Key John: Questions for Oral Answer — Questions to Ministers 
Key John: Questions for Oral Answer — Questions to Ministers 
[Volume:620;Page:15749] 
10.  
JOHN KEY (National—Helensville) 
 to the  
Associate Minister for the Environment 
: Will his proposed changes to the Resource Management Act 1991 ensure that Maori New Zealanders have no extra rights than non-Maori New Zealanders with respect to the application of that Act; if not why not? 
Hon DAVID BENSON-POPE (Associate Minister for the Environment) 
: 
 The comprehensive package of improvements to the Resource Management Act has sought to clarify the rights established by the National Party Government in the 1991 Act. 
John Key 
: Does the Minister agree that by creating a direct reference to iwi co-management in legislation he is explicitly asserting that Maori do have special rights and privileges; if not why not? 
Hon DAVID BENSON-POPE 
: The Act is silent as to how decision makers should give effect to the principles of the treaty but the proposed changes are to improve the quality of engagement with iwi authorities at the front end of the planning process. In terms of resource consents iwi will have the same opportunities to participate in the consent process as any other person affected by an activity. 
Dr Ashraf Choudhary 
: How has the Government proposed to improve clarity on consultation obligations of local authorities iwi and applicants? 
Hon DAVID BENSON-POPE 
: Local authorities will be required to keep a register of iwi authorities prepared by Te PuniKokiri. In terms of resource consents iwi will have the same opportunities to participate as any other person affected by an activity. Local authorities will be required only to undertake reasonable endeavours to consult with iwi authorities or other parties. 
Jeanette Fitzsimons 
: Has the Minister seen research by the International Global Change Institute which found: “Most district plans had very limited reference to or content associated with issues of importance to Maori or iwi.” and can he confirm that nothing in his proposals will improve that situation? 
Hon DAVID BENSON-POPE 
: No I have not seen that document and I would be grateful if the questioner would provide me with a copy. I can say that I am very heartened by the development as shown in the recent report from Local Government New Zealand of much more extensive relationships with iwi in their localities. 
Gordon Copeland 
: Is the Minister aware that I have written a letter to him pointing out it is impossible for our courts to interpret the metaphysical as evidenced by the Tongariro power decision and suggesting that the Resource Management Act clarify that physical rather than metaphysical matters should be taken into account; and will he give that idea his consideration? 
Hon DAVID BENSON-POPE 
: No I am not aware of that letter; I have not received it to date. I can say that I think most New Zealanders would never consider building a motorway for example through a cemetery without consulting affected people nor would we allow a development to run through an ancient archaeological site. I think most New Zealanders would agree that it is appropriate to consider spiritual and metaphysical matters as part of a consent process. 
John Key 
: If Maori are not getting extra rights as a result of his proposed amendments what did he mean yesterday when he said: “Councils will involve iwi in developing policy.”; and rather than solving any issues in this area has he not just perpetuated them by putting them in statute? 
Hon DAVID BENSON-POPE 
: No anyone can be involved in policy development. 
John Key 
: Has Te PuniKokiri compiled the theoretical list of Maori with tangata whenua status along with the relevant people whom councils will need to consult; if so when will councils around New Zealand get to see that list? 
Hon DAVID BENSON-POPE 
: I have no idea. 
Stephen Franks 
: Has Minister Mallard reviewed this policy to ascertain whether the Maori privileges relate to a need or are simply a race privilege; if not why not? 
Mr SPEAKER 
: That is a question for the Hon Trevor Mallard. I would like the member to bring his question into the responsibility of the Hon David Benson-Pope. The way that the member has asked the question is not in order. 
Stephen Franks 
: Has the Minister obtained advice from the Hon Trevor Mallard in terms of his performing his duty to review all Government programmes to ascertain whether they represent a response to a need or are simply a race privilege; if so what is the nature of that advice? 
Hon DAVID BENSON-POPE 
: No. I do not believe such advice is necessary on this matter. 
John Key 
: I seek leave to table yesterday’s document about improving the Resource Management Act which quite clearly states that the difficulties in solving these issues require the identification of local Maori with tangata whenua status and that this job will be completed by Te PuniKokiri and given to councils in New Zealand. 
Document by leave laid on the Table of the House.