Nash Stuart: Marine and Coastal Area (Takutai Moana) Bill — In Committee Speaker Recalled In Committee 
Nash Stuart: Marine and Coastal Area (Takutai Moana) Bill — In Committee Speaker Recalled In Committee 
[Volume:670;Page:17223] 
STUART NASH (Labour) 
: 
 My colleague David Shearer has spoken about clause 8 of the Marine and Coastal Area (Takutai Moana) Bill and I will talk about clause 9. It deals with the meaning of “deemed accommodated activity” as opposed to “accommodated activity”. I do not quite understand a few of the words. I hope the Minister in the chair the Attorney-General will provide me with a couple of definitions. 
In subclause (1) “deemed accommodated activity means … a nationally or regionally significant structure or infrastructure”. I am quite keen to understand what defines a “nationally significant structure or infrastructure” and a “regionally significant structure or infrastructure”. What does that mean? Is it a simple road or are we talking about a bridge or jetty? “Significant” is quite a wide term and everyone will be aware that what is significant to one person is not necessarily significant to someone else. Subclause (1)(a) introduces a word that is so subjective I would argue as to be almost meaningless. I can see this process being tied up in the courts for quite a long time arguing that very point: what is “significant”? 
I turn to schedule 1 “Process by which certain new activities in customary marine title area become deemed accommodated activities”. For example clause 1 of Part 1 of schedule 1 states: “Prior to the application under the Resource Management Act 1991 for any resource consents for new nationally or regionally significant structures or infrastructure in a customary marine title area the proposed structure or infrastructure may become a deemed accommodated matter in accordance with this Part.” 
Schedule 1 lists the process under which something becomes a deemed accommodated activity. It is quite complicated and clause 4 of Part 1 of schedule 1 goes from the ridiculous to the sublime. It states: “Upon receipt of an application under clause 3 … the Minister must consider and decide to—(a) seek more information from the applicant; or (b) decline the application on the basis that insufficient information has been provided or the proposed structure or infrastructure does not meet all or any of the requirements and criteria set out … ; or (c) make an initial decision on whether there is sufficient information to demonstrate that all of those requirements and criteria have been adequately addressed.” 
If one is applying for something to be a deemed accommodated activity one has to satisfy seven different tests. Even then the Minister may say that a little bit more information is needed or that not enough information has been provided. The Minister may just make an initial decision on whether there is enough information. I can see this process being tied up for a long time in the courts. 
Hon Shane Jones 
: Litigation. 
STUART NASH 
: Mr Jones has hit the nail on the head. Members know who will get wealthy from this legislation. An army of lawyers will argue the definition of “significant”. 
As I said clause 1 of Part 1 of schedule 1 talks about new nationally or regionally significant structure or infrastructure. What about a jetty that is falling down? I can think of several around the place that are unsafe. If they were done up they could become nationally or regionally significant structures or infrastructure. Does that mean if it is not new one does not need to go through this whole process? It is like doing up an old vintage car: all we need is the vehicle identification number. We can change the whole car yet the car is a vintage if it has that number. We could plant a 150-year-old bit of wood in the sand and say that we do not need to go through the whole process because the wood was not a new structure or infrastructure in terms of schedule 1. 
Again I come back to what is meant by “significant”. I cannot make that call and I do not think anyone can but I tell members who will be able to make that call. A District Court judge will make the call on what constitutes “significant”.