9. Question No. 9—RMA ReformHon JAMES SHAW (Co-Leader—Green) to the Minister responsible for RMA ReformQuestion No. 9—RMA Reform9. Hon JAMES SHAW (Co-Leader—Green) to the Minister responsible for RMA Reform: Does he have confidence that the proposed approach to fast-track consenting will protect due process for the consideration of environmental effects?Hon CHRIS BISHOP (Minister responsible for RMA Reform): Yes.Hon James Shaw: Will he rule out including any projects that have already been considered and declined on environmental grounds such as the Hananui open ocean salmon farm?Hon CHRIS BISHOP: No.Hon James Shaw: Is he aware that when the panel declined the Hananui salmon farm they found that there was a risk that even a small change in their population could have irreversible and catastrophic effects" on the survival of critically endangered hoiho / yellow-eyed penguin in the area?Hon CHRIS BISHOP: I haven't read the decision of the panel in relation to that particular project but what I would say in a more general sense is that it is possible to have environmental conditions proposed on projects that mitigate and remedy the environmental effects of a variety of projects including for example renewable energy projects that will help decarbonise the economy and grow the economy at the same time and I would have thought the member would be in favour of such projects.Hon James Shaw: If a project that has been previously declined on environmental grounds by an independent panel is authorised by this legislation and then leads to the functional extinction of a species like the hoiho / yellow-eyed penguin will that Minister take responsibility?Hon CHRIS BISHOP: Well the member is asking hypothetical questions. I just haven't ruled out the premise of his original question. Decisions around the precise pathway for projects that will be referred are the subject of discussions right now as we work through the process of getting the bill ready for introduction within the hundred days. And once the bill is ready to go and it's gone through Cabinet and presented to the House he'll have a good chance to have a look at it as will a select committee.Hon James Shaw: Can he confirm the Hon Shane Jones' comments to an energy breakfast this morning that under the new regime "Permits will be granted by politicians"?Hon CHRIS BISHOP: Yes in the sense that Ministers will be able to refer projects. There will be two pathways. One will be there will be a range of projects listed in the legislation and then the second pathway will be upon application to the Government Ministers will be able to refer projects to an expert consenting panel. This is not new by the way because the COVID fast-track legislation also listed projects in the legislation and also set up a process for Ministers to refer projects to an expert consenting panel. So this is not particularly new; this is the existing law. So in that sense Ministers will be able to refer projects to panels who will then set the conditions upon which those projects will take place.Hon James Shaw: Will he now seek assurances that all Ministers are fully meeting their conflict of interest disclosure obligations under the Cabinet Manual as he described yesterday in relation to decision making on potential projects; and if so will he also commit to ensuring that no listed projects are connected to people or companies that have made substantial donations to coalition parties?Hon CHRIS BISHOP: Well matters for the Cabinet Manual as the member well knows are matters for the Prime Minister but I think I would be right in saying that the Prime Minister expects all Ministers to uphold the principles and the text of the Cabinet Manual.Rt Hon Winston Peters: Point of order Speaker. That question might have sounded innocent but like the others that that member has asked insinuating that there should be and the Minister should be looking out for a conflict of interest that is outside our electorate laws is I think out of order. More importantly if I hear that one more time we're going to talk about people's qualifications at university.Hon James Shaw: Speaking to the point of order Mr Speaker—[Interruption]—speaking to the point of order Mr Speaker—whilst methinks that the Acting Prime Minister does protest too much—SPEAKER: Well that's irrelevant. What is your point?Hon James Shaw: My point is I made no such insinuation. I was merely asking the Minister if he was going to ensure as part of the process of putting together the bill that there were steps being taken on due diligence to potential or perceived connections—SPEAKER: Yep—we heard the question.Hon James Shaw: —sorry I haven't—because of the significant concentration of ministerial power on consenting decisions in this regime. And it is one of the first duties of this House to ensure that the executive is being accountable for their actions and in this case there is extraordinary concentration of ministerial power in this bill. So I think it does warrant the House's attention on issues like whether the Cabinet Manual is being observed?SPEAKER: And you've got an answer that I think was more than satisfactory from the Minister.Hon James Shaw: That's true but the Deputy Prime Minister raises—SPEAKER: No that's irrelevant. There's no acceptance one way or the other."