under the Official Information Act 1982
Released
Document Two
From:
Suze Jones
To:
Am nda Shaw
Cc:
Mich el Smith; Rowan Burns; Ian Law
Subject:
RE: 2 questions on House procedure
Date:
15 September 2023 09:06:54
Attachments:
image001.png
Kia ora ano Amanda
I can do 1.15-2pm or 3.30-4pm on Wednesday. Please send an invite for whichever you prefer. My office is in Parliament House level 1 room 1.053- I can meet you in Beehive reception if you like or can
you please send a Teams meeting request.
In terms of your answer below option 1 is the only viable option if the Government knows it doesn t want to progress a Government bill. Options 2 and 3 would only be used if the Minister didn t know
whether or not they supported the bill which I can t imagine happening? While technically possible there is absolutely nothing to be gained and an enormous amount of bad will from the submitters and
committee for putting them all to a great deal of effort only to be completely ignored. Option b in both 2 and 3 also wastes House time so it is unlikely any Leader of the House would allow it – it would
languish at the end of the Order Paper all Parliament and potentially be a stick to hit the Minister with for the whole term (see treatment of Minister in charge of Kermadec bill or Organic Products bill-
questions every single Thursday on live TV about what they plan to do with the bill).
If you do want to lay out all of those options then best to phrase them in a way that indicates what the Government can actually do and the implications. The Government is not in charge of the select
committee so cannot compel them (even though they can influence them strongly in many cases – committees even ones with Government majorities do their own things sometimes). Eg
A. Do not include the bill in the reinstatement motion and it will lapse (be terminated)
B. Include the bill in the reinstatement motion and the committee will have it as an item of business before it.
Step 1 Minister in charge of the bill can write to the committee and inform them that they do not wish to progress the bill and ask them to report it with that recommendation. The
committee cannot be compelled to do this so if members disagreed it would need the Government members (if they are in a majority – no guarantee as we don t know the committe
membership yet) to muscle it through on numbers. Not a great start to committee relationships and getting goodwill for issues the Government may want to progress in a bipa tisan way.
No matter how little consideration or time has been spent on the bill the committee can say what it likes in its report and any party can put a minority view in that rep rt.
Step 2 Following the report of the select committee the Minister in charge can discharge the bill by informing the Clerk (an email is fine) or the bill has a second readin and vote is held
and it can be voted down.
Let me know if you have any further questions.
Cheers
Suze
From: Amanda Shaw [mailto [email address]]
Sent: Thursday 14 September 2023 11 05 AM
To: Suze Jones <[email address]>
Cc: Michael Smith <[email address]>; Rowan Burns <[email address]>; Ian Law <[email address]>
Subject: RE 2 questions on House procedure
Thanks for the quick response Suze. That is really helpful.
So for the first question can I just check my summary below (mainly just want to check I have the yellow part right)….
If the incoming Government does not wish to proceed with the Bill the options are
1. Do not include the Bill in the reinstatement motion [SO 84]
2. Select committee stops consideration of the Bill (i.e. doesn t hear submissions) and reports back to the House with what ver recommendations it sees fit [ SO 299(1)]. Then either
a. responsible Minister discharges the Bill from the Order Paper or by informing the clerk [SO 74(1)(b)]
b. Bill is voted down at second reading or subsequent stages.
3. Select committee completes consideration of the Bill reports it back to the House with whatever recomm da ons it sees fit [ SO 299(1)]. Then either
a. responsible Minister discharges the Bill from the Order Paper or by informing the clerk [SO 74(1)(b)];
b. Bill is voted down at second reading or subsequent stages.
For the second question would Wednesday next week suit you? Sometime between
-
9 - 10.30
-
1.15 - 2.15 or
-
3.30-4.30?
Amanda Shaw | Kaitātari Kaupapahere Mātāmua (Principal Policy Analyst)
Ue te Hīnātore (Local Government Branch) |Te Tari Taiwhenua (The Depa m nt of Internal Affairs)
9(2)(a)
under the Official Information Act 1982
Released
Document Three
From:
Amanda Shaw
To:
Handley, Georgie; William Spear
Cc:
Rowan Burns; Jack Webb
Subject:
Discharge options in the new term
Date:
18 September 2023 09:29:48
Hi both
For discussion at our catchup today…..
I asked Suze in the Office of the Clerk for a bit of information to make sure I was clear on the
procedural options for the voting age Bill if the incoming government does not want to proceed.
This will help us with our advice on the reinstatement motion. Here’s her answer:
Yes, the Government can just not put the Government bill in question in the reinstatement
motion. It will therefore be categorised as “lapsed” and no select committee will have it before
them. An example for you (the first I could easily find- there will be others) is the Employment
(Pay Equity and Equal Pay) Bill in the name of Hon Woodhouse, had its first reading in the 51st
Parliament on 10 August 2017. It was not in the reinstatement motion of the incoming
Government for the 52nd Parliament so it lapsed. There is also another option to either not
reinstated it or voting it down. The Minister could wait for the select committee to report back
and then just discharge it from the Order Paper (by informing the Clerk – email is fine). However,
if the Government have no intention of progressing the bill, it seems a waste of the select
committee’s time to consider and report on it. For bills on the Order Paper (not before a select
committee at the end of the Parliament), this is inva iably what happens – they are all reinstated,
and then the Government progresses those it wants to and leaves those it doesn’t wish to
progress in their current form at the end of the Order Paper or eventually discharges them.
So in a nutshell, if the incoming Government does not wish to proceed with the Bill, the options
are:
1. Do not include the Bill in the reinstatement motion [SO 84]
2. Include the bill in the reinstatement motion and the Minister in charge of the bill can write
to the committee and inform them that they do not wish to progress the bill and ask them
to report it with that recommendation. The Committee cannot be compelled to do this. If
the Committee stops consideration of the Bill (i.e. doesn’t hear submissions) and reports
back to the House[ SO 299(1)]. Then either:
a. responsible Minister discharges the Bill from the Order Paper or by informing the
under the Official Information Act 1982
clerk [SO 74(1)(b)]; or
b. Bill is voted down at second reading or subsequent stages. [Suze noted that this
would waste House time so Leader of the House is unlikely to support it]
3. Include the bill in the reinstatement motion and the Justice Committee completes
consideration of the Bill, reports it back to the House [ SO 299(1)], and then either:
a. responsible Minister discharges the Bill from the Order Paper or by informing the
clerk [SO 74(1)(b)]; or
b. Bill is voted down at second reading or subsequent stages. [Same “wasting time”
Released comment as above].
Amanda Shaw | Kaitātari Kaupapahere Mātāmua (Principal Policy Analyst)
Ue te Hīnātore (Local Government Branch) |Te Tari Taiwhenua (The Department of Internal
Affairs)
9(2)(a)
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National Office | Justice Centre | 19 Aitken Street
DX Box SX10088 | Wellington
[email address] | justice.govt.nz
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Document Five
From:
Handley, Georgie
To:
Amanda Shaw
Cc:
Tim Fahey
Subject:
RE: Reinstatement briefing - Voting Age Bill
Date:
01 November 2023 09:25:48
Attachments:
Reinstatement briefing - Voting Age Bill.docx
Hi both
Thanks for the opportunity to comment on your reinstatement briefing. I thought it did a good
job of providing advice in these uncertain times. I have made a few track changes and
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comments for your consideration.
Thanks
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Georgie
From: Amanda Shaw <[email address]>
Sent: Tuesday, 31 October 2023 4:38 pm
To: Handley, Georgie <[email address]>
Cc: Tim Fahey <[email address]>
Subject: Reinstatement briefing - Voting Age Bill
Information
Hi Georgie
Here’s the draft paper as discussed. Comments welcome! It would be great if we could get
feedback by the end of the week.
(As mentioned, Rowan’s team and I are all out of the office tomorrow. )
Official
AJS
the
Amanda Shaw | Kaitātari Kaupapahere Mātāmua (Principal Policy Analyst)
Ue te Hīnātore (Local Government Branch) |Te Tari Taiwhenua (The Department of Internal
Affairs)
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start hearing oral submissions.
Just let me know if you have any questions.
Amanda Shaw | Kaitātari Kaupapahere Mātāmua (Principal Policy Analyst)
Ue te Hīnātore (Local Government Branch) |Te Tari Taiwhenua (The Department of Internal
Affairs)
9(2)(a)
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Document Nine
Hon Simeon Brown
Minister of Local Government
Parliament Buildings
WELLINGTON
7 December 2023
Dear Simeon,
Responsibility for legislation reinstated in the 54th Parliament
On 4 December 2023, Cabinet agreed to reinstate all House business from the previous
Parliament, including all Government bills. Cabinet also invited Ministers with responsibility
for reinstated bills to seek advice on whether the bills should be progressed under this
Government. Ministers were further invited, upon receiving this advice, to consult with me as
Leader of the House on whether or not to discharge the bills, as well as the preferred report
back dates for bills before select committee which are to be progressed.
Now that the reinstatement motion has been agreed in the House I am writing to you because
you have responsibility for a reinstated bill. As Minister for Local Government, you are
responsible for the Electoral (Lowering Voting Age for Local Elections and Polls)
Legislation Bill, which is currently before the Justice Committee. If you wish to proceed with
this bill, I have received advice suggesting a report back date in June 2024 may be
appropriate.
Once you have sought advice and come to a view on whether the above bill should be
progressed by the Government, and, if so, a suggested report back date from select
committee, I ask that you provide this information to me by 18 December. At this time, I will
consult with you as needed on final decisions around discharging the bill, which must be
made by 20 December.
If either me or my office can be of assistance to you in coming to a view on discharging the
bill, or preferred select committee report back dates, we would be happy to do so.
Yours sincerely
under the Official Information Act 1982
Hon Chris Bishop
Leader of the House
Released
Document 10
From:
Rowan Burns
To:
Tim Fahey
Cc:
Amanda Shaw; Michael Smith
Subject:
Fwd: Procedure for withdrawing a Bill before select committee
Date:
08 December 2023 13:14:31
Attachments:
LOH reinstatement letter - Simeon Brown.pdf
Kia ora Tim, can you please hold the pen on a response to Hon Bishop in relation to the
attached. It doesn't need to be long, or go into much detail about rationale for the
withdrawal - half a page is probably ample.
Michael can you please peer review Tim's draft
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Can I please see a copy by Tuesday afternoon
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Thanks
Rowan Burns
Department of Internal Affairs
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Document 11
From:
Tim Fahey
To:
[email address]
Cc:
Amanda Shaw; Michael Smith; Aakaansha Lal
Subject:
RE: Procedure for withdrawing a Bill before select committee
Date:
12 December 2023 16:06:23
Attachments:
Letter to Leader of the House about reinstatement briefing.docx
image001.png
Tēnā koe Natha
Please see the attached draft response to the Hon Chris Bishop attached and linked here.
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If you have any questions, please let me know.
Ngā mihi
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Tim Fahey (he/him)| Kaitātari Kaupapahere – Policy Analyst
Ue te Hīnātore | Local Government Branch
Department of Internal Affairs |
Te Tari Taiwhenua 45 Pipitea Street | PO Box 805, Wellington 6140, New Zealand | www.dia.govt.nz
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Document 12
Hon Simeon Brown
MP for Pakuranga
Minister for Energy
Minister for Auckland
Minister of Local Government
Minister of Transport
Deputy Leader of the House
COR001
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Hon Chris Bishop
Leader of the House
Parliament Buildings
Wellington
Act
^[Date]
Dear Chris,
Responsibility for local government legislation reinstated in the 54th Parliament
Thank you for your letter dated 7 December 2023 requesting that I consider whether the
Government proceeds with a reinstated bil which I am responsible for, the Electoral
(Lowering Voting Age for Local Elections and Polls) Legislation Bil . This Bill is currently in
Information
front of the Justice Committee.
I recommend that this Bil not be progressed further and be withdrawn from consideration by
the Justice Committee. I will await further consultation with yourself around the discharge
procedures.
Thank you again for writing.
Official
Yours sincerely,
the
Hon Simeon Brown
under
Minister of Local Government
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Private Bag 18041, Parliament Buildings, Wel ington 6160 New Zealand
+64 4 817 6804 | [Simeon Brown request email] | www.beehive.govt.nz
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Department of Internal Affairs
From: Nathan Croft <[email address]>
Sent: Wednesday, December 13, 2023 2:44:14 PM
To: Rowan Burns <[email address]>
Cc: Amanda Shaw <[email address]>
Subject: Letter to the Justice Committee re voting age Bill
Hi Rowan,
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By 4pm today, could you please draft a short letter to the Justice Committee stating that the
Government does not intend to progress the voting age Bill. We have been told this needs to be
done before tomorrow.
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Cheers,
Nathan
Nathan Croft |
Private Secretary Local Government |
Office of Hon Simeon Brown
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Document 14
Hon Simeon Brown
MP for Pakuranga
Minister for Energy
Minister for Auckland
Minister of Local Government
Minister of Transport
Deputy Leader of the House
COR001
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James Meager
Chairperson
Justice Committee
Parliament Buildings
Act
^[Date]
Dear James,
Request to report back local government legislation reinstated in the 54th Parliament
The Electoral (Lowering Voting Age for Local Elections and Polls) Legislation Bil has been
reinstated, and sits before the Justice Commit ee.
Information
The Government does not intend to support this Bill in further parliamentary stages. I request
that the Committee ends consideration of this Bill and reports it back to the House. Please
inform me once the Committee has decided on this matter.
Thank you for your work on this Bill. Official
Yours sincerely,
the
Hon Simeon Brown
Minister of Local Government
under
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Private Bag 18041, Parliament Buildings, Wel ington 6160 New Zealand
+64 4 817 6804 | [Simeon Brown request email] | www.beehive.govt.nz
Document 15
From:
Amanda Shaw
To:
[email address]; [email address]
Subject:
Voting age Bill - Justice Committee
Date:
18 December 2023 13:59:32
Attachments:
image001.png
Letter to Justice Committee about reinstatement briefing.docx
Kia ora korua
We’ve been contacted by the Justice Committee staff this morning about the voting age Bill. I
was just wondering if there’s any update from your end about the discharge of this Bill?
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This is not urgent. As directed, we are not currently doing any work on the Bill but let me know if
you need anything from us.
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Ngā mihi
Amanda
Amanda Shaw | Kaitātari Kaupapahere Mātāmua (Principal Policy Analyst)
Ue te Hīnātore (Local Government Branch) |Te Tari Taiwhenua (The Department of Internal
Affairs)
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Document 16
From:
Amanda Shaw
To:
Eve Lucinsky
Subject:
RE: Voting age Bill - Justice Committee
Date:
21 December 2023 14:47:30
Attachments:
image001.png
Thanks
From: Eve Lucinsky <[email address]>
Sent: Thursday, December 21, 2023 2:44 PM
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To: Amanda Shaw <[email address]>; [email address]
Subject: RE: Voting age Bill - Justice Committee
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Hi Amanda – my apologies just cleaning out my inbox and can’t remember if I confirmed with
you last night – Letter was sent to the Justice committee last night, will keep you in the loop as
to any response.
Ngā mihi
Eve
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Document 17
From:
Amanda Shaw
To:
Handley, Georgie
Subject:
RE: Release of the final IER report and voting age
Date:
15 January 2024 13:42:55
Hi Georgie
Happy New Year to you too.
As discussed, we understand that the Minister of Local Government has written to the chair of
the Justice Committee advising that the Government does not intend to progress the voting age
Bill.
We understand that the next step is that the Committee will consider whether to report the Bill
back to the House immediately, and if so the Minister will write to the clerk to withdraw the Bill.
Amanda
Amanda Shaw | Kaitātari Kaupapahere Mātāmua (Principal Policy Analyst)
Ue te Hīnātore (Local Government Branch) |Te Tari Taiwhenua (The Department of Internal
Affairs)
9(2)(a)
From: Handley, Georgie <Georgie.Handley@justice govt.nz>
Sent: Monday, January 15, 2024 1:23 PM
To: Amanda Shaw <[email address] nz>
Subject: Release of the final IER report and voting age
Happy New Year! Hope it is going well so far.
We have just been informed that the final IER report is set to be released tomorrow morning,
but subject to last minute confirmation tomorrow. Will let you know if and when it happens.
On another note I have been asked to provide some info on the voting age for our annual review
document. Last I heard the bill had been reinstated but the Govt won’t be progressing it. I have
added a note that that effect in the doc, making it clear that it is not yet publicly known.
under the Official Information Act 1982
Assuming you haven’t heard any updates from your MO?
Thanks
Georgie
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