Hughes Gareth: Questions for Oral Answer — Questions to Ministers 
Hughes Gareth: Questions for Oral Answer — Questions to Ministers 
[Volume:661;Page:9459] 
12. 
GARETH HUGHES (Green) 
 to the  
Minister of Foreign Affairs 
: Will he call on the Japanese Government to release New Zealand citizen Peter Bethune of the Sea Shepherd Conservation Society? 
Hon MURRAY McCULLY (Minister of Foreign Affairs) 
: 
 When Mr Bethune stepped aboard the  
Shonan Maru 2 
 he rendered himself liable to Japanese legal jurisdiction as a consequence of the United Nations Convention on the Law of the Sea. That convention recognises that vessels on the high seas are under the exclusive jurisdiction of the flag State of the vessel. The New Zealand Government naturally hopes the Japanese authorities will release Mr Bethune. However we accept that he has been charged with trespass and this matter needs to be resolved by the Japanese judicial system. The New Zealand Embassy in Tokyo is giving Mr Bethune the consular assistance that any New Zealand citizen can expect in such circumstances. But just as New Zealand’s judicial system operates independently of all outside direction we cannot seek to interfere in the judicial processes of another country. 
Gareth Hughes 
: If diplomacy is this Government’s preferred tool of engagement on the whaling issue why does he not use it to assist the release of New Zealander Peter Bethune? 
Hon MURRAY McCULLY 
: I have made it very clear on behalf of the Government that the New Zealand Government will provide all consular assistance to Mr Bethune that is appropriate in the circumstances. I tell the member that I have taken up the matter directly with the Japanese ambassador and I am satisfied that as a consequence the Japanese authorities are providing every cooperation with our embassy staff in Tokyo. 
Hon Chris Carter 
: Why has he not considered this issue important enough to contact personally the Japanese Minister for Foreign Affairs Katsuya Okada to try to resolve it? 
Hon MURRAY McCULLY 
: I advise that member that I have in fact had a telephone discussion with Minister Okada and I have arranged to have such further telephone conversations with Minister Okada as are required to try to resolve these matters. 
Gareth Hughes 
: What political action would the Government support New Zealanders taking to uphold the ban on commercial whaling? 
Hon MURRAY McCULLY 
: That is a question for the judgment of individuals but the New Zealand Government has made it very clear that it expects its citizens and New Zealand - flagged vessels to uphold the laws of the sea and to ensure that they have proper regard for the safety of others in the vicinity. 
Metiria Turei 
: I seek leave to table a copy of the Maritime Crimes Act 1999 particularly section 8 of that Act which imports the Rome Convention into New Zealand law suggesting that Peter Bethune was acting lawfully in boarding the Japanese ship to arrest the captain— 
Mr SPEAKER 
: Leave is sought— 
Metiria Turei 
: —because of the destruction of the— 
Mr SPEAKER 
: The member will resume her seat immediately. She cannot raise a point of order to seek leave to table a document and then use it to argue a case which she was just doing. That is totally outside the Standing Orders. Leave has been sought to table that document. Is there any objection? There is objection.