Clerk investigating complaint against select committee
Parliament's Clerk of the House is looking into whether select committee changes inserted into a bill have offered an individual benefit to Bay of Islands boatyard owner Doug Schmuck.
Speaker Lockwood Smith told NZPA today he had received a complaint about the actions of the primary production select committee, and it had been referred to Clerk Mary Harris.
Legislation should not deliver a private benefit, but should be able to be applied to general situation.
"I expect a remedy will be found in due course," Dr Smith said.
The Green Party last week revealed the committee had recommended clauses legalising use of a foreshore reserve by Mr Schmuck.
The Greens accused local MP John Carter, Associate Minister of Local Government, of being behind the changes to the Reserves and Other Lands Disposal Bill the committee was dealing with.
Dr Norman said local residents had opposed allowing the land to be used for a slipway and no one knew the committee was going to insert new clauses into the bill.
Mr Carter said he did not have anything to do with the committee's decision, which had been made on the basis of a submission from Mr Schmuck.
The Bay of Islands Coastal Watchdog Society has written to Dr Smith, asking that the clauses be deleted, Radio New Zealand said today.
Chairman Maiki Marks said Mr Schmuck had consent foir his slipway, and no one objected to that.
The problem was that the proposed bill allowed for a concrete washdown area and the cleaning or repair of boats on the reserve, which was not compatible with the reserve's use as a coastal walkway.
Mr Carter said last week the boatyard had used the land for about 80 years until it was put into a reserved category. The issue had been festering for at least 20 years and had cost ratepayers and taxpayers about $600,000 in legal costs.
The legislation still has to go through its remaining stages in Parliament before becoming law.
Meanwhile, Auckland lawyer Richard Brabant said the select committee had also acted to legalise an unlawful marine farm. He acts for the Yacht and Boating Association, and landowners.
He told Radio New Zealand that in nine years not one court upheld that the Coromandel Marine Farmers Association marine farm in Coromandel Harbour had consent.
The select committee slipped clauses into a bill, giving the farmers retrospective permit.
"It seems to me wrong in terms of fundamental justice principles that where this type of proposal comes before a select committee, that it deals with it without hearing all sides of the position."
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