I move, That the Companies (Address Information) Amendment Bill be now read a third time.
I wish to begin my speech this evening, on the third reading of this bill, by thanking two of my colleagues—one former; one current—for their work on this issue too. The bill was initially Sarah Pallett’s bill, who was the MP for Ilam in the last term of Parliament. Sarah had put the bill in the ballot, and after the 2023 election, I took the bill on under my name, in the ballot. When it was drawn, it was as much Sarah’s bill as mine. The other person, who is a current MP, who I would like to thank is Laura McClure from the ACT Party. She was working on a similar issue and, I think, even had a somewhat similar, though not completely the same, bill in the ballot. My one got drawn first, and, of course, she has been very supportive of it throughout. I’d very much like to acknowledge her input into this issue, too.
What does this bill do? It’s actually quite a simple and straightforward thing that it does, in some ways. What it does is it enables people, where they feel that they are under some form of threat or could suffer some form of harm—it enables people who are directors of companies to have their name removed from the register of companies in the Companies Office. The purpose that serves is quite straightforward. Look, at present, company directors are required to have their home address on their records in the Companies Office. What that means is that if you know someone’s name and you know they are a director of a company, then it is a matter of a simple Google search—a matter of seconds—to bring up their home address.
Back in the olden days, before the internet, before the Companies Office records were all put online, if a person wanted to find out a company director’s home address, they had to physically travel to the Companies Office and actually physically look up the records. There was a bit of a barrier there, so you’d have to be pretty serious about doing it. Then, of course, your face would be in front of the Companies Office; people might remember who you are. Today, an anonymous Google search does the trick.
What that has done is it has led to some very real problems for people who have been stalked and harassed because someone wishing them ill has been able to find their home address through the Companies Office. We need to change that. What this bill does is it changes it. What it means is that a director can go to the Companies Office, sign a statutory declaration, and ask for their name to be removed. That applies to directors, and, of course, to shareholders who are also directors; they can have that name removed from the shareholders records.
You might think this was a small issue, but in fact it was one that Sarah Pallett did pick up and talk about, and she told me the stories about it. There was one woman who wrote to her, or who contacted her, when she was an electorate MP. This woman was a clinical psychologist. She was, obviously, working with some people who had some particular issues going on. She was at risk of being stalked and was in some difficult situations because of the nature of her work. She ran her own small company. Because she was a director of that company, her home address was discoverable on the Companies Office records. It’s notable that the New Zealand College of Clinical Psychologists was one of the groups of people who put in a submission on this bill, in support of it.
I’m holding here a copy of the letter that Sarah sent to the then Minister, asking for this problem to be sorted out. That was in February 2022. In December 2022, Sarah wrote again to the Minister at the time, bringing to attention a case where—well, she says, “One of the women who initially contacted me in January, relating to threats to her physical safety from a man who has historically victimised her through domestic assault, stalking, embezzlement, identity theft, and fraud, has continued to be at risk because of the state of the legislation.” That man was able to stalk this woman. That is quite frightening.
I want to thank here another person who made a submission on this bill, a person who I sat down and talked with. We met in Auckland and had a long talk about the issues behind this bill. That’s Susan Templeton, who, as a founding director and sole shareholder of her company, had her address on the Companies Office register. She had gotten a text on her cellphone from someone who didn’t identify himself. But then it became very apparent that person knew where she lived, and it was a whole lot of stalking going on. Her story goes on: this person had found her residential address; “I soon noticed that on my morning walks, a car would pull up behind me very slowly on the street, and when I turned to look, they would speed off so fast. I never caught the licence number.” It just goes on and on; the story goes on. She managed to find out the licence plate number, because this happened repeatedly, made a report, and it was the person who had been stalking her. He had found her because her address was available. This is a very real problem that needed to be addressed.
This bill does offer a solution of sorts, and I will speak about that in a moment, but what I want to point out in the meantime is that it isn’t just these stories of individual women—important stories. In terms of the submissions we received, we had a whole lot of submissions from pretty important entities in support of this bill—not only in support of it; actually urging us to go further. We had submissions from the New Zealand Superannuation Fund, from the Restaurant Association, from Retail New Zealand, from Russell McVeagh, from Business New Zealand, from IAG, and from the Institute of Directors, who all thought the bill was a good step and who all urged us to go further. The particular step further, of course, would be to have shareholders be able to do this as well, not just shareholders who are also directors. I think there was a great deal of support for this bill. I thank those people for their submissions.
The other person I wish to thank at this time is Roger Wallis of Chapman Tripp, one of the partners there in corporate law, who wrote to me a number of times about the bill, actually, in his inimitable way, urging me to go further, saying, “You’re doing a good thing, but goodness! It’s got to be better.” OK, I didn’t quite get it there, Roger, but we did the best we could.
This bill has had a very long gestation to get to this stage. It was actually drawn from the ballot on 15 February 2024. As I said—I think, in the committee stage reading—that was back when I had red hair. A few things have changed since then. The first reading was on 20 March 2024. Then we had the whole select committee process. I would like to thank the chair of the Economic Development, Science and Innovation Committee, Parmjeet Parmar, and the members of that committee for their assiduous work on this bill. I see Vanessa Weenink smiling, there. She was the deputy chair—