Brash Don: Questions for Oral Answer — Questions to Ministers 
Brash Don: Questions for Oral Answer — Questions to Ministers 
[Volume:616;Page:12524] 
7.  
Dr DON BRASH (Leader of the Opposition) 
 to the  
Prime Minister 
: What requirements will be placed on individuals and local authorities by the recognition of what she has called “the ancestral connection Maori have with particular areas of the foreshore and seabed”? 
Rt Hon HELEN CLARK (Prime Minister) 
: 
 There will be no additional requirements placed on individuals or local authorities as a result of recognising Maori ancestral connection with areas of the public foreshore and seabed. In preparing policies and plans under the Resource Management Act local authorities will prepare these documents in consultation with holders of ancestral connection orders and will take into account relevant planning documents of holders of ancestral connection orders. Already under the 1991 Act councils prepare plans and policies in consultation with tangata whenua. 
Dr Don Brash 
: Is the Prime Minister aware that the Attorney-General has previously confirmed that most or all of the New Zealand foreshore and seabed will be subject to claims of ancestral connection by Maori; if so what can the “strengthened ability to participate in decision-making processes over the relevant coastal area.” in yesterday’s announcement mean other than a preferential status for Maori over almost all the New Zealand seabed and foreshore? 
Rt Hon HELEN CLARK 
: I think the member is confusing a number of concepts here. As I said there are no additional requirements. We are endeavouring to ensure by making it possible for there to be a register of ancestral connection orders that those who should be consulted are consulted. 
Rt Hon Winston Peters 
: Could the Prime Minister confirm that none of those processes involve anything other than status so that a council might know whom it is to consult—alongside European institutions as well if it could be put that way—and that there is nothing of the “special rights” to be found in the fishing legislation legislation that Dr Brash is “comfortable with”? 
Rt Hon HELEN CLARK 
: It is indeed as the member says about participation and processes and these concepts have been in the law going back to the Resource Management Act the fisheries legislation of the 1990s and of course the Local Government Act. 
Gerrard Eckhoff 
: Will the Prime Minister rule out applicants wishing to engage in marine farming around the foreshore having to pay for consultation with iwi who have established ancestral connection in a similar manner to the Department of Corrections which paid $1.3 million for consultation with connected Maori? 
Rt Hon HELEN CLARK 
: Issues around consultation under the Resource Management Act are something that can be considered in the review of the Resource Management Act that is going on. The Minister of Corrections is already on the record as saying that in that particular consultation some of the costs were excessive. 
Dr Don Brash 
: Is the Prime Minister aware that constitutional law expert Dr Bill Hodge on Newstalk ZB last night said of the Government’s Maori customary right regime that they—being Maori—“become the landlord I would say. They would simply charge rent; whatever the market will bear.”; can she confirm that that is her understanding of her Government’s bill? 
Rt Hon HELEN CLARK 
: I can confirm none of the above at all and I might say in recent months I have seen Dr Hodge make some quite ill-advised statements on television which he has had to retract. 
Dr Don Brash 
: Has the Prime Minister then seen Dr Hodge’s analysis that: “It means they can say ‘Nope we will not consent unless you do so on our terms’ and that would involve payment of whatever the market would bear in terms of money which is something like rent. I use the word ‘rent’ rather than extortion but anyway rent is a good enough term.”; can the Prime Minister confirm that that is how the concept of ancestral connection will operate? 
Rt Hon HELEN CLARK 
: The member is absolutely wrong because ancestral order is in no sense of any kind a property right. Every time the Leader of the Opposition opens his mouth on this issue he gets something dreadfully wrong. 
Rt Hon Winston Peters 
: Can the Prime Minister confirm that Dr Hodge gave that legal opinion without having even seen the legislation an act that reminds me of a certain leader in this House who said he was going to repeal it before he even saw it having taken legal advice from the woodwork teacher in his caucus? 
Rt Hon HELEN CLARK 
: Yes I did hear a commitment this morning that the National Opposition would want to repeal the legislation even though those members had not seen it but perhaps the policy of repealing it might lead them to flush out exactly what their policy is. 
Hon Annette King 
: The emperor has got no clothes. 
Mr SPEAKER 
: The member will not be in the House. 
Dr Don Brash 
: Is the Prime Minister aware that Dr Hodge on the basis of the documents released by the Government yesterday stated: “Maori have had a complete victory” with the foreshore and seabed announcement; and does the Prime Minister accept that that is a fair assessment of the outcome? 
Rt Hon HELEN CLARK 
: Of course I would not accept that as an accurate assessment at all. What has interested me is the fighting between the two right-wing parties with the National Party saying that Maori have everything they want and ACT saying that the ancestral orders are a sop because Maori get nothing. 
Dr Don Brash 
: I seek leave to table a transcript of the interview between Larry Williams and Dr Bill Hodge on Newstalk ZB last night. 
Mr SPEAKER 
: Leave is sought to table that transcript. Is there any objection? There is. 
Hon Richard Prebble 
: I raise a point of order Mr Speaker. The Prime Minister very kindly told the House what she thought ACT’s policy was. She has no responsibility for the ACT party and the statement that she made has not been made by any ACT member. It was false. If the Prime Minister really wants to know what ACT’s policies are I am quite prepared to take 5 minutes to tell the House. ACT opposes the bill because among other things it is racist legislation. 
Mr SPEAKER 
: Let me say that the member has made his point. Of course comments added at the end like that can lead to retort. If I ruled out every single comment there would be hardly any question time left which might not be a bad thing. 
Rt Hon HELEN CLARK 
: I seek leave to table evidence that the ACT spokesperson said yesterday that ancestral connection was just a “consolation prize for Maori”. 
Document by leave laid on the Table of the House. 
Hon Dr Michael Cullen 
: Is the Prime Minister prepared to make resources available to the Leader of the Opposition to participate in a range of hui around the country to explain to Maori that they have had a complete victory on this issue? 
Rt Hon HELEN CLARK 
: The question may more appropriately be directed to the Parliamentary Service which can provide the member with open-ended parliamentary travel for any such purpose. 
Rt Hon Winston Peters 
: I seek leave to table the transcript from Michael Laws’ interview with Dr Brash on Radio Pacific this morning when Dr Brash said that he was comfortable with the special rights in the fisheries legislation. 
Document by leave laid on the Table of the House. 
Gerry Brownlee 
: I raise a point of order Mr Speaker. Noting that the generous offer made by the Deputy Prime Minister was rejected by the Prime Minister on the basis of travel alone will the Prime Minister reconsider and make available to the leader of the National Party the same resources that she has available in her department in order that a decent job might be done on putting up alternate legislation to that the Government is proposing? 
Mr SPEAKER 
: The member has not made a valid point of order on this occasion.