Street Maryan: Ngati Tuwharetoa Raukawa and Te Arawa River Iwi Waikato River Bill — In Committee 
Street Maryan: Ngati Tuwharetoa Raukawa and Te Arawa River Iwi Waikato River Bill — In Committee 
[Volume:667;Page:14484] 
Hon MARYAN STREET (Labour) 
: 
 I am pleased to take a call in the Committee stage of the Ngati Tuwharetoa Raukawa and Te Arawa River Iwi Waikato River Bill because now we can get down to the nuts and bolts of it. I am looking at Parts 2 and 3 and the co-governance or co-management arrangements that exist in each of those parts. Part 2 addresses the co-governance of the Waikato River and Part 3 addresses the Upper Waikato River co-management arrangement plans. 
I wonder whether I could prevail upon the Minister in the chair the Hon Georgina te Heuheu to speak to Supplementary Order Paper 169 which to all intents and purposes looks technical. There are a couple of things I am not sure about and I ask the Minister whether she is able to explain the rationale for some of the Supplementary Order Paper. I am clearly not wishing at all to be obstructive but it would be helpful to know. For example at the beginning of Part 2 straight under the title “Co-governance of Waikato River” a new clause 8A is to be inserted that talks about the relationship with the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act. I am wondering why this new clause is being inserted at this point or why there is not some reference earlier in the legislation. The Supplementary Order Paper talks about inserting a clause about the relationship with the raupatu claims which I have mentioned. It then says that the matters provided for in sections 9 to 34 are also provided for in sections 9 to 34 of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010. I ask the Minister whether this is simply a cross-referencing. Can she clarify that for me? 
Obviously we spent some time yesterday when we were last talking about this bill in its second reading on the relationship between this legislation governing the management and operation of the Waikato River upstream and downstream if you like across Ngati Tuwharetoa Raukawa and Te Arawa interests in the river. We said that this was distinct from the raupatu claims. If the Minister could clarify the placement of that clause I would be grateful. 
The next amendment in the Supplementary Order Paper is the omission of clause 38(1) which is part of the bit that I was especially excited about yesterday when I was talking about the review that had been built into the management and the plan of the membership of the authority. That was a very useful thing to do because it allows for some flexibility in the future should it be required. Clause 38 deals with the review and amendment of the plan. It is taking out the part that refers to Ngati Tuwharetoa and says that for them “the Trust must give the other Trusts written or electronic notice within 30 business days …”. Again if this is simply an administrative matter I would be pleased to hear about it from the Minister. 
Similarly in respect of clause 38(2)(a) there is a reference in the Supplementary Order Paper to inserting the words “… and the Trust for Ngati Tuwharetoa if it did not participate in the preparation of the plan and decides under clause 4(4A) of Schedule 5 to participate in the review …”. I suppose this is where I need a little background from the Minister as to why this insertion happens here. Again there may be a simple explanation that is eluding me at this hour of night. 
The Supplementary Order Paper makes three other changes. I do not think there is anything particularly significant although when one takes away the word “and” in legislation and my reference here for the Minister is clause 46(2)(a)(i) does it mean that each of those provisions—that is why the trust should meet no less than twice a year—become separate or are they to be aggregated? Do we assume that the purpose of meeting no less than twice each year is to do each of those things set out in subparagraphs (i) (ii) and (iii) by the omission of the word “and”? 
I think the other changes in the Supplementary Order Paper are simply technical. They are the ones relating to clause 57(3) and schedule 4. I would be grateful if the Minister could clarify any of those questions that I have raised. I am sorry; there are also changes to schedule 5. Thank you.