Potaka Tama; Brooking RachelTAMA POTAKA (National—Hamilton West): Thank you Mr Chair. Just in the vein of the discussions that have been flowing through the vessels of both Mr Court and Mr Simpson two issues in relation to clause 4 the first one being that the way that it's worded says give effect to the principles of te Tiriti o Waitangi." I just wanted to get some clarity whether or not there is the same interpretation given to that as section 4 of the Conservation Act which refers to the Treaty of Waitangi or if there's something different—if we're incorporating the contra proferentem rule or something of that nature—so we have some clarity around that. That would be very helpful.The second thing is that section 4 of the Conservation Act which this nearly mirrors was subject to the significant Supreme Court decision and coupled with a relationship agreement with a specific example in the Hauraki Gulf and Motutapu Island and the Ngāi Tai v Department of Conservation case. What emanated from that decision and that set of relationships was actually quite a very compromised manner in which the parties tried to do things but essentially could not get things done together—the conservation department and the tribe involved in that particular decision. The concern that I have is that again we've created something in writing but there's no real legislative guidance as to how that would be implemented. So two questions. Thank you.Hon RACHEL BROOKING (Associate Minister for the Environment): I'm answering those three questions sort of together in terms of from Simon Court the Hon Scott Simpson and the last speaker there Tama Potaka. Some of the questions I think both from Simon Court and Scott Simpson were around you know what does this change mean in clause 4? Of course it is a strengthening and that was a very deliberate decision and there's also other mechanisms in the bill to help strengthen what was in the Resource Management Act (RMA). So the other changes go to the people who will be sitting on the regional planning committees the strengthening of the Mana Whakahono ā Rohe and of course the creation of the National Māori Entity as a monitoring device. So those different measures support the strengthening of the Treaty clause. And the way the RMA clause is written—for many years there were no cases whereby a decision was made that something could or couldn't happen because of the Treaty principles or in fact the stronger words in the RMA at section 6(e) or section 7(a) kaitiakitanga. So those are all differences.The Hon Scott Simpson asked why not use the word "implement". Of course as the last speaker just said the Conservation Act does use these words "give effect to" and that is a known phrase. I acknowledge the Ngāi Tai decision and what that means in terms of the Conservation Act. But it is also the point that we want it to be stronger and this is a stronger clause.In terms of the definition Te Titiri is defined and it refers back to section 2 of the Treaty of Waitangi Act 1975. So it's certainly not meant to be any change there in the substantive meaning of what the Treaty is; it's just to reflect the language that is currently more commonplace."