Earthquake Commission Amendment Bill
Good morning members. When we rose for the evening, we were considering Part 1 of the Earthquake Commission Amendment Bill. Jo Hayes has the call and has 40 seconds remaining if she so wishesâif we get a Minister in the chair.
Thank you very much for allowing me to complete my discussion last nightâmy debate on the Earthquake Commission Amendment Bill. As I said last night, there needed to be some shaping up of the role of the Earthquake Commission. A lot of people in Christchurch needed something like this bill. We canât get it right all the time, but I think that with National supporting this bill, we can make sure that it is really fit for purpose. As I said last night, Christchurch seems to have horrible disasters that end up affecting and making stronger the pieces of legislation. The Christchurch earthquakeâ
CHAIRPERSON (Poto Williams): I apologise to the member. Your time has expired.
Thank you, Madam Chair. Iâd firstly like to congratulate the Hon Willie Jackson, who seems to have been able to set his alarm clock very well this morning! So itâs great to see you in the chair, Minister.
I want to talk about the collection of information and Iâd like toâand while I accept this is a vital part and a role for the commission to actually utilise the information that they have and that can be gathered by them and other agencies to help inform for future disasters and the management of the disaster that theyâre in at that time. However, I would point to the evidence given in the Finance and Expenditure Committee by the Privacy Commissioner. Their role, of course, is to scrutiniseâor one of their rolesâlegislation and to consider how that may or may not affect the privacy of individuals. In their submission, firstly, they pointed out they werenât able to see the legislation before it was entered into the House, and I think that is not a good thing in the first instance.
I think really whatâs been happening with this Governmentâs been quite schizophrenic in some waysâwhere itâs rushing headlong in with great haste to do some things and with other things theyâre putting all of these commissions and inquiries in and so on. But a little bit more care would be much more helpful, I think, to ensure that we get good legislation, because we all accept right across the House that the Earthquake Commission (EQC) has a vital role to play, and that being set up as a good organisation is underpinned by legislation. And if we donât get the legislation right, then weâre not doing a good service to those people who were badly affected in Christchurch and will be in the future, if we donât get this legislation right.
Their comments on the bill relate solely to new section 31A in clause 5. That was where their big concerns were, and they were very concerned they didnât have the opportunity to review the bill prior to its introduction. So they said there was âunintended consequences for privacy and lead to greater complexity for EQC.â And I think those are things that we should be concerned about. We want this organisation to be able to run smoothly and provide the service that we all expect. And so they proposed that new section 31A be removed. So Iâd really like to have the Minister tell us what reaction the Minister has to that. What does the Minister think would be achieved for the greater good without impacting on the privacy of individuals? I think itâs vital that we donât trample on those rights of individuals.
It says in new section 31A(4)âthey donât support the new section as it departed from the definition of personal information under the Privacy Act. They think that âCreating a bespoke definition for EQCâs specific circumstances is unnecessaryâ and, once again, we support EQC. We support the whole premise of the legislation. However, we have to be mindful of peopleâs privacy. And so a little more care, I think, in the work behind drafting this legislation would have been well rewarded and would have made things much simpler for people in this situation. I know the select committee spent a lot of time going over these issues and I think that we owe it to ourselves, when entering legislation on to the books, to do a good job. A select committee process is part of that, but getting things before institutions such as the Privacy Commissioner ahead of the introduction of a bill would short circuit a whole lot of these issues.
So Iâd really like to hear from the Minister in the chair on his reaction to that. He looks bright and sparky this morning. Iâm sure heâs ready to answer the question and ease all of our concerns on this side of the Chamber so that we may go further through with this bill with a greater sense of confidence that New Zealand is going to be well served by this legislation. Thank you, Madam Chair.
Thank you, Madam Chair. I wanted to take a brief callâand it probably will be briefâon that Part 1, clause 7(2), inserting clause 7(2A) into schedule 3, and it points to the fraught difficulty of this type of legislation and the challenges that the commission will inevitably face despite the cleverness of our legislative ability in this Chamber.
So if you look at 7(2A), it talks about time limits and things like that on claims. I can point to evidence, even in the ManawatĹŤ, of a building that was damaged in the 1931 Napier earthquake, patched up, and re-damaged again in recent earthquakes. The issue that this part of the legislation brings out is the extreme difficulty that will occur in places where weâve had major earthquakes, such as Christchurch, in the event of another event, and then the dissemination of the information thatâs required to point to whether that damage was created earlier or later and which event it was part of. And whilst I think that this is as good as you could do with the legislation, it none the less will inevitably lead to significant arguments.
So 7(2A)(b), for example, points to the time that notice is given, and it gives the commission, I think, something like three months to accept or decline that information. And that will be very difficult, because it will take some understanding of the time that the damage occurred, and it is inevitable that there will be significant amounts of damageâit might not be significant damageâthat have never been detected as a result of earthquakes of the magnitude of either KaikĹura or Christchurch.
Of course, the methods by which we build now are so different than they used to be. If you looked at Napier in 1931, the wooden buildings in Napier survived very wellâprobably in Christchurch they did as wellâbut thereâs none the less some significant structural changes to those buildings, but not obvious damage. Whereas, with our modern building standards and using brick and concrete and all that sort of stuff as we do, the opportunity for damage to have occurred and be obviousâitâs relatively simple, because they crack, whereas old wooden buildings donât crack, but the foundations move. So you can have all sorts of different damage occurring in these events.
So I think that whilst the select committeeâs done a good job of the regulations, itâs very difficult to see how you could ever restrict the potential for the contesting of these types of regulations. So that was the point I wanted to make, and I donât think itâs a serious one, and I donât think itâs a big issue, but none the less it will rear its head again in the future. So thank you, Madam Chair. Thatâs my contribution.
Thank you for this call. I just wanted to comment on a couple of matters that have been raised in the House this morning. Firstly, the privacy issue. Itâs right that the Privacy Commissioner did express some concerns around the gathering of personal information as is entirely appropriate. Itâs important to remember, however, that the function of the Earthquake Commission here is really to ensure, importantly, preparedness in respect of an earthquake, and a lot of the information will be risk-based: about where loss is likely to occur and to ensure the commission can discharge its functions in terms of informing members of the public what steps to take to protect themselves against those issues.
In respect of the time limit issue raised by Mr McKelvie, the balance struck here is an important one because, in fact, by regulation, the Minister can extend time limits where certain circumstances occur. Mr McKelvie pointed out hidden damage, and, under clause 2A(a)(i), the insured person who couldnât know that the damage existed, even acting reasonably, may have that time extended. The Minister can, in fact, extend that time not only outside the three months but even beyond the two years. So, as is in fact sometimes happening in Christchurch and KaikĹura today, damage may be hidden and only discovered when someone pulls up the floorboards or whatever; the Minister can still extend the time for those kinds of things. So this has been a very good process. These matters have been addressed.
The other final thing Iâd say is that this piece of legislation came out of work of the previous Government in fact. It is the low-hanging fruit. It is the things we can immediately address. There is a commission of inquiry which is currently being undertaken under the guidance of Dame Silvia Cartwright. There are other things in this Act which will be able to be addressed, and that will no doubt be an entirely separate and more comprehensive piece of work. Thank you.
Part 1 agreed to.
Part 2 Amendments with delayed commencement
đŁď¸ Spoke in this debate (5)
- Joanne Hayes (New Zealand National Party â List Member)
- Ian McKelvie (New Zealand National Party â Member for RangitÄŤkei)
- Stuart Smith (New Zealand National Party â Member for KaikĹura)
- Dr Duncan Webb (New Zealand Labour Party â Member for Christchurch Central)
- Hon Poto Williams (New Zealand Labour Party â Member for Christchurch East)