Wednesday, June 13, 2018



The harsh reality of government

Yesterday Land Information Minister Eugenie Sage granted a consent under the Overseas Investment Act for a Chinese water bottling company to buy land near Whakatane, effectively allowing them to suck the Otakiri Springs dry for foreign profit. Green Party members are naturally upset because the consent flies in the face of local Treaty claims and is contrary to party policies aimed at ending foreign water-theft, or at least charging a fair resource rental for it. Unfortunately here they're up against the harsh reality of government - namely that being in government doesn't mean you get to do what you want. Our Ministers are not despots, and have to obey the law - and the law on granting foreign companies consent to purchase sensitive land is very specific and doesn't let the Minister refuse consent just because her party wants her to. And because the law does not include a Treaty clause (or any respect for Maori rights), she couldn't refuse on those grounds either. Basicly, Sage had no choice but to grant the consent - and if she had refused it, the decision would likely have been overturned by judicial review.

If the Greens want this to change, they need to change the law - and that means negotiating with their coalition partners, both to obtain the necessary parliamentary majority to make it happen, and to get space in the legislative calendar against all the other things the government wants to do. Until that happens, the Minister just has to obey the law. This will no doubt mean making decisions she doesn't agree with, but that's the reality of government for you.