Shearer David: Questions for Oral Answer — Questions to Ministers 
Text is incorporated into the Bound Volume 
Shearer David: Questions for Oral Answer — Questions to Ministers 
[Sitting date: 01 May 2012. Volume:679;Page:1768. Text is incorporated into the Bound Volume.] 
2. 
DAVID SHEARER (Leader of the Opposition) 
 to the  
Prime Minister 
: What assurances if any has he directly received from Hon John Banks regarding donations he received for his political campaigns and when did he receive those assurances? 
Rt Hon JOHN KEY (Prime Minister) 
: 
 On Saturday my chief of staff spoke with the Hon John Banks and sought an assurance from him that he had fully complied with the requirements of the Local Electoral Act in respect of donations. Mr Banks gave his assurance during the phone call and stated that he was not aware that Mr Dotcom had made the donation to his mayoral campaign. 
David Shearer 
: Why did he accept John Banks’ word without personally speaking to him? 
Rt Hon JOHN KEY 
: Because the standard practice is when my chief of staff speaks to someone they speak for me.  
David Shearer 
: Over a cup of tea indeed. Does he stand by his statement—[ 
Interruption 
] 
Mr DEPUTY SPEAKER 
: Order! I would like to hear the question even if no one else does. Could we have a bit more order please. 
David Shearer 
: Does he stand by his statement: “There is quite a wide definition of ethics … The test I have to apply is the law.”; and if so is he intending to rewrite the  
Cabinet Manual 
? 
Rt Hon JOHN KEY 
: In answer to the first part yes. 
David Shearer 
: Does he stand by another of his statements: “The issue has never been one of legality as much as ethics. The criminal code is the bare minimum standards for society. For MPs we expect behaviour well beyond that.”; and if so how is he applying that standard to John Banks? 
Rt Hon JOHN KEY 
: Yes. The test is whether the Minister correctly applied and did everything in accordance with the law. I have received an assurance he did. 
David Shearer 
: Does the fact that grossly unethical behaviour took place in a mayoral election make the perpetrator acceptable as a Minister in his Government? 
Rt Hon JOHN KEY 
: I have no ministerial responsibility for that. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. The Prime Minister is the only person with ministerial responsibility for which Ministers are in his Government. For him to say he has no ministerial responsibility for John Banks being a Minister is absolutely wrong and he should not mislead the Parliament. 
Mr DEPUTY SPEAKER 
: In fact that is not what the Prime Minister said: he had no responsibility for the matter that the Leader of the Opposition raised in relation to a mayoral election. On that point the point of order is not upheld. 
Rt Hon Winston Peters 
: Has the Prime Minister asked John Banks why there are serious discrepancies between Kim Dotcom’s version of events and Mr Banks’ own version; if not why not? 
Rt Hon JOHN KEY 
: No and if I could borrow the member’s sign it would be most appreciated. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. How does that answer the question when he is allowed to finish off that way? Because if we in any way infer such behaviour—particularly from that recluse from Merrill Lynch given its disgraceful international record—then we are criticised by the Speaker. We can have one rule for everybody in this House which is what the whole issue is about when it comes to ethics and standards about which he claimed to be the paragon. 
Mr DEPUTY SPEAKER 
: The member lost ground in the manner in which he raised his point of order— 
Rt Hon Winston Peters 
: Well what about him? 
Mr DEPUTY SPEAKER 
: Order! I am on my feet. Quite clearly the Prime Minister has responsibility for confidence in his Ministers. In relation to matters pertaining to a mayoral election he has no responsibility. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. I think both members have asked questions as to whether someone who has shown a low level of ethics in a mayoral election should be eligible to be a Minister in that Cabinet. That is the question. John Key has clearly said that he has but he can be questioned on that. 
Mr DEPUTY SPEAKER 
: Well the member is asserting a certain level of ethics upon which the Speaker—it is not his role to judge on that matter. If the member wants to ask questions of the Prime Minister in relation to confidence that is how he should direct the questions and not make assertions about a level of ethics. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. There is growing concern in this House from some of us in respect of such a ruling. He was not asked about ethics. He was asked whether he has spoken to Mr Banks about the serious discrepancies between his story and that of Kim Dotcom. So why are you imputing into this debate anything other than that which he was asked as the Prime Minister to answer in this House? Simply it is beyond reason that a Prime Minister would not have asked such a question in the first place.  
Hon Anne Tolley 
: Actually accepting what the honourable member has just said I heard the Prime Minister very clearly say “No”.  
Rt Hon Winston Peters 
: That was not my point with respect. My point to you as Speaker was why you were imputing ethics into the question when no such issue was raised in the question in the first place. I invite that member to listen for a change.  
Mr DEPUTY SPEAKER 
: With regard to the supplementary question the Prime Minister was asked whether he could confirm something. His simple response was “No” and in that respect he answered the question.  
David Shearer 
: For how long is he prepared to allow John Banks to remain a Minister while he is being investigated by the police for electoral fraud?  
Rt Hon JOHN KEY 
: For as long as he enjoys my confidence.  
David Shearer 
: Does he find it credible that one of his Ministers cannot remember a private helicopter ride to the largest mansion in Auckland and is it acceptable that someone with such poor memory should be a Minister in his Government?  
Rt Hon JOHN KEY 
: I have no ministerial responsibility for the first part.