12. Hon Dr MICHAEL CULLEN (Labour) Link to this
to the Minister of Maori Affairs
What advice, if any, has he received from his officials at Te Puni Kōkiri on comments made by the Hon Pita Sharples, Co-leader of the Māori Party, that if the review of the Foreshore and Seabed Act found no changes were needed “we’ll probably sack them and put another group in”; and did such advice go to the issue of whether the co-leader of a political party has authority to sack the review board?
Hon Dr PITA SHARPLES (Minister of Māori Affairs) Link to this
Tēnā koe, Mr Speaker. None, as I have said before in the House. Te Puni Kōkiri did not provide me with any advice on what should be done if the review panel recommended that no changes were needed.
Hon Dr Michael Cullen Link to this
Does the Minister accept in his ministerial role that the only people who could possibly sack a review board were Ministers; if so, does he accept that when he made that statement, he must have said it in his ministerial role, and that if he was not acting in his ministerial role, he was simply uttering empty words with no meaning?
Hon Dr PITA SHARPLES Link to this
I accept that if anyone was to sack a panel, it would be the Minister. But it was said as a joke, and everybody there laughed. I am amazed that the member cannot see the humour in it.
Hon Christopher Finlayson Link to this
What involvement has the Minister had in the Foreshore and Seabed Act review, and how has he enjoyed working with the Attorney-General?
Hon Dr Michael Cullen Link to this
I raise a point of order, Mr Speaker. Following on from the previous answer, I take it that the last part of that question was a joke.
Hon Dr PITA SHARPLES Link to this
My answer is not a joke. As Minister I have had input into the development of the terms of reference of the review, and into the selection of the review panel, and my ministry is involved in providing support for the panel’s secretariat. I look forward to working with my ministerial colleagues to respond to the report of the independent review panel in due course. It is my hope that, following the review, iwi and hapū mana whenua of the foreshore and seabed will be appropriately recognised.
Hon Dr Michael Cullen Link to this
In his close and intimate working relationship with the Attorney-General, has he raised the question of maintaining statutory protection of public rights of access and navigation, and statutory protection of the codification of common law rules around customary rights?
Hon Dr PITA SHARPLES Link to this
In all my dealings with, and conversations about, the Act, the protection of public access to the foreshore and seabed has been paramount.
Te Ururoa Flavell Link to this
Tēnā koe, Mr Speaker. Kia ora tātou katoa. Will the Minister support the review panel’s report?
Hon Dr PITA SHARPLES Link to this
I support the process established for the review of the Foreshore and Seabed Act, and the independent panel that has been appointed to conduct the review. The independent panel will consult widely with Māori as part of its review process. The findings and the recommendations of the review will be fully considered by the Government.
Hon Dr Michael Cullen Link to this
Has the Minister received an assurance from the Attorney-General that the Government will support the outcome of the review, whatever it may be, just as he has stated that he will support the outcome of the review, whatever it may be?
Hon Dr PITA SHARPLES Link to this
I repeat what I said. When the review is over, the Government will consider its findings. Kia ora.
Te Ururoa Flavell Link to this
Has the Minister been advised of any statements made by members of Parliament about what should happen if the review of the Foreshore and Seabed Act finds that the Act should be repealed?
Hon Dr PITA SHARPLES Link to this
I have received advice that the Green Party has called the review “a step in the right direction as hopefully it will come to the sensible conclusion that this Act needs to be repealed and Maori access to the courts restored”. Its Māori affairs spokesperson, Metiria Turei, has gone further in calling for the National Government to respect its findings.
Hon Dr Michael Cullen Link to this
In the light of that last answer, is the Minister aware that the Act provides for access to the courts in terms of both territorial customary rights and specific usage rights?
Hon Dr PITA SHARPLES Link to this
I am aware of that. But territorial customary rights are nothing compared with the customary rights that had been handed down generation after generation after generation that that member cut off.