Dean Jacqui; Watts SimonTUESDAY 22 NOVEMBER 2022(continued on Wednesday 23 November 2022)WATER SERVICES ENTITIES BILLIn CommitteePart 1 Preliminary provisions (continued)CHAIRPERSON (Hon Jacqui Dean): Members the House is in committee on the Water Services Entities Bill. When we suspended last night we were considering Part 1 of the bill. Once again the question is that Part 1 stand part.SIMON WATTS (National—North Shore): Thanks very much Madam Chair and good morning Minister. Thank you very much Minister for coming back this morning.My first question relates to a question that I raised last evening and it's in regards to Supplementary Order Paper 283 in my name and it references clause 4 which of course is part of Part 1. The question in particular that I ask is that the changes that were made late in the select committee process in regards to the addition of both coastal waters and geothermal waters were significant changes in regards to the scope of the overall bill. And I think for those that are sitting at home this morning looking forward to another big day on three waters well I'm not going to let you down.The question in regard to the inclusion of in effect these other two waters which makes the bill in our view five waters is why was that addition made late in the process? It did not allow all of the submitters that made submissions in regards to the legislation to make submissions on that specific aspect. And I think that's pretty fundamental because we received as we know 88000 or so submissions but the fundamental change that was made in order to add coastal water and also geothermal water was done after the process in which public submissions were being able to be taken. The question quite simply as I've said is what is the reason or rationale that we didn't allow our submitters to do that with quite a significant expansion of the Te Mana o te Wai statement which has been very much litigated in the public?I want to move on in terms of the Minister's Supplementary Order Paper that she tabled last night. I don't know about you but I got home and I thought You know what? I might spend a little bit more time having a bit more reading." and I started reading through this and it's interesting. I refer to Supplementary Order Paper 306 and it is inserting new clause 5A into Schedule 1. And this goes back to a conversation that I've been questioning the Minister around in the House a lot in regards to parks and reserves and the simple fact that it is our reading of the bill that was on the Table that actually local parks and reserves may be transferred from local councils into one of the water services entities. Interestingly when I questioned the Minister in the House last week in regards to that the Minister was quite clear. She said only assets which have a primary purpose will not transfer—the primary purpose being a park.So what I would like the Minister to do is to provide a little bit of clarification around new clause 5A in Schedule 1 in regards to whether this is a clarification of the overall position around what parks and reserves will transfer into these water services entities or actually is it a change? I think that's a pretty important aspect in regards to clarification.The other aspect is how are you going to define the difference because in the clause here under 5A(3) you've got some distinctions around what will be in and out. And so 5A(3)(c) states "whose primary purpose or predominant use is not the delivery of water services". So my question for the Minister in regards to this is quite simply: what is the process going to be in order to define or determine what falls within scope and what falls outside of scope in regards to that? Could the Minister provide some examples to help clarify what we mean by that because the Minister will recall in oral questions that I asked last week I mentioned Waitangi Park here in Wellington. I asked whether that would be in or out of scope and I'd be interested if the Minister could clarify that specific example of where that sits in the context of the drafting of this clause.The last aspect that I'm interested for the Minister to go into in regards to this clause—[Time expired]"