Foreign Affairs (Consular Loans) Amendment Bill

I move, That the Foreign Affairs (Consular Loans) Amendment Bill be now read a third time.

As those who have been following this debate will now know, this is an uncontentious piece of legislation that fixes a mistake that was made some years ago which removed the legislative authority for consular loans. The bill therefore allows the Minister of Foreign Affairs to continue the longstanding practice of providing temporary financial assistance to New Zealand citizens and permanent residents overseas who find themselves in distress in exceptional circumstances or when their immediate health and safety is at risk and they are without other means of immediate assistance.

Just in respect of the anecdote that we heard from the member David Seymour for the ACT Party about his Washington, DC trip, I’m sure he would join with me in recalling what a beautiful building it is that Sir Miles Warren designed at the Washington, DC Chancery.

With that aside, I’m not going to say much extra. As others have said, the bill does two things: firstly, it retrospectively creates an authority for the consular loans that were granted in good faith between July 2013 and June 2020, and, secondly, it creates a permanent delegable statutory authority for the Minister of Foreign Affairs to issue consular loans rather than relying on the delegated authority from the Minister of Finance that was put in place once this issue was discovered in June 2020. Therefore, I commend the bill to the House.

The question is that the motion be agreed to.

Thank you very much, Madam Speaker. As the Acting Minister of Foreign Affairs has resumed his seat, this does remain an uncontroversial bill—just happy to report that to the House and put everyone at ease.

Look, again, in some ways we are repeating—well, sorry, not we; I—I am repeating what was said at first reading, second reading—not at committee stage; it was very prudent to get through that. This is not controversial. It’s actually a good example of how the Parliament works to—it is to fix a legislative oversight, but I’m hesitating as I say that, because I actually don’t think there’s any particular reason that the error happened beyond that a rather complex bill, that being the Public Finance Act, was changed. People carried on the practices that they were familiar with, and it was only until more recent times that eagle-eyed officials went, “Hold on a moment. The legislative power granted to us to allow these consular loans has ended.” And, as I noted in previous speeches, the original Public Finance Act, I think in 1989, provided that that power, that statutory or legislative power—because, as people at home will understand, you just don’t give out money, and so there needs to be an authority to do that.

When—I think it was in 2013—changes were made to the Public Finance Act, it was overlooked at the time that, actually, that statutory or legislative authority to the Ministry of Foreign Affairs and Trade (MFAT) had ended. Consequently, loans were being given out, rightly, as I said earlier—morally, ethically, or whatever words you want to use—just, unfortunately, not legally correct. And as the Minister pointed out, not only is this legislation now making sure that future loans will be legal but retrospective as well—and it’s probably important to say that we don’t use retrospectivity all that often, but this is an excellent case of where it makes sense.

It was useful, actually, in the committee stage, to briefly hear some of the numbers from the Minister. These are not used often, these loans, but in a growingly—growingly? Yeah, growingly—troubled world, New Zealanders do find themselves in difficult positions. And consular loans, I’d better stress, are just one way that our embassies and consulates help people.

So, as I move to wrap up, I’d just make a couple of quick observations. Firstly, it is actually with grateful thanks to our consulates and the Minister and our embassies. The Minister is right: our facilities in DC are amazing and always worth a visit. But to our MFAT people who look after those consulates and embassies, we are grateful for the work they lead on behalf of the Realm. And can I just acknowledge the Foreign Affairs, Defence and Trade Committee for its work. Vanushi Walters—no, apologies. Apologies. I’m mixing up my select committees; it’s because Jenny Salesa is the chair of that. But also to acknowledge the officials within MFAT—I think that’s probably the overarching theme I want to end with. We are grateful to our Ministry of Foreign Affairs, each and every one who represents the Realm of New Zealand overseas, in many, many different ways but, in particular, in reference to this bill, is making sure that New Zealanders get the assistance they need. And once this bill passes and receives Royal assent, they’ll be doing so legally.

Thank you, Madam Speaker, it’s a pleasure to take a short call on the Foreign Affairs (Consular Loans) Amendment Bill, third reading. It’s good to see—it’s a good night in the House when the whole House comes together to debate a bill that might look insignificant, but it’s actually very important to a lot of people who travel overseas.

The bill does a few things, but one of the things that it does is it seeks to re-establish legislative authority for longstanding practice. This is not to seek to create a new policy approach. Rather, the intention is for the power to make loans provided for in legislation to be applied in the same way as reflected in the Ministry of Foreign Affairs and Trade’s (MFAT) consular loans policy. It also retrospectively validates the loans issued between 2017 and 2020. In early 2020, MFAT became aware of the lack of authority under the Public Finance Act so, as it manages a significant increase in the number of consular loans due to the COVID-19 pandemic, I too wanted to add my voice, thanking and appreciating our diplomats all over the world who look after us.

Last October, I was in Addis Ababa, and the embassy staff and Ambassador Michael Upton looked after me very, very well, and I’m sure that they do this throughout the world for Kiwis that travel overseas. I want to acknowledge the hard-working select committee that’s chaired by yourself, for the good work that they have done scrutinising this bill. I’d like to thank the submitters, the Clerk’s staff, and everyone who contributed in this bill, and also everyone who spoke in favour of this bill tonight across this House.

It’s heart-warming to see that once we can disagree on things, but when it comes to things that affect Kiwis, we come together and we get the job done and that’s exactly what happened in this House tonight. This is a good bill; I commend it to the House.

Thank you very much, Madam Speaker. I rise to speak briefly on the Foreign Affairs (Consular Loans) Amendment Bill on its third reading. This is a relatively simple bill, but an important one that will re-establish legislative authority for a longstanding practice. For over a quarter of a century, the Ministry of Foreign Affairs and Trade has provided financial assistance to assist New Zealand citizens and permanent residents when their immediate health or safety is at risk.

And certainly over the last few years, we’ve seen a real challenge, where a large number of New Zealanders were stuck overseas for quite some period of time and found themselves in very difficult situations. Our great consular services did assist them. This bill will ensure that those loans are retrospectively approved where necessary and ensure that the right legislation is in place to ensure this is legal going forward. So it’s a simple but important bill, and one that, hopefully, we won’t be needing to the same degree that we have over the last few years for a very long time to come. But with that, I commend this bill to the House.

Kia ora, Madam Speaker. It is my pleasure to speak on the Foreign Affairs (Consular Loans) Amendment Bill. At this stage, at the third reading, I think it’s fitting to acknowledge New Zealand’s network of 60 embassies and consulates and their 863 offshore staff who play a vital role in representing New Zealand abroad and protecting Kiwis when they’re facing difficult situations overseas.

One of the tools available to them is to assist New Zealanders in distress with the consular loan. This financial assistance is a last resort provided in exceptional circumstances when the health or safety of the person is at stake. So I commend this bill to the House.

Tēnā koe e te Māngai o te Whare. I am very pleased to rise in support of the Foreign Affairs (Consular Loans) Amendment Bill in this, its final reading. Thank you again to the Minister, the officials, the select committee—everybody that’s helped move it through so we can gracefully send it on its path tonight.

I too wanted to add my thanks to the embassies and the consulates around the world. Last year, some of us who are part of the European Union Parliamentary Friendship Group did a trip to Europe. We visited six countries in two weeks. It was a whirlwind, but we had ambassadors and people from our embassies around the world looking after us every step of the way. I know we’re fortunate, as MPs, as members of Parliament, as Ministers, that we have certain privileges, but the rest of our people who head out there in excitement to see family and experience different things, they don’t always have that back-up when something happens. But this is the back-up. We’re pleased that we can take care of the technical issues. It means that this can continue.

I also thank the Minister for giving us that outline of what kind of money we’re actually talking about here. It’s not a fortune, but when there’s an emergency and someone’s health or safety is threatened somewhere else in the rest of the world, it’s the lifeline that they need, and I’m really thankful that we can make sure that it continues. We commend this bill to the House.

Thank you, Madam Speaker. I rise on behalf of ACT in support of the third reading of this Foreign Affairs (Consular Loans) Amendment Bill.

I stand feeling obliged to make a speech without having a huge amount more to say. I imagine this is what it’s like every day being a Labour backbencher, in fact. I just want to say a couple of things about this bill. We all enjoy the camaraderie with Kiwis overseas; that this bill represents the idea that even when you are far from home, help is possible.

I think it’s wonderful that the Government has decided to pass this legislation so that money that’s taken from taxpayers and spent on a purpose—in this case loans to people in trouble abroad—is actually done legally, within the law. That’s a very good thing.

I think it’s great that this bill was introduced to the House last June, debated for the first time in July, and went off to a select committee to be considered for four months, even though it is only two pages in substance, of actual content—only two pages. Yet this law is about spending money within the law, legally, and it was properly considered.

Now, you contrast that with the cacophony of rushed lawmaking and illegal expenditure that characterises this Government, and I think this may be my favourite thing Labour’s done. One of the best things that they’ve ever done. Spending money legally and properly considering making a law. Now, if only the Labour Party could apply the principles it’s applied to this bill, then I think that they would be in a much better place to govern this country.

Now, it would be churlish of me not to congratulate Duncan Webb. I saw Duncan Webb introducing the second reading of this bill tonight. I was reminded when I was listening to that guy from Helensville—I think Chris Penk—he was quoting Shakespeare, he was quoting Hamlet. And that made me think of Twelfth Night and Malvolio. Malvolio said, “Some are born great, some achieve greatness, and some have greatness thrust upon them.” But there’s a fourth option in the case of Duncan Webb: none of the above. And it just made me think of him when I saw him speaking earlier today.

💬 Hon Dr Duncan Webb: I can answer that! Will you yield? Will you yield?

Nevertheless, without too much more to do, I think I’ve almost done my Labour backbencher’s two minutes. Duncan Webb’s now trying to heckle, but he’s also got his mouth full. And that’s actually a breach of the Standing Orders because he shouldn’t be in the Chamber, and he also shouldn’t be talking with his mouth full. But you know, Duncan Webb says he’s a lawyer—although some people from Christchurch say that’s a bit questionable. But nevertheless, he’s breaking at least two rules at once: one of manners, and the other of the Standing Orders.

Thank you very much for extending my speech beyond the requisite Labour backbencher one minute, but there really is not too much further to say about this Foreign Affairs (Consular Loans) Amendment Bill.

Therefore, finally—and this may be the final speech unless Duncan Webb gets up to give one, and that would be fantastic. Let’s see if he’s got something to say; he’s certainly got the time and the opportunity. But ACT, for one party, commends this bill to the House. Thank you, Madam Speaker. Come on, Duncan.

Motion agreed to.

Bill read a third time.

I declare the House in committee for consideration of the Civil Aviation Bill.