Smith Nick: Questions for Oral Answer — Questions to Ministers 
Smith Nick: Questions for Oral Answer — Questions to Ministers 
[Volume:630;Page:1972] 
8.  
Hon Dr NICK SMITH (National—Nelson) 
 to the  
Prime Minister 
: Does she have confidence in the Minister of Conservation; if so why? 
Rt Hon HELEN CLARK (Prime Minister) 
: 
 Yes because he is a hard-working and conscientious Minister. 
Hon Dr Nick Smith 
: Can the Prime Minister assure the House that in respect of the Whangamata marina all her Ministers support Chris Carter’s decision? 
Rt Hon HELEN CLARK 
: I do not have the slightest idea. It is not a Cabinet decision it is a statutory decision by the Minister of Conservation. 
Gordon Copeland 
: Does the Prime Minister believe it is fair that the Minister of Conservation can unilaterally veto the recommendation of the Environment Court leaving the Whangamata Marina Society which has followed due process out of pocket by $1.3 million; if not does she intend to address the issue of compensation in the interests of fair play? 
Rt Hon HELEN CLARK 
: I think it is important to be clear about the decision-making process here. One cannot of course veto a recommendation. A recommendation can be accepted or it can be rejected. The final decision maker on restricted coastal activities under the Resource Management Act legislation is indeed the Minister of Conservation. Whether that should be the case is an entirely proper matter for public debate but it is how the law works as passed in 1991 by the National Government. 
Gordon Copeland 
: I raise a point of order Madam Speaker. The central point of my question was in relation to compensation of $1.3 million to the Whangamata Marina Society following the decision to can that project. I do not believe that the Prime Minister addressed the major point of the question. 
Madam SPEAKER 
: As I recall the question it was in more than one part. In a supplementary question the Minister has to address only one part of it and the Minister did address the question. 
Hon Dr Nick Smith 
: Has she seen the report in the  
New Zealand Herald  
that two of her Ministers thought the Minister of Conservation’s decision was wrong and why should the public have any confidence in the Minister of Conservation if her own ministerial colleagues do not? 
Rt Hon HELEN CLARK 
: No I have not seen any such report. The Minister of course is the final decision maker under the law. The marina society has indicated that it will be appealing the matter. No doubt the lodging of proceedings is imminent and the matter will be sorted out in court. 
Hon Dr Nick Smith 
: Is the Prime Minister aware that the  
Cabinet Manual 
 includes collective responsibility to apply to individual decisions of Ministers and as such does she think it is acceptable that the Hon Dover Samuels has said that the Minister’s decision with regard to Whangamata was convoluted and lacked certainty? 
Rt Hon HELEN CLARK 
: I am not aware of the member’s comments as read by Dr Smith but I will say this. An independent statutory decision made by a Minister in terms of the law is not something that a Minister takes to Cabinet for approval; nor should he. 
Hon Dr Nick Smith 
: Will the Minister apply the principle of collective Cabinet responsibility to the decision of Chris Carter in respect of the Whangamata marina? 
Rt Hon HELEN CLARK 
: No because the Minister makes an independent statutory decision in terms of the law. The process I follow as Prime Minister is where we make decisions together everybody takes collective responsibility for them. Where a Minister makes an independent statutory decision that is his decision and his decision alone and it will be his decision that the Whangamata Marina Society challenges in court if it proceeds. 
Hon Dr Nick Smith 
: Does she recall telling the local government conference last year that her Government believed in local decision-making by local people; if so why did her Government overturn the decision of the Thames-Coromandel District Council and Environment Waikato? 
Rt Hon HELEN CLARK 
: As I have said the matter went right through to the Environment Court. The Environment Court made a report. The Environment Court is not the final decision maker; nor are the other bodies that the member referred to. The final decision maker on a restricted coastal activity is the Minister of Conservation. I might say I am aware that Dr Smith when he was Minister instructed the department to settle on the matter because frankly he has very little regard for the coastline of our country. 
Hon Dr Nick Smith 
: I raise a point of order Madam Speaker. Because the Prime Minister seems unfamiliar with it I seek the leave of the House to table the  
Cabinet Manual 
 which makes it plain that individual decisions of Ministers still apply the principle of collective responsibility. 
Madam SPEAKER 
: Leave is sought to table that document. Is there any objection? There is objection.