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Marine and Coastal Area (Takutai Moana) Bill— Passage

Wednesday 9 March 2011 Hansard source (external site)

Parker6. Hon DAVID PARKER (Labour) Link to this
to the Attorney-General

Is it his intention to further progress the Marine and Coastal Area (Takutai Moana) Bill this week?

FinlaysonHon CHRISTOPHER FINLAYSON (Attorney-General) Link to this

My intentions are irrelevant. It is the Government’s intention that matters. The bill—[ Interruption]

ParkerHon David Parker Link to this

I raise a point of order, Mr Speaker. [ Interruption]

SmithMr SPEAKER Link to this

A point of order has been called.

ParkerHon David Parker Link to this

My point of order is that the Standing Orders prevent me from asking questions of the Government and allow me only to ask questions of Ministers.

SmithMr SPEAKER Link to this

I hear what the member is saying, but when I saw this question my immediate reaction was that there were plenty of outs in it for the Minister, because a single Minister does not determine the Order Paper of this House. If the member had worded his question slightly differently, he would have, I think, avoided this. There are a couple of questions on today’s Order Paper—

Hon Member

It’s up to the Clerk.

SmithMr SPEAKER Link to this

—where I would suggest members need to give some thought to the wording. It is not the Clerk’s responsibility.

ParkerHon David Parker Link to this

Then it’s in order.

SmithMr SPEAKER Link to this

I am not saying that the question is not in order; the question is in order. It is just that the wording of the question leaves the Minister able to give the kind of answer he did. I invite the member to think about his question. It is very easy to see how it could have been reworded to actually make what the member was seeking less easy to avoid. There are two questions on today’s Order Paper that struck me immediately. They are badly worded. It is not the Clerk’s responsibility. They are in order. It is not the Clerk’s responsibility to help members get their questions better. But the Minister—

MallardHon Trevor Mallard Link to this

I raise a point of order, Mr Speaker. Numerous Speakers have ruled that any Minister can speak on behalf of the Government, and they are—

SmithMr SPEAKER Link to this

The member will resume his seat, please. That is not the issue. And the member is debating an issue. It is just that this particular question, from the way it is worded, asks “Is it his intention to further progress” the bill. A Minister cannot determine whether a bill is further progressed. Wording that would have worked far better would have been “Is it his intention that the bill should be further progressed this week?”. I invite members to think about—[ Interruption] The member may react like that, but Ministers are perfectly at liberty to look at the wording of a question and to answer the question in terms of the way it is worded. Think about how questions are asked. As I say, two on today’s Order Paper are carelessly worded.

MallardHon Trevor Mallard Link to this

I raise a point of order, Mr Speaker. And despite what some people think, you know that I do not like debating these. That Minister said: “It is not a matter for me, but for the Government.” He is speaking for the Government—

SmithMr SPEAKER Link to this

That Minister is not responsible for the order of business in the House. That is a matter for the Leader of the House and not for that Minister. [ Interruption] When I am on my feet, the members will not carry on like that. That is something that is very clear, and the Minister, I am sure, will give some kind of answer if members will only let him. But it was very clear to me from the way that question was worded that this problem would emerge.

FinlaysonHon CHRISTOPHER FINLAYSON Link to this

I was going on to say before I was interrupted that the bill is not on the Order Paper for today, as it is members’ day. If the member wants to know how the bill will proceed, I suggest he speak to the Leader of the House, who has responsibility for House business. It is quite simple.

ParkerHon David Parker Link to this

Will the Attorney-General recommend to the Government that it refer his 73-page Supplementary Order Paper, which was tabled just today and which is two-thirds of the length of the original bill, to the Māori Affairs Committee for public submissions before advancing the bill in this House?

ParkerHon David Parker Link to this

Will he at least refer the 73-page Supplementary Order Paper to the committee for consideration by the committee, even if he will not allow public input?

ParkerHon David Parker Link to this

Will the Attorney-General table in the House the legal advice about the effect of the crucial threshold test for the establishment of a customary marine title, including analysis of the proportion of New Zealand’s foreshore and seabed that is expected to be met by that threshold test and comparisons with tests for customary title applied overseas in places like Canada and Australia, or does he want us to continue to do this blindfolded?

FinlaysonHon CHRISTOPHER FINLAYSON Link to this

No. I follow the practice established by Dr Cullen about making legal advice available.

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