13 May 2009
Speaker clarifies Schmucky affair
The assessment by the Speaker, Hon Dr Lockwood Smith, that clauses in a Government Bill conferring benefit on Doug
Schmuck may be private clauses and should not have been included, was welcomed today by Green Party Co Leader Dr Russel
Norman.
The clauses were inserted during consideration of a Government Bill (Reserves and Other Lands Disposal Bill) at Select
Committee stage denying opponents the right to submit on them. The clauses enable Mr Schmuck to build structures and
occupy public reserve land adjacent to his boat yard at Opua.
After discovering the process around the inclusion of the Schmuck clauses Dr Norman wrote to the Speaker seeking his
guidance on the process involved.
“The Speaker’s letter is a small victory for democracy. Public bills should not be used for private purposes,” said Dr
Norman.
“Clauses that confer private benefit to one person in a community at the expense of another part of the community should
not be secretly added to bills in Select Committee without public consultation.
Dr Norman is still concerned by one part of the Speaker’s response to him. The Speaker’s letter points out that there
are amendments being contemplated to resolve the issue.
“The danger with proposed amendments is that the Government may simply redraft the clauses so that any member of the
public can apply to build and occupy the public reserve at Opua. This would make the clauses technically ‘public’ rather
than ‘private’ clauses.
“This leaves two problems. Firstly, the only beneficiary of such an amendment is likely to be Mr. Schmuck, so it is
still in effect a private clause.
“Secondly, to the extent that it is public, then all and sundry can apply to occupy the land and build structures on it.
This will create more hassle and expense for the Far North District Council.
“What about the simple solution of leaving the law as it is – that way the public reserve remains for the public, and Mr
Schmuck can continue to take boats over the reserve without occupying it, as has been the practice for decades.”
ENDS