Luxon and Ardern spar as National leader calls for Mahuta's sacking

December 7, 2022

It comes as the Government backed down from a Three Waters entrenchment clause.

Christopher Luxon and Prime Minister Jacinda Ardern sparred in Parliament today over a controversial Three Waters entrenchment provision, with the National Party leader calling for Labour MP Nanaia Mahuta to be sacked.

By Casper McGuire

It comes after a Supplementary Order Paper (SOP) which would partially entrench anti-privatisation aspects of the bill, requiring 60% support to sell off public assets but not a full 'super-majority' of 75%, was recently voted through with support from the Greens and Labour.

Constitutional experts came out against the provision, which had been passed with relatively little attention, taking issue with the use of entrenchment measures usually reserved solely for specific electoral and constitutional matters.

The Government backed down from the entrenched protections last week, with House Leader Chris Hipkins stating, "it was a mistake to put the entrenchment clause in, and the Government will fix the issue".

Luxon sent out a statement today claiming that Mahuta was responsible for passing the SOP without securing party support.

"Cabinet agreed on May 30 'that the [Water Services Entities] Bill should not entrench the privatisation provisions in the Bill'. Despite ruling out entrenchment of any form or threshold, Local Government Minister Nanaia Mahuta openly defied the Prime Minister and forcefully backed the entrenchment clause in the House two weeks ago.

"In that speech Ms Mahuta led the charge for the Government, claiming 'a moral obligation' of those opposed to privatisation to support entrenchment of the provision."

READ MORE: Three Waters: National's policy to be revealed closer to election

He stated that these events prove Ardern "has lost control of her Cabinet" and Mahuta should be sacked.

Nanaia Mahuta.

However, Ardern pushed back today during Parliamentary questioning by Luxon, claiming that Mahuta was not individually responsible and that it was a mistake made and fixed by the whole party.

When asked whether it's true that Mahuta did not tell her or her cabinet about the 60% entrenchment provision before it was voted on, Ardern responded.

"Caucus did not discuss the specific SOP because it had not been tabled. We had a general discussion on entrenchment but ultimately I think the most important thing is that we have said it was a mistake and as a team we have fixed it.

"There were 24 SOPs, I would not have an expectation that for every single bill that comes through this house that we would not see every single SOP," she told Luxon in response to a question on whether the decision to not sack Mahuta means she is willing to tolerate one of her ministers keeping her in the dark.

READ MORE: Politics of Three Waters has 'drowned out' health needs - scientists

Luxon accused Ardern of allowing one of her cabinet ministers to breach the cabinet manual, a claim that she denied, emphasising that it was a member from another party who submitted the SOP to entrench privatisation provisions.

The spat led to an uproar in the house as the Prime Minister doubled down on the party's principled support of keeping water assets in public ownership, saying: "Labour maintains its position that you should never sell these assets, it would be good if the National party confirmed the same."

"The member [Luxon] only has opposition and no ideas."

Luxon also claimed Mahuta "blatantly defied" Ardern by "speaking in support of something Cabinet had agreed not to support".

Ardern fired back saying: "The member continues to misrepresent the minister".

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