NEW ZEALAND
select committee to enable New Zealanders to have a say … even if the process is truncated.” Legislation was introduced
under urgency on 25 November. It passed its first reading by 107 votes to 14 and was referred to the Foreign Affairs, Defence and Trade Committee with a requirement that the select committee report the Bill back to the House by 2 December 2014. On 9 December 2014 Parliament sat under urgency to pass the Countering Terrorist Fighters Legislation Bill through its remaining stages. Key provisions in the omnibus Bill as reported back from the select committee included extending the maximum cancellation period of a passport from 12 months to three years, where the passport-holder poses a danger to New Zealand or another country, and increasing Security Intelligence Service powers, including the ability to conduct surveillance without a warrant for 24 hours in situations of emergency or urgency. Introducing the second
reading, Hon. Christopher Finlayson, MP, (National), said that the Bill’s amendments were very targeted and emphasised
that it was temporary legislation. Speaking in support of the Bill, Mr Andrew Little, MP, (Leader of the Opposition) referred to changes made at the select committee: “Through Labour’s representatives on
Rt Hon. John Key, Prime Minister
the Foreign Affairs, Defence and Trade Committee… we challenged the need for the length of time for warrantless surveillance. It has been reduced to 24 hours… More important… are the safeguards that have now been built into any approval of surveillance without a warrant.”
Mr Little nevertheless criticised the truncated select committee process, saying: “when we are faced with legislation that erodes basic rights and freedoms, even in limited circumstances such as this Bill sets out, it is vital as a matter of public confidence that it is exposed to the fullest possible public scrutiny. That has not happened here.” Opposing the Bill, Dr
Ms Annette King, MP
Kennedy Graham, MP, (Green Party) criticised both the Bill’s intention and its process: “There is some cognitive dissonance between the excitable narrative and the official judgment. … No legislation addressing constitutional rights … should ever be
49 | The Parliamentarian | 2015: Issue One
subjected to this procedural abomination.” Rt Hon. Winston Peters, MP, (New Zealand First), agreed, saying: “to bring in a Bill and in two weeks take it from first reading through the final reading … is not good enough… It is against the democratic process of this House and against the right of New Zealanders to be properly consulted on and participate in legislation.” Mr Mark Mitchell, MP, (National) who chaired the select committee, acknowledged that “it may not [have been] a perfect process but it is not a perfect world, and sometimes we have to react quickly to a changing security environment”.
Mr David Shearer,
MP, (Labour) stressed the need to consult with ethnic communities when enacting such legislation. Hon. Phil Goff, MP, (Labour) agreed: “The real protections against
At the third reading Mr Finlayson said: “I take those matters very seriously and I pledge to work with local Muslim communities over the next period, including during the period of the broader review.” Noting the brief time that the select committee had to hear public submissions on this Bill, he added: “Any new legislation [will] be the product of an independent review … [and] will have a full hearing at the select committee.”
Subordinate Legislation (Confirmation and Validation Bill) The Subordinate Legislation (Confirmation and Validation) Bill passed its third reading without debate and with unanimous support on 4 December 2014 immediately after the second reading. Introducing the second
Rt Hon. Christopher Finlayson, MP
terrorism lie not [just] in legislation… but in having a harmonious and inclusive society; they lie in our moderate Muslim community, which is responsible and does the right thing; and they lie in our reputation internationally as a country that acts independently and has a sense of good international citizenship.”
reading, the Attorney- General, Hon. Christopher Finlayson, MP, (National) said: “This legislation confirms or validates 13 orders or regulations made under eight different Acts… to avoid their lapsing.” He referred to a recent change in the Standing Orders to streamline the process for scrutinizing this type of legislation, saying that he “look[ed] forward to testing the new arrangements with the 2015 Confirmation and Validation Bill.”
Under the new Standing
Order, there is no amendment to or debate on a first reading of this type of legislation and the Bill is referred to the Regulations Review Committee. Also Bills that confirm or validate subordinate legislation will normally proceed from second to third reading immediately, and there will be no debate on the third reading.
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