Subordinate Legislation Confirmation Bill
I present a legislative statement on the Subordinate Legislation Confirmation Bill. [Interruption]
š¬ SPEAKER: Order! Order! Please leave quietly. Keep going.
You have a bit that you have to do, Mr Speaker.
š¬ SPEAKER: Oh, sorryāthey were so loud I missed it. If the member said he presented a statement, I will tell him that itās published under the authority of the House and can be found on the parliamentary website.
I move, That the Subordinate Legislation Confirmation Bill be now read a second time.
Itās almost Christmas, and therefore the annual fixture of the Subordinate Legislation Confirmation Bill rolls around on the parliamentary calendar. This is an annual event in the House. The purposeā
š¬ Chris Bishop: Yeah, a great dayāa banner day.
āexactlyāis to confirm by an Act of Parliament regulations that would otherwise lapse at a particular date, and we do that under the Legislation Act of 2019. The second reading debate that weāre doing now is the only opportunity that the House as a whole has to scrutinise and debate the provisions of the Subordinate Legislation Confirmation Bill. The first reading is done without debate; it then goes to a select committee. The second reading debate happens after the select committee, and then straight after this we will do the third reading, which is also taken without debate. The House does need to pass this bill, as it always does, before we adjourn for the Christmas holidays. Any levies and duties that have been paid under any of the regulations that we are confirming that are not confirmed by the due date would potentially have to be returned to those who had paid them.
The regulations that are confirmed by the bill were created under eight different Acts of Parliament this year. They cover subjects ranging from the levies on foodstuffs to support New Zealandās biosecurity, adjustments to the alcohol and tobacco duties, and increases to benefits. The range of secondary legislation covered by this yearās bill is similar, in line with those in previous confirmation bills. The details of each of them are set out in the legislative statement that I just presented to the House.
So, finally, I want to acknowledge the very important work of the Regulations Review Committee, who once again have done a very thorough job of scrutinising this bill. I commend the bill to the House.
The question is that the motion be agreed to.
Thank you, Mr Speaker. I rise on behalf of National to give a reasonably straightforward response by way of confirmationāwell, part of the confirmation thereof. I do also wear the hat that is the chair of the Regulations Review Committee, so please allow me in that capacity to say that the committee has enjoyed its work in relation to this, as well as the other considerable body of work that weāve undertaken this year. It would be remiss not to put on record, in case this is my last opportunity before the Christmas break, that Iāve greatly enjoyed working with fellow committee members: deputy chair Rachel Brooking and her various colleagues of the Labour Party; also the ACT and Green members. Sadly, we donāt have a Te Paati MÄori representative, but I do want to note the collegial and constructive atmosphere of that committee in making such consideration as we have for this bill, and particularly as well to acknowledge our wonderful clerkās team and also the advisers, the legislative counsel, who have supported us so well in this and our other work in 2021.
The Leader of the House has given a good summary of the way that the House will treat this legislation and, of course, the overall philosophy behind it. Suffice to say that, you know, we regard it as an important principle that while there is some room to move for the executive to pass certain regulations, notwithstanding that, within a certain period of time, a grace period, if you like, itās appropriate the House has a chance to fail to confirm those if it wishes. But on this occasion, certainly so far as National is concerned, we wouldnāt see any need to pull that particular trigger, even to the extent that we in minority would be able to do so.
So just a brief comment on a couple of the issues just by way of flavour as much as anything. Weāve said that confirmation is warranted of orders made under the Biosecurity Act, having communicated with the Ministry for Primary Industries. The beekeeping levyāwe heard there that notwithstanding that there were some increases to levies there that the majority of those whom the ministry have reached out to and sought feedback fromāI think Iām right in saying āapiaristsāāhad expressed their support for that levy. I suppose thereās an aspect of taxation versus representationānot strictly taxation. Iāll be honest and say I havenāt quite got my head around the difference between taxes and levies. We are stillāprobably fair to sayāgrappling with that as a committee. But nevertheless, the general principle is that those who have been required to pay money should have at least some say in the way that those levies are set.
Under the Commodity Levies Actāsimilarly milk solids and feijoas ordersāwe were interested there not only in the levies themselves but such aspects as how they should be paid, how they should be spent, collection of records, and dispute resolution mechanisms as well. Again, a little bit of democracy in action, and we were advised that some 69 percent of those who had voted, whoād been interested parties to participate in that consultation, had agreed with that, and they knew of no reason that they shouldnāt be confirmed. So somewhat reminiscent of the good old-fashioned matrimonial procedure, āIf anyone knows any reason that these two should not be wed, etc.ā, and they didnāt know of any reason and nor did we, so we have no hesitation therefore in saying that we recommend that the House support that oneāor confirm it, rather.
Under the Customs and Excise Act, a couple of items there: tobacco products and alcoholic beveragesāperhaps topical for some at this time of year. So we werenāt looking at the policy intent behind the imposition of levies, for example, as weāve been told to raise revenue but also discourage consumption. Thatās not within our remit but it was relevant to understand that because it was the view of Customs that that public policy aim was understood, that policy intent wasnāt referenced in the order. We thought that was a reasonable point, along with the fact that there had been public consultation when the provision for annual indexation had been considered by Parliament in 2018.
Under the Fisheries Actāan order there for quota management areas for pÄua. Of course, without quota management for pÄua, there would be absolute pÄua and that would tend to corrupt stocks absolutelyā
š¬ Hon Member: Ha, ha!
Iāll move on. There were some other various orders and pieces of legislation on which those were to be made. Perhaps the only one I would just note, the PACER-Plus agreement, so-calledāthatās the Pacific Agreement on Closer Economic Relations, so a bit of a foreign affairs - type element there, and really just enabling that agreement that had been made to be reflected in New Zealandās regulations in that amendment order.
So thatās, I think, sufficient detailāperhaps more, but itās too late if thatās how you feel, Mr Speaker, or if anyone else does, for that matter. So Iāll conclude my remarks on the bill saying that, of course, we do recommend that the rest of the House also join us in confirming those. And, again, thanks to all those involved with the Regulations Review Committee consideration, including, of course, those various Government agencies with whom we interacted to satisfy ourselves that the correct procedures had been followed.
Motion agreed to.
Bill read a second time.
Third Reading
š£ļø Spoke in this debate (3)
- Hon Chris Hipkins (New Zealand Labour Party ā Member for Remutaka)
- Sir Rt Hon Trevor Mallard (New Zealand Labour Party ā List Member)
- Chris Penk (New Zealand National Party ā Member for Kaipara ki Mahurangi)