New Zealand Public Health and Disability (Waikato DHB) Elections Bill

Part 2 of the bill is the actual active Part in cancelling the election in 2019 for the Waikato District Health Board (DHB). I do want to put on record my thanks for the support offered by the Opposition for this measure, and the responsible approach taken by the health spokesperson, Michael Woodhouse, his colleagues from the Waikato, local body politicians, and others who have recognised the need to take what is actually quite a serious measure.

We are here, effectively, postponing the usual democratic election cycle, recognising that the challenges faced by the DHB are of significance to the extent that they need a commissioner put in place to make sure that we can continue to provide the services that are provided at Waikato for the local population. The population needs to be confident that there are high-quality health services available for their population. That has been provided in the past and we need to be sure that it will be provided through clear, strong governance into the future. So I thank members across the House for their support.

I also thank the Green Party, New Zealand First, and, of course, my Labour colleagues for their support in taking this measure. I know that all of these parties have a deep respect for democracy and are all concerned to see that normal elections will resume in 2022. I share that deep passion for democracy; I wouldn’t be standing here otherwise. I want to see the regular elections returned, but I also want to see a clear plan to ensure that clinical services and financial stability are ensured for the public of the Waikato, because they deserve high-quality health services as much as anyone else anywhere in New Zealand. We need to give them that confidence. I thank the commissioner team who have stepped in already, and will continue their work with the cancellation of this election.

So this Part of the bill is obviously fairly clear, fairly straightforward, in my view. We have clause 7 which cancels the 2019 election and clause 8 which repeals the Act when the next elections come into effect. So that will be sufficient contribution from me at this stage. Again, thanks to all the parties in this House for their support.

Thank you, Mr Chair. I do have one question and, in fact, I seek a reassurance from the Minister that this is the case in Part 2 of the New Zealand Public Health and Disability (Waikato DHB) Elections Bill. Now, this bill is modelled on the equivalent bill that was actually introduced in late 2015 to suspend the elections of board members for the Southern District Health Board (DHB). Both the Minister and I are very empathetic and familiar with that process and, also, the challenges that suspending democracy brings. I note, in passing, very interestingly, that the two minor parties supporting the Labour Party in this Government, that both stridently opposed the bill to suspend democracy when the Southern DHB was involved, are now, actually, quite supportive of it. So I do note what appears to be a philosophical inconsistency between the minor parties in Government then, when they were in Opposition, and now.

That is not the essence of the question—the question relates to the clause relating to repeal. In the New Zealand Public Health and Disability (Waikato DHB) Elections Bill, it’s clause 8 in Part 2. In the New Zealand Public Health and Disability (Southern DHB) Elections Bill, it’s exactly the same wording but it was in Part 1, clause 3. The wording is this: “This Act is repealed on the day on which elected members of the Waikato DHB come into office after the triennial general election of 2022, in accordance with clause 14 of Schedule 2 of the 2000 Act”. Now, that presumes that the election actually takes place. If you look at the clause 7 of Part 2, effectively, we are suspending the general election for 2019 but we don’t have a specific clause which requires the reinstatement of that in any other clause. Effectively, what we’re doing here is assuming that that election will take place. Now, we’re right in the middle of this process with the Southern District Health Board because, indeed, there is going to be an election in September, October—whenever it is. So the election will take place, and, therefore, what was in clause 3 of the New Zealand Public Health and Disability (Southern DHB) Elections Bill will become effective.

My question is this: does the Minister have the power to suspend, again, the 2022 election without further recourse back to this House? Because it’s not clear to me that it’s an automatic thing that has to happen, the 2022 election; it may well be. If that’s the case, I’d like the Minister to check with his officials and give this House a reassurance that if it’s intended by the Government of the day not to have an election for Waikato board members in 2022, the Minister has to come back and bring primary legislation to this House, because we are concerned, obviously, about the suspension of democracy. It might be a belts and braces question, but I would like the Minister to just put on record his confidence that he cannot further suspend an election without coming back to Parliament and getting a mandate from this Chamber.

I’m happy to address the member. I don’t need to consult the officials; I’m happy to address his question directly. Firstly, can I thank him for his confidence that I will be the Minister going into the 2022 Waikato DHB (District Health Board) election. That is flattering and kind, and I thank the member for that vote of confidence.

Into the substance of his question—can I note that, in general, the elections for DHBs are laid down in the wider Act. So those provisions are already clear at law—the elections happen as they usually would, except in any specific bill that is put through such as this one which specifically, in Part 2, specifies that the 2019 election is cancelled. So it’s one specific provision cancelling one specific election. Other than that, normal service resumes. That’s the mechanism that we’re using here. The repeal clause, as I see it, is merely a tidy-up to say that this bill falls out of law; it’s no longer needed once we pass that time in history, because the election has not happened. We don’t need it clogging up the law books anymore.

Part 2 agreed to.

Schedule 1 agreed to.

Clause 1 agreed to.

Clause 2 agreed to.

Bill to be reported without amendment presently.