Smith Nick: Questions for Oral Answer — Questions to Ministers 
Smith Nick: Questions for Oral Answer — Questions to Ministers 
[Volume:629;Page:1792] 
1. Hon Dr NICK SMITH (National—Nelson) 
 to the  
Minister of Conservation 
: What communications did he or his office have with John Wilson or Bob Harvey prior to his decision on 7 March to overturn the Environment Court on Whangamata marina that would have given John Wilson information to write in an email on 3 March that “Chris Carter is going to pull the plug on the Marina but is asking for us to back him up.” and “We have received confirmation from Bob Harvey who contacted Shanksy to say the Minister has got the balls to go ahead and stop the Marina going ahead at Whanga.”? 
Hon CHRIS CARTER (Minister of Conservation) 
: 
 Following the lead story in the  
New Zealand Herald  
on 1 March speculating about my decision on the Whangamata marina my office and I were besieged by inquiries. As far as I can establish no communication took place with a person named John Wilson although a conversation was had with Bob Harvey. At all times my office and I emphasised to anyone who contacted us that I had not made a decision on the marina and in fact on 2 March I agreed to delay making my final decision until the following week to enable the Whangamata Marina Society to provide me with further information. 
Hon Dr Nick Smith 
: Can the Minister tell the House exactly what he did tell Bob Harvey on the Whangamata marina; and might he also explain to the House why it was appropriate to talk to a mayor on the opposite coast over 100 kilometres away when he had no communication at all with the Thames-Coromandel mayor? 
Hon CHRIS CARTER 
: As I have just answered in reply to the primary question I emphasised to everybody who contacted me over this issue that I had not made a final decision. Mayor Harvey contacted me because of his long association with the surfing association of which I understand he has been honorary president at times. 
Hon Dr Nick Smith 
: I raise a point of order Madam Speaker. The Minister did not answer the question. It was very specific. He said in his primary answer that he had discussed the matter with Bob Harvey. I asked him what he said to Mr Harvey. I also asked him why he had spoken to Mr Harvey and not to the Mayor of Thames-Coromandel where the Whangamata marina is and he made no attempt at all to answer that. 
Hon Dr Michael Cullen 
: If one chooses to ask a number of questions within a supplementary question one can only expect to get an answer to one of those—the Minister may address one of those questions. It is clear the Minister did address what he said to Mr Harvey. He stated quite clearly that he told him he had not made his final decision. 
Hon CHRIS CARTER 
: Speaking to the point of order I ran out of time in giving my answer but I would just like to tell the member that I spent an hour and a half with Philippa Barriball the Mayor of Thames-Coromandel looking at the site. I spent a lot of time discussing the issue with her before I made my decision. 
Madam SPEAKER 
: As was said Ministers are obliged to answer only one supplementary question. Also the Minister did address the question. I listened very carefully. 
Steve Chadwick 
: Along with phone calls and emails is the Minister aware of any other email campaigns about the Whangamata marina proposal? 
Hon CHRIS CARTER 
: Yes I have seen an email also dated 3 March circulated by the president of the Marina Society which states: “If you haven’t yet emailed the Minister do so and encourage your friends to as well. Another good option is to ring talkback and grizzle like hell.” The president of the Marina Society has every right to send out an email like that. I welcome lobbying from anyone. 
Metiria Turei 
: Was the Minister of Conservation in reaching his decision on the application obliged to take steps to protect rare and endangered species such as the banded rail which inhabits the Whangamata estuary and is this the same responsibility that he has for protecting the rare and endangered snail  
Powelliphanta augustus 
 on the Stockton ridge? 
Hon CHRIS CARTER 
: Yes. 
Gordon Copeland 
: What advice does he have at this point in time for the people of Whangamata who spoke to him and who would like to see a marina in their town; can he suggest an alternative site where a marina could be built and if so does he believe it would occur in less time than the 14 years it took in respect of the preferred site now ditched by the Minister? 
Hon CHRIS CARTER 
: I have a great deal of sympathy for the Whangamata Marina Society but there is no legal capacity for me to suggest any other site. Each application must stand on its own merits. I am not against marinas; just not on that site. 
Hon Dr Nick Smith 
: When he told the House yesterday that he had “followed due process” does he consider it due process to tell his mates in advance of the decision get them to organise an email campaign supporting his decision and then use those emails to justify his decision? 
Hon CHRIS CARTER 
: At no point did I tell my mates or people who were not my mates what my final decision was going to be. As I have already answered I welcome people lobbying me on issues. It is good for politicians to hear from the public. 
Hon Dr Nick Smith 
: How does he reconcile his statement to the  
Waikato Times 
 on 7 March that he was seeking more information prior to making a decision on the Whangamata marina with the email on 3 March stating that Chris Carter is going to “pull the plug on the marina but is asking us to back him up.”? 
Hon CHRIS CARTER 
: I am not responsible for what other people send out by email. If I had sent that email myself I would be responsible but I did not. 
Hon Dr Nick Smith 
: Does the Minister consider 13 years to be a reasonable time in which to process a resource consent; if not what will he do to change things? 
Hon CHRIS CARTER 
: I am sorry to announce to the House that I am not the Minister responsible for the Resource Management Act processes. That Act was passed by the National Government of course in 1991. 
Hon Dr Nick Smith 
: Why did the Minister not use the powers in section 119(4) of the Resource Management Act which provides that the Minister may refer the application back to the hearing committee or the Environment Court if he has a genuine concern about the scrutiny of the Environment Court? 
Hon CHRIS CARTER 
: I was intrigued when Dr Smith a former Minister of Conservation raised this issue yesterday. I sought legal advice from the Department of Conservation’s legal section and was told that such a thing is not legally possible. Either the lawyers have got it wrong or Dr Smith has once again. 
Hon Dr Nick Smith 
: I seek the leave of the House to table a document of a former Minister of Conservation Sandra Lee which referred the Whitianga marina back to the Environment Court. 
Document not tabled.