Ryall Tony: Questions for Oral Answer — Questions to Ministers 
Ryall Tony: Questions for Oral Answer — Questions to Ministers 
[Volume:638;Page:8485] 
6.  
Hon TONY RYALL (National—Bay of Plenty) 
 to the  
Minister of Health 
: What is it in the Auckland laboratory testing High Court judgment that prevents him from expressing confidence in Kay McKelvie and Pat Snedden chairs of the Waitemata and Counties Manukau district health boards? 
Hon Dr MICHAEL CULLEN (Leader of the House) 
 on behalf of the 
 Minister of Health 
: The judgment was critical of the Auckland regional district health boards in several respects. For example in paragraph 330 of the judgment the judge found not only that Dr Bierre had breached two statutes but that the three district health boards had made “a serious procedural error”. 
Hon Tony Ryall 
: Would the Minister now confirm that the Auckland district health boards have signed a new contract for laboratory services for another 18 months; and in light of that announcement and the Minister’s earlier statements that he would answer questions about his confidence in the district health board chairs once that contract was secured does he have confidence in Wayne Brown Kay McKelvie and Pat Snedden? 
Hon Dr MICHAEL CULLEN 
: I can confirm that contrary to the member’s best hopes a contract has been secured from 1 July with Diagnostic Medlab Ltd. It will have a term of 18 months. That will clearly give sufficient time to reopen— 
Hon Dr Nick Smith 
: Answer the question. Do you have confidence? 
Hon Dr MICHAEL CULLEN 
: That was in answer to the first part of the question—if the member had listened. That will give sufficient time to do a proper re-tendering process. The Minister will consider the issue when he returns from a very quick visit to Australia at midnight tomorrow. 
Hon Tony Ryall 
: When does the Minister expect that the Government will fulfil its undertaking to Parliament that when the contract is settled then that is when someone will be held accountable for this fiasco? 
Hon Dr MICHAEL CULLEN 
: The announcement of the settlement was made at 2.15 this afternoon. The Minister is on his way towards the airport to go to Australia. He will have a chance to consider this issue on his return from Australia. 
Hon Tony Ryall 
: Is it acceptable that the Government’s appointees Wayne Brown Pat Snedden and Kay McKelvie were willing to sign a contract with someone whom they knew was using inside information whom the Minister said broke two laws whom Mr Mallard called lying and corrupt and whom the Prime Minister described as “duplicitous”? 
Hon Dr MICHAEL CULLEN 
: As both the Minister and the Prime Minister have said any suggestion from the Government of vetoing any tenderer for the new long-term tender process would itself invite judicial review at large expense and further uncertainty around the tendering process. Also Mr Mallard actually said that Dr Bierre was a corrupt and lying Tory. 
Hon Tony Ryall 
: Does the Minister think that it was ethical behaviour for Government appointees such as Wayne Brown Kay McKelvie and Pat Snedden to sign a $500 million contract with a man whom they knew was an insider who had been actively involved in setting up the terms and conditions of the whole process and who in fact had briefed them only weeks before the tender began? 
Hon Dr MICHAEL CULLEN 
: It is possible of course that Mr Brown was influenced by a description by Dr Paul Hutchison of Dr Bierre as a man “for whom I personally have great respect” and who “is well respected nationally.” However putting all that and the judgments of Dr Hutchison and Dr Blue in that respect aside I think the judgment does raise questions about the fact that clearly there was a conflict of interest. The Minister and the Prime Minister have both outlined that fact at some length. 
Hon Tony Ryall 
: Does the Minister believe that Wayne Brown has handled the whole issue of conflict of interest involving Dr Bierre and the Auckland District Health Board appropriately; and does he think that Mr Brown’s arrogance and abrasiveness may have been a strength in the past but now make him a liability because he does not realise that the time for accountability has come for him? 
Hon Dr MICHAEL CULLEN 
: I am sure that the Minister will give attention to matters involving the future of the Auckland district health boards on his return from Australia.