10. GERRY BROWNLEE (Deputy Leader—National) Link to this
to the Minister in Charge of Treaty of Waitangi Negotiations
What negotiations, if any, are currently taking place between the Government and Tainui over the Waikato River?
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations) Link to this
In May 2005 the Crown recognised the mandate of the Waikato Raupatu Trustee Co. Ltd to negotiate the Waikato River claims of Waikato-Tainui. Negotiations are taking place.
Are those negotiations likely to cause Waikato River users additional costs, where costs are applied, if those negotiations are successfully concluded for Tainui?
As agreed in the terms of negotiation between the Crown and Waikato-Tainui, the negotiations over the river are, as with any such negotiations, confidential to the parties unless otherwise agreed between them. It would not, therefore, be appropriate for me to discuss or disclose any of the detail of those negotiations at this time.
What protections for existing Waikato water and river users are the Government seeking in those negotiations?
As I indicated, although it is inappropriate for me to comment on the specifics of any negotiation that is in progress—as the member knows, that would be a breach of good faith—I can say to the member that it is a general principle that the rights of users be protected in any such negotiation.
Is it possible that as a result of those negotiations, Waikato River users and/or users of water will have to negotiate with Tainui over the existing or future use of the river or its water?
I raise a point of order, Madam Speaker. I did not ask him to speculate, at all. The Minister knows he is in those negotiations. He knows he has received reports. He will not give them to us, because he is saying that the Act does not apply to them. This is a parliamentary issue. It is about a very iconic waterway in this country. I asked him, simply, what the Government’s position would be in the negotiations. To just be told he cannot tell me that because to do so would be a breach of good faith raises the question of with whom it would be a breach of good faith.
As the member knows well, the process by which negotiations take place is that good-faith negotiations require a confidentiality of process. This Parliament, of course, will have the opportunity, at the time that a deed of settlement bill comes to it, to consider that bill in detail. The bill would go to a select committee, and the House in its entirety would get to consider it after the select committee. It is therefore simply not credible for the member to suggest that the House is excluded. It is simply a matter of addressing matters in their appropriate order, in good faith—a concept I do not think the member understands well.
Madam SPEAKER
Rt Hon Winston Peters Link to this
Is it a fact that the negotiations are taking place because the Waikato River was not included in the Tainui settlement effected and signed off by the previous National Government, seven members of which are present over there on the Opposition benches?
It is the case that in 1995 the river was specifically excluded, in order that it would be addressed later on. That is what this Government is doing.
Will the Minister confirm that the legislation that may give effect to the negotiations will not see the light of day until he and this Government know that they have the numbers to pass it; and in that event, will he give an undertaking that prior to it coming to the public’s attention, there will be discussions with Waikato water users over the future of their rights to access water from the river?
I can assure the member that the bill will not see the light of day until the negotiations are complete. That is the normal order of these things.