Smith Nick: Questions for Oral Answer — Questions to Ministers  
Smith Nick: Questions for Oral Answer — Questions to Ministers  
[Volume:615;Page:11011] 
9.  
Hon Dr NICK SMITH (National—Nelson) 
 to the  
Minister of Local Government 
: Is he satisfied that the new Treaty of Waitangi provisions of the Local Government Act 2002 and special provisions for councils to consult with Maori are working as intended? 
Hon RICK BARKER (Minister for Courts) 
 on behalf of the 
Minister of Local Government 
: Yes. 
Hon Dr Nick Smith 
: Does the Minister consider it fair to all New Zealanders that the Canterbury Regional Council in considering an application for a major dairy farm adjacent to Lake Ellesmere has determined that iwi are to be consulted but neighbouring farmers Fish and Game New Zealand and the Royal Forest and Bird Protection Society are not and if he like National believes this unfair will he review the provisions of the Act that have led to this situation? 
Hon RICK BARKER 
: If that member wanted to ask specifically about that matter I would have hoped that he would put down the question particularly for me and I could respond in more detail. But the obvious answer it seems to me is that it is a matter for the council to determine who it will respond to. 
David Parker 
: Does the Local Government Act 2002 transfer or impose Treaty of Waitangi obligations on to local authorities? 
Hon RICK BARKER 
: No. Section 4 of the Local Government Act 2002 clearly states that the provisions to maintain and improve opportunities for Maori to contribute to local government decision-making processes are recognition of the Crown’s responsibility in relation to Treaty of Waitangi obligations and not that of councils. 
Jeanette Fitzsimons 
: Does the Minister of Local Government now accept that the limited notification provisions of the Resource Management Amendment Bill introduced by National and passed by Labour against strong opposition from the Greens have led not only to the Royal Forest and Bird Protection Society Fish and Game New Zealand and the public but his own Department of Conservation being shut out of the submission process on this proposal and that only the treaty right of the tangata whenua is ensuring that it gets any proper environmental scrutiny at all? 
Mr SPEAKER 
: The question is a little wide but I will allow it. 
Hon RICK BARKER 
: It seems to me that question is mainly about the Resource Management Act and I am not the appropriate Minister to put that question to. 
Hon Dr Nick Smith 
: Noting the Prime Minister’s answer earlier today in saying that the Government’s response was based on need and not on race can the Minister please explain to the House why there is a greater need to consult iwi in respect of Lake Ellesmere than Fish and Game; that there is a greater need to consult iwi than neighbouring farmers; that there is a greater need to consult iwi than legitimate organisations like Forest and Bird or are the Prime Minister’s statements a load of wash? 
Mr SPEAKER 
: The last comment I think was a little bit too much but the Minister can answer the first part of the question 
Hon RICK BARKER 
: The matter of who is consulted is the regional council’s decision; it is not the Government’s. If the regional council decides it wishes to consult all those groups it will do exactly that. 
Hon Dr Nick Smith 
: For the benefit of the Minister I seek the leave of the House to table the specific provisions—notably clause 14(d) of the Local Government Act and also clause 81 of that same Act—that impose specific responsibilities on councils to consult Maori. 
Mr SPEAKER 
: Leave is sought to table that document. Is there any objection? There is.