te Heuheu Georgina: Maori Trustee Amendment Bill — In Committee 
te Heuheu Georgina: Maori Trustee Amendment Bill — In Committee 
[Volume:653;Page:2768] 
Hon GEORGINA TE HEUHEU (Associate Minister of Maori Affairs) 
: 
 I will make a few observations particularly in relation to the matter raised by the Hon Nanaia Mahuta which my colleague the Hon Tau Henare also made some comment on. 
By way of a preliminary I thank the Maori Affairs Committee for its work. This bill is very important to the National Government. When National was in Opposition its members on the Maori Affairs Committee were very clear that they supported the setting up of the Maori Trustee as a separate organisation in order to make sure that it had independence. As has already been referred to by one of my colleagues National did not agree with what the Labour Government of the time tried to include in the original Maori Trustee and Maori Development Amendment Bill hence the split into the Maori Trustee Amendment Bill and the Maori Trustee and Maori Development Amendment Bill. When National was in Opposition it clearly did not support the original bill. There was no support for it and it was not raised in consultation with Maori at the number of hui that were held around the country. The setting up of the Maori Trustee as an independent organisation was supported but the other part of the bill was not. The select committee worked quite hard last year to make sure that when and if the bill emerged in the House again it would deal with the core issue which was to create the Maori Trustee as an independent organisation. 
Under current law the Maori Trustee is independent from the Crown but also it is an office conferred on an employee of Te Puni Kokiri. Under current arrangements there is potential for the perception of a conflict of interest; that matter has been raised by Maori over a long period of time. The setting up of the Maori Trustee as a stand-alone organisation will underline its independence as I have already said; there was broad support for this stand-alone Maori Trustee at consultation. Those are very important points and it was on the basis of those points that the National Opposition last year opposed the bill as it was originally brought to the House by the Labour Government. That is why we are very pleased to be here in the Chamber tonight in the Committee of the whole House and to see this bill as it is now—as the Maori Trustee Amendment Bill—progress through Parliament. 
I want to make some comments though; I think it is fair as the Hon Nanaia Mahuta raised the issue. One of the questions raised by the member was how the Maori Trustee is able to be removed from office. 
Hon Nanaia Mahuta 
: If they’re removed— 
Hon GEORGINA TE HEUHEU 
: Yes—what will happen if the Maori Trustee is removed from office? In that event—and we hope that it would never occur—grounds are set out. New section 6B(5) explains that the Minister of Maori Affairs may remove the Maori Trustee from office on the grounds of “(a) undischarged bankruptcy misconduct or neglect of duty; or “(b) inability to perform the functions and duties of the Maori Trustee.” We should be very clear that this threshold is very high—very high indeed—and is similar to the thresholds applying to the removal from office of the Auditor-General. The bill makes explicit the Minister’s requirement to observe the rules of natural justice—again that threshold is very high. The Minister must also publish any removal or suspension in the  
Gazette 
. 
The member asked who if by some unfortunate chance that event should occur will then take up the role. The Deputy Maori Trustee will if one is appointed by the Maori Trustee; the deputy will pick up delegated responsibilities. It would be very very unlikely that there would be no deputy in place. So that is the provision that deals with that issue. As I say I ask the Committee to note the high threshold for removal of the Maori Trustee. If the position is terminated by the Minister of Maori Affairs the Minister is also in a position to make a new appointment. Thank you.