Environment Minister Nick Smith should have stood aside from legislation that was introduced to sack Environment Canterbury because his brother last year pleaded guilty to charges brought by the council, a Labour MP told Parliament today.
Labour MP Pete Hodgson, speaking during the general debate, said that in June last year Environment Canterbury, accompanied by police, visited the property of Tim Smith and 21 charges were subsequently laid against him.
Mr Hodgson said Mr Smith subsequently pleaded guilty on all counts.
"Mr Smith's brother is Dr Nick Smith, the Minister for the Environment, who has recently sponsored legislation through this House sacking Environment Canterbury," Mr Hodgson said.
"A conflict of interest therefore arises."
Mr Hodgson quoted from the Cabinet Manual, which he said showed clearly that Dr Smith was in a conflict of interest situation.
"It says a conflict of interest may be pecuniary or non-pecuniary, concerning for example a member of the minister's family. A conflict of interest may be direct or indirect," he said.
"So a conflict of interest is there alright, but the question is how was the conflict of interest handled?"
Mr Hodgson said the Cabinet Manuel stated that a minister with a conflict of interest in his or her portfolio could, with the agreement of the prime minister, transfer responsibility for the issue involved to another minister.
"I do not think that happened in this case. I do not think the Minister for the Environment transferred the portfolio," Mr Hodgson said.
"That is really bad practice. It leaves the minister vulnerable to the accusation that he did behave badly and it leaves him vulnerable to not being able to prove he did not."
Mr Hodgson said he did not think the Government was handling ministerial conflicts of interest properly.
"I don't think it is up to scratch. I don't think that there is enough attention to the propriety of government decisions," he said.
