1. Question No. 1—EnvironmentCHLÖE SWARBRICK (Green—Auckland Central) to the Minister for the EnvironmentORAL QUESTIONSQUESTIONS TO MINISTERSQuestion No. 1—Environment1. CHLÖE SWARBRICK (Green—Auckland Central) to the Minister for the Environment: Does he have confidence that the Resource Management Act 1991 functioned appropriately in relation to the consenting process for the Kennedy Point marina at Pūtiki Bay; if so why?Hon DAVID PARKER (Minister for the Environment): It is for the courts to decide whether the actions taken under the Resource Management Act (RMA) were done so appropriately. The RMA decision was made legally by the democratically elected council via their planning department and has been considered in appeals in the Environment Court the High Court and the Supreme Court.Chlöe Swarbrick: Will the Government's resource management reform address the systemic power imbalance between mana whenua and local communities on one side and developers on the other?Hon DAVID PARKER: To the extent that that relates to the primary question I'm not going to engage in that debate because those issues were no doubt traversed in the court decisions that considered the appeals and for reasons of comity I am not going to adjudicate on what they have.Chlöe Swarbrick: Does he think it acceptable that a development on Auckland's Hauraki Gulf that limits use and public access is allowed to affect the habitat of taonga kororā penguins that are sensitive to human activity; if so why?Hon DAVID PARKER: I've got great confidence that those very issues were considered by the consent authorities. I would note that while some in this House might desire that the executive rule by fiat I support the executive abiding by the rule of law.Dr Elizabeth Kerekere: Does he have confidence that allowing the development of Pūtiki upholds the Crown's obligations to Ngāti Paoa as mana whenua under Te Tiriti o Waitangi; and if so why?Hon DAVID PARKER: Again my opinion as Minister is irrelevant. I am bound by the rule of law.Dr Elizabeth Kerekere: Is he committed to ensuring that the framework for Ahu Moana areas announced yesterday in the Government's Revitalising the Gulf strategy enables true partnership with mana whenua to ensure coastal development accords with community and mana whenua needs; if so how?SPEAKER: Before I call the Minister to answer the question—because I'm not right across the documentation that was issued yesterday—I would like an assurance that there is a direct relationship between the question and the supplementary.Chlöe Swarbrick: The response to Sea Change Plan that report as released today was done in collaboration between the Minister and Dr Ayesha Verrall and their respective—SPEAKER: No no I certainly saw the press statements. The question is whether the primary question relates to that. It is a very narrow primary question.Chlöe Swarbrick: Yep and the primary question to that effect—under the Resource Management Act my understanding and our understanding is that consideration has to be given to mana whenua in particular. You may or may not be aware that there is currently—and the courts themselves have notified that there actually wasn't thorough consideration or consultation with both of the trust boards.SPEAKER: I'm going to ask Dr Kerekere to ask the supplementary question again and I'll make a decision.Dr Elizabeth Kerekere: Is he committed to ensuring that the framework for Ahu Moana areas announced yesterday in the Government's Revitalising the Gulf strategy enables true partnership with mana whenua to ensure coastal development accords with community and mana whenua needs; if so how?SPEAKER: Look I'll fall right on the outside line and allow the Minister to answer it. It is strictly speaking out of order but I'll ask the Minister to address it.Hon DAVID PARKER: Well I refer the member to my earlier answers and I don't think this supplementary really relates to them. But given that the question has been asked about Ahu Moana practices that are envisaged as part of the response on the Hauraki Gulf—what's envisaged there is that local communities who are facing pressures in respect of local fisheries depletion can work together to try and address those local fisheries depletions in a way that's difficult under the broader quota management system provisions.Chlöe Swarbrick: Will he or anybody else from the Government commit to visiting Pūtiki Bay to hear from uri o Ngāti Paoa and locals about long-held concerns with the proposed marine development?Hon DAVID PARKER: Well I've already met with representatives from them. I had a recent meeting that was held in Auckland. I've also been lobbied by people outside the launch of the revitalisation of the Gulf response. I'm well informed of these issues but I repeat I'm bound by the rule of law and a legal decision has been taken and has been appealed up through the courts and I think it is beholden on everyone in this Parliament to respect the judiciary and their decisions rather than to rule by executive fiat to overrule them.Chlöe Swarbrick: Point of order. The question to the Minister was whether he will commit to visiting Pūtiki Bay.SPEAKER: I thought meeting with" was the question asked originally.Chlöe Swarbrick: No Mr Speaker the question was: will he commit to visiting and speaking with those who are directly impacted?SPEAKER: Well and the Minister indicated that he had spoken with—so that question has not only been addressed it's been answered."