Graham Kennedy: Questions for Oral Answer — Questions to Ministers 
Graham Kennedy: Questions for Oral Answer — Questions to Ministers 
[Volume:655;Page:4279] 
7.  
Dr KENNEDY GRAHAM (Green) 
 to the  
Minister of Foreign Affairs 
: Which United Nations Security Council resolution formed the legal basis for the deployment of the New Zealand Special Air Service to Afghanistan as part of Operation Enduring Freedom from 2001 to 2005; and would that resolution apply to any further deployment in 2009? 
Hon MURRAY McCULLY (Minister of Foreign Affairs) 
 I am advised that the previous Government cited UN Security Council resolutions 1368 and 1373 as the legal basis for the SAS deployment to Afghanistan. On 10 November 2005 the then Minister of Defence the Hon Phil Goff explained the legal position as follows: “International forces were sent after the unanimous passing through the UN Security Council of resolutions 1368 and 1373 on 12 and 28 September 2001. These expressly reaffirmed with respect to intervention in Afghanistan the inherent right of countries to individual and collective self-defence as recognised by the UN charter.” With regard to the second part of the member’s question that is a matter that the Government would turn its mind to in the event that it was required to make a decision in relation to a further deployment. 
Dr Kennedy Graham 
: Can the Minister confirm that Operation Enduring Freedom has the legal backing of regular renewed mission mandates decided by the UN Security Council? 
Hon MURRAY McCULLY 
: I can advise the House that New Zealand’s present deployment in Afghanistan the New Zealand provincial reconstruction team is part of the International Security Assistance Force known as ISAF. The International Security Assistance Force is mandated by the United Nations Security Council in accordance with the United Nations Charter. The present mandate was set in Resolution 1833 on 22 September 2008 which extended the International Security Assistance Force’s authorisation to 13 October 2009. 
Dr Kennedy Graham 
: I raise a point of order Mr Speaker. My question pertained to Operation Enduring Freedom not the International Security Assistance Force. I ask you whether I may repeat the question. 
Mr SPEAKER 
: The Minister gave an answer to the question. The member has further supplementary questions and I think he could use his further supplementary questions to pursue the answer the Minister gave at this stage. I invite the member to do so. 
Dr Kennedy Graham 
: In light of the fact there are two separate missions undertaken in Afghanistan—one the International Security Assistance Force which does indeed as the Minister said receive the legal backing of regular renewed mission mandates as decided by the Security Council and another Operation Enduring Freedom—my question remains: can the Minister confirm that Operation Enduring Freedom has the legal backing of regular renewed mission mandates as decided by the Security Council? 
Hon MURRAY McCULLY 
: My ministerial responsibility is for New Zealand’s efforts with regard to Afghanistan. Currently New Zealand’s deployment is undertaken through the New Zealand provincial reconstruction team and is part of the International Security Assistance Force and that mission carries the mandate of resolution 1833 passed by the United Nations Security Council on 22 September 2008. 
Dr Kennedy Graham 
: Which member States’ self-defence rights are being exercised under article 51 of the UN charter through Operation Enduring Freedom in Afghanistan 8 years after Security Council resolution 1368? 
Hon MURRAY McCULLY 
: If the member wants a detailed response to a detailed question of that sort he will need to give me notice. I will then be able to give him such a response. 
Metiria Turei 
: I raise a point of order Mr Speaker. There was a question expressly about this issue on the list of questions for oral answer. The Minister has had some hours to research and clearly has investigated the issues with great detailed knowledge. He cannot now stand up and claim he does not know enough about the issue because it is too complicated for him. Or is that his answer? He does not know. 
Hon Gerry Brownlee 
: Mr Speaker I turn your attention to Speaker’s ruling 163/3. I think that if you read it you will see that the difficulty here is that the member has asked a question that invites the sort of answer he got today. It was perfectly reasonable and perfectly within the Standing Orders as ruled by Speaker Hunt in 2004. 
Mr SPEAKER 
: I do not need any further assistance on this matter. The Minister gave a perfectly reasonable answer. This international law is quite a complex area. The Minister has been careful to make sure he does not give the House incorrect information. He has quite reasonably said that if a specific question is put down then he will provide the information. I do not believe that that is unacceptable to the House; I think it is a perfectly reasonable response to the House. 
Dr Kennedy Graham 
: I raise a point of order Mr Speaker. I would be very happy to rephrase the question in a manner that would allow the Minister to answer it today if you will allow me to. 
Mr SPEAKER 
: The Green Party has a further supplementary question and is perfectly at liberty to ask it. 
Dr Kennedy Graham 
: I do not wish to take up a colleague’s extra supplementary question. I can rephrase my question. 
Mr SPEAKER 
: I cannot allow members to go on endlessly rephrasing questions. The member will resume his seat. He will either use the fourth question available to his party today or he will put a further question on the Order Paper for the future. 
Keith Locke 
: Does the Minister endorse last Friday’s call by Kai Eide the chief of the United Nations mission in Afghanistan for an urgent review of US special forces operations in Afghanistan because American air raids are killing so many innocent Afghan civilians? 
Hon MURRAY McCULLY 
: The Government is aware of the concern expressed by the chief of the United Nations mission in Afghanistan Mr Kai Eide. In fact I discussed those precise concerns with him when I met him in Afghanistan recently. The point Mr Eide makes is that there is always a risk with the use of special forces that there will be heightened casualties. That is a point he has made directly to the NATO forces and the International Security Assistance Force over some months now. I understand that there will be ongoing dialogue on that point. In that respect I endorse the manner in which he continues to take up this matter. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. Because I think there is a lot of interest in the House on this particular issue I want to make it clear from the Labour Party’s perspective that if Dr Graham seeks leave for an extra supplementary question we will not oppose it. 
Mr SPEAKER 
: Normally if questions are to be allocated to another party the Speaker needs to be notified. 
Hon Trevor Mallard 
: No we are not allocating a question; the member will be seeking leave. 
Dr Kennedy Graham 
: I seek leave to ask one further supplementary question on that basis. 
Mr SPEAKER 
: Which will be taken from the Labour Party? 
Hon Members 
: No. 
Mr SPEAKER 
: I beg members’ pardon. [ 
Interruption 
] A point of order is being dealt with and it is my fault that the House has become disorderly. I apologise for that. Leave is sought by the member to ask a further supplementary question. Is there objection to that course of action? There is objection.