Smith Nick: Local Government Law Reform Bill (No 3) — Second Reading Instruction to Committee In Committee 
Smith Nick: Local Government Law Reform Bill (No 3) — Second Reading Instruction to Committee In Committee 
[Volume:618;Page:14129] 
Hon Dr NICK SMITH (National—Nelson) 
: 
 I have to respond to the attempt of the Minister in the chair the Hon Chris Carter to rewrite history around the issue of the casting vote. In my 14 years in this Parliament I have seen few occasions when a Minister has so much wanted to distance himself from his own legislation. How often is it that we hear a Minister saying: “Oh it wasn’t my fault—it was the select committee. My name is on the front of the bill but it is the select committee’s fault that the casting vote was removed in that legislation back in 2002.” I say to the Minister that it does not wash. He must take responsibility. He has flip-flopped so many times on this issue that his credibility is really starting to be in question. Is it not interesting how a Government starts to listen when it gets trouble in the polls? 
Hon Chris Carter 
: Ha ha! 
Hon Dr NICK SMITH 
: It is true! For 5 years the Government has said there is no problem with the Resource Management Act that it is beautifully written and beautifully crafted and the Government is not going to make any change. The first poll that came out showing Labour was behind and—oops—we are in for a Resource Management Act review. When it came to school closures the Minister of Education was absolutely stuck on track and was closing schools all around the country but after one bad poll he did a U-turn. So it is with this Minister the Hon Chris Carter. The Minister has steadfastly defended the issue relating to the casting vote as we note from the original bill. If the Minister was so open-minded such a “listening caring loving” Minister if he was— 
Hon Chris Carter 
: Ask Local Government New Zealand. 
Hon Dr NICK SMITH 
: I do and I have to say they are somewhat critical of the Minister’s capacity to be able to weasel and worm his way out of anything. If the Minister truly believed that a casting vote was fair and proper why did he not introduce it in the original bill? 
Hon Chris Carter 
: I said let the select committee decide on the evidence. 
Hon Dr NICK SMITH 
: The Minister is so lacking in leadership. Most Ministers would give their initial thoughts to a select committee when introducing a bill. Not this Minister. The Minister’s initial thought was that there should be no casting vote—or I assume it was. 
Hon Brian Donnelly 
: Why is he getting a Minister’s salary? 
Hon Dr NICK SMITH 
: That is a very good question. Here is a man who collects his ministerial salary gets a ministerial car and gets all the ministerial perks for his partner—spending a fortune—but when it comes to House matters he says: “Oh it is not my responsibility. It is nothing to do with me. The bill might be in my name but it is just not me.” I say to the Minister that it does not wash. He has done a flip-flop. He has made a U-turn. We are actually pretty comfortable in relation to what National has consistently said on this issue— 
Hon Chris Carter 
: No you voted for— 
Hon Dr NICK SMITH 
: The member says “You”. I did not think that was within the Standing Orders. I was not on the select committee and what is more if the Minister goes back and checks the record and looks at the bill it is actually unclear whether there is a casting vote. That is what the commentary to the Minister’s bill states. Is the commentary incorrect? The Minister does not want to talk about the commentary’s statement that there is a mess in the Local Government Act 2002 which was in his name that does not make it plain whether a casting vote is possible. National’s view has been quite consistent which is that— 
Hon Chris Carter 
: Ha ha! 
Hon Dr NICK SMITH 
: The member might want to explain his own position— 
Hon Mark Burton 
: That is an oxymoron please! 
Hon Dr NICK SMITH 
: The incompetent member for Taupo interjects. The Government passed legislation getting rid of the casting vote in 2002. Mark Burton voted to get rid of the casting vote in 2002. When this bill was introduced last year he voted to reinforce getting rid of the casting vote. The Government has now done a flip-flop and decided that the casting vote is quite appropriate. Well National’s view is quite straightforward. We say that councils should decide. For all the rhetoric that we get from Government members about trusting local authorities—they want to prescribe them to death—we simply say: “Let the council decide what is best working within its own standing orders just as this Parliament determines its own Standing Orders.” We are continuously amazed at the degree to which this Government will do backward flips when the heat comes on. 
The question was put that the amendments set out on Supplementary Order Paper 232 in the name of the Hon Chris Carter to Part 4 be agreed to.