Exchanges Over Summit Road Protection Bill

Press, Volume CVIII, Issue 31831, 8 November 1968, Page 12

Exchanges Over Summit Road Protection Bill

(From Our Own Reporter)

WELLINGTON, November 7.

Lively exchanges and a challenge as to which was supreme, Parliament or the Executive Council, occurred when the Summit Road (Canterbury) Protection Amendment Bill came up for its third reading in Parliament today.

On the motion of the Leader of the Opposition (Mr Kirk) the third reading was discharged, and the bill was recommitted.

When the bill was called, Mr Kirk said that when it was before the Committee of the House three weeks ago he had moved an amendment which would have made certain provisions as to the observance of scenic factors binding on the Crown. The House had accepted this, Mr Kirk said. Later, however, he had received a letter from the Acting Prime Minister (Mr Marshall) saying that the amendment was unacceptable, as it was binding on the Crown. Acceptance of it would have invoked a Governor-General’s message. “Small Matter”

Mr Kirk: Surely this is a small matter, who is supreme, Parliament or the Executive? During a clash with the Minister., of Defence (Mr Thomson) Mr Kirk charged that during the hearing in Committee of the House, Government members did not know what was going on. The Chairman of the Local Bills Committee (Mr H. R. Lapwood, Nat., Rotorua), said he deplored Mr Kirk’s action. If it succeeded, the bill, which was almost through, might have to be delayed.

Mr A. J. Faulkner (Lab., Roskill): The Government action is making a fool of Parliament. Amid a series of exchanges, Mr Thomson said Mr Kirk was “entangled in his own machinations.”

There were charges that Mr Kirk had breached Standing Orders when moving the amendment. This was denied. Mr Kirk said that members had copies of the proposed amendment, and that he had given an explanation.

Mr R. M. Macfarlane (Lab., Christchurch Central): There was no breach of Standing Orders. The House gave the amendment its approval. Bound By Law The Minister of Electricity (Mr Shand) said that Parliament was bound by its own law. He cited the Constitution Act of 1852.

Opposition voices: Who makes the law?

Mr Macfarlane: How do you bind the Crown? “I believe this is one issue where the Crown should consent to be bound in the national interest,” said Mr J. Mathison (Lab., Avon). “It could have been done simply by this amendment.” The Minister of Internal Affairs (Mr Seath) said that when the matter came up in Committee of the House three

weeks ago, Mr Kirk had moved the amendment without explanation. Mr Kirk: I gave a brief explanation. If anyone on the Government side had been interested, they could have asked for more. The amendment as put forward was fully in accordance with Standing Orders, he said.

The real issue is not the protection of the Summit Road, but whether Parliament is supreme. If Parliament says the Crown should be bound, that is the way it should be. A minister has no authority to set aside the authority of Parliament The Prime Minister (Mr Holyoake): Parliament is supreme. I give you my word on that.