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Marine and Coastal Area (Takutai Moana) Bill—Application of Resource Management Act

Tuesday 26 October 2010 Hansard source (external site)

Hide10. Hon RODNEY HIDE (Leader—ACT) Link to this
to the Attorney-General

Is it Government policy to exempt the holders of customary marine title from the application of the Resource Management Act 1991 and provide the holders with the sole right to give, or deny, a Resource Management Act permission right with no right of appeal or objection against the decision, as described in Bell Gully’s newsletter update October 2010 on the Marine and Coastal Area (Takutai Moana) Bill?

HideHon Rodney Hide Link to this

Is Bell Gully correct when it states that “… the holder of such a title has the sole right to give, or deny, an RMA permission right to any other person proposing a development within the area, and there is no right of appeal or objection against the decision.”, when that is exactly what clause 65 of the bill states; if not, why, exactly, is Bell Gully, in its update, wrong?

FinlaysonHon CHRISTOPHER FINLAYSON Link to this

I have the greatest of respect for Bell Gully

FinlaysonHon CHRISTOPHER FINLAYSON Link to this

—because it is a great firm—but where it possibly went slightly away from the straight and narrow was where it conflated customary interests with customary title, and it is trying to treat the two the same.

HideHon Rodney Hide Link to this

Is Bell Gully correct when it states: “It is the first time that legislation has been introduced which effectively removes the application of the Resource Management Act … to an … area.”; if he disagrees with that statement from Bell Gully, then could he please explain to the House why it is wrong rather than just give the explanation that Bell Gully conflated two concepts.

SmithMr SPEAKER Link to this

Just before I call the Minister, I was going to point out to him that he does not have any responsibility for Bell Gully’s statements. But he can, of course, give an opinion on them, which he has already done. If the Minister wishes to repeat it more slowly, then he is welcome.

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