Power Simon: Questions for Oral Answer — Questions to Ministers Urgent Questions Questions to Members 
Power Simon: Questions for Oral Answer — Questions to Ministers Urgent Questions Questions to Members 
[Volume:620;Page:16007] 
7.  
SIMON POWER (National—Rangitikei) 
 to the  
Minister of Conservation 
: Does he agree with the view of his department that aspects of the settlement offer to Te Arawa do not “advance special circumstances that are sufficient to justify an exception to principles or confine the precedent risk”; if not why not? 
Hon CHRIS CARTER (Minister of Conservation) 
: 
 Last year a number of agencies expressed concern about the effect this handover would have on the autonomy of local government. That concern has been addressed in the current deed and agreement with the relevant local government agencies. 
Simon Power 
: Has the Minister received any advice from his department that would confirm that the Te Arawa settlement is full and final; if so why is this any different from the full and final settlement of 1922? 
Hon CHRIS CARTER 
: The advice that I receive from my department pertains to biodiversity protection access and recreational opportunities and my department has been fulsome in its advice on those issues. 
Hon Ken Shirley 
: Is the Minister alarmed that the condition of unrestricted access for all recreational activities and scientific research at no fee in Lake Taupo has been seriously breached with Tuwharetoa denying access for the Crown research Institute of Geological and Nuclear Sciences to conduct volcanological surveys in Lake Taupo using a mini-submarine and how can we be assured that Te Arawa will not similarly obstruct access or demand payment for critical limnological studies in the Rotorua lakes? 
Hon CHRIS CARTER 
: I am confident that the agreement on the Te Arawa lakes will ensure public access and the welfare of those unique and iconic sites. 
David Parker 
: Has the Minister seen any reports on the parallels between the Te Arawa settlement and the previous treaty settlement with NgaiTahu? 
Hon CHRIS CARTER 
: Yes. I have seen a report that the Leader of the Opposition says that he cannot be held responsible for the treaty settlements negotiated by previous National Governments. I must say that it is a sad day when National turns its back on the significant contribution made by Sir Doug Graham in negotiating the settlement of one of the country’s largest treaty claims. 
Mr SPEAKER 
: The member has no responsibility in that area. 
Tariana Turia 
: Will the Crown through the Department of Conservation honour the undertaking given in 1880 to maintain the lakes in their pristine state for the use of the nation and tourists alike given the conditions of those lakes today; or is Te Arawa expected to use its $10 million to return the lakes to that state? 
Hon CHRIS CARTER 
: The Government will continue to work with Te Arawa to restore the health of those waterways. 
Simon Power 
: Can the Minister confirm that he has received advice from his department stating that “a decision on this proposal should follow the more detailed policy consideration that is taking place with respect to foreshore and seabed decisions”; if so will he follow his department’s advice? 
Hon CHRIS CARTER 
: I can confirm that I received that advice but at a much earlier date. Since then we have moved on in addressing those issues. 
Simon Power 
: Can the Minister confirm in relation to Tuwharetoa that it was accepted that the lake was confiscated rather than acquired through legal means unlike the Te Arawa deed in 1922 where a contract was entered into; if so is this Minister now telling the House that the Government would embark on treaty settlements regardless of whether a treaty grievance existed? 
Hon CHRIS CARTER 
: I can neither confim nor deny as I am not the Minister in charge of Treaty of Waitangi Negotiations. But I can confirm that I will be working hard to protect the biodiversity and recreational opportunities of those lakes. 
Simon Power 
: I raise a point of order Mr Speaker. In a newspaper article dated 7 October a spokesperson for the Minister of Conservation Chris Carter described the Minister as being “the Minister in charge of the negotiations relating to Tuwharetoa”. 
Mr SPEAKER 
: That may well be the case and I accept that what the member said is correct but that in no way goes past the point that the Minister addressed the question.