Subordinate Legislation Confirmation Bill (No 3)

I move, That the Subordinate Legislation Confirmation Bill (No 3) be now read a second time.

Subordinate legislation confirmation bills are an annual event and usually mark the rapid arrival of Christmas. Their purpose is to confirm, by Act of Parliament, regulations that would otherwise lapse at a particular date. The process is set out in the Legislation Act 2012, having been clarified and detailed by the Legislation (Confirmable Instruments) Amendment Act 2015. There is no fixed category of regulations that have to be subject to this procedure, but they tend to be those that are towards the edge of what is regarded as acceptable use of regulation-making powers, and, indeed, the Regulations Review Committee has suggested that four categories of regulation should be considered especially suitable for statutory confirmation. These are regulations that are emergency regulations, regulations imposing a financial charge in the nature of a tax, regulations amending the empowering Act or another Act—or Henry VIII clauses—and regulations dealing with issues of policy under the authority of a broad empowering provision.

This second reading debate is the only opportunity that the House has, as a whole, to consider a bill such as this. The first reading is without debate, as is the third reading, which will follow the second reading forthwith. It’s important that the House passes the bill by the end of the year, as any duties or levies that have been paid under a regulation that is not confirmed by the due date have to be returned to those who have paid them—a complex and expensive bureaucratic nightmare.

The detailed scrutiny of the bill and the regulations that it validates was done on the House’s behalf by the Regulations Review Committee, most capably chaired by the Hon David Parker—a Labour MP—assisted by two members who returned after the election: Michael Wood and Chris Bishop, the latter being a National MP; and two, of course, who did not return to the House after the election: the Hon Craig Foss and the Hon Chester Borrows.

This year’s bill confirms delegated legislation made under six Acts: the Commodity Levies Act 1990, dealing with chicks and eggs; Customs and Excise Act 1996; the Education Act 1989; the Energy (Fuels, Levies, and References) Act 1989; the New Zealand Superannuation and Retirement Income Act 2001; and the Social Security Act 1964.

The regulations under the Customs and Excise Act that are to be confirmed place strict limitations upon the importing of southern bluefin tuna, raise tobacco duties, ban the import of high-powered lasers, and adjust duties on alcohol in line with increases in the Consumers Price Index.

The Commodity Levies (Eggs) Order 2016 imposes a levy of 36 cents a chick when sold for egg production.

💬 Chris Bishop: Is that right?

It also defines what a chicken is, Mr Bishop.

💬 Simeon Brown: What is a chicken?

A member of the species Gallus domesticus—I’m surprised that the honourable member did not know that—which, of course, would be useful for someone like the Hon Chris Hipkins, whose notes I’ve had the benefit of casting my eye over prior to arriving in the House tonight, because he, of course, was thrown out of the Chamber for using the word “chicken” once upon a time. It is late at night, Mr Assistant Speaker, and these are the things that we use to entertain us.

The education regulations clarify the rules around eligibility for tuition subsidies, a matter that is going to have the attention of this House very soon. Regulations made under the Energy (Fuels, Levies, and References) Act 1989 concern rates of levies or duties for the petrol or engine fuel levy or gas safety monitoring and energy efficiency levy. Various rates of benefits and allowances are increased by the Social Security (Rates of Benefits and Allowances) Order 2017. Finally, accommodation supplements are raised and area definitions relating to them are altered to better meet the effects of the National Government’s inflated rental market.

The wide range of regulations confirmed by the Subordinate Legislation Confirmation Bill (No 3) show the value of regulation making as a tool for the executive to respond to changing circumstances in a way that is quicker and more appropriate than the full legislative process would allow yet still subjects these important pieces of Government decision making to the scrutiny of Parliament by means of referral to the Regulations Review Committee. I commend this bill to the House.

Thank you very much, Mr Assistant Speaker. It’s interesting what you learn every single day, and tonight I learnt the technical definition of a chicken. It’s very good, because there was some story about “Mr Chicken Little”, but I don’t think that was referring to anyone around here, ha!

It’s good to be able to take a call on this legislation, the Subordinate Legislation Confirmation Bill (No 3), which is the second reading in the name of the Hon Chris Hipkins. The Government—

Debate interrupted.

The House adjourned at 10 p.m.