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Tiêu đề Government Inquiry Into Havelock North Drinking Water
Tác giả ATS International Limited, Barry Erickson, Choose Clean Water Group, Chris Perley, David Renouf, Department of Internal Affairs, Dr Nicholas Jones, Fred Robinson, Gary Roselli, GNS Science, Green Party of Aotearoa/NZ, Guardians of the Aquifer, Hastings District Council, Havelock North Business Association, Hawke’s Bay District Health Board, Hawke’s Bay Regional Council, Institute of Environmental Science and Research Ltd, Jerry Hapuku, Jessica Soutar Barron, Keith Gosney, Keith Thomson, Kevin Trerise, Local Government New Zealand, Lorentz Agrology, Matthew Nolan, Ministry for the Environment, Ministry of Health, MWH New Zealand Limited, Nick Mansell, Pauline Hayes, Plumbers, Gasfitters and Drainlayers Board, Robert Molony, Sara Gerard, Transparent Hawke’s Bay Incorporated, Victoria Whanga-O’Brien, Water New Zealand
Người hướng dẫn N S Gedye QC, A R Linterman, Ms Cross, V E Casey, N S Ridder, H E Atkins, B J Matheson, B R Arapera, N T Butler
Trường học Hastings District Court
Chuyên ngành Government Inquiry
Thể loại Hearing Transcript
Năm xuất bản 2017
Thành phố Hastings
Định dạng
Số trang 804
Dung lượng 1,52 MB

Nội dung

1A IN THE DISTRICT COURT AT HASTINGS IN THE MATTER OF GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER PARTIES: ATS INTERNATIONAL LIMITED BARRY ERICKSON CHOOSE CLEAN WATER GROUP CHRIS PERLEY DAVID RENOUF DEPARTMENT OF INTERNAL AFFAIRS DR NICHOLAS JONES FRED ROBINSON GARY ROSELLI GNS SCIENCE GREEN PARTY OF AOTEAROA/NZ GUARDIANS OF THE AQUIFER HASTINGS DISTRICT COUNCIL HAVELOCK NORTH BUSINESS ASSOCIATION HAWKE’S BAY DISTRICT HEALTH BOARD HAWKE’S BAY REGIONAL COUNCIL INSTITUTE OF ENVIRONMENTAL SCIENCE AND RESEARCH LTD JERRY HAPUKU JESSICA SOUTAR BARRON KEITH GOSNEY KEITH THOMSON KEVIN TRERISE LOCAL GOVERNMENT NEW ZEALAND LORENTZ AGROLOGY MATTHEW NOLAN MINISTRY FOR THE ENVIRONMENT MINISTRY OF HEALTH MWH NEW ZEALAND LIMITED NICK MANSELL PAULINE HAYES PLUMBERS, GASFITTERS AND DRAINLAYERS BOARD ROBERT MOLONY SARA GERARD TRANSPARENT HAWKE’S BAY INCORPORATED VICTORIA WHANGA-O’BRIEN WATER NEW ZEALAND Date : August 2017 Court: Hastings Courtroom Appearances: N S Gedye QC and A R Linterman and Ms Cross as Counsel assisting the Inquiry V E Casey for Hastings District Council N S Ridder for Hawke’s Bay District Health Board H E Atkins for Water New Zealand B J Matheson for Regional Council B R Arapera with N T Butler for Ministry of Health, Ministry for Environment and Department of Internal Affairs GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER BEFORE THE HONOURABLE JUSTICE LYNTON STEVENS QC, DR KAREN POUTASI AND ANTHONY WILSON ED* JUSTICE STEVENS WELCOMES PARTIES: E te Mana Whenua, Ngāti Kahungunu, e ngā iwi katoa o Heretaunga Ararau, e āku hoa whakawā, e te iwi e hui nei, Māori, Pākehā hoki, nau mai, haere mai ki tenei nohonga whiriwhiri i te kaupapa nei, he taonga te wai, he oranga te wai, tēnā koutou, tēnā koutou, tēnā koutou katoa To the original authority of this land, Ngāti Kahungunu and to the peoples and communities of the Hastings District, Heretaunga of the hundred paths, to my fellow panel members and all present, welcome to this sitting of the Inquiry We are here to discuss the important issues of stage recognising that water is life-giving and precious My greetings to you all GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) The Inquiry wishes to acknowledge that this week marks the first anniversary of the campylobacter outbreak in Havelock North We should all pause at the outset of the hearings to remember those who died, those who became sick and those whose businesses were disrupted by those events This second stage of the Inquiry is important not only to the people of Havelock North, but also to all New Zealanders Madam Registrar, would you please take appearances from Counsel MR GEDYE: May it please the Inquiry, my name is Gedye and I appear as counsel assisting and with me Ms Cuncannon, Ms Lintoman and Ms Cross JUSTICE STEVENS: Thank you, Mr Gedye, thank you MS CASEY: May it please the Inquiry, my name is Ms Casey, I appear for the Hastings District Council JUSTICE STEVENS: Yes, good morning, Ms Casey MS ATKINS: May it please the Inquiry, my name is Ms Atkins and I appear for Water New Zealand JUSTICE STEVENS: Ms Atkins, welcome MR MATHESON: May it please the Inquiry, Matheson for the Regional Council JUSTICE STEVENS: GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) Mr Matheson MS ARAPERE: Ki te kaiwhakawa me te panera, tena koutou Ki nga iwi kainga o tenei waahi, Heretaunga Matarau, tena koutou katoa May it please the Inquiry, Ms Arapere for the Crown, I appear with Ms Butler Sir, I note that Ms Butler and I are responsible for different issues during the hearing week, so at some points Ms Butler will be on her feet asking questions and at other points I will be on my feet asking questions JUSTICE STEVENS: No, that is helpful, Ms Arapere And if you – it would help us and probably the stenographer because all of the hearing is being recorded, if you could indicate when each of you rise who you are appearing for MS ARAPERE: Yes Sir, thank you Sir MS RIDDER: May it please the Inquiry, Ms Ridder for Hawke's Bay District Health Board JUSTICE STEVENS: That is all counsel and Mr Gedye is now going to make a short opening address and then he will introduce the members of the panel, the first panel Yes, Mr Gedye MR GEDYE: Thank you Sir This is the second hearing which is being held on Stage matters Some time ago, the Inquiry published a list of issues for Stage The focus of Stage is on prevention of recurrences of an outbreak, on whether changes are needed and if so, what changes should be made for the drinking water system In June, a hearing was held on two of those issues, namely the current and ongoing safety of the Havelock North water supply and also the question of collaboration between agencies This week’s hearing GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) is to address the remaining issues in that list, being issues to 24 The schedule setting out the issues for the hearing is on the website and I will shortly run through the programme for this morning The process for this hearing was set out in minutes and issued by the Inquiry The Inquiry determined that it would be most helpful to proceed primarily by way of written submission and these were required by the 21 st of July and a large number of submissions have been received I think it is fair to say that they are all of high quality and thoughtful and a great deal of work has gone into them and the Inquiry is very grateful for that work and all of the thought It was not contemplated that there was any need for parties to each come along and speak to their written submissions They are all of a quality and a clarity that simply makes it unnecessary Unlike a Court case, this is an Inquiry under the Inquiries Act It proceeds in an inquisitorial way It is for the Inquiry panel to determine what it needs to know, what it wants to find out and who it wants to hear from On that basis, there is no general process for parties to make oral submissions or to be heard or to call further evidence There is neither the time for that, nor is it seen as necessary Instead of that, the panel has determined that the most useful use of this week is to conduct panel discussions We have assembled panels of experts and we propose to put the key issues to the panels, one by one, throughout the week and to hold panel discussions Counsel for the core participant parties will then have an opportunity to ask panel members questions and we hope that through this process the best illumination of issues will occur There are two exceptions to that panel process; one is that the Inquiry has determined that it should hear from the Director-General of Health In the same way it has asked to hear from evidence on several occasions from the CEOs of the District Council, the Regional Council and the District Health Board So on Thursday morning, Mr Chuah the Director-General of Health will come and give evidence to the Inquiry And on Friday the three CEOs, or their designates for the Regional and District Councils and the Health Board will also give evidence, primarily about the drinking water strategy; where it is now, where it is going and the current state of affairs with the Havelock North Drinking Water GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) Just turning to the proposed programme for today The schedule of hearing is remaining somewhat flexible but we propose to start with key principals for drinking water safety The Inquiry believes it is important to lock these in and to consider whether there are others They provide a foundation for all consideration of drinking water The second topic will also be a general one which is the risks to drinking water The nature and extent of them and what we are really addressing when we talk about drinking water safety Next is a big question and a high level one Should all drinking water be treated? After that there is the question of whether the secure classification which is currently in the drinking water standard should be abolished or modified And as part of that we will also be looking at bores and casings and issues about those This afternoon we propose to deal with more structural issues; not structural in a literal sense but in an industry sense, the accountability and transparency of suppliers, dedicated water supply entities, whether there should be a drinking water regulator and the role of the Ministry of Health Mr Chair, I propose to just move to the panel session number if that is acceptable JUSTICE STEVENS: Yes and it might be convenient for members of the public that you introduce the members of the panel please MR GEDYE: Yes I propose to start that way So panel members, I wonder if you could each introduce yourselves briefly, who you are, who you are associated with, if anyone and a very concise description of your qualification and experience in relation to drinking water Could I start with you please Dr Fricker? GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) DR FRICKER: I am Colin Fricker, I have a PhD in Microbiology and 30 years experience in water microbiology and water quality I run my own international consulting company since 2000 and previously worked with Thames Water in the UK which is the largest UK water utility I was a scientific advisor to the Sydney Water Inquiry in 1998 and have worked with both private and public water suppliers across the world and with regulators such as USEPA where I gave advice on Cryptosporidium Regulations I have also worked extensively with both ISO and the World Health Organisation JUSTICE STEVENS: You gave an acronym there Would you like to – DR FRICKER: International Standards Organisation JUSTICE STEVENS: That would be helpful for the stenographer because she is grappling with – I imagine a whole range of acronyms and short forms so for all panel members, try to be thoughtful for the stenographer DR DEERE: I am Daniel Deere Like Colin I have a PhD in Water Microbiology and my background was primarily in water supply as an employee of Water Utilities, one in Melbourne and then one in Sydney and since 2003 I have been a freelance water safety consultant and undertaken a lot of work for places like World Health Organisation and Asian Development Bank in the region as well as working in Australia primarily with Water Utilities and health departments help develop water safety plans and assessing risks to water safety MR GEDYE: Thank you Dr Deere Can I just pause to ask the Head of Secretariat, is it necessary to pick up the microphone GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) MR RABBITTS: My name is Ian Rabbitts I am a chartered professional engineer with an Honours Degree in Chemical Engineering I have been working designing water treatment plants for over 25 years in the UK, here, the Middle East, around the world and I have spent the last 18 years in New Zealand I currently work for Harrison Grierson Consultants although the opinions I express are my own, not the company’s MR GEDYE: Dr Nokes? DR NOKES: My name is Chris Nokes I have a PhD in Physical Chemistry, I have been working in the field of drinking water since 1985, initially with the DSIR and subsequently with ESR since 1992 I am a science leader within ESR at present; the bulk of my work is advising the Ministry of Health on drinking water issues, also DHBs and I presently have a contract with Hastings District Council to assist t hem with their water safety planning The opinions that I will give today are my own, not of the Ministry’s, or the DHBs or Hastings District Council MR GEDYE: Thank you Dr Nokes Mr Graham? MR GRAHAM: Kia Ora My name is James Graham, I have a Master’s Degree in environmental studies, BSc in Environmental Science, a national diploma in drinking water, assessors strand, Diploma in Environmental Health Science and a Diploma in Teaching I have had about 25 years experience in the drinking water industry I currently work for Opus International Consultants, I am a principal environmental scientist with them I have been there nine years and the work I is largely working with local authority and other water suppliers, assisting them with managing risks with writing Water Safety Plans, GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) with issues around central bore heads, a whole range of things, treatment options et cetera Prior to that I spent three years from 2005 to 2008 with the Ministry of Health where I worked on the Health Drinking Water Amendment Act and its passage through the House and as an advisor to the Select Committee; I worked on the Drinking Water Standards and I led the Ministry of Health drinking water assistance subsidy programme and prior to that I was with the Hutt Valley DHB, I was the national co-ordinator drinking water assessors I was a drinking water assessor and I was – in the 90s with the Auckland District Health Board where I was the protection officer So the last thing I would say is that the information I provide today is my own opinions and ideas and not that of Opus or Water New Zealand which I should have mentioned, I assisted them with their submission to this Inquiry as well so it is yes, just my own ideas MR GEDYE: And I would add members of the panel that it is my understanding, having arranged this panel of experts that none of them is giving evidence on behalf of their employer or their organisation They are all here as experts, speaking about their ideas and views as experts, in effect independent of their organisations I would like to start with topic which is the principles underlying safer drinking water I want to deal with this only briefly because it is simply a foundation for the rest of the debate but it is thought useful to identify underlying and fundamental principles The six principles I would like to put to you for debate are from Professor Hrudey Many will be familiar with his book, or maybe more than one book on drinking water but also via Water New Zealand he has filed a submission to the Inquiry and that submission contained these principles I would just like to put these principles to the panel and ask you to comment on them and importantly to add any other principles you think qualify as a principle The first principle is that the greatest risk to consumers of drinking water are pathogenic micro-organisms Protection of water sources and treatment are of paramount importance and must never be compromised And as I read that, he is saying it is a GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 10 fundamental principle that you get bugs in the water and you must protect the source Dr Fricker, will comment on that? DR FRICKER: Yeah, I think that’s a universal principle that everybody accepts within the concept of managing water from source to tap, that the very first barrier in place to protect the public is to protect the source water MR GEDYE: Dr Deere? DR DEERE: Yes, I agree with that and I think it harks back to the origin of water supply and sanitation in the sort of middle to late 19 th century when it was understood that to stop huge proportions of the population dying of things like cholera and typhoid, you had to have protection of the water source and management of sanitation and if we forget that, we take that for granted now because it's done very well in developed countries but if we go back and forget that and break those barriers down, we get massive outbreaks as we've seen, for example, with the cholera outbreak in Yemen at the moment with hundreds of thousands of people, many dying of cholera because we've lost that, those basic barriers So that’s the first principle, the whole underpinning of water safety management is based on that principle MR GEDYE: Thank you Mr Rabbitts? MR RABBITTS: I haven't got anything to add to that I agree with the principle, yeah DR NOKES: No, I have nothing further to add either, thank you GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 533 Q Dr Poutasi did you have any questions? DR POUTASI: No JUSTICE STEVENS: Mr Gedye? MR GEDYE: I have no further questions JUSTICE STEVENS: In that event I’ll start with you Ms Ridder MS RIDDER: Nothing thank you Sir JUSTICE STEVENS: Ms Arapere? MS ARAPERE: No questions thank you Sir JUSTICE STEVENS: Mr Matheson? MR MATHESON: No thank you Sir JUSTICE STEVENS: And it just remains, you don’t have anything to say or you do? MS CASEY: No thank you Sir GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 534 JUSTICE STEVENS: Very good, thank you very much Mr McLeod for coming along and joining the other Chief Executives, it's been very helpful to be updated and I think the big thing from the panel’s point of view is to emphasise the urgency of continuing and making sure that we don’t lose money MR MCLEOD: Thank you that is certainly our focus as well and I would also like to thank the panel and the team, particularly for some of the suggestions that have been made, the suggestion of Dr Deere is someone we might explore in that field who's been particularly helpful to us JUSTICE STEVENS: Well if I might say on behalf of the panel he has been extremely helpful in a wider basis and we are hoping and we appreciated the fact that through your council you released him to the wider work that’s been going on on the caucus and hopefully other work that might go on in other, I'm not sure about the plural of caucuses but further work that will be done MR MCLEOD: Certainly through you Sir we have, whilst we are very focused on fixing our own particular set of issues and trying to keep our heads down on that, we're also conscious that we are able to perhaps contribute to the wider set of lessons to be taken and Dr Deere is hopefully our contribution towards that JUSTICE STEVENS: Thank you Very good Mr Gedye? MR GEDYE: Thank you, Sir Thank you, Mr McLeod It remains only in the programme I have in mind, Your Honour, that Ms Gilbert will present a report on the caucus and she and Ms Cuncannon are ready to that now I’m not sure if you want to take a brief break or whether you just want to have them in GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 535 JUSTICE STEVENS: No, let us just, I have a message to say they will be ready from 12.30 That time has passed so – MR GEDYE: Ms Cross has said they are ready now JUSTICE STEVENS: Well, bring them in Great Get on with it MR GEDYE: I don’t know if other counsel wanted an opportunity to ask Mr McLeod any questions JUSTICE STEVENS: I offered that They have had it I went round the troops MR GEDYE: Thank you I must be losing it JUSTICE STEVENS: We will just take a moment to read it through, Mr Gedye, if you not mind Now, Ms Gilbert, welcome back and might I also welcome back the other members of the caucus, except for Dr Fricker who had to disappear to get a plane So, Mr Barnes, welcome to you Ms Hofstra, nice to have you back again Dr Deere, likewise and Mr Rostron It is the first we have had the opportunity to greet you in person but, Ms Gilbert, would you like to just, we have it and have speed-read it in the time I have had available What I can say for the record is that counsel assisting has confirmed that Dr Fricker has sent an email confirming that he is in full agreement with the contents of the report of the sampling and monitoring caucus dated the 11 th of August 2017 So when appropriate, we will arrange for his signature to be appended to this document so it can be included as an appendix or an exhibit to our stage report So, Ms Gilbert, before I extend our thanks from the Panel, you GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 536 want to just say something about it and present it because I think it deserves – you have worked commendably promptly and fast The product is first class and appreciated but what you want to say? MS GILBERT: Would you like me to go through and read it or? JUSTICE STEVENS: No, no, no No, there is no need We can read and I am sure others will read it in due course MS GILBERT: Right I think all I'd really like to say is to thank the members of the caucus Everyone worked together very collaboratively and collegially and we look forward to working together as we implement the recommendations from the report JUSTICE STEVENS: Thank you Any other members of the caucus want to say anything? NO FURTHER COMMENT FROM CAUCUS MEMBERS JUSTICE STEVENS: Very well There was one other point that I had thought about There is obviously ongoing work to and I note the final point that there will be further information coming forward from the Ministry of Health in its report to the Inquiry on Friday the 22nd of September MS GILBERT: Yes, that’s correct GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 537 JUSTICE STEVENS: In the meantime, once Dr Fricker’s signature is appended to this document, is there any reason why this should not go up on the website? MS GILBERT: I can't think of any reason, Sir JUSTICE STEVENS: Any objection for any other members of the caucus? It is fully agreed It has been worked through with advice and with a lot of care and if it is on the website and if the Ministry, in terms of any communication with the industry, want to make use of it or refer to it, then you can refer to it as being on the website Yes, Ms Gilbert, there is one other matter that the Panel would like to address you on as a representative of the Ministry of Health Now, as part of the work programme that has emerged from this week, one of the real concerns surrounds the level of non-compliance and remember we discussed with the Director-General yesterday, one of the things that might be useful would be for either the Director-General or perhaps Dr McElnay to send a copy of the annual report for this year to each water supplier in New Zealand and ask that they draw their attention to the high level of non-compliance and ask for those that are crosses what is being done by their organisation, what steps are being undertaken to change the position? Because that might help to give real momentum, because you will recall that we also discussed the possibility of corresponding with the Medical Officers of Health and the DWAs to follow up, but one simple step would be to – so it got out there, so that the water suppliers with crosses against their supply and some of them have had crosses for the last five years, it's not just recent – then you might point that out to them and then that would start the momentum for change Does that make sense? MS GILBERT: Yes, it does Sir JUSTICE STEVENS: GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 538 Very well and maybe that is something that you could report both to the Director-General for us because we thought about it as we have been reflecting on the positive matters that came out of yesterday MS GILBERT: Very good JUSTICE STEVENS: And also Dr McElnay MS GILBERT: Yes, I will that Sir JUSTICE STEVENS: Great Very well, Mr Gedye anything else from you? MR GEDYE: No, I was going to suggest on that last item that the letters also be copied to the DWAs JUSTICE STEVENS: Oh, undoubtedly, I wasn’t excluding and the Medical Officers of Health for the relevant regions MR GEDYE: Yes JUSTICE STEVENS: Yes, we just wanted the process to start now, yes MR GEDYE: No, thank you Sir, I have nothing else JUSTICE STEVENS: GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 539 No? Well, in that case I would like specifically to thank this caucus because when we set up a caucus for the Science Caucus in Stage it worked exceptionally well You have had to work faster and under more time pressure than did the Science Caucus, but the results are nonetheless impressive and we thank you for that I think to us what it shows is what can be done and that’s exciting So in wrapping up, what I wanted to was to, on behalf of the Panel and the Inquiry generally, to acknowledge the respective contributions that have been made by all those that participated in the panels and discussions of the topics of the topics for Stage this week Secondly, to thank all counsel including counsel assisting and counsel for the core participants who have been here for their respective involvements and the support that you have brought to the working this week, but there is much more that still needs to be done Pleasingly, the Inquiry has noted a significant increase in goodwill, engagement and collaboration between the interested parties and for example I only need to cite the work of the Science Caucus – the Sampling and Monitoring Caucus and what has been produced The Stage report has demonstrated that there are a number of flaws and deficiencies in the present system for the supply of safe drinking water and changes are undoubtedly needed, but the Panel is impatient for progress So what would say is this To the extent that changes or improvements can be made without changes to the law, we would like to see these implemented without delay and it is pleasing that the experts who have been assisting the Inquiry, Drs Fricker, Dr Deere and Dr Nokes just to name a few, have indicated that they are willing and available to assist in the near future Any such improvements that can be secured will contribute to ensuring the safety of drinking water for all New Zealanders Action and urgency are required The risks of doing nothing are just too high to accept So on that note, Madam Registrar – yes, Ms Arapere? MS ARAPERE: My apologies Sir, I just did wish to raise one issue with you if I may? JUSTICE STEVENS: GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 540 Yes MS ARAPERE: Earlier in the week, Ms Butler was asking questions of a particular witness about the single entity proposal JUSTICE STEVENS: Yes MS ARAPERE: And whether it went to the matter of structural arrangements for Local Government and Sir, you suggested that that could be a matter for legal submission I am instructed to seek leave to file a submission Sir At this point, I would like to just preserve the Crown’s position to file a submission, I don’t have full instructions yet on whether we will file a submission JUSTICE STEVENS: Is it going to really contribute to the positive, constructive new environment that we have been trying to encourage? I would like you to think about that MS ARAPERE: I will think about that Sir and I will take instructions JUSTICE STEVENS: I mean, look, by all means, I thought it had disappeared out the back door But and look, we read these, our terms of reference, every day and I know what our limits are, I get advice from Counsel Assisting, so we know what is excluded and we know what structure is, but we also know what the risks are and what changes need to be made So we will stick with our terms of reference GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 541 MS ARAPERE: Yes Sir, thank you I was instructed to seek leave to file a short written submission if – JUSTICE STEVENS: Okay, well, by short what are you suggesting, two pages? MS ARAPERE: I did not have a word or page limit in mind Sir JUSTICE STEVENS: Well, why don’t you take further instructions in the light of what I just said and see whether you really need to, feel that there is or your client feels that there is a need to MS ARAPERE: Yes Sir JUSTICE STEVENS: And if so then I will grant leave for you to present no more than two pages MS ARAPERE: Thank you Sir, thank you very much JUSTICE STEVENS: The other point is that as Mr Wilson has reminded me, we are very conscious that the Crown has, that the Government has, announced the Three Waters Review MS ARAPERE: Yes Sir JUSTICE STEVENS: And I understand that – is it Mr Miller? GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 542 MS ARAPERE: Mr Miller JUSTICE STEVENS: A representative from DIA has been here this week MS ARAPERE: Yes Sir in part of the week JUSTICE STEVENS: And hopefully heard what has been going on and the things that we want to see achieved and the constructive and positive changes that need to be made So what we’re anxious to is to stick within our terms of reference, but make as much progress as possible, particularly in the areas that don’t require statutory amendments MS ARAPERE: Thank you very much Sir, that's understood JUSTICE STEVENS: All right? Does that cover it? MS ARAPERE: Yes JUSTICE STEVENS: Very good, thank you Ms Butler and Ms Arapere Anything else from anyone else? Mr Gedye? MR GEDYE: GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 543 No Sir, just to observe that we have had quite detailed submissions from the Crown on the structural issue, so I assume that there will be no need to repeat those JUSTICE STEVENS: No, absolutely Well, hopefully Ms Arapere got the message – MS ARAPERE: Certainly not sir, no intention to repeat anything that’s – JUSTICE STEVENS: - that we don’t think they’re necessary, but if your client thinks that they are, well go for it MS ARAPERE: Thank you Sir JUSTICE STEVENS: The wonderful expression in the law that you don’t irritate the minds you seek to persuade All right? MS ARAPERE: Yes Sir and I know that expression JUSTICE STEVENS: Take that back to them MS ARAPERE: I will, thank you Sir JUSTICE STEVENS: GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 544 All right Very good That brings this hearing to an end and Madam Registrar I would like to thank you too and Mr Cairncross for all your assistance and on that note we will adjourn the hearing INQUIRY ADJOURNS: 1.00 PM GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 545 GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 546 GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017) 547 GOVERNMENT INQUIRY INTO HAVELOCK NORTH DRINKING WATER (7 August 2017)

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