Sio William: Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill — In Committee 
Text is incorporated into the Bound Volume 
Sio William: Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill — In Committee 
[Sitting date: 26 February 2013. Volume:687;Page:8203. Text is incorporated into the Bound Volume.] 
Su’a WILLIAM SIO (Labour—Mangere) 
: 
 I am pleased to take a call on the Environment Canterbury (Temporary Commissioners and Improved Water Management) Amendment Bill. I thought it might be important for people to recognise that the bill before the Committee amends the original Act the Environment Canterbury (Temporary Commissioners and Improved Water Management) Act which this Government passed only in 2010. People may remember that through the original Act of 2010 essentially this Government empowered itself to remove the elected members of Environment Canterbury who were elected by the community at the time. This Government under that Act replaced those elected members by having seven Government-appointed commissioners. It also ought to be recognised that the reason that was argued by this Government in 2010 that gave rise to the original bill was that there were systemic and performance issues and concerns raised by Ngai Tahu in a report that was presented to this Government in February 2010 by the Rt Hon Wyatt Creech. People might recall that the Rt Hon Wyatt Creech is a former member of the National Government under Jenny Shipley. 
Hon Ruth Dyson 
: That’s right. Jenny Shipley from Mainzeal. 
Su’a WILLIAM SIO 
: That is right. So that was the background to the bill that we now have—the original Act. 
The bill before the Committee is to amend the original Act by—and there are a couple of issues that I suspect that people listening to the debate particularly people in the area of Canterbury will have some very very serious concerns about. This bill now delays the election for Environment Canterbury until 2016 with a review occurring next year despite the fact that the Government Minister then responsible for driving this bill the Hon Nick Smith had promised that the election would be held this year. I want to quote the Hon Dr Smith. His words: “whatever the circumstances the next regional council elections in Canterbury will take place no later than [the elections] scheduled for late 2013.” That was what was on the original bill. That 2013— 
Hon Ruth Dyson 
: Say that again. 
Su’a WILLIAM SIO 
: I will read it again for those members not listening to the quote. This is the Hon Dr Nick Smith. I want to quote him because these words are important because in this House we live and die by the words that we use. So as the Hon Dr Smith said: “whatever the circumstances the next regional council elections in Canterbury will take place no later than [the elections] scheduled for late 2013.” 
Hon Member 
: When did he say that? 
Su’a WILLIAM SIO 
: Well that is right. The reference is to this year. This is when we are supposed to according to the original Act call elections for the people of Canterbury. But the bill that is before the Committee again introduced by only—[ 
Interruption 
] The next election of regional councillors to Environment Canterbury’s governing body is to occur at the 2016 local authority elections. I put to you— 
Dr Rajen Prasad 
: Never-never land. 
Su’a WILLIAM SIO 
: Absolutely. Look irrespective of concerns raised irrespective of the issues that the mayors of the region have is this the way that we do things in New Zealand? Is this the kind of New Zealand that we have—that if we are not happy with officials elected by the local community democratically if we are not happy with their performance we simply remove them? Is this how we are going to do things under this Government by— 
H V Ross Robertson 
: Dictatorship. 
Su’a WILLIAM SIO 
: —dictating to the people? They were elected. They were elected by the community to do a job. Surely rightly or wrongly we should allow them to perform that job. But that is not so bad. The fact that a Minister of this Government promised that this year the people would be able to re-elect their representatives and now the Government is saying: “No. That’s not going to happen. People of Canterbury look you’re just going to have to wait until 2016”— 
Darien Fenton 
: Tough luck. 
Su’a WILLIAM SIO 
: Tough luck—absolutely. 
So we looked at the bill. I have to say with the greatest respect to the new Minister of Local Government the Hon Chris Tremain I think he has been handed an absolute shocker of a bill. The whole essence of this bill denies democratic rights that his Government promised the people of Canterbury they would receive this year in this election. So while the rest of New Zealand will be happily going about campaigning to elect good men and women to represent them in various local governments throughout the country the Government has decided: “No. People of Canterbury you are not good enough to elect your own officials.” That is the kind of message this bill says. 
I want to say that this is another broken promise by the John Key Government. Many will recall that in March 2010 Nick Smith was very clear when he said that “whatever the circumstances” the next Environment Canterbury election would be in 2013. That is just not going to happen because the bill says that 2016 is when the election is. But there is to be a review next year. Now people are asking: “Well what is that review about? If you are saying 2016 make it happen in 2016.” But I do not believe that the people of Canterbury will have any confidence whatsoever that this Government will keep its word. If it failed in keeping its word for 2013 and now it is saying “Yes 2016 but we’ll run a review first in 2014”— 
Hon Member 
: Maybe 2019. 
Su’a WILLIAM SIO 
: That is right. 
I want to quote some submissions on this bill that were provided by some very significant individuals. I think it is important that the new Minister takes note. The Beckenham Neighbourhood Association opposes this bill. The community law centre of Canterbury opposes this bill and it is recommending that the provisions relating to the cancellation of the 2013 election be removed. The Environment and Conservation Organisations of New Zealand oppose this bill. They believe that this bill will erode not only local communities’ right to elect their own but also their right to be able to take up issues with the Environment Court because the bill is saying that they can take redress only on matters of point of law. Well I think that if the new Minister would talk to the community law centre in Canterbury it would be well worth his time. 
The officials’ advice as I read says that the bill does not contravene the New Zealand Bill of Rights Act but a submission from the Human Rights Commission shows concern about the Act. It says that the way in which it was originally enacted and the intention to extend it contravene the New Zealand Bill of Rights Act 1990. I do not know how the new Minister views the officials’ advice the actions of former colleagues and how the people of Canterbury will receive this bill but I want to say that the essence of what the community is saying is that it opposes the thrust and advance by this Government to continue postponing its democratic right to elect its local government representatives. I believe that the new Minister who hails from the Hastings area and has a good relationship with local government would have heard from local government there that there is no way they would accept him saying in respect of their issues of performance that the Government was going to appoint commissioners and replace elected officials. I would ask on what basis the Minister has decided to ram-shot this bill—[ 
Interruption 
] Well yes—ram it. 
Hon Member 
: What do you mean ram it? 
Su’a WILLIAM SIO 
: Well because the Minister is not giving the people of Canterbury their right to choose. The Minister is not giving the people of Canterbury their freedom to be able to elect their own representatives. The Minister is not giving them a choice whatsoever.