New ACC chairman walks into row

John Judge and ACC chief executive Dr Jan White undergoing questioning from the transport and industrial relations committee. Photo / Mark Mitchell

ACC chairman John Judge yesterday cast doubt on whether he asked ACC Minister Nick Smith to act on his behalf at a parliamentary committee.

Mr Judge was making his first appearance before Parliament's transport and industrial relations committee as ACC board chairman since his appointment last month after Ross Wilson was sacked.

The timing and process of Mr Wilson's sacking and Mr Judge's subsequent appointment was the subject of a complaint to Speaker Lockwood Smith. The complaint was subsequently dismissed.

Labour alleged Dr Smith misled the House by saying on March 12 that he had appeared before the committee that same day because Mr Judge was not available.

Labour says Dr Smith had been told by the Labour Department on March 11 that he had not correctly sacked Mr Wilson. That meant Mr Wilson was still legally chairman and Mr Judge was not appointed.

Mr Judge yesterday told the committee he was not sure when he was officially appointed. But he made it clear to Dr Smith he could not appear before the committee on March 12 because of a prior commitment; he was "freezing myself to death riding into a headwind on the [Central Otago] rail trail".

He had told Dr Smith before being appointed he would not be available that week as "I had a longstanding arrangement to do parts of the rail trail with my wife and two friends and I intended to keep that".

In Parliament yesterday the committee's chairman, David Bennett, said that to his knowledge no invitations were issued for the meeting.

"It was agreed the minister would attend that meeting, which does not necessarily mean the minister was replacing Mr Judge."

Mr Bennett said the agreement was "between myself and the minister".

At yesterday's committee meeting, Labour MP Trevor Mallard asked Mr Judge whether he specially asked Dr Smith to act for him.

"There is actually quite an important constitutional issue ... you have no memory of asking him to act for you?" said Mr Mallard.

Mr Judge replied: "I doubt if I would have used those specific words.

"To put this in context, I was sitting in the middle of a reasonable party with half a dozen people in St Bathans [in Otago] at the time.

"I certainly didn't write down exactly what I said ... I certainly asked him to appear here and to convey my apologies."

Mr Judge told the committee that before accepting the role he established that the Government and Dr Smith were committed to maintaining a "24/7 no fault ACC scheme.

"In fact, I would not have taken the job had it been otherwise."

- NZPA