Principles abandoned, says Mr Lange

Press, 6 December 1979, Page 6

Principles abandoned, says Mr Lange

PA Wellington The Government had, in spite of denials, abandoned principles in accepting the revised National Development Bill, said the Deputy Leader of the Labour Party (Mr Lange) last evening. There had been changes of principle, but not enough of them, Mr Lange said, after the Government took urgency in Parliament on the second reading debate. “If the bill had gone through the way the Government proposed, we would ;not have had access to the kourts,” he said. J “The Minister would have seized the powers that he now reluctantly hands on.” People throughout New Zealand had been striving to call the Government to heel in its pursuit of centralised Executive power, Mr Lange said. The message has come across to the Government that it is its own people who have been the most vociferous against the bill. “The Opposition and the people of New Zealand opposed the provision which: prevented the courts from! saying that the Government! in promulgating an Order-in-Council had acted contrary to law,” Mr Lange said. That had now been abandoned by the Government, he said. The bill was still not ap- i propriate. The Opposition be- i Keyed there were substan-1

itial changes which needed Ito be incorporated. I Where the Minister of 'National Development departed from the Planning 'Tribunal’s recommendation ;by promulgating an Order-in-Council different from that recommended by the tribunal, that order ought to !be ratified by Parliament before it became law, he said. The bill ought to be restricted to energy projects I only. Also, the act should ; expressly say that the Minister of National Developmfent could not evoke the I “fast track” in respect of I Maori land. A Labour Government I would introduce special acts of Parliament allowing for ■public hearings on specific ! development projects, Mr ■Lange said. The bill was substituting 'Government decision-making |for judicial decision-making jin a move unparalleled in New Zealand or the Commonwealth, said the Government member for Hamilton West (Mr M. J. Minogue). The bill removed the power of decision-making ifrom the best planning tribunal in New Zealand and iallowed it to make recommendations only, he said during the debate. Mr Minogue said that the Order-in-Council which could depart from the recommenIdations of the tribunal starkly confirmed the position the Government had I created.

1 The Minister of National Development (Mr Birch) said f the changes to the original -bill by the Land and Agrii' culture Select Committee i had improved the bill and -clarified the Government’s tj intentions. 8 He said the Government 3 had been concerned about -Iwhat seemed to be a growing !.'tendency to use the courts - simply to delay decisions. s “Originally the bill pro--1 posed to reduce delays in the -'courts by severely limiting the opportunities for people s I to seek court review of deciCsions made under these procedures,” Mr Birch said. It was now proposed that 1 access to the court should be prevented but if and -1 when court action occurred r the time for such action ,: should be limited. ’ On balance he supported' J (these changes. Mr Birch said. ’; The bill provided a “fast; ’■track” which could be used! . i for major projects. ! “I would like to provide a (fast track for every project; >! — large, medium, or small. J'That is not immediately pos-i jsible but the Government in-1 'i tends to give early attention . to a review of all proce- i I'dures,” he said. ; The tribunal set up by the. ■ bill would act in a manner 1 very similar to a commission ■ of inquiry, Mr Birch said. ' I What was now proposed' • was that the tribunal’s re-i I port be made public at least 28 days before the Gover-

I nor-Genera! could by Order-liin-Council declare the work 1 to be of national importance - and grant consent. ? Mr Birch said he had some 1 reservations about this s 'change but thought it was worth a try. t The Social Credit leader H(Mr B. C. Beetham) said the libill allowed overseas inter- > ests to take over and control the development of New Zea-' '. land resources. JI “On these grounds alone I I believe the bill must be -■opposed.” he said. ■| The Labour member for. -i Christchurch Central (Mr G. !W. R. Palmer) said the mea-l II sure as reported back from i'the committee was still bad. i'but no longer evil. 1: The main constitutional ob-

jections been removed, but the role of Parliament should be strengthened by requiring that it ratify Orders-in-Council where they vartad any recommendation of the Planning Tribunal. The under-Secretary of Energy (Mr Brill) said proposals to change standing orders of the House, which would probably be considered in Parliament next week and inevitably adopted, would allow any five mem-,

, here of Parliament ta t Orders-in-Council to the statutes revision committee at ■ any time for study and reI ! port. >■ This committee was entitled to undergo a thorough ■ inquiry as to why the Order -in-Counci! was passed and ' could call witnesses, including departmental heads, l 0 give evidence. The House adjourned with the second reading not coir,,pleted.