Hague Kevin: Questions for Oral Answer — Questions to Ministers 
Hague Kevin: Questions for Oral Answer — Questions to Ministers 
[Volume:673;Page:19595] 
10. 
KEVIN HAGUE (Green) 
 to the  
Minister of Labour 
: Was she satisfied before the first explosion in the Pike River coal mine that her Government had done all it could to ensure the workplace safety of people working in underground coal mines; if so why? 
Hon KATE WILKINSON (Minister of Labour) 
: 
 According to advice received I had no reason to believe that the hazards in underground coalmines were not being managed. Immediately after the tragedy at Pike River the Government commissioned an independent safety audit of all other underground mines which recommended a number of safety improvements in those mines but reported that there was no evidence that a dangerous situation was imminent. We have also established a royal commission of inquiry with very wide terms of reference to inquire into all aspects of the explosion and mine safety. 
Kevin Hague 
: What steps has she taken to implement the call for the reinstatement of check inspectors in the 2008 Department of Labour discussion paper aimed at improving the health and safety in the underground mining industry? 
Hon KATE WILKINSON 
: The advice I received at the time was that check inspectors would not necessarily improve mine safety as the legal responsibility in our legislation needs to be squarely on employers. 
Kevin Hague 
: Why has the Minister ruled out the reinstitution of worker-appointed mine check inspectors abolished by the National Government in 1992? 
Hon KATE WILKINSON 
: I have not ruled that out; in fact it will be one of the issues that the royal commission of inquiry will look at and we will be taking those recommendations very seriously and acting accordingly. 
Kevin Hague 
: Is she aware that Australia still uses check inspectors and what has she instructed her department to do to learn from health and safety standards in Australian underground mining? 
Hon KATE WILKINSON 
: I understand that in some states in Australia they use check inspectors; in other states they do not use check inspectors. 
Kevin Hague 
: Why will the Minister not now reinstate the mines inspectorate dismantled by the National Government in 1998 in light of her department’s May 2011 report slamming the current system of mines inspection? 
Hon KATE WILKINSON 
: Because we are waiting for the recommendations of the royal commission of inquiry which will be giving a comprehensive review of the mines and the legislation relating thereto. 
Kevin Hague 
: In light of the Pike River mine disaster does she agree with the reassurance of the Hon Max Bradford in 1998 that changes to the mines inspectorate would not downgrade mine safety or with Mr Peter Ewen the author of the book  
Strongman: Three Score and More 
 who says: “The wisdom of the inspectorate changes in 1998 has been questioned by numerous parties and unfortunately it will only be a matter of when not if several pay with their lives given the ill-considered changes to the inspector’s role. Ministerial condolences that will follow will be of small comfort to the bereaved.”? 
Hon KATE WILKINSON 
: I think we can all agree that a very real and serious tragedy happened on Pike River. That is why we have taken the matter seriously. We have an internal investigation we have a health and safety in employment investigation and we have a royal commission of inquiry because like everybody else in New Zealand we want to know exactly what happened and why it happened and we want to prevent it happening again. 
Kevin Hague 
: Why did the Government halt the review of mine safety in 2009? 
Hon KATE WILKINSON 
: We did not halt it. 
Hon Trevor Mallard 
: Was she aware that her department halted the review of mine safety in 2009 and why did she not reopen that review when Damien O’Connor in May 2010 raised mine safety issues with her in writing? 
Hon KATE WILKINSON 
: The review was not halted by me. In fact some of the recommendations made in that review were actually adopted. 
Mr SPEAKER 
: Before we go on I am not sure that was an answer to the question asked. 
Hon Trevor Mallard 
: I did not ask whether she halted it at all. That was Mr Hague’s question. 
Mr SPEAKER 
: I invite the member to repeat his question. 
Hon Trevor Mallard 
: As much as I can remember it because it was adjusted following the response. Why did the ministry halt its review of mine safety and why did she not reopen that review in May 2010 when Damien O’Connor raised mine safety issues with her? 
Hon KATE WILKINSON 
: I do not believe that the department halted the review. 
Hon Trevor Mallard 
: Why did she not open a review or take seriously the requests of the member of Parliament for West Coast - Tasman Damien O’Connor in May 2010 when he raised mine safety issues with her? 
Hon KATE WILKINSON 
: I think the member has a false premise to that question because Damien O’Connor is not the member for West Coast - Tasman. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. I accept that I slipped. I was premature possibly in that. But can I ask you to ask the Minister to address the question. 
Mr SPEAKER 
: It is a very interesting point because I assisted the member a moment ago with a question that I did not believe was answered but it is incumbent on members to get their questions right. When a member as skilled as the honourable member makes that kind of error in a question it would be unfair of me to prevent a Minister from utilising that in an answer. I have to be balanced in how I handle these things. 
Hon Trevor Mallard 
: Why did she not reopen the review in May 2010 when Damien O’Connor raised mine safety issues with her? 
Hon KATE WILKINSON 
: We had a review of small mines I took that review very seriously and we accepted recommendations that were detailed in that review. 
Kevin Hague 
: Does she agree that the Government has a share of the responsibility for workplace health and safety in underground mines and for retrieving the remains of those who died in the Pike River disaster; if so does she understand New Zealanders’ abhorrence that the Government has made this the responsibility of the mine’s receiver? 
Hon KATE WILKINSON 
: I point out to that member that a fundamental premise of heath and safety in employment legislation is that the primary responsibility for health and safety in the workplace lies with the employer. 
Kevin Hague 
: I raise a point of order Mr Speaker. My question was whether she agreed that the Government had a share and she has not responded to that unless she is saying that the employer is entirely responsible. 
Mr SPEAKER 
: Given the nature of the member’s question I think the Minister’s answer was in order because in response to the question she answered that under the current law it is the employer’s responsibility. That was a reasonable answer to that question. 
Kevin Hague 
: I seek leave of the House to table a series of documents. The first is page 162 from the Peter Ewen book  
Strongman: Three Score and More 
 which contains the quote I referred to. 
Mr SPEAKER 
: Leave is sought to table that page— 
Hon Simon Power 
: What’s it from? 
Mr SPEAKER 
: It is from a book by a person called— 
Kevin Hague 
: Peter Ewen. 
Mr SPEAKER 
:—Peter Ewen and the book is called  
Strongman: Three Score and More 
. Leave is sought to table that page from that book. Is there any objection? There is objection. 
Kevin Hague 
: The second document is—[ 
Interruption 
] 
Mr SPEAKER 
: A point of order is being heard. Front bench members know better than that. 
Kevin Hague 
: The second document I seek leave to table is the submission of Mr W P Brazil into the inquiry on the administration of occupational safety and health policy in 1995. 
Mr SPEAKER 
: Leave is sought to table that document. Is there any objection? There is no objection. 
Document by leave laid on the Table of the House. 
Kevin Hague 
: The third document I seek leave to table is a list of National Party MPs for the period 1996 to 1999. 
Mr SPEAKER 
: We are not seeking leave to table that. It is a matter of common record.