Parliament Hansard Report – Tuesday, 23 July 2024 (continued on Wednesday, 24 July 2024) – Volume 776 – 001346

Source: New Zealand Parliament – Hansard

ARENA WILLIAMS (Labour—Manurewa): Mr Speaker, thank you. I was enjoying that speech and I was enjoying the Minister of Commerce and Consumer Affair’s ambition for New Zealand’s economy. This is a good bill, and it helps him to achieve that purpose of increasing New Zealand’s productivity and improving the way that consumers experience their lives. It’s about getting Kiwis a better deal. That’s why successive Labour Ministers have shepherded through this work, and it’s great to see that the Minister has picked this up and prioritised it on his work programme.

I’m really, really proud of this piece of work. I want to add to the Minister’s comments about how this bill will actually work for consumers. So when you think about banks and electricity retailers and other companies that hold data about our spending, I think it’s only fair that consumers have access to the same information that they do. It’s about making sure that the businesses which hold our data, which gather data about our personal spending habits, about the way that we interact in their stores, about our behaviour online—that consumers would also be able to access their information.

The Minister gave a great example of someone trawling through their bills to make sure that they can understand their electricity consumption and work out what is the best use of their family’s budget—which is always going to be limited—about how to spend that and how to get the most out of their electricity. There are countless examples about how consumers will be able to access this in future. It will be a really powerful tool to not only drive competition in those sectors that have otherwise not been largely competitive in New Zealand’s economy—and I’ll get to that in a second—but also so that consumers actually understand how their money can go further, about the spending in our daily lives, like electricity particularly but also our banking and financial services products.

This bill, which began its life as a Labour bill, would create rights for data holders to safely and securely share their data with third parties following the consent of that customer. That’s important because, as the Minister has said, that’s something that the Privacy Commissioner actually supports, and there need to be safeguards on how we are sharing this kind of data.

It’s interesting, and something that we will need to tease out at the Economic Development, Science and Innovation Committee, those services that have operated in New Zealand’s environment for, say, 10 years and that use scraping services with no major security incident—where those might need further regulation or whether we would say that actually there has been no security incident there, there seems to be appropriate security in place, so those things are working OK. To give consumers more choice is the point here, not to introduce further restrictions dressed up in protection of data, when, actually, the data is being used in our market in a way that is acceptable for consumers.

These regulations are good, though. In general, they let New Zealand consumers share data with things like fintech companies. I would love to see the Acts that the Minister has talked about taking off in New Zealand. They’re the kinds of tools that let consumers instantly see and compare—due to their usage of, say, their electricity in their home, or due to the kind of products that they have; for instance, their mortgage, their car loan, and their insurance on their home—the kinds of products that are available to you and the kinds of prices that you would expect to pay not only at your own provider, where you might not be on the most competitive product for you, but also within other providers within the market. That’ll be a really good thing.

This is something that’s available to not only UK consumers but also Australian consumers since 2019. Our legislation here is based on that legislation. It brings us in line with those markets, where these apps are already operating and where there is already—you know, our market providers, realistically, in New Zealand are also operating in the Australian market. So to be able to make the change, to be able to provide those same services to Kiwi consumers who are, basically, buying the same product for the same reasons, is a really useful thing for us to do.

When I talked, though, about New Zealand’s economy, this is a really important step in driving that competition. I talk about the ambition of this Minister to be able to do that, because we need to keep that pressure up on large corporates in the New Zealand market place, who over three decades have increased their proportion of rents that you would otherwise be able to calculate that are above and beyond their capital investment. A large proportion of New Zealand’s GDP is actually represented by these firms that are charging over and above what you would otherwise expect, based on their capital investment—that’s things like plants, materials, machines—and into what you might say are intangibles or are into what you might say is just pure corporate profit.

The second largest industry for this is the financial services industry, where, you know, they’re getting up to a larger and larger proportion of their profits going offshore. So to be able to drive competition in the New Zealand market is incredibly important. We have a system now, which represents five stable competitors in a market, where we would like to see those fintechs and those smaller companies being able to compete with the larger banks. This is one tool that can do that—but there are more. We want to see this Minister out there, being able to take Commerce Commission cases where there is unfair competition, and driving that competition as much as he can.

SPEAKER: Before I call the member, the enthusiasm that has been generated around this bill has clearly got me quite captivated. As a consequence of both my captivation by the Hon Andrew Bayly and then anticipation of Arena Williams, I neglected to say that the question is that the motion be agreed to.

Parliament Hansard Report – Local Government (Electoral Legislation and Māori Wards and Māori Constituencies) Amendment Bill — Second Reading – 001345

Source: New Zealand Parliament – Hansard

Dr PARMJEET PARMAR (ACT): Thank you, Mr Speaker. I’m taking this call on behalf of ACT. We are supporting the first reading of the Customer and Product Data Bill. We believe that it will be really important for us to hear from relevant stakeholders in the select committee process. I heard from the Minister that this bill is going to be sent, after the first reading, to the Economic Development, Science and Innovation Committee. As the chair of the Economic Development, Science and Innovation Committee, I look forward to working on this bill with all members on the committee. I look forward to hearing from submitters as well.

The Minister also mentioned two sectors here; that is, the banking and electricity sectors. We understand that this bill is to actually set up an economy-wide framework for data portability. So, basically, it’s about data portability but it can be applied to various sectors and various sectors can be included in this framework. This is normally referred to as the consumer data regime—the consumer data right regime, I should say, Mr Speaker. In this one, as the name implies, consumer data right regime, it is about giving that right to consumers about their data. So every time consumers do any transaction, they are creating data and that data is actually held with the agency or the outlet they are dealing with. This bill is to ensure that that data is actually controlled by the consumer. The consumer authorises if the data can be transferred to another agency so that they can be provided with better products.

In this bill, what is important is that, yes, data is going to be more available, but for consumers it’s also important that it gives that assurance that it’s going to be secure. That is the most important thing for consumers. In this legislation, it says that the data will be transferred to other parties and it will be done in a secure manner; it will be done in a standardised manner, which is a very important point to note in this legislation. With this, what we expect is that there will be more digital innovation, there will be more competition, and that is what we are planning on through this legislation. And I’ll be really looking forward to hearing from submitters how they think that this bill can bring that kind of digital innovation and can bring competition.

I also want to acknowledge that that work on this legislation started in 2020, and then there was a consultation process as well, and the current Minister has decided to carry forward this legislation. So a lot of work has gone into this bill and we really want to see how this can bring that change that we are expecting in different sectors by introducing more competition. This is about bringing market efficiency, this is about giving consumers more confidence that they have the best possible product available to them, and this is through their data being shared.

Now, another important point in this is that this is going to be an economy-wide framework, but this will not be about applying it to each and every consumer. It will be up to consumers to decide if they want to opt into this consumer data right regime, and if they don’t want to, they can decide not to be part of this. Again, it comes down to trust—so trust when any consumer authorises the transfer of any data from one agency to another agency, what they want is trust. This legislation actually will provide that trust as well by making sure that data is transferred through secure interfaces, it is transferred in a standardised manner, and it is transferred in a seamless manner so that the consumers can see in real time what a difference it would make if they switch from one agency to the other agency; that is very important. That operational efficiency and cost efficiency for consumers is really important.

That is why we believe that it is a bill that is important to go to the select committee, and we really want to hear from relevant stakeholders. Open banking, as has been mentioned—we also want to hear from sectors, those who are keen, in open banking, and the electricity sector has been mentioned as well. So I am really looking forward to working on this bill in the select committee process. Thank you, Mr Speaker.

Parliament Hansard Report – Customer and Product Data Bill — First Reading – 001344

Source: New Zealand Parliament – Hansard

ARENA WILLIAMS (Labour—Manurewa): Mr Speaker, thank you. I was enjoying that speech and I was enjoying the Minister of Commerce and Consumer Affair’s ambition for New Zealand’s economy. This is a good bill, and it helps him to achieve that purpose of increasing New Zealand’s productivity and improving the way that consumers experience their lives. It’s about getting Kiwis a better deal. That’s why successive Labour Ministers have shepherded through this work, and it’s great to see that the Minister has picked this up and prioritised it on his work programme.

I’m really, really proud of this piece of work. I want to add to the Minister’s comments about how this bill will actually work for consumers. So when you think about banks and electricity retailers and other companies that hold data about our spending, I think it’s only fair that consumers have access to the same information that they do. It’s about making sure that the businesses which hold our data, which gather data about our personal spending habits, about the way that we interact in their stores, about our behaviour online—that consumers would also be able to access their information.

The Minister gave a great example of someone trawling through their bills to make sure that they can understand their electricity consumption and work out what is the best use of their family’s budget—which is always going to be limited—about how to spend that and how to get the most out of their electricity. There are countless examples about how consumers will be able to access this in future. It will be a really powerful tool to not only drive competition in those sectors that have otherwise not been largely competitive in New Zealand’s economy—and I’ll get to that in a second—but also so that consumers actually understand how their money can go further, about the spending in our daily lives, like electricity particularly but also our banking and financial services products.

This bill, which began its life as a Labour bill, would create rights for data holders to safely and securely share their data with third parties following the consent of that customer. That’s important because, as the Minister has said, that’s something that the Privacy Commissioner actually supports, and there need to be safeguards on how we are sharing this kind of data.

It’s interesting, and something that we will need to tease out at the Economic Development, Science and Innovation Committee, those services that have operated in New Zealand’s environment for, say, 10 years and that use scraping services with no major security incident—where those might need further regulation or whether we would say that actually there has been no security incident there, there seems to be appropriate security in place, so those things are working OK. To give consumers more choice is the point here, not to introduce further restrictions dressed up in protection of data, when, actually, the data is being used in our market in a way that is acceptable for consumers.

These regulations are good, though. In general, they let New Zealand consumers share data with things like fintech companies. I would love to see the Acts that the Minister has talked about taking off in New Zealand. They’re the kinds of tools that let consumers instantly see and compare—due to their usage of, say, their electricity in their home, or due to the kind of products that they have; for instance, their mortgage, their car loan, and their insurance on their home—the kinds of products that are available to you and the kinds of prices that you would expect to pay not only at your own provider, where you might not be on the most competitive product for you, but also within other providers within the market. That’ll be a really good thing.

This is something that’s available to not only UK consumers but also Australian consumers since 2019. Our legislation here is based on that legislation. It brings us in line with those markets, where these apps are already operating and where there is already—you know, our market providers, realistically, in New Zealand are also operating in the Australian market. So to be able to make the change, to be able to provide those same services to Kiwi consumers who are, basically, buying the same product for the same reasons, is a really useful thing for us to do.

When I talked, though, about New Zealand’s economy, this is a really important step in driving that competition. I talk about the ambition of this Minister to be able to do that, because we need to keep that pressure up on large corporates in the New Zealand market place, who over three decades have increased their proportion of rents that you would otherwise be able to calculate that are above and beyond their capital investment. A large proportion of New Zealand’s GDP is actually represented by these firms that are charging over and above what you would otherwise expect, based on their capital investment—that’s things like plants, materials, machines—and into what you might say are intangibles or are into what you might say is just pure corporate profit.

The second largest industry for this is the financial services industry, where, you know, they’re getting up to a larger and larger proportion of their profits going offshore. So to be able to drive competition in the New Zealand market is incredibly important. We have a system now, which represents five stable competitors in a market, where we would like to see those fintechs and those smaller companies being able to compete with the larger banks. This is one tool that can do that—but there are more. We want to see this Minister out there, being able to take Commerce Commission cases where there is unfair competition, and driving that competition as much as he can.

SPEAKER: Before I call the member, the enthusiasm that has been generated around this bill has clearly got me quite captivated. As a consequence of both my captivation by the Hon Andrew Bayly and then anticipation of Arena Williams, I neglected to say that the question is that the motion be agreed to.

Parliament Hansard Report – Tuesday, 23 July 2024 – Volume 776 – 001343

Source: New Zealand Parliament – Hansard

TUESDAY, 23 JULY 2024

The Speaker took the Chair at 2 p.m.

KARAKIA/PRAYERS

SPEAKER: Almighty God, we give thanks for the blessings which have been bestowed on us. Laying aside all personal interests, we acknowledge the King and pray for guidance in our deliberations, that we may conduct the affairs of this House with wisdom, justice, mercy, and humility for the welfare and peace of New Zealand. Amen.

Parliament Hansard Report – Karakia/Prayers – 001342

Source: New Zealand Parliament – Hansard

TUESDAY, 23 JULY 2024

The Speaker took the Chair at 2 p.m.

KARAKIA/PRAYERS

SPEAKER: Almighty God, we give thanks for the blessings which have been bestowed on us. Laying aside all personal interests, we acknowledge the King and pray for guidance in our deliberations, that we may conduct the affairs of this House with wisdom, justice, mercy, and humility for the welfare and peace of New Zealand. Amen.

Parliament Hansard Report – House Business — Green Party of Aotearoa New Zealand—Darleen Tana – 001341

Source: New Zealand Parliament – Hansard

SPEAKER’S STATEMENTS

Green Party of Aotearoa New ZealandDarleen Tana

SPEAKER: Members, under Standing Order 36(1)(c), I’ve been advised by the Green Party musterer that the party’s parliamentary membership has changed and that Darleen Tana is no longer a member of the Green Party of Aotearoa New Zealand for parliamentary purposes. Accordingly, under Standing Order 35(5), Ms Tana is, from 6 July 2024, regarded as an independent member for parliamentary purposes.

Parliament Hansard Report – Tuesday, 25 June 2024 (continued on Thursday, 27 June 2024) – Volume 776 – 001340

Source: New Zealand Parliament – Hansard

TANGI UTIKERE (Labour—Palmerston North): Kia orana, good morning, Madam Chair. And it’s great to see you in the Chair given you were there at midnight when we left off.

Look I firstly want to thank the Minister for his response at the late hour last night—going through each of those suggestions—

Hon Simeon Brown: Very happy to.

TANGI UTIKERE: Very happy to do that—it’s unfortunate he didn’t do it earlier because then I wouldn’t have had to go through that list but appreciate that got the answer in the end there. Still not quite clear—perhaps the benefit of some sleep overnight, the Minister may have thought about that Parliamentary Commissioner for the Environment’s response and we’ll work with that. But I’m satisfied with the responses around my Amendment Papers—other members may not be—but I take the point around the broad nature but it being specific.

There is one point that I do want to raise because I think this is important. The information that has been made available and had been tabled that we’ve been able to access and have a look at, I draw the Minister’s attention to what is the regulatory impact analysis, and if we turn to page 6, there are two points that I want to tease out with the Minister, and I’m doing it at this early stage because it does set the tone for what might follow. One is in relation to the availability of appropriate information before the committee so that we are able to consider things appropriately. Now when we’re looking at the table that’s referred to as “Table 2”, just above it, there is effectively what says “Error! Reference source not found”.

Hon Dr Megan Woods: I found that; I had that highlighted.

TANGI UTIKERE: Well, thank you, Dr Woods, and I think it’s actually really important. This is a Budget-sensitive document, as is indicated. It has effectively referred to levels of information that relate to the average of 3,000 vehicles that are imported and the potential cost recovery that’s associated with that. Now we’ll come to that later in clause 5, I think it is. But this is a fundamental issue in terms of where this information comes from and the basis on which this document has been provided to the committee.

So my question to the Minister, and he may need to seek advice around this, is what specific reference is being able to be provided there? Because if there wasn’t anything, then OK, fine. But the fact is that there clearly is a reference that basically looks as though it’s just not there or it has been redacted, which would be very unusual—

Hon Dr Megan Woods: Or removed.

TANGI UTIKERE: Or—yes—or may actually exist somewhere else. So that’s the first one.

The second one is at the top of that page. It talks about the calculation rates. And this is important because my colleague Mrs Williams and I both have Amendment Papers that relate to Budget measures. And so this talks about the calculation being in depth via consultation with the sector and with Waka Kotahi. So my two questions are: what is the reference, if he’s able to provide that? And the second one is still around the consultation, which we have yet to hear from the Minister around that, so that the title of this bill is adequate based on the very limited consultation that he’s had.

Parliament Hansard Report – Land Transport (Clean Vehicle Standard) Amendment Bill — In Committee—Clause 1 – 001339

Source: New Zealand Parliament – Hansard

TANGI UTIKERE (Labour—Palmerston North): Kia orana, good morning, Madam Chair. And it’s great to see you in the Chair given you were there at midnight when we left off.

Look I firstly want to thank the Minister for his response at the late hour last night—going through each of those suggestions—

Hon Simeon Brown: Very happy to.

TANGI UTIKERE: Very happy to do that—it’s unfortunate he didn’t do it earlier because then I wouldn’t have had to go through that list but appreciate that got the answer in the end there. Still not quite clear—perhaps the benefit of some sleep overnight, the Minister may have thought about that Parliamentary Commissioner for the Environment’s response and we’ll work with that. But I’m satisfied with the responses around my Amendment Papers—other members may not be—but I take the point around the broad nature but it being specific.

There is one point that I do want to raise because I think this is important. The information that has been made available and had been tabled that we’ve been able to access and have a look at, I draw the Minister’s attention to what is the regulatory impact analysis, and if we turn to page 6, there are two points that I want to tease out with the Minister, and I’m doing it at this early stage because it does set the tone for what might follow. One is in relation to the availability of appropriate information before the committee so that we are able to consider things appropriately. Now when we’re looking at the table that’s referred to as “Table 2”, just above it, there is effectively what says “Error! Reference source not found”.

Hon Dr Megan Woods: I found that; I had that highlighted.

TANGI UTIKERE: Well, thank you, Dr Woods, and I think it’s actually really important. This is a Budget-sensitive document, as is indicated. It has effectively referred to levels of information that relate to the average of 3,000 vehicles that are imported and the potential cost recovery that’s associated with that. Now we’ll come to that later in clause 5, I think it is. But this is a fundamental issue in terms of where this information comes from and the basis on which this document has been provided to the committee.

So my question to the Minister, and he may need to seek advice around this, is what specific reference is being able to be provided there? Because if there wasn’t anything, then OK, fine. But the fact is that there clearly is a reference that basically looks as though it’s just not there or it has been redacted, which would be very unusual—

Hon Dr Megan Woods: Or removed.

TANGI UTIKERE: Or—yes—or may actually exist somewhere else. So that’s the first one.

The second one is at the top of that page. It talks about the calculation rates. And this is important because my colleague Mrs Williams and I both have Amendment Papers that relate to Budget measures. And so this talks about the calculation being in depth via consultation with the sector and with Waka Kotahi. So my two questions are: what is the reference, if he’s able to provide that? And the second one is still around the consultation, which we have yet to hear from the Minister around that, so that the title of this bill is adequate based on the very limited consultation that he’s had.

Parliament Hansard Report – Land Transport (Clean Vehicle Standard) Amendment Bill — In Committee—Clause 2 – 001338

Source: New Zealand Parliament – Hansard

Hon SIMEON BROWN (Minister of Transport): Thank you, Madam Chair. Clause 2 is the commencement: “(1) This Act comes into force on 1 July 2024. (2) However, section 5 comes into force on 1 July 2025.” Section 5 is the clauses in relation to cost recovery, and that allows for time for the cost recovery mechanism to be determined and for consultation with the sector in regards to how that cost recovery will be undertaken and for that to then be put in place from 1 July 2025.

Parliament Hansard Report – Tuesday, 25 June 2024 (continued on Wednesday, 26 June 2024) – Volume 776 – 001337

Source: New Zealand Parliament – Hansard

Dr LAWRENCE XU-NAN (Green): Thank you, Mr Chair. I think this is the third time that we are back talking about the ACC bill as part of the committee stage. So just to recap from last night, if I may, very briefly, so when we are looking at clause 6—now, clause 6 is the crux of the bill and one of the reasons that the Greens are not supporting this bill is because of the retrospective nature, particularly as seen in subclause 18.

I know that previously the Minister has very kindly gone through some of the background and talked about the fact that this whole process in terms of the retrospectivity—and the reason that this is coming through as part of the legislation has been agreed upon by ACC and the Ministry for Business, Innovation and Employment but not necessarily had obviously the time to consult with businesses. I wanted to check with the Minister whether from a legality perspective the retrospectivity has been tested against the presumption against retrospectivity as one of the legal presumptions. And the reason I mention this is again, like in terms of any form of presumption we’re looking at from a legal perspective, you know there needs to be some sort of checks and balances and some sort of accountability and some sort of scope in which case it’s not going to create a butterfly effect, so to speak, when we are introducing a particular bill into the House or that potentially has a follow-on effect in terms of both case law but also in terms of some of the other legal elements.

So I guess my question to the Minister is: from a legality perspective, has this been tested in the context of the presumption against retrospectivity and has there been any work done in terms of checking through case law on the broader implications this will have on other potential bills in the future that will be introduced that potentially will introduce a retrospective element, or the historical context and precedence that was set as part of this retrospectivity? Yes, we have previously explored the operational and the business—and I also understand even like colleagues from across the House talking about the potential burden on ACC if the retrospectivity was non-introduced and the kind of legal implication it may have for ACC. But yes, we talked about the operation bit, but I wanted to ask from a legality perspective whether this is something that the Minister has considered or has been given advice on. So, yeah, so that would be my question. Thank you.

Hon MATT DOOCEY (Minister for ACC): Well, thank you very much, Mr Chair. To respond to my colleague, Dr Lawrence Xu-Nan, who’s leading the charge in this epic hourly debate of the ACC bill, as he knows, because it’s been traversed many times before, retrospectivity guidelines go through the Legislation Design and Advisory Committee guidelines and this bill meets their threshold.