Question for Oral Answer: ANZTPA - Therapeutic Products & Medicines Bill

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5. SUE KEDGLEY (Green) to the Prime Minister: Does she agree that Australia and New Zealand should consider becoming one country, as proposed by the Australian House of Representatives Standing Committee on Legal and Constitutional Affairs; if not, why not?

Rt Hon HELEN CLARK (Prime Minister): No; the decision not to join the federation was made in 1901, and I see no reason to revisit it.

Sue Kedgley: If she does not agree that New Zealand should become the seventh state of Australia, why is her Government introducing legislation today that will transfer control of pharmaceuticals and dietary supplements to an offshore agency that is based in Australia, is set up under Australian law, is dominated by Australian staff, and has an unelected managing director who will have unprecedented powers to make delegated legislation; and how can she claim that this is anything other than giving up our sovereignty to Australia by stealth?

Rt Hon HELEN CLARK: There is a very long distance between becoming a state of Australia and having a trans-Tasman agency.

Sue Kedgley: Can she confirm that once the legislation has been passed, the unelected managing director of the new agency will have the power to make and enforce rules and orders that will have a direct effect in New Zealand, without requiring the approval of this Parliament, and that the only recourse that this Parliament will have against rules and orders set in Canberra will be if a member of the Regulations Review Committee successfully moves a motion to disallow a rule in this House — something that has never happened in this Parliament's history?

Rt Hon HELEN CLARK: The member just answered her own question — there is a procedure for this Parliament to disallow such a rule. But I think it is important that she not spread misinformation about the nature of the agency, which is a truly trans-Tasman agency with, as the Minister for Food Safety will point out shortly, head offices in both capitals.

Hon Annette King: Is it the Government's intention to help protect the health and safety of New Zealanders from, for example, complementary medicines that have harmful ingredients in them; if so, could she give an example of such products?

Rt Hon HELEN CLARK: There are a number of herbs and ingredients of concern that are used in these products. I note, for example, that there have been herbal products spiked with undeclared steroids and others spiked with the active ingredient in Viagra. There is a reason for regulation.

Sue Kedgley: I seek leave to table four documents.

Madam SPEAKER: I just remind members that the seeking of leave is to be heard in silence.

Sue Kedgley: The first is a human relations policy options document on the agency, which states that of 557 employees it is envisaged that 93 percent of them will be Australian and 7 percent will be from New Zealand.

Leave granted.

Sue Kedgley: The second is the unanimous report of the Health Committee into the trans-Taman agreement, in which it points out the power —

Madam SPEAKER: Leave is sought to table that document. Is there any objection? There is objection. [Interruption] The member has to identify the document, not read it out in full. It was identified for members.

Sue Kedgley: The third is the treaty between the Government of Australia and New Zealand for the establishment of the joint agency, in which it points out that the managing director's powers will be unprecedented.

Madam SPEAKER: Leave is sought to table that document. Is there any objection? Yes, there is.

Sue Kedgley: My final tabling is a number of documents in which New Zealand First assures New Zealanders it will not support this legislation, and a transcript from Radio New Zealand, in which Winston Peters says that those who believe in natural medicines —

Madam SPEAKER: Leave is sought to table those documents. Is there any objection? There is objection.

Rt Hon Winston Peters: I seek leave to table the original legislation, which New Zealand First opposed, and which is light years away from the legislation going before the House today.

Leave granted.