Finlayson Christopher: National War Memorial Park (Pukeahu) Empowering Bill — Second Reading 
Text is incorporated into the Bound Volume 
Finlayson Christopher: National War Memorial Park (Pukeahu) Empowering Bill — Second Reading 
[Sitting date: 25 September 2012. Volume:684;Page:5569. Text is incorporated into the Bound Volume.] 
Hon CHRISTOPHER FINLAYSON (Minister for Arts Culture and Heritage) 
: 
 I move  
That the National War Memorial Park (Pukeahu) Empowering Bill be now read a second time 
. As is well known this bill is required to enable the National War Memorial Park or Pukeahu to be completed by April 2015. Unlike the 2008 plan that was proposed this project will entail the undergrounding of Buckle Street in front of the National War Memorial. The park will consist of a large plaza for commemorative ceremonies flanked on either side by landscaped areas with trees seating and walkways. Without the legislation it would simply be impossible to complete this work by April 2015. 
There is broad consensus across the House and throughout New Zealand about the need for the project. The site is nationally significant and the new park will be a valued local amenity for the people of Wellington. In order to complete the park in the required time the bill grants resource consents heritage authorisations and building consents and provides the designation powers of entry on to land and property rights to the two Government agencies that are tasked with this work: the Ministry for Culture and Heritage and the New Zealand Transport Agency. The bill removes the standard objection and repeal rights available under the Resource Management Act 1991 the Historic Places Act 1993 and the Public Works Act 1981. Rights to compensation under that latter Act are however preserved. 
Although the bill grants authorisations and rights it makes them subject to a range of checks and balances including the usual associated conditions. Some conditions require plans or documents to be produced and the bill will introduce a process for certifying independently that these documents satisfy the requirements of the conditions. In the event that further consents are required the bill enables the Governor-General to grant them by Order in Council on the recommendation of the Minister of Transport or the Minister for Arts Culture and Heritage. Orders in Council can be used only to achieve the stated purpose in the Act and there are a limited number of Acts that are affected. 
Importantly the bill establishes an independent review panel to scrutinise any recommended Orders in Council. In addition the bill provides for parliamentary scrutiny by establishing an expedited disallowance process. Equally important a community forum is set up by the legislation. It will comprise key stakeholders who will provide information and advice in relation to the park. I anticipate that this will be supplemented by a series of public information meetings. The member for Wellington Central and I have in fact attended our first such meeting at Mt Cook School a week or so ago. The provisions in the bill overriding normal statutory processes will expire on 31 July 2015. 
Grant Robertson 
: It’s always a pleasure. 
Hon CHRISTOPHER FINLAYSON 
: Did the member say it was a pleasure to be in my presence? I thank him for that. I am touched. 
It has been necessary to impose a tight deadline on this legislation to ensure that work on the undergrounding can begin as soon as possible. That has put a lot of pressure on everyone involved including the sturdy members of the Transport and Industrial Relations Committee and I thank them for their tireless efforts. That committee received 18 submissions from interested groups and individuals and heard eight submissions. Principal matters raised concerned the purpose of the bill constitutional issues public engagement and the community forum Orders in Council and the role of the review panel. A number of changes to the bill have been made to address some of the very good submissions that were proposed by various submitters. I particularly refer to Taranaki Whanui. 
So what are these amendments? Submissions on clause 3 which deals with the purpose of the bill included the suggestion that the park needed to recognise 19th century New Zealand wars. I totally agree with the sentiment but also note that the purpose of the park itself is outside the scope of the bill. Clause 4 has been amended to clarify the circumstances under which the provisions of the Wellington City district plan have effect for the purposes of interpreting and administering the bill. The definition of “Park land” in clause 5 has been amended to include additional land parcels. These changes more accurately reflect the area intended to constitute the park. Landscaping work can be much better integrated and subject to the same fast-track processes for the duration of the legislation. Clause 5A clarifies the legal status of the plans in schedule 10 to ensure that where there is an inconsistency between the boundaries marked on the plans and the legal description of the land the legal description prevails. 
The Port Nicholson Block Settlement Trust the Wellington Tenths Trust and other submitters raised concerns about the general grant of resource consents and the potential extension of those consents beyond the lapsing date of 31 July 2015. Clause 7(5)(b) has consequently been amended to provide that a resource consent granted under the bill will lapse “unless on or before that date—(ia) the resource consent is given effect to; or (i) substantial work of any kind relevant to the consent has been commenced;”. Clause 7(6) specifies that “In considering an application … the consent authority must take into account—(a) whether substantial progress or effort has been and continues to be made towards giving effect to the consent; and (b) whether the applicant has obtained approval from persons who may be adversely affected by the granting of an extension.” 
There is an amendment to clause 9 regarding authorisations for work on archaeological sites and the effect of that is to remove reference to the Ministry for Culture and Heritage. This is because a number of necessary archaeological authorities have already been obtained from the New Zealand Historic Places Trust under existing statutory arrangements. An amendment to clause 16(2) will allow the chief executive of the Ministry for Culture and Heritage to delegate the powers of entry that would be conferred by the bill. 
In their minority report the Greens expressed concern about the potential proliferation of legislation that overrides appeal rights of other statutes and empowers the Governor-General to grant Orders in Council. I can assure them that other alternatives were carefully and fully explored including expedited consenting procedures under the Resource Management Act but none of these could guarantee the completion of the park in the necessary time. 
I assure my colleagues that this bill has been drafted to meet the very particular circumstances. It has a narrow focus. The applications are closely prescribed and they apply for a finite period. The intent behind the Order in Council procedure is to provide a measure of last resort and I can assure the Greens that the bill has safeguards in place around the use of Orders in Council including scrutiny of all recommended Orders in Council by a review panel and a speedy disallowance procedure by Parliament. The committee has further augmented these safeguards and we accept them. Under clause 24(4) a Minister must not recommend the making of an Order in Council unless satisfied that all other reasonably practicable ways relevant to the particular circumstances have been looked at and in particular taking into account the objective of completing the park by April 2015. 
I mentioned the community forum. The membership and role of that forum have been addressed by amendments to clause 36 and I believe that that is going to be a very valuable forum to provide advice and information on the design of the park. It will meet at least three times a year. There have also been some minor changes to the schedules but I can go through those in the Committee stage. 
In conclusion I want to thank the Mayor and the Deputy Mayor of Wellington and the Wellington City Council for their enthusiastic support for the project and the pledge by the council to provide $5 million towards the creation of the park. I appreciate the relationships I have developed with community representatives during the consultation phase of this project which in my case go back to 2008 and I very much look forward to working with them as we move to make this great park a reality.