Brash Don: Questions for Oral Answer — Questions to Ministers 
Brash Don: Questions for Oral Answer — Questions to Ministers 
[Volume:625;Page:20146] 
2.  
Dr DON BRASH (Leader of the Opposition) 
 to the  
Prime Minister 
: On what specific dates in 1999 and 2000 did she speak with the  
Sunday Star-Times 
 regarding the actions of then Police Commissioner Peter Doone during a traffic incident in November 1999 and for what purpose did she have those discussions? 
Rt Hon HELEN CLARK (Prime Minister) 
: 
 I cannot recall specific dates from over 5 years ago. I would have answered questions put to me by the  
Sunday Star-Times 
 as is my normal practice. 
Dr Don Brash 
: Does the Prime Minister or anyone on her behalf hold copies of the transcripts of telephone conversations she had with the  
Sunday Star-Times 
; if so will she authorise their release and that of her brief of evidence on the matter? 
Rt Hon HELEN CLARK 
: Journalists’ notes of some conversations but not all have been made available. Given that we are told that further litigation is pending I do not think it would be wise to release them. 
Rodney Hide 
: Has she seen the transcripts of her conversations with the  
Sunday Star-Times 
’ 
reporter and editor; if not has she asked her lawyer whether he has seen the transcripts? 
Rt Hon HELEN CLARK 
: I have seen journalists’ notes of some conversations but not of all. 
Rodney Hide 
: I raise a point of order Madam Speaker. My question also asked the Prime Minister whether she had asked her lawyer if he had seen the transcripts. 
Rt Hon HELEN CLARK 
: My understanding is that the lawyer has shown me all that he has received. 
Dr Don Brash 
: Is it true that some of the Prime Minister’s five conversations with the  
Sunday Star-Times 
 occurred following the publication of the original story on 16 January 2000 and that those reassured the paper that the information she had given it was correct and that it should hang tough and keep investigating the commissioner? 
Rt Hon HELEN CLARK 
: The  
Sunday Star-Times  
ran stories on that matter every Sunday from 5 December 1999 onwards. The  
Sunday Star-Times 
 as I recollect put it to me that the commissioner’s car had been approached by a constable with some kind of breath-testing device—I think it is known as a sniffer—which I would have confirmed. I would then I am very certain have said that there were differing accounts of what was said between the constable and the commissioner. 
Dr Don Brash 
: I raise a point of order Madam Speaker. I asked the Prime Minister whether some of her conversations occurred after the publication on 16 January. She did not attempt to answer that question at all. 
Rt Hon HELEN CLARK 
: They may well have done but I have told the member that I cannot recall when over 5 years ago people spoke to me. 
Rt Hon Winston Peters 
: Is there a pattern developing here of the type that emerged in the Dover Samuels case wherein the Prime Minister said that he could not remain a Minister while allegations were swirling about him and it turned out that she was the chief “swirler” in that matter—as she appears to be in this case as well? 
Rt Hon HELEN CLARK 
: That most certainly is not the case. 
Hon Ken Shirley 
: What briefing has the Prime Minister had from her lawyer on this issue and on what date did she have her last briefing? 
Rt Hon HELEN CLARK 
: Obviously ever since the  
Sunday Star-Times 
’ 
lawyers made it clear to my lawyer that the paper would subpoena me if evidence was not provided there has been ongoing interaction with my lawyer including to this day. Those conversations are of course privileged. 
Dr Don Brash 
: Why when the Prime Minister had both the Robinson report and the Police Complaints Authority report—neither of which asserted that commissioner Doone had said: “That won’t be necessary”—did she verify for the  
Sunday Star-Times  
that he had indeed made such a statement? 
Rt Hon HELEN CLARK 
: The member is quite correct that neither the Police Complaints Authority report nor then deputy commissioner Robinson’s report used those words. I can only imagine that the reporter put those words to me and I would not have been in a position to confirm them because they were not in the reports. 
Rodney Hide 
: Has her lawyer briefed her on the contents of the conversations that she had with the  
Sunday Star-Times  
5 years ago and is it not the case that she is not really trying to remember back 5 years but just to the last briefing that she had from her lawyer? 
Rt Hon HELEN CLARK 
: Those conversations took place over 5 years ago. There appear to be no tapes of them available. There are journalists’ notes of some conversations but not of others. 
Rodney Hide 
: I raise a point of order Madam Speaker. The Prime Minister did not address my question in any way shape or form. My question specifically was: has her lawyer briefed her on the contents of the conversations that she had with the  
Sunday Star-Times 
? 
Madam SPEAKER 
: I listened carefully and the Prime Minister did address the general point of your question. 
Rodney Hide 
: Maybe you could tell us the answer because I could not get it. [ 
Interruption 
] 
Madam SPEAKER 
: Would the member please stand withdraw and apologise? 
Rodney Hide 
: I withdraw and apologise. 
Madam SPEAKER 
: Calling a member a liar is unparliamentary. 
Hon Ken Shirley 
: In view of the Prime Minister’s statement that there appear to be some journalists’ notes available has either she or her lawyer asked the  
Sunday Star-Times  
for the recorded transcripts of the discussions that she had with the editor and journalists of the  
Sunday Star-Times  
so that she is properly equipped to answer these questions? 
Rt Hon HELEN CLARK 
: My understanding is that my lawyer does have what is available. 
Dr Don Brash 
: Will the Prime Minister waive any entitlement to confidentiality and allow the release of the reporters’ notes and any available transcripts so that the serious question marks that now stand over her credibility can be dealt with? 
Rt Hon HELEN CLARK 
: Given that further legal action is being threatened I do not think that that would be desirable. I should also say that the Leader of the Opposition might well draw no comfort from the fact that his counterpart in Britain launches ceaseless attacks like this to no good effect as is the case here.