Criticism lands Dover Samuels in hot water

Dover Samuels

Labour Minister Dover Samuels was summoned to Helen Clark's office for a "please explain" yesterday, after publicly criticising the veto powers which enabled the Conservation Minister to block the Whangamata Marina.

Mr Samuels answered a question in Parliament on the issue but was told to otherwise keep quiet, as the Government - rocked by David Parker's resignation from Cabinet - continued to try to restore a sense of stability and unity, despite the ill-timed setback.

The Opposition sought to exploit the apparent rift between Mr Samuels, an Associate Economic Development Minister, and Conservation Minister Chris Carter.

National MP Nick Smith, who has accused Mr Samuels of breaching Cabinet collective responsibility, led the charge but was expelled from the House after repeatedly expressing the Opposition's frustration at Speaker Margaret Wilson's handling of the debate.

Mr Samuels criticised the RMA process involved in applying for resource consents for developments like marinas as "convoluted and lacking certainty" in Monday's Herald.

He went further in the Independent newspaper yesterday.

"Ministers should not be allowed to overturn the decision of a jury or a court ... it undermines the integrity and the process, and the people who hear the evidence and who have the facts before them."

The Conservation Department's concerns should be "front-ended" he said, meaning they should be resolved either way at the beginning of the process and should not be given a second bite of the cherry, via the minister, to turn the consent application down after an Environment Court hearing.

Under the RMA, the court makes recommendations for coastal consents but the minister has the final say.

Helen Clark and Mr Samuels - who both refused to confirm the morning meeting - worked to publicly smooth over any differences.

Mr Samuels did a u-turn in Parliament, saying Mr Carter "should have overall jurisdiction in terms of the final decision under the act."

Helen Clark denied through a spokesman that Mr Samuels had breached Cabinet rules, suggesting he was criticising the law rather than Mr Carter's actual decision.

"He expressed a view about the process and that's a legitimate view to express. Dover and Chris are old friends and there's been no cross words between them," he added.

Mr Samuels' attempts to defend his stance infuriated National and Act.

He said the Independent statements "were made from my experience as a member of the Far North District Council, both as a councillor and a member of the hearings committee on the council over a number of years".

Act leader Rodney Hide said Mr Samuels - in his 10th year as an MP - was attempting to say he was "speaking then [in the paper] not as a minister but in some other capacity ... he is a member of the Crown 24/7, 365 days a year."

A lengthy debate about the propriety of Mr Samuels' maintaining he was wearing a different "hat" and how questions could be asked in relation to this claim ensued.

Green MP Metiria Turei said Mr Samuels had berated and ridiculed Maori during the foreshore debate as he promoted his Government's right to overturn the Appeal Court's finding.

The Whangamata Marina Society is appealing against Mr Carter's decision.