Parker David: Questions for Oral Answer — Questions to Ministers Questions to Members 
Parker David: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Volume:670;Page:17041] 
6. 
Hon DAVID PARKER (Labour) 
 to the  
Attorney-General 
: Is it his intention to further progress the Marine and Coastal Area (Takutai Moana) Bill this week? 
Hon CHRISTOPHER FINLAYSON (Attorney-General) 
: 
 My intentions are irrelevant. It is the Government’s intention that matters. The bill—[ 
Interruption 
] 
Hon David Parker 
: I raise a point of order Mr Speaker. [ 
Interruption 
] 
Mr SPEAKER 
: A point of order has been called. 
Hon David Parker 
: My point of order is that the Standing Orders prevent me from asking questions of the Government and allow me only to ask questions of Ministers. 
Mr SPEAKER 
: I hear what the member is saying but when I saw this question my immediate reaction was that there were plenty of outs in it for the Minister because a single Minister does not determine the Order Paper of this House. If the member had worded his question slightly differently he would have I think avoided this. There are a couple of questions on today’s Order Paper— 
Hon Member 
: It’s up to the Clerk. 
Mr SPEAKER 
: —where I would suggest members need to give some thought to the wording. It is not the Clerk’s responsibility. 
Hon David Parker 
: Then it’s in order. 
Mr SPEAKER 
: I am not saying that the question is not in order; the question is in order. It is just that the wording of the question leaves the Minister able to give the kind of answer he did. I invite the member to think about his question. It is very easy to see how it could have been reworded to actually make what the member was seeking less easy to avoid. There are two questions on today’s Order Paper that struck me immediately. They are badly worded. It is not the Clerk’s responsibility. They are in order. It is not the Clerk’s responsibility to help members get their questions better. But the Minister— 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. Numerous Speakers have ruled that any Minister can speak on behalf of the Government and they are— 
Mr SPEAKER 
: The member will resume his seat please. That is not the issue. And the member is debating an issue. It is just that this particular question from the way it is worded asks “Is it his intention to further progress” the bill. A Minister cannot determine whether a bill is further progressed. Wording that would have worked far better would have been “Is it his intention that the bill should be further progressed this week?”. I invite members to think about—[ 
Interruption 
] The member may react like that but Ministers are perfectly at liberty to look at the wording of a question and to answer the question in terms of the way it is worded. Think about how questions are asked. As I say two on today’s Order Paper are carelessly worded. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. And despite what some people think you know that I do not like debating these. That Minister said: “It is not a matter for me but for the Government.” He is speaking for the Government— 
Mr SPEAKER 
: That Minister is not responsible for the order of business in the House. That is a matter for the Leader of the House and not for that Minister. [ 
Interruption 
] When I am on my feet the members will not carry on like that. That is something that is very clear and the Minister I am sure will give some kind of answer if members will only let him. But it was very clear to me from the way that question was worded that this problem would emerge. 
Hon CHRISTOPHER FINLAYSON 
: I was going on to say before I was interrupted that the bill is not on the Order Paper for today as it is members’ day. If the member wants to know how the bill will proceed I suggest he speak to the Leader of the House who has responsibility for House business. It is quite simple. 
Hon David Parker 
: Will the Attorney-General recommend to the Government that it refer his 73-page Supplementary Order Paper which was tabled just today and which is two-thirds of the length of the original bill to the Maori Affairs Committee for public submissions before advancing the bill in this House? 
Hon CHRISTOPHER FINLAYSON 
: No. 
Hon David Parker 
: Will he at least refer the 73-page Supplementary Order Paper to the committee for consideration by the committee even if he will not allow public input? 
Hon CHRISTOPHER FINLAYSON 
: No. 
Hon David Parker 
: Will the Attorney-General table in the House the legal advice about the effect of the crucial threshold test for the establishment of a customary marine title including analysis of the proportion of New Zealand’s foreshore and seabed that is expected to be met by that threshold test and comparisons with tests for customary title applied overseas in places like Canada and Australia or does he want us to continue to do this blindfolded? 
Hon CHRISTOPHER FINLAYSON 
: No. I follow the practice established by Dr Cullen about making legal advice available.