Brownlee Gerry: Questions for Oral Answer — Questions to Ministers Questions to Members 
Brownlee Gerry: Questions for Oral Answer — Questions to Ministers Questions to Members 
[Volume:612;Page:9261] 
9.  
GERRY BROWNLEE (National—Ilam) 
 to the  
Minister for State Owned Enterprises 
: Is he satisfied that Meridian Energy Ltd has behaved within the spirit of the Resource Management Act throughout the resource consent process for Project Aqua; if so why? 
Hon MARK BURTON (Minister for State Owned Enterprises) 
: 
 Yes because I am advised that Meridian Energy has been acting within the provisions and principles of the Resource Management Act throughout the consent process for Project Aqua. 
Gerry Brownlee 
: Is the Minister aware that Meridian Energy is currently engaged in a process of “cash for consent” deals with affected parties on the Waitaki scheme; and does he approve of a State-owned enterprise using taxpayers’ money to bribe its way through the consent process of an Act that the Government consistently refuses to change? 
Hon MARK BURTON 
: I certainly am not aware of that. If the member has any actual evidence he should provide it and I assure him I will investigate it. I am aware that Meridian Energy is using a process prescribed by the Act to avoid remedy or mitigate any adverse effects of its activity. It is legitimately engaged in that process. All the information I have received indicates that it is entirely appropriate but if as I say the member has any evidence of wrongdoing he should provide it immediately. 
Gerrard Eckhoff 
: How is the spirit and intention of the Resource Management Act—which is to mitigate against environmental effects—helped by chequebook environmentalism exampled by the payment by Contact Energy of $1.5 million to Ngai Tahu to withdraw objections to the issuing of water rights on the Clutha River; and can the Minister assure the House that such practices which border on extortion will not occur by any State-owned enterprise such as Meridian Energy especially in relation to Project Aqua? 
Hon MARK BURTON 
: Firstly as Contact Energy is a private company I have absolutely no responsibility for it. I can assure the member that the expectation of the Government is that any State-owned enterprise including Meridian Energy will act in a totally lawful and appropriate manner. I have no evidence to suggest that it is doing anything but that. 
Jeanette Fitzsimons 
: Has the Minister seen reports that Meridian Energy is threatening to pull out of Project Aqua if it does not like the new processes for water allocation on the Waitaki or the new processes for approval of Government-supported major projects; and will he assure the House that special fast-tracking will not be given to Meridian Energy in response to this threat? 
Hon MARK BURTON 
: Yes I have seen those reports and I am not a consenting authority. 
Gerry Brownlee 
: In light of the Minister’s previous answers would he consider it appropriate for Meridian Energy to be making payments to people that it deems affected on the basis that the receipt of those payments will mean those people no longer object to the project; is that appropriate and is it within the spirit of the Resource Management Act? 
Hon MARK BURTON 
: It is entirely within the spirit of the Resource Management Act for a party undertaking a major project to provide for mitigation. It is a requirement indeed and mitigation sometimes involves the putting right of an impact or an effect of the project. If that is what is engaged that is appropriate. 
Gerry Brownlee 
: Can the Minister tell us whether he considers a solatium payment—if he knows the meaning of that term—[ 
Interruption 
] I am prepared to help him. 
Mr SPEAKER 
: The member did not need to put that comment in his question. He just asks the question without that sort of embellishment. Please ask the question. 
Gerry Brownlee 
: I raise a point of order Mr Speaker. I do not appreciate being flicked for making a comment back in a question when a Minister on the front bench of the Government feeling a certain amount of sensitivity decides to object in the face of a ruling you have made twice today. 
Hon Dr Michael Cullen 
: When a person asking a question chooses to make an unnecessary and offensive remark he is inviting an interjection at that point. 
Mr SPEAKER 
: Yes he is inviting an interjection and members are not supposed to make the interjection but the member is not supposed to make the offensive comment. Will the member now ask the question. 
GERRY BROWNLEE 
: Would the Minister consider the making of a solatium payment to those deemed to be affected with the further proviso that should they like to seek legal advice that will be paid for; then further advice that if they should decide to sign away their objection rights a further cash payment will be made to them; and how can it be said that Meridian Energy is working within the spirit of the Resource Management Act when it is simply engaging in an exercise of chequebook environmentalism—cash for consents? 
Hon MARK BURTON 
: Again the member makes an accusation that is not sustained by the facts. I will concede that the wording in this particular article is potentially misleading. As I am advised the solatium payments are made when and where there is a direct effect such as noise or dust or dirt and when it affects the property right of some individual. That is a resolution of that. In terms of the reimbursement of a legal fee that is an entirely reasonable proposition if it is for a cost incurred by parties looking at whether they do indeed have an impact. It is simply a reimbursement of a cost they would not otherwise receive. Thirdly the payment of the nominal fee is not “as well as” as it is listed in here and I agree that that is where the ambiguity rests in the newspaper. But the payment of a nominal fee is to those who perhaps consider the proposition and turn it down. That would be the only fee they receive. It is simply for the time they put into the consideration. That is all. 
Gerry Brownlee 
: I seek leave to notify the House that Meridian Energy has a budget of $50 million for this work. Further I seek leave to table the Meridian Energy document. 
Mr SPEAKER 
: The member can seek leave to table the document. 
Document by leave laid on the Table of the House. 
Gerry Brownlee 
: Can I not seek leave to advise the House about the $50 million slush fund? 
Mr SPEAKER 
: No. That is not within the seeking of leave. But it was a good try and it is Thursday afternoon.