Smith Nick: Questions for Oral Answer — Questions to Ministers 
Smith Nick: Questions for Oral Answer — Questions to Ministers 
[Volume:623;Page:18326] 
10.  
Hon Dr NICK SMITH (National—Nelson) 
 to the  
Minister of Police 
: Why were Nelson police over the Christmas holiday period reportedly prepared to order people from the Wakapuaka Estuary at the request of iwi and issue trespass notices against people who used the estuary when the Prime Minister last year said that the Government’s foreshore and seabed policy guarantees access to the foreshore and seabed for all New Zealanders? 
Hon GEORGE HAWKINS (Minister of Police) 
: 
 The police have advised me that they followed standard practice in giving advice to the owners of the estuary on the correct legal form of any trespass notices that may be issued. I am further advised that at this point in time the police have not had to become involved in any issues over the issuing of trespass notices. 
Hon Dr Nick Smith 
: Why did Nelson’s area commander threaten to issue a trespass notice against any member of the public who went on to that large estuary north of Nelson when iwi do not have title; and is this not another example of the police having two different standards of citizenship? 
Hon GEORGE HAWKINS 
: The answer to the second part of the question is no. As far as the ownership of that land is concerned I believe that it is before the High Court and there will be a chambers hearing later this month. 
Hon Dr Nick Smith 
: Can the Minister explain why when Land Information New Zealand has said that iwi do not have title to this land and when the title from Land 
online 
 shows that iwi do not have title to the land the police stated on the front page of my newspaper that any person who went there would risk receiving a trespass notice from them? 
Hon GEORGE HAWKINS 
: I think the ownership of the land is being contested. The police also have regard to the occupiers of the land as many people do have rights under the trespass laws. 
Hon Dr Nick Smith 
: Can the Minister give an assurance to this House that the threat by the commander of police in Nelson to prosecute people for trespass if they go on to this area of foreshore has been withdrawn; if not why not? 
Hon GEORGE HAWKINS 
: I do not interfere with the operational matters of the New Zealand Police and that member knows that very well. He makes a good story for his local paper but of course there is no direct quotation in that paper to say that Mr McGurk actually said that. There was a meeting between the iwi the local council and the police to try to solve a situation that could have brought about a breach of the peace. 
Hon Dr Nick Smith 
: In light of the statement from the Minister of Police I seek leave to table the statement made by district acting area commander Brian McGurk who said that police would issue trespass notices on behalf of iwi against people who used the estuary as stated in an article under the headline: “Police offer to issue trespass notices.” 
Mr SPEAKER 
: Leave is sought to table that document. Is there any objection? There is. 
Hon Dr Nick Smith 
: I seek leave to table the report by Land Information New Zealand the title from Land 
online 
 and the original titles from the 1800s that clearly show that iwi do not have title to this area. 
Mr SPEAKER 
: Leave is sought to table those documents. Is there any objection? There is.