8. Hon Dr NICK SMITH (National—Nelson) Link to this
to the Minister of Conservation
Does he stand by his answers to questions in the House on 14 March 2006 in regard to the Whangamata marina, in which he stated “I followed due process” and “I followed the legal process under the Resource Management Act”?
Hon CHRIS CARTER (Minister of Conservation) Link to this
In general, yes, but I accept the court’s advice.
Hon Dr Nick Smith Link to this
How can the Minister possibly tell the House that “In general, yes,” he did follow the law and due process, when the High Court found his decision “unfair”, and “in breach of the common law standards of natural justice” and that there was more than one error of law; will he now apologise to the Whangamata Marina Society for his repeated breaches of the law? [ Interruption]
Madam SPEAKERI too would like to quote the court. Justice Fogarty stated: “There are no findings in this judgment which would warrant an extraordinary direction by this Court that the present Minister of Conservation should not continue to be seized of this case. The errors identified can be corrected … clearing a way for reconsideration by this Minister.”
Charles ChauvelWho will make the final decision about whether to grant the two restricted coastal activity permits required under the Resource Management Act for the Whangamata marina?
I would note that Judge Fogarty said in his judgment that my decision was not biased, predetermined, or irrational, and he directed me to remake my decision using a better process. After careful thought, I decided it was important to remove any suggestion of predetermination in a new decision taken by me. Accordingly, I have delegated the authority to make a new decision to my colleague David Benson-Pope, the Minister for the Environment, who is in charge of the Resource Management Act.
Hon Dr Nick Smith Link to this
Why did the Minister, in his statement on 19 September following the High Court decision, say that he would be making the final decision on Whangamata but then, on 12 October, in the exact hour in which the Auditor-General dropped his explosive report on Labour’s illegal campaign spending, announce he would pass the decision to David Benson-Pope; why did he hide the decision that way—was it that he was so embarrassed that he had been rolled by Dover Samuels and his caucus?
At no point during the period before I delegated the decision did I say I had come to a decision. I said I was considering it. And, of course, unlike that member I do not have a contempt of court ruling against me.
Hon Dr Nick Smith Link to this
Why should mum and dad taxpayers have to foot the bill of up to $250,000 awarded by the High Court in costs to the Whangamata Marina Society on top of the $150,000 his unlawful decision has cost Crown Law in its defence; and, if the taxpayer is to foot this $400,000 total bill for his illegal conduct, is not resigning the honourable thing to do?
Once again, that member illustrates his freedom with terminology. At no point did Justice Fogarty say my decision was unlawful. I guess that is why that member is currently before the courts being sued for $15 million for libel.
Hon Dr Nick Smith Link to this
How can he tell the House that the court did not find he had acted unlawfully when it said that he had made an error of law; what is the difference?
I repeat that Justice Fogarty said that I was still able to make the decision and that I had not acted unlawfully.
Hon Dr Nick Smith Link to this
Will his Government support National’s proposition to remove the Minister of Conservation’s veto over such consents, noting that in over 400-plus consents considered by Ministers since 1991 only once has a Minister overturned a decision of the Environment Court—and that was subsequently overturned by the High Court—and, further, that this High Court decision makes the Minister’s discretion very narrow and that this additional ministerial step just adds delay to the consenting process; would it not be better just to respect the decisions of the Environment Court?
What an extraordinary question that is from a member of a previous National Government that brought in the Resource Management Act and put these very provisions in it.
Hon Dr Nick Smith Link to this
I seek the leave of the House—noting that the Minister has tried to tell the House that he did not act unlawfully—to table, in order that members may read it, Judge Fogarty’s report, in which he found the Minister of Conservation breached the law on three different counts.