English Bill: Questions for Oral Answer — Questions to Ministers 
English Bill: Questions for Oral Answer — Questions to Ministers 
[Volume:610;Page:7131] 
1. Hon BILL ENGLISH (Leader of the Opposition) 
 to the  
Prime Minister 
: Does she have confidence in her Associate Minister of Justice (Hon Margaret Wilson); if so why? 
Rt Hon HELEN CLARK (Prime Minister) 
: 
 Yes because she is a hard-working and conscientious Minister. 
Hon Bill English 
: Does she agree with the statement made by Margaret Wilson 1 month ago when she said that the Government was going to clarify that the foreshore and seabed are owned by all New Zealanders in the form of the Crown and does that remain Government policy? 
Rt Hon HELEN CLARK 
: The Government is working on a statutory framework that will ensure that private exclusive title is not created over what has always been regarded as the public domain. 
Metiria Turei 
: If public access to the foreshore and seabed is a priority concern for the Government will the Minister prepare legislation to require public access to Pakeha-owned private exclusive properties that have full riparian access rights which currently exclude public access; if not why not? 
Rt Hon HELEN CLARK 
: The member will be aware that the Hon Jim Sutton the Minister of Agriculture and the Minister for Rural Affairs has an advisory group working on the issue of access to private land at the present time. 
Rt Hon Winston Peters 
: Can the Prime Minister recall making the comments that she now refers to on 21 June and how does that accord with the comments in written form made by nine of the Government’s Maori members including some Cabinet members; is that not a vote of no confidence in herself? 
Rt Hon HELEN CLARK 
: Perhaps one reason that this party is more successful than some is that it allows a bit of leeway. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. I asked whether the Prime Minister’s comments were in accord with the written comments of nine of the Government’s Maori MPs. If she cannot answer the question she should say so. 
Mr SPEAKER 
: No. 
Rt Hon Winston Peters 
: Sit down; I have not finished yet. 
Mr SPEAKER 
: The member will now be seated. The member will not be rude to me at all. That is his only warning before he leaves the Chamber. He can continue his point of order but he will not be rude to me. 
Rt Hon Winston Peters 
: I expect the same treatment myself in this House. I am asking that the Prime Minister be brought back to the parliamentary standards for question time that used to prevail here. She was asked how her views accord with those of nine of the Government’s Maori MPs. I ask you which part of her answer addressed my question. 
Mr SPEAKER 
: I heard the Prime Minister’s answer; I judged that it addressed the question that was asked. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. With the greatest of respect I ask you now to clarify how you could possibly have arrived at that judgment. My question was very simple. It asked her how she reconciled two different sets of statements—some coming from Cabinet Ministers. If you can tell me how she addressed my question of how her statement accorded with the statement by the Maori MPs then I would like to know that. You have the right to come to a judgment and I respect that. But my point is simply that if that is to be the standard for answers then question time is a waste of time. 
Mr SPEAKER 
: The last comment is irrelevant to the issue. The Prime Minister talked about the leeway she allowed which addressed that issue. 
Murray Smith 
: Does the Prime Minister’s confidence in the Associate Minister of Justice extend to endorsing the view expressed by the Associate Minister that last weekend was the final opportunity for Maori input into the development of the Supreme Court Bill despite the reported comments of her Associate Minister of Maori Affairs the Hon Tariana Turia that the Government should put the Supreme Court Bill on hold until Maori have been properly consulted and have given it their support? 
Rt Hon HELEN CLARK 
: Part of that question anticipates a question that is on the Order Paper to be asked shortly which will be answered for the Associate Minister. My understanding is that the hui held last weekend was a one-off and that there is not another such hui planned to discuss the issue. But of course the matter is still before the Justice and Electoral Committee and one assumes that that allows for more input yet. 
Hon Richard Prebble 
: Why does the Prime Minister have confidence in an Associate Minister of Justice who appears to have no confidence in our nation’s courts in property rights or in the rule of law and who before any court has found that any customary rights exist to the foreshore is setting up the taxpayer to pay out hundreds of millions of dollars to Maori for rights that may well not exist? 
Rt Hon HELEN CLARK 
: The Associate Minister has so much confidence in our courts that she is promoting a bill that will mean the top level of appeal in our country can be conducted here. Secondly she is not advancing any proposals to pay hundreds of millions of dollars to anyone on that issue. 
Hon Bill English 
: Can the Prime Minister answer directly whether her Government will legislate to affirm exclusive Crown title to the beaches and the seabed; if not why not? 
Rt Hon HELEN CLARK 
: The Government will be legislating to ensure that private exclusive title is not created over those areas. 
Stephen Franks 
: Will the Prime Minister repeat the assurance that was given to this House by the Attorney-General which guaranteed that neither race nor ethnic inheritance— 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. I have asked one question and so has Mr Prebble. Perhaps you could explain why you are giving Mr Franks precedence over me. 
Mr SPEAKER 
: I made a mistake and I had already called Mr Franks. I will call the member next. 
Stephen Franks 
: Will the Prime Minister confirm the guarantee given by the Attorney-General that neither race nor ethnic inheritance will confer privilege in access to or use of the seabed and foreshore which until 19 June were considered to be the property of all New Zealanders equally? 
Rt Hon HELEN CLARK 
: There are various precedents for upholding Maori customary rights including those in fisheries legislation passed before this party came to power. As Prime Minister I am interested in building a nation—not in driving a wedge in it as members of the Opposition are. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. Perhaps you could tell me what that last comment had to do with the Prime Minister’s responsibilities for the proper running of this House. 
Mr SPEAKER 
: I think that the Prime Minister addressed the question. She did so. 
Hon Roger Sowry 
: I raise a point of order Mr Speaker. If you will not pull him up I want to bring to your attention the comments that the senior Government whip has been screaming across the House which I find offensive. 
Mr SPEAKER 
: I am sorry but I have not heard those comments. If the member made an offensive comment he must withdraw and apologise. 
Hon Richard Prebble 
: I raise a point of order Mr Speaker. I listened to and have been thinking about the Prime Minister’s answer to Mr Franks’ question and I guess she addressed it in the sense that she made the bombastic statement that she is building a nation but she could say that in response to any question. How does that relate to the actual question she was asked which sought an assurance that we would not have legislation based on race? I cannot see how she has answered that question in any shape whatsoever. 
Mr SPEAKER 
: As the member knows my job is not to judge an answer. My job is to work out whether the question has been addressed and it has been. 
Rt Hon Winston Peters 
: What did the Prime Minister’s comments in relation to my original question mean when she said that she offered her caucus leeway unlike some other parties; does “leeway” mean that a Cabinet Minister or Ministers can make statements that totally contradict statements she has made as the Prime Minister? 
Rt Hon HELEN CLARK 
: As Prime Minister I will judge when Ministers have overstepped the mark. I have not yet made a judgment that they have. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. I asked the Prime Minister what “leeway” meant; after all she was judged by you to have answered the question properly in the first instance. Now I am asking for a definition of a very simple word and she cannot even give that. 
Mr SPEAKER 
: On this occasion the Prime Minister gave quite a specific answer and I judged it to be so. 
Rt Hon Winston Peters 
: You’re useless! 
Mr SPEAKER 
: The member will stand withdraw and apologise. 
Rt Hon Winston Peters 
: I withdraw and apologise. I was not referring to you. 
Mr SPEAKER 
: The member should interject in the third person. 
Hon Bill English 
: Can the Prime Minister confirm to the House that it is no longer her intention that the Government should legislate to affirm the Crown’s exclusive title to the beaches and the seabed and that her reference to what the Government will do amounts to a change in policy? 
Rt Hon HELEN CLARK 
: I cannot confirm what does not exist under existing law. 
Mr SPEAKER 
: I call question No. 2. [ 
Interruption 
] Should there be any interjections while the question is being asked the one and only warning not to do that has now been given.