Madam SPEAKERI have received a letter from the Hon Dr Nick Smith seeking to debate under Standing Order 380 the decision of the High Court on 18 September 2006 regarding the decision of the Minister of Conservation on 7 March this year to refuse to grant two coastal permits required for the restricted coastal activities for the proposed marina at Whangamata. The Minister’s decision is not a case of recent occurrence. The decision of the High Court is a matter of recent occurrence, but there is no ministerial responsibility for the decision of the High Court. The application is therefore declined.
Hon Dr NICK SMITH (National—Nelson) Link to this
I accept your ruling, but it is a very serious matter when the High Court of New Zealand finds that the Minister of Conservation breached process quite seriously, so I wish to seek the leave of the House for a debate in respect of the decision by Judge Fogarty that the decision by Mr Carter was unlawful. My expectation is that the debate would be in terms of the Standing Orders.
Hon Dr NICK SMITH (National—Nelson) Link to this
On that basis, I then seek leave to table the decision of Judge Fogarty, which finds that Chris Carter breached the law in the decision he made on the Whangamata marina.