The Government is being accused of riding roughshod over normal parliamentary processes by proposing relatively short public submission periods for two of its more controversial pieces of legislation.
Labour鈥檚 Ginny Andersen went as far as to call the Government鈥檚 approach to various pieces of legislation 鈥渜uite sickening鈥 and believed there was a 鈥渇rantic haste for each coalition partner to tick off their list of voter wishes鈥.
鈥淭ime and time again, we are seeing condensed periods at select committee, or no select committee; we are seeing urgency being used to ram legislation through; and we are seeing people鈥檚 democratic rights being ridden over roughshod, left, right, and centre,鈥 she said.
Two ministers said shortened select committee periods were necessary as the changes needed to be made as soon as possible to address ongoing issues and give certainty.
The House sat under urgency on Wednesday as the Government attempted to progress several pieces of key legislation, including bills to make it more difficult for M膩ori to gain customary marine titles to foreshore and seabed (the Marine and Coastal Area or MACA Bill), and reverse Labour鈥檚 ban on new offshore oil and gas exploration (the Crown Minerals Amendment Bill).
However, progress was slowed down as Opposition MPs repeatedly raised alarm over the short period of time the public would have to submit on some of the bills.
Parliament sat under urgency on Wednesday. Photo / Mark Mitchell.
Select committees usually have around six months to consider pieces of legislation. This includes hearing from any member of the public who wishes to submit on the proposal and then reporting back with any suggested changes to the legislation.
But Justice Minister Paul Goldsmith announced MACA would be reported back on by December 5 鈥 a little more than two months away.
He said this was necessary as applicants for customary marine titles had already faced almost a year of legal uncertainty after the Government said it would legislate in response to a Court of Appeal decision last year that 鈥渄iluted鈥 the threshold to get a title.
鈥淲e can鈥檛 afford to wait any longer and we don鈥檛 think that it鈥檚 particularly fair to all involved, which is why we are urgently progressing these amendments. I鈥檓 advocating certainty for everyone as soon as possible.鈥
Labour鈥檚 Arena Williams was among those to oppose the short select committee period and proposed an 鈥 ultimately unsuccessful - amendment to extend it to June next year.
鈥淲hen the minister talks about the need for urgency on this to give claimants certainty, there is absolutely a need for certainty here, but the creation of uncertainty is because not only will this process not give people their day in court but they are also being denied their day in the select committee room to make their case to the parliamentarians,鈥 she said.
Her colleague, Duncan Webb, said the select committee process was being presented as a 鈥渞ubber stamp鈥.
鈥淭hat the select committee - bump it off to the Justice Committee, listen to the naysayers, and get on with it. Well, that鈥檚 not good enough. The select committee needs to do a genuine and robust analysis of what鈥檚 going on here.鈥
Justice Minister Paul Goldsmith is in charge of the MACA Bill. Photo / Mark Mitchell
The Greens鈥 Lawrence Xu-Nan called it 鈥減erplexing鈥.
鈥淚 do not think that it gives the New Zealand public sufficient time to actually weigh in on what has been one of the most contentious issues in Aotearoa, particularly in the context of M膩ori-Crown relations, in history. So I really think the shortened select committee process does not actually do this topic any justice.鈥
His colleague, Steve Abel, proposed his own 鈥 also unsuccessful - reporting date of July 3. It was another motion that could then be debated in the House, delaying the Government鈥檚 attempt to progress legislation.
鈥淚t is antithetical indeed to good government to not allow a thorough select committee process where the amendments can be considered; where the impacts on the right of iwi to make claims to their customary waters as fully evaluated and understood,鈥 he said.
During her contribution, Labour鈥檚 Ingrid Leary said she had identified nine pieces of legislation this year which had had shorter select committee periods. She said 21 hadn鈥檛 had select committee scrutiny (these are usually passed entirely with urgency). The Government defended its use of urgency earlier this year by saying it was delivering on the mandate given to it at the election.
There was also outrage from Opposition MPs over the short select committee period being given to the Crown Minerals Amendment Bill.
Resources Minister Shane Jones, who is responsible for the legislation, told the House it would be reported back by October 31 鈥 just over a month away.
鈥淭he reasons for asking the House to agree to a shortened select committee process are the same as the reasons why the bill is needed at all,鈥 Jones said.
鈥淭his is to address our current gas supply issues and high prices. Without more investment in existing and new fields, these issues will continue to plague us. It鈥檚 the view of the Government that it鈥檚 essential this bill is enacted as soon as possible. It remains desirable for it to undergo, however, a select committee scrutiny, albeit briefly.鈥
Similarly to the MACA Bill, Opposition MPs put up several amendments to extend the select committee period.
Labour鈥檚 Megan Woods said: 鈥淭his is a large piece of legislation that is making multiple changes that are going to require more than the paltry weeks that the Minister for Resources is asking for the bill to be reported back in. It is insufficient time for stakeholders to prepare submissions.鈥
She noted Jones had pointed to the need to address the current electricity crisis as a reason to speed up the process.
But Woods said opening up offshore exploration for oil and gas again 鈥 as the legislation would allow - wouldn鈥檛 be a quick fix, and therefore didn鈥檛 necessitate a truncated submission period.
鈥淕iving submitters five more months to consider the implications of this in the context of a 16-year, on average鈥攁nd remember that鈥檚 on average鈥攍ag between exploration and production I think shows that the Minister hasn鈥檛 considered actually what part this legislation is going to play in any solutions.鈥
Woods was the minister in charge of the legislation in 2018 that banned new offshore oil and gas exploration permits. The then-Government was criticised at the time for not campaigning on the change before announcing it. It was at select committee for just over a month.
What else passed through the House?
Despite the debates over select committee periods, the Government still succeeded in getting a number of other Bills through various stages in the House. That included:
- - The third reading of the Education and Training Amendment Bill (restores charter schools)
- - The third reading of the Corrections Amendment Bill (makes changes to settings in prisons, including extending rehabilitation services to remand prisoners)
- - The first reading of the Sentencing (Reform) Amendment Bill (makes a number of sentencing changes, like introducing new aggravating factors and preventing repeat discounts for youth or remorse)
- - The first reading of the District Court (District Court Judges) Amendment Bill (increases the maximum number of District Court judges by one)
Jamie Ensor is a political reporter in the聽NZ Herald聽Press Gallery team based at Parliament. He was previously a TV reporter and digital producer in the 九一星空无限hub Press Gallery office.
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