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From the biscuit tin: The wildcard would-be laws

The Members' Bills biscuit tin - purchased from department store Deka in the 1990s. Shared with permission of the Office of the Clerk (Source: Supplied)

It's like Lotto for laws, and it's drawn from a humble biscuit tin bought from Deka. It's brought about marriage equality, sex work law reform and 'anti-smacking' legislation. 1News political reporter Felix Desmarais breaks down what the member's bill ballot is, and what's in the tin at the beginning of this new term. Food Tin Box

From the biscuit tin: The wildcard would-be laws

Cushla Tangaere-Manuel was sworn in as an MP on a Tuesday, and by Thursday she had a bill on the legislative agenda.

But the newbie MP - who just swiped Ikaroa-Rāwhiti from Meka Whaitiri - is not even part of the Government. She's a Labour MP.

Her bill, the Local Government (Facilitation of Remote Participation) Amendment Bill, will be debated in Parliament because it was drawn from the member's bill ballot on December 7. The bill would allow local councillors to attend meetings virtually, rather than being required to be physically present. A temporary change allowed it during the pandemic, but Tangaere-Manuel said it was welcomed by the sector and particularly useful in her electorate when roads were inaccessible.

There are four kinds of bills that can pass through Parliament - government, local, private and members' bills.

The big dogs are government bills, which are introduced by Ministers. Provided a government has a majority of the votes in Parliament (which it normally does, unless there's some disagreement in a coalition) these bills will pass.

Local authorities can put forward local bills to deal with specific issues in their area, and the local MP is usually the sponsor of that bill. Private bills are the rarest type of bill - they apply to a specific person or group.

The fourth kind, members' bills, have a very special way of getting before Parliament.

Any MP who is not a minister can have one member's bill in the ballot at a time. Bills are placed on a numbered list, and tokens with each number is placed inside the biscuit tin. Every time space is freed up on Parliament's order paper, a small ceremony, conducted by the Clerk of the House, takes place. It's usually held in the Parliamentary Library.

An invited politically neutral person, sometimes a lucky school kid, will have the honour of reaching into the tin and drawing out a token, and announcing the number. The Clerk then reads out which bill is the lucky one that day.

And Tangaere-Manuel was that lucky MP in her first official week on the job. It doesn't mean the bill will pass into law, though - that's up to Parliament. But it does mean it will be introduced to the House and face a first reading debate and vote.

Tangaere-Manuel's bill is not the only one drawn so far this term. On December 14, Green co-leader James Shaw's bill that would add the "right to a sustainable environment" to the Bill of Rights was also drawn.

There are currently about 64 bills in the ballot, most of which are from Labour, National and Green MPs. When an MP becomes a minister, a member's bill is often handed over to a less senior MP in the same party, or it may be removed to become a Government bill.

Here's a taste of what's in the biscuit tin at the moment, hoping for its moment to shine, legislatively-speaking.

New Green MP Kahurangi Carter's member's bill would allow artists and writers to re-use copyrighted material if it was for parody or satirical purposes, something Carter said would bring New Zealand into line with other countries and promoted freedom of speech.

New Plymouth MP David MacLeod inherited his bill, which would make a specific offence for a so-called coward punch that caused injury or death. However, the bill had a personal resonance for him as his son was hit from behind when trying to break up a fight, he said.

National MP David MacLeod. (Source: 1News)

Being drawn from the ballot is one thing, but being passed is another. The vast majority of members' bills may not make it to law - or even pass their first reading (the first of three votes to progress a bill), to select committee. A government can also veto a member's bill, if, in that their view, the proposal would have "more than a minor impact" on the government's fiscals should it become law.

This happened in 2016 to former Labour MP Sue Moroney's Parental Leave and Employment Protection (6 Months' Paid Leave) Amendment Bill.

But members' bills can still have an effect even if they don't pass. Some can inspire government legislation, or spark a debate or discussion on a topic, or provide a barometer on public opinion on an issue. Some members' bills can even be adopted by the government. This happened in 2008, when the Helen Clark Labour-led Government adopted Green MP Nandor Tanczos's Waste Minimisation Bill, which became law.

National MP Dan Bidois has taken over a members' bill drawn from the ballot last year. The bill, which had been in Melissa Lee's name, had to be transferred to another MP after Lee was made a minister in the new government. The bill would make a standard timeframe for the expiry of gift cards, so people didn't get caught out. It passed its first reading and is now in the select committee stage.

Bidois said while it "may not be the biggest issue in the world" it was a "tangible" issue that could be fixed with a view to making things a bit fairer. It was opposed by ACT at its first reading but otherwise had the support of the former Parliament at its first reading.

You can see the full list in the ballot here, which is regularly updated by Parliament.

The ballot system is relatively new, introduced in 1992. It replaced the previous, first-in-first-served system, where members' bills were set down on the Order Paper in the order they were received by the Clerk.

A ballot is held whenever the first reading of a member's bill creates a vacancy on the Order Paper - that's currently eight members' bills, maximum.

The members' bill biscuit tin. (Source: 1News)

In 2011, another change was made: members' bills had to be prepared and distributed in advance of a ballot. Before that, only a title and brief description was needed, but that meant members often repeatedly postponed the first reading of their drawn member's bill to promote it. It meant the House occasionally ran out of business to attend to on members' days, where the bills were debated. Now members' bills are available and able to be scrutinised while they are in the ballot.

Members' bills can now stay in the ballot until they're drawn, withdrawn, or lapse at the end of a parliamentary term.

While most bills drawn from the ballot end up in the recycling, some members' bills - either from the ballot or its former first-in-first-served system - have led to significant societal shifts.

Both homosexual law reform in 1986 - which decriminalised sexual relations between men aged 16 and over - and marriage equality in 2013 owe their existence to the biscuit tin ballot.

While the last use of the death penalty in New Zealand was the death of Walter Bolton in 1957, it officially ended through the Abolition of the Death Penalty Act in 1989, which began as a member's bill.

In 2003 came the Prostitution Reform Bill, which decriminalised sex work, which, like homosexual law reform before it and marriage equality after it, triggered torrid debate before ultimately passing into law.

Four years later, in 2007, came the Crimes (Substituted Section 59) Amendment Bill, which had formerly been the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill, a member's bill in the name of Green MP Sue Bradford.

The members' bill ballot draw. (Source: 1News)

It's better known now as the so-called "anti-smacking bill". It removed the legal defence of "reasonable force" for parents prosecuted for assault on their children, and was hotly debated, including triggering a referendum question.

In 2011, another members' bill, under ACT's Heather Roy, was passed. It meant university students' associations no longer automatically drew down students' membership fees, changing it to an opt-in membership model. The bill was heavily debated in the tertiary sector.

In 2014, a member's bill drawn from the ballot and ultimately passed meant it became an offence to possess a high-powered hand-held laser. It had cross-party support and aimed to protect pilots and truck drivers from being targeted with the powerful beams.

From lasers to life jackets, the Member's Bill tin has seen it all, and continues its quiet business in New Zealand's democracy.

Health boss calls for alternatives to scrapped smokefree laws

Jason Alexander said the cancellation of the Smokefree Amendment Act would cost lives and the economy.

Political editor Jessica Mutch McKay leaving 1News, TVNZ

"Jessica has been an exceptional Political Editor for TVNZ," a spokesperson for the broadcaster said.

Clean Car Discount scheme ends today removing rebates, 'ute-tax'

Former Governor-General Sir Michael Hardie Boys dies

John Campbell: Are we on the cusp of something new or something old?

How does someone get on the NZ honours list?

Clean Car Discount scheme ends today removing rebates, 'ute-tax'

Former Governor-General Sir Michael Hardie Boys dies

John Campbell: Are we on the cusp of something new or something old?

How does someone get on the NZ honours list?

Health boss calls for alternatives to scrapped smokefree laws

Jason Alexander said the cancellation of the Smokefree Amendment Act would cost lives and the economy.

Political editor Jessica Mutch McKay leaving 1News, TVNZ

"Jessica has been an exceptional Political Editor for TVNZ," a spokesperson for the broadcaster said.

Clean Car Discount scheme ends today removing rebates, 'ute-tax'

Former Governor-General Sir Michael Hardie Boys dies

John Campbell: Are we on the cusp of something new or something old?

How does someone get on the NZ honours list?

Planes collide in fiery crash on runway at Tokyo airport, 5 dead

Waikato dairy farmer's plea to stay in NZ after 10 years rejected

'Freewheeling spirit' - family grieves Olympian Melissa Hoskins

Cousins aged four and six die in Far North swimming hole crash

Swimmer missing off Auckland beach, search underway

Police receive more than 40 calls as dirt bikers swarm in Auckland

Planes collide in fiery crash on runway at Tokyo airport, 5 dead

From the biscuit tin: The wildcard would-be laws

Kiwis look to cheaper cars, public transport as cost of living bites

Clinical trials bring hope for patients of one of NZ's deadliest cancers

Israel says it plans to pull thousands of troops from Gaza

Swimmer missing off Auckland beach, search underway

Planes collide in fiery crash on runway at Tokyo airport, 5 dead

From the biscuit tin: The wildcard would-be laws

Kiwis look to cheaper cars, public transport as cost of living bites

Clinical trials bring hope for patients of one of NZ's deadliest cancers

Israel says it plans to pull thousands of troops from Gaza

Swimmer missing off Auckland beach, search underway

Planes collide in fiery crash on runway at Tokyo airport, 5 dead

Waikato dairy farmer's plea to stay in NZ after 10 years rejected

'Freewheeling spirit' - family grieves Olympian Melissa Hoskins

Cousins aged four and six die in Far North swimming hole crash

Swimmer missing off Auckland beach, search underway

Police receive more than 40 calls as dirt bikers swarm in Auckland

Planes collide in fiery crash on runway at Tokyo airport, 5 dead

From the biscuit tin: The wildcard would-be laws

Kiwis look to cheaper cars, public transport as cost of living bites

Clinical trials bring hope for patients of one of NZ's deadliest cancers

Israel says it plans to pull thousands of troops from Gaza

Swimmer missing off Auckland beach, search underway

Planes collide in fiery crash on runway at Tokyo airport, 5 dead

From the biscuit tin: The wildcard would-be laws

Kiwis look to cheaper cars, public transport as cost of living bites

Clinical trials bring hope for patients of one of NZ's deadliest cancers

Israel says it plans to pull thousands of troops from Gaza

Swimmer missing off Auckland beach, search underway

Mexico’s National Fine Arts Institute announced Murguía’s death Sunday without providing a cause of death.

Sir Ian, 82, has been a highly respected actor, director and screenwriter for nearly 60 years.

Mexico’s National Fine Arts Institute announced Murguía’s death Sunday without providing a cause of death.

Sir Ian, 82, has been a highly respected actor, director and screenwriter for nearly 60 years.

Mexico’s National Fine Arts Institute announced Murguía’s death Sunday without providing a cause of death.

Sir Ian, 82, has been a highly respected actor, director and screenwriter for nearly 60 years.

It's like Lotto for laws, and it's drawn from a humble biscuit tin bought from Deka. It's brought about marriage equality, sex work law reform and 'anti-smacking' legislation. 1News political reporter Felix Desmarais breaks down what the member's bill ballot is, and what's in the tin at the beginning of this new term.

Cushla Tangaere-Manuel was sworn in as an MP on a Tuesday, and by Thursday she had a bill on the legislative agenda.

But the newbie MP - who just swiped Ikaroa-Rāwhiti from Meka Whaitiri - is not even part of the Government. She's a Labour MP.

Her bill, the Local Government (Facilitation of Remote Participation) Amendment Bill, will be debated in Parliament because it was drawn from the member's bill ballot on December 7. The bill would allow local councillors to attend meetings virtually, rather than being required to be physically present. A temporary change allowed it during the pandemic, but Tangaere-Manuel said it was welcomed by the sector and particularly useful in her electorate when roads were inaccessible.

There are four kinds of bills that can pass through Parliament - government, local, private and members' bills.

The big dogs are government bills, which are introduced by Ministers. Provided a government has a majority of the votes in Parliament (which it normally does, unless there's some disagreement in a coalition) these bills will pass.

Local authorities can put forward local bills to deal with specific issues in their area, and the local MP is usually the sponsor of that bill. Private bills are the rarest type of bill - they apply to a specific person or group.

The fourth kind, members' bills, have a very special way of getting before Parliament.

Any MP who is not a minister can have one member's bill in the ballot at a time. Bills are placed on a numbered list, and tokens with each number is placed inside the biscuit tin. Every time space is freed up on Parliament's order paper, a small ceremony, conducted by the Clerk of the House, takes place. It's usually held in the Parliamentary Library.

An invited politically neutral person, sometimes a lucky school kid, will have the honour of reaching into the tin and drawing out a token, and announcing the number. The Clerk then reads out which bill is the lucky one that day.

And Tangaere-Manuel was that lucky MP in her first official week on the job. It doesn't mean the bill will pass into law, though - that's up to Parliament. But it does mean it will be introduced to the House and face a first reading debate and vote.

Tangaere-Manuel's bill is not the only one drawn so far this term. On December 14, Green co-leader James Shaw's bill that would add the "right to a sustainable environment" to the Bill of Rights was also drawn.

There are currently about 64 bills in the ballot, most of which are from Labour, National and Green MPs. When an MP becomes a minister, a member's bill is often handed over to a less senior MP in the same party, or it may be removed to become a Government bill.

Here's a taste of what's in the biscuit tin at the moment, hoping for its moment to shine, legislatively-speaking.

New Green MP Kahurangi Carter's member's bill would allow artists and writers to re-use copyrighted material if it was for parody or satirical purposes, something Carter said would bring New Zealand into line with other countries and promoted freedom of speech.

New Plymouth MP David MacLeod inherited his bill, which would make a specific offence for a so-called coward punch that caused injury or death. However, the bill had a personal resonance for him as his son was hit from behind when trying to break up a fight, he said.

Being drawn from the ballot is one thing, but being passed is another. The vast majority of members' bills may not make it to law - or even pass their first reading (the first of three votes to progress a bill), to select committee. A government can also veto a member's bill, if, in that their view, the proposal would have "more than a minor impact" on the government's fiscals should it become law.

This happened in 2016 to former Labour MP Sue Moroney's Parental Leave and Employment Protection (6 Months' Paid Leave) Amendment Bill.

But members' bills can still have an effect even if they don't pass. Some can inspire government legislation, or spark a debate or discussion on a topic, or provide a barometer on public opinion on an issue. Some members' bills can even be adopted by the government. This happened in 2008, when the Helen Clark Labour-led Government adopted Green MP Nandor Tanczos's Waste Minimisation Bill, which became law.

National MP Dan Bidois has taken over a members' bill drawn from the ballot last year. The bill, which had been in Melissa Lee's name, had to be transferred to another MP after Lee was made a minister in the new government. The bill would make a standard timeframe for the expiry of gift cards, so people didn't get caught out. It passed its first reading and is now in the select committee stage.

Bidois said while it "may not be the biggest issue in the world" it was a "tangible" issue that could be fixed with a view to making things a bit fairer. It was opposed by ACT at its first reading but otherwise had the support of the former Parliament at its first reading.

You can see the full list in the ballot here, which is regularly updated by Parliament.

The ballot system is relatively new, introduced in 1992. It replaced the previous, first-in-first-served system, where members' bills were set down on the Order Paper in the order they were received by the Clerk.

A ballot is held whenever the first reading of a member's bill creates a vacancy on the Order Paper - that's currently eight members' bills, maximum.

In 2011, another change was made: members' bills had to be prepared and distributed in advance of a ballot. Before that, only a title and brief description was needed, but that meant members often repeatedly postponed the first reading of their drawn member's bill to promote it. It meant the House occasionally ran out of business to attend to on members' days, where the bills were debated. Now members' bills are available and able to be scrutinised while they are in the ballot.

Members' bills can now stay in the ballot until they're drawn, withdrawn, or lapse at the end of a parliamentary term.

While most bills drawn from the ballot end up in the recycling, some members' bills - either from the ballot or its former first-in-first-served system - have led to significant societal shifts.

Both homosexual law reform in 1986 - which decriminalised sexual relations between men aged 16 and over - and marriage equality in 2013 owe their existence to the biscuit tin ballot.

While the last use of the death penalty in New Zealand was the death of Walter Bolton in 1957, it officially ended through the Abolition of the Death Penalty Act in 1989, which began as a member's bill.

In 2003 came the Prostitution Reform Bill, which decriminalised sex work, which, like homosexual law reform before it and marriage equality after it, triggered torrid debate before ultimately passing into law.

Four years later, in 2007, came the Crimes (Substituted Section 59) Amendment Bill, which had formerly been the Crimes (Abolition of Force as a Justification for Child Discipline) Amendment Bill, a member's bill in the name of Green MP Sue Bradford.

It's better known now as the so-called "anti-smacking bill". It removed the legal defence of "reasonable force" for parents prosecuted for assault on their children, and was hotly debated, including triggering a referendum question.

In 2011, another members' bill, under ACT's Heather Roy, was passed. It meant university students' associations no longer automatically drew down students' membership fees, changing it to an opt-in membership model. The bill was heavily debated in the tertiary sector.

In 2014, a member's bill drawn from the ballot and ultimately passed meant it became an offence to possess a high-powered hand-held laser. It had cross-party support and aimed to protect pilots and truck drivers from being targeted with the powerful beams.

From lasers to life jackets, the Member's Bill tin has seen it all, and continues its quiet business in New Zealand's democracy.

A health provider is calling on the government to ditch plans to repeal smokefree law, in order to improve health outcomes for Māori and the general public.

Hāpai Te Hauora, the National Māori Public Health Organisation, had been calling for the government to stop the repeal last year.

The amendments to the country's smokefree legislation are set to be repealed by the National-led government.

The amendments would have taken cigarettes out of most dairies, lowered the nicotine levels in cigarettes, and denied sales to anyone born after 1 January 2009.

Hāpai Te Hauora interim chief executive officer Jason Alexander said the cancellation of the Smokefree Amendment Act would cost lives and the economy and would continue to burden the country's already over-burdened health system.

He said many people had supported the legislation.

"Speaking to our communities every day, people want these laws, they were world-leading legislation so we should continue them at all costs. If not, if the government is set on this path, then we're more than willing to work with them on some alternatives."

Alexander said alternatives could involve raising the age for tobacco purchase to 25 and reducing the number of retail outlets.

Rallies to protest against government plans to repeal Smokefree legislation took place in Wellington and Auckland last month.

Jessica Mutch McKay is leaving TVNZ after more than a decade at the broadcaster.

The 1News political editor took over from Corin Dann in the high-profile role in 2018 and has led coverage of two elections.

Before her time as editor, Mutch McKay worked as a gallery reporter, a general reporter and as Europe correspondent for 1News.

She also spent time with Q+A during her years at TVNZ.

"Jessica has been an exceptional Political Editor," a spokesperson for the broadcaster said this morning.

"She has led a world class team of reporters through a remarkable time in New Zealand politics, including skilfully helming our 2023 Election coverage.

"While we are sad to see her go, we wish her all the best in her new role.

"We will advertise and appoint Jessica's replacement in the coming weeks."

During last year's election, Mutch McKay hosted two TVNZ leaders' debates as Labour's Chris Hipkins and National's Christopher Luxon squared off for the job of prime minister. She also co-hosted 1News' election night coverage.

She led 1News' political coverage of the Covid-19 pandemic response and the Parliament protest last year, among other major moments in New Zealand's recent political history.

The Clean Car Discount scheme wraps up today, taking financial incentives for low-emissions vehicles and the so-called "ute-tax" with it.

The scheme was announced in June 2021, creating fees for the buyers of newly imported combustion engine vehicles, with that money going towards rebates for electric cars or plug-in hybrids.

It was designed to be financially neutral, but when demand for low-emission vehicles outstripped the fees collected, the Labour government rejigged the scheme in May.

Those changes increased fees for higher emitting vehicles - something ute drivers like farmers and tradies were particularly concerned about - and lowered the emissions threshold for eligible vehicles.

National promised it would scrap the rebate and higher fees for high-emissions vehicles in the first 100 days of government if it got into power, and now, it is axing the scheme as of the new year.

The Green Party disagrees with cutting the scheme, saying it was foolish to be getting rid of something this effective.

The party's transport spokesperson, Julie Anne Genter, said it had been hugely popular, and increased the range of low-emissions vehicles being brought into the country.

"It created a step-change in the number of low-emissions vehicles and EVs in particular that were coming into New Zealand."

Genter said New Zealand should be striving to be an international frontrunner in the uptake of low emissions vehicles, and scrapping the scheme would put us behind.

"I think that momentum will slow down, but it won't go back to what it was before we had the policy, so that's a win."

RNZ previously reported car dealerships were slashing their prices in the wake of the announcement of the scheme's demise, but there was no stampede to get in before it ended.

Genter said while it was possible the scheme could re-emerge at a later date, the time to make change was now, with transport as the biggest source of emissions in New Zealand.

"In a few years' time, we won't need a policy like this, because automobile manufacturers are phasing out fossil fuel vehicles as a result of so many countries in the world having policies sending them in that direction."

Automobile Association spokesperson Dylan Thompson said it could be months before we saw the effects of the scheme's cancellation on the car market.

"It was designed to stimulate the market, get people to go out there and incentivise them to purchase electric vehicles or cleaner vehicles, and it's been really successful."

He said it had rapidly increased the number of low-emissions vehicles on our roads, normalised them for buyers, and attracted more manufacturers to the New Zealand market.

Only time would tell if the lack of incentive in the form of rebates would be enough to slow the market.

By Kate Green for rnz.co.nz

Former Governor-General Sir Michael Hardie Boys has died, aged 92.

Sir Michael was appointed Governor-General in 1992, under then prime minister Jim Bolger.

He remained in the role until 2001.

Prime Minister Christopher Luxon this afternoon paid tribute to Sir Michael.

In a statement, Luxon said Sir Michael "guided New Zealand into the MMP era".

"He had a distinguished career in law and practised in Wellington, before being appointed a High Court Judge in 1980. He was appointed to the Court of Appeal and became a Privy Counsellor in 1989," said Luxon.

"He became our 17th Governor-General, serving from 1996 to 2001. It was during this time that New Zealand transitioned to the MMP electoral system. Sir Michael was a figure of stability during a time of significant constitutional change.”

I’m saddened by the death of Sir Michael Hardie Boys, the 17th Governor-General of New Zealand. His distinguished life of service to New Zealand was one of dedication and reliability. Sir Michael epitomised what it is to be a great New Zealander. Our thoughts are with his…

Sir Michael was appointed first Knight Grand Companion of The New Zealand Order of Merit when it was established in 1996 and was a Knight Grand Cross of the Order of St Michael and St George, additional Companion of the Queen’s Service Order, and Knight of the Order of St John.

After ending his term as Governor-General, Sir Michael continued to support the community, volunteering for a literacy programme at Kapanui School in Waikanae for over a decade, chairing the New Zealand Portrait Gallery Trust, and serving for a time on the Court of Appeal of Kiribati.

Luxon said these honours reflected a life devoted to the public service.

"Our thoughts are with his family at this time."

Governor-General Dame Cindy Kiro said Sir Michael carried out his vice-regal duties with "the utmost care and good humour, and took particular pride in encouraging and supporting the aspirations of young people".

"In carrying out my own duties as Governor-General during the recent election, I took great comfort in knowing I was following the principles Sir Michael so carefully laid out during his term."

In accordance with Sir Michael’s wishes, a state funeral will not be held.

From the biscuit tin: The wildcard would-be laws

Extra Large Money Tin Further details will follow from the family in due course.