Peters Winston: Questions for Oral Answer — Questions to Ministers 
Peters Winston: Questions for Oral Answer — Questions to Ministers 
[Volume:619;Page:14876] 
1. Rt Hon WINSTON PETERS (Leader—NZ First) 
 to the  
Minister of Finance 
: Has the Government got any concerns about the manner and details relating to the sale of Powerco; if so what are they? 
Hon Dr MICHAEL CULLEN (Minister of Finance) 
: 
 As an application will be required for sale approval under the Overseas Investment Act I do not wish to comment on this matter at this stage. 
Rt Hon Winston Peters 
: Does the Minister feel threatened by the comment of one Mr Upson who said that any Government move to block this sale would be seen as being anti - foreign investment; how does the Minister explain that this decision was made without any consultation as required of those institutions by the Local Government Act; and is this sort of abuse of process one that this Government endorses? 
Hon Dr MICHAEL CULLEN 
: The chairman of the board made certain comments that I have since been assured were made in response to a false understanding of what I actually said in the House. So I do not propose to respond in kind to the comments that were made by the chairperson. On the other matters I say that the matter will be coming to me for consideration under the Overseas Investment Act so I have no intention of commenting any further on it. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. The Minister may be in charge of the Overseas Investment Commission and he may have future responsibilities but I am asking as a member of this House for answers and I do not think that the Minister can hide behind some future decision process and thereby negate the processes of this House. I want to know whether consultation is required under the Local Government Act with the local community and whether any of those matters have been brought to his attention. 
Mr SPEAKER 
: That is not a point of order because in actual fact the Minister can answer as he pleases. 
Rt Hon Winston Peters 
: Is the Minister aware of the provisions of the Local Government Act 2002: section 77 “Requirements in relation to decisions” and section 78 “Community views in relation to decisions” which has a prescription clause as to what community outcomes mean in respect of consultation; and does he think in any way that what has happened in respect of Powerco complies with the requirements of the Local Government Act? 
Hon Dr MICHAEL CULLEN 
: I am sure I shall receive advice on the way the process has been undertaken when the papers arrive and when they do I will consider them carefully as I am bound to do. However as I say because I am going to be doing that I am not going to comment further on the matter at this point. 
Rt Hon Winston Peters 
: I raise a point of order Mr Speaker. The Minister has just outlined his case for not answering the House. He has not said he will give any old answer at all; he is just saying: “I am not going to comment.” Well frankly this House has a question time and Ministers cannot duck behind that. I know what the sub judice rule is and I know what the requirements are in respect of his duties as a Minister. But nevertheless he is duty bound if this House has any status in this country to reply and say what his answer is in respect of a much wider question—the question regarding the provisions of the Local Government Act and those in particular that relate to community advice and consultation. 
Hon Dr MICHAEL CULLEN 
: I am not responsible for the Local Government Act or for those particular matters. I am responsible for consideration of an application under the Overseas Investment Act. I will take into account those matters that are deemed appropriate at the time but I am not going to comment on that process until I receive the material. 
Mr SPEAKER 
: I refer the member to Speaker’s ruling 144/6.