control of the British Government.

The partnership principle translated in practice towards an assumption that Māori would have their rights and interests recognised and protected, both as individual citizens—article 3—and as members of hapū and iwi—article 2. When I look to my own people of Te Tai Tokerau, I am given even more reason to question this concept of authority via the Customs Service, when compared with the exercise of authority by Māori communities over their land and resources. The Muriwhenua report shows that hapū and iwi of the north were very clear about their rights of authority over their lands and seas, and this did not change with the arrival of the European settlers. The concepts of border security measures and integrated border management derive from those early accounts of our people trading with Europeans.

The report had this to say: “There is evidence that Māori saw themselves as retaining control.”]

💬 Hon Nanaia Mahuta: I raise a point of order, Madam Speaker. E ai ki te Whakataunga Tū Roa 107, ko ngā kōrero i puta mai i roto i tēnei Whare e pā ana ki ngā pire, mō te pire anake. Pai ki te whakarongo ki ngā kōrero o te mema o Te Tai Tokerau engari, ka āhua whakaarohia me huri mai ōna whakaaro ki te pire.

[According to Standing Order 107, debates in this House about bills must be relevant to the bill itself. While it is nice to listen to what the Te Tai Tokerau member is talking about, there comes a time when he must bring his thoughts back to the bill.]

My point of order is this—and in terms of Standing Order 107 the issue of relevancy is at its heart—I take on board that the member for Te Tai Tokerau wants to expand on his views around mana, around the views according to the principles of the Treaty of Waitangi, and that is well and good. However, his speech must be relevant to the bill at hand, which is the Customs and Excise Amendment Bill (No 2) so, Madam Assistant Speaker, I just ask you to rule accordingly.

The ASSISTANT SPEAKER (Ann Hartley): Thank you. Certainly, the member needs to speak relevantly. I cannot actually judge that until we have had the interpretation, which puts me in a somewhat difficult position. However, I just ask the member to make sure that what he is saying is relevant to the bill.

💬 Hon Nanaia Mahuta: I raise a point of order, Madam Speaker. Just as a matter of clarification to aid the House therefore, could I ask, with the member’s indulgence, whether the interpretation can happen throughout the speech, so that members are able to ascertain what is being said and determine the relevance of that in relation to the bill before the House.

The ASSISTANT SPEAKER (Ann Hartley): The member raises an important point. I probably was remiss in that I did not say to members that the member had indicated that he wanted to give his whole speech without interpretation. But certainly it does raise an issue—the issue we are dealing with now. However, I think that in this instance we will just continue.

Anei te ripoata a Muriwhenua: “Kua kitea, e whakaarohia ana te Māori, kei a ia tonu tōna mana. Kua kitea anō rā ngā mahi ā ngā Māori kia whai i ngā utu mō ngā taunga kaipuke me ngā utu mō te wai mā tauiwi anō rā hei utungia. E hia te roa atu i tērā, kāhore te Māori i whakaae ki ngā tāke a te Kāwanatanga me ngā utu taunga kaipuke a te Kāwanatanga i te whakaaro, nā rātou tonu tērā mana. I mārama ai te Pākehā, ā, kāhore hoki i ngaro i te Māori, ko te mana hoko taonga, te mana whakaae, te mana kia uru atu. Kei te Māori tonu tērā mana.”

Kua kitea ināianei, i aua rā i kakama, i matatau te Māori ki ngā mahi tiaki ā-rohe, whakamarumaru anō hoki i ngā whenua me ngā moana o Aotearoa. Ko wai ka mauheria? Nā, i te mea ehara ko mātou ngā tāngata kei muri i ngā tēpu ārai tangata, ko te pātai, ko wai ngā tāngata i mauhere i runga i te whakaaro whakapae noa iho. Me te pātai o te Pāti Māori anō, he aha te tū o te āhua kaikiri i a rātou e whakapae ana he tangata whakatumatuma kua tae mai? Kua kite harikoa mātou ki te tū a te Tari Arai o Aotearoa, kia ū ki ōna kawenga ki te Māori i raro i Te Tiriti o Waitangi me ngā kaupapa hei mahia e te Karauna. Ko te wawata mā tēnei tū whakapono, ka mōhio te iwi whānui ki te āhua o te rangatiratanga, arā, mā te Māori anō te Māori hei ārahi i raro i te mana o te Tiriti o Waitangi. Kei reira anō te mana ka taea ai te tangata kia haere ki hea noa atu i raro i tōna mana tangata whenua.

I tēnei tau i whakanuia mātou i te huritau, rua tekau mā rima mai i te wā o te haerenga mai o te Tīma Whutupaoro o Awherika ki te Tonga. I puta mai ngā whakaaro wetiweti i taua wā, te wā i whakawhiti tika ai ngā tangata mai i tētahi whenua ki tētahi atu nā te tino raru me te mataku o te tū o te Kāwanatanga o Awherika ki te Tonga. Mōhio ana te nuinga ō mātou ki ngā tāngata rua tekau i huaina mai e te Security Intelligence Service, ko rātou ngā kaiporotehe i te wā o te Tira nō Awherika ki te Tonga. Ko te huaina i ngā tāngata hei tāngata tūraki—pērā i a Donna Awatere, i a Dunn Mihaka, i ahau anō hoki—he tauira tērā o ngā mahi ā ngā āpiha o te Kāwanatanga, mēnā ka whakaae mātou kia whakamana rātou hei kai whakawā, kaipupuri, kaihopu rānei. E whakakaha ana te pire nei i te Kāwanatanga kia taea e ōna āpiha te rapu, te here, kia whakaroa te pupuri i runga i te whakaaro whakapae noa iho. Ki te Pāti Māori, horekau he take mō ēnei tū momo āhua—ko tā mātou, kei reira kē, te ture ināianei.

Tuku rawa, whakarau rawa: kia whakaritea. Ko te pātai whakamutunga e pā ana ki ngā wāhanga rima tekau mā whā, rima tekau mā ono o te Ture. E mea ana te Pāti Māori, mēnā e piri pono ana ki ngā kaupapa o te pire, arā, kia whakapakari ai ngā tāngata ārai takiwā me toro atu ēnei kaupapa whakakapi mai i ngā tuku rawa ki ngā rawa e uru mai ana hoki. Hari ana mātou ki ngā mahi a ngā tari ārai whenua e tautoko kaha ana i ngā tikanga o te Ture Whakakāhore Tuku Rawa rua mano o rua. E tika ana kia maumahara tēnei Whare i te tangata e tuku pounamu ki tāwāhi, i te tau rua mano mā toru. E mea ana ia, he koha noa iho mō te iwi o Rapanui. Engari, kotahi te mea i warewaretia. Kāhore ia i īnoi atu ki te Kaporeihana o Mawhera, kia whakaae ki tōna tangohanga i tērā taonga mai i te awa o Arahura. Ka mihi te Pāti Māori ki te Tari Arai o Aotearoa, mō tōna tautoko i ngā mahi rāhui i ngā rawa tuku. Engari, ko te pātai tonu, he aha i kore ai te rāhui nei e tau ki runga i ngā rawa uru mai?

E mōhio ana tātou ki ngā kaimahi whāriki, kākahu, hū anō hoki i roto o Aotearoa, i mārakerakehia ki ngā rawa o Singapore i ēnei wā i raro i te kaupapa hokohoko-korehere i waenganui i a mātou, me rātou anō. He tino kaupapa kia tohutohua te Arai o Aotearoa kia āta tirohia i ngā rawa i uru mai nei i Singapore, kia kaua rātou e whiwhi painga mō ngā utu here kua tangohia mai i ngā rawa o reira.

Ko te kōrero whakamutunga, me āraihia e tātou te āhua o tō tātou noho i Aotearoa, te whenua i kōrerotia nei ko tō tātou kāinga, he karanga kohukihuki, pērā i te karanga a ōku tūpuna o Muriwhenua i tērā rau tau. Kāhore mātou i te hiahia kia kaua ngā tāngata whenua o te ao ka taea te uru mai ki Aotearoa nā tēnei mahi kikino a te kaikiri. Kāhore mātau i te hiahia kia tohua ā mātou tohunga pūkenga hei tangata whakatuma me wērā atu ingoa whakaiti tangata. Kāhore mātou i te hiahia kia kore e taea te tangata kia tū, kia wero, nā te kaha o te Kāwanatanga patu whakatumatuma. E hiahia ana mātou kia manaakihia, kia tū te mana tangata, kia kaua e waimemeha i raro i ngā whakahaeretanga o te ture.

E mea ana te kōrero, horekau he painga i roto i te mahi hē. Mēnā ka tahuri koe kia wero i te mana Kāwanatanga, ko te mutunga, he kai nā te ahi. Ko te tono o te Pāti Māori mā te mana o Te Tiriti o Waitangi ka taea e mātou te mau tika ki ngā wawata o te iwi. E tautoko ana mātou i tēnei pire hakoa ō mātou āwangawanga kia kore e nui ake ngā kaupapa rapa, herepū rānei. Ka titiro whakamua mātou ki nga kōrero o te komiti whakawā, ā, ki te ripoata o taua komiti. Tēnā koutou. Kia ora tātou katoa.

[An interpretation in English was given to the House.]

[The report had this to say: “There is evidence that Māori saw themselves as retaining control. This is demonstrated in their political acts of levying anchorage and watering fees, which Europeans found they were bound to pay. Much later, Māori were intensely opposed to Government customs duties and harbour charges, as they considered only Māori could levy these. It was further apparent to Europeans—and the point was not lost on Māori—that trade relied totally on Māori permitting access to resources.”

As our early relationships reveal, Māori originally had the experience and custom of effective and integrated border management, as would be expected for our ongoing authority over both land and sea. Who is detained? Having established, then, that we are not the ones behind the customs desk, the question must be asked about who are the people detained on suspicion. The Māori Party asks particularly what is the likely place of racism in determining risk, in identifying the threat of terrorism. We note with delight that the Customs Service identifies a commitment to meeting its responsibilities to Māori under the Treaty of Waitangi and the principles for Crown action. We would hope that such a commitment might lead to an understanding of rangatiratanga, of self-determination, and of Treaty rights—rights that extend across international borders in the context of indigenous peoples.

This year we have marked the anniversary of 25 years since the 1981 Springbok tour. The potential risks arising from international travel, while facilitating the legitimate movement of people across the border, came to a particular frenzy under the spotlight of apartheid. Many of us knew of the 20 subversives who were on a list drawn up by the Security Intelligence Service to identify those who took part in protests against the tour. The singling out of individuals as subversives—like Donna Awatere, Dun Mīhaka, and myself—are examples of the types of targeting that can go on when officials are given inordinate authority to question, detain, or arrest. The bill increases the power of authorities to search and seize, to delay and detain, all according to their suspicions, their preconceived perceptions. The Māori Party believes such authority to be unnecessary—we would suggest there is sufficient authority already in place.

Exports, imports: it works both ways. The final question we have is around sections 54 and 56 of the Act. The Māori Party suggests that if one is really committed to the bill’s purpose to enhance border security measures, new prohibitions on exports should also be carried over to imports. We have been pleased with the vigilance of border agencies in upholding such measures as the *Customs Export Prohibition Order 2002. This House will no doubt recall the attempt to export a piece of pounamu in 2003. The person involved alleged that it was a gift for the people of Rapanui (Easter Island). But they forgot one small detail—the need to gain consent from the Mawhera Incorporation for any such taonga retrieved from the Arahura River. The Māori Party commends the commitment of the Customs Service to uphold its Treaty commitments, in this area of prohibitions on exports. But we do have to ask why the same situation does not apply to imports.

We are all aware that the manufacturers of textiles, clothing, and footwear in Aotearoa will be exposed to greater competition from exports originating in Singapore as a result of free-trade relationships. It is really critical that the Customs Service is asked to closely monitor imports from Singapore to ensure that nations do not derive any unintended benefits from the removal of tariffs on goods of Singapore origin.

Finally, the need to protect and preserve the unique nature of life in Aotearoa, and all who call this land home, is as urgent now as it was with my Muriwhenua tupuna last century. We do not want other indigenous peoples of the world to be excluded from Aotearoa, as a result of the ever-pervasive purging resulting from racism. We do not want activities of our independent leading thinkers to be redesignated as terrorist actions of activists and radicals. We do not want democratic challenge to be stifled as part of the regime of terrorism suppression. We want protection and preservation, not the erosion of human rights or the withdrawal of due process under the law.

They say that crime does not pay—that turning against the authority of the land will result only in deep heat. The Māori Party urges everyone to be guided by the true authority of Aotearoa, Te Tiriti o Waitangi, and to stay true to the aspirations of our nation. We support the Customs and Excise Amendment Bill, despite our reservations and although we do not believe that the additional search and seizure strategies are necessary. We look forward to the discussion and report back from the select committee. Greetings to you, and good health to us all.]

I just say to the member, and to Nanaia Mahuta, the member who raised the point of order, that the point of order was absolutely correct. A lot of that speech was not relevant. The presiding officers will have to discuss how we deal with speeches, and whether we will allow the whole 10 minutes before we have the interpretation, because it was impossible for anyone to rule on that. We will certainly have a look at the matter, but I do uphold the member’s point of order.

I raise a point of order, Madam Speaker. He aha ngā mea kua hē ki taku kaupapa?

[An interpretation in English was given to the House.]

[What aspects of my speech were incorrect?]

The ASSISTANT SPEAKER (Ann Hartley): I have ruled that much of the speech was not relevant to the Customs and Excise Amendment Bill (No 2), and that is the end of the matter. I took particular note of the translation, and I ruled that what the member raised in her point of order was correct. If any member had raised that issue, and if I had been able to understand the speech, I would have ruled in exactly the same way. Much of the speech was not related to the bill. That is the end of the matter. I have ruled on the point of order, but we will consider the matter.

I raise a point of order, Madam Speaker—

The ASSISTANT SPEAKER (Ann Hartley): Is the member raising a point of order?

Āe.

The ASSISTANT SPEAKER (Ann Hartley): I just say to the member that if the point of order concerns what I have already ruled on, it would be disorderly.

Ehara.

[An interpretation in English was given to the House.]

[No.]

The ASSISTANT SPEAKER (Ann Hartley): No? The member is saying it is a new point of order. Hone Harawira.

Tēnā koe e te Kaikōrero. Taku rongona atu ki ngā kaikōrero roto i te Whare nei, tino whānui rawa ngā kōrero a ia kaikōrero mō te kaupapa. He aha te take e whakakāhoretia ana koe i taku kōrero?

[An interpretation in English was given to the House.]

[Greetings to you Madam Assistant Speaker. I have listened to addresses in this House by various speakers and they draw a very long bow about a topic. Why are you ruling out my speech?]

💬 Hon Nanaia Mahuta: Point of order—

Just a minute; I am going to rule on this point of order. The point about the matter is that a member has an absolute right to raise a point of order about relevancy, and that was done. I could not rule at the time, but when I heard the interpretation, Nanaia Mahuta, the member raising the original point of order, was correct. So the member cannot now contest my ruling on that—I have ruled on it. But the member is right in saying there is sometimes an issue of relevancy—it often depends on the context. However, a point of order was raised on the matter of relevancy. That is the end of this matter.

💬 Dr Pita Sharples: Point of order—

The ASSISTANT SPEAKER (Ann Hartley): No, Dr Sharples, I am not going to take any more points of order on the same matter.

Bill read a first time.

Bill referred to the Foreign Affairs, Defence and Trade Committee.