Smith Nick: Questions for Oral Answer — Questions to Ministers 
Smith Nick: Questions for Oral Answer — Questions to Ministers 
[Volume:614;Page:10583] 
10.  
Hon Dr NICK SMITH (National—Nelson) 
 to the  
Minister for the Environment 
: How does she reconcile her statement in the House last Thursday that “This bill which we have before us this week will not be about fast tracking any proposals.” with her press statements on 2 September 2003 saying: “The legislation will also reduce time delays associated with appeals”; on 22 October 2003: “It is important that the process which requires legislative change occurs as quickly as possible.”; and on 3 December 2003 saying the bill is needed to achieve “expedient” decisions? 
Hon MARIAN HOBBS (Minister for the Environment) 
: 
 Easily. The legislation is about a time-bound process to develop a water allocation plan. It is not about favouring one proposal and moving it ahead of others. 
Hon Dr Nick Smith 
: Would the Minister explain to the House the difference between the words “reducing delays” “expedient” “ensuring the process is as quick as possible” and “fast track” or is the only difference Government spin? 
Hon MARIAN HOBBS 
: I repeat that I think the member confuses process with the outcome. This Government makes no prediction about the outcome and therefore no prediction that the process is there to serve a certain outcome. 
Mark Peck 
: What has been the local reaction to the legislation? 
Hon MARIAN HOBBS 
: It has been welcomed as was made clear to me yesterday when I met local government representatives from the four consenting councils in Waimate. 
Jeanette Fitzsimons 
: If the bill is not about fast tracking a favoured Government project will the Minister consider giving up some of the extreme powers the bill gives her to hire and fire all the decision makers for both the water allocation process and the decisions on consents? 
Hon MARIAN HOBBS 
: The bill is about to go before a select committee and I imagine that those finer points can be taken up in there. The question of hiring and firing does not necessarily concern the people who are appointed to the panels. 
Gerrard Eckhoff 
: What is the Minister’s reaction to yesterday’s  
Otago Daily Times 
 editorial on the proposed legislation where comments such as: “the Government seems intent on rewriting its own script.” “the Government working through Environment Minister Marian Hobbs is hell-bent on getting Project Aqua up and running before the next election.” and finally “This is an outrageous piece of legislation. It cannot be condoned.”; and what is her reaction to that conservative newspaper’s comments? 
Hon MARIAN HOBBS 
: Furious and I replied as such. 
Hon Dr Nick Smith 
: If the Minister claims that the bill is not about fast tracking can she explain why clause 32 states that the Waitaki River plan cannot be appealed to the Environment Court—and that river is the only river in which that would be the case—and why clauses 49 51 and 52 automatically give priority to fixtures before the Environment Court severely limit the access of evidence and put extra constraints on time; if that is not fast tracking can she tell me what would be? 
Hon MARIAN HOBBS 
: I have always said and said quite clearly in statements that have been quoted by that member that we are about moving the process expeditiously. We are not about fast tracking one particular proposal. Reference to the hearing process in the clauses referred to by that member—which is different in this legislation—encourages the inquisitorial as opposed to the adversarial and this lessens the need for appeal on fact rather than on process. 
Mark Peck 
: Does the legislation give the Minister any decision-making powers over the use of Waitaki water? 
Hon MARIAN HOBBS 
: No. The decisions will be made by an independent expert statutory board and panel of commissioners nominations for which I am seeking from the community. 
Hon Dr Nick Smith 
: How can the Minister describe the board and the panel of commissioners as independent when she appoints them the chair and the deputy—they serve solely at her pleasure—and she can fire them at any time for any reason; and is this not about as independent as a Robert Mugabe judicial appointment? 
Hon MARIAN HOBBS 
: Many appointments are made to many boards in this country by this Government. We seek people with a requisite range of skills. It is the manner in which they act and who makes the final decision. That decision will be made by that board and is appealable to the courts not to the Minister.