Central North Island Forests Land Collective Settlement Bill

Hon Dr MICHAEL CULLEN (Minister in charge of Treaty of Waitangi Negotiations) Link to this

I move, That the Central North Island Forests Land Collective Settlement Bill be now read a third time. Greetings to the Central North Island Iwi Collective. It is remarkable that today we have arrived at the third reading of this bill, which embodies a historic journey and settlement. One of my favourite pieces of modern classical music is by American composer John Adams, and it is called Short Ride in a Fast Machine. By Treaty standards, this bill has been a short ride in a fast machine. On this journey I have acknowledged—as I do again today—the iwi of the collective, who have done so much to make today a reality. I particularly acknowledge the leadership and the initiative of Te Ariki Dr Tumu te Heuheu. His leadership in helping the Central North Island Iwi Collective to author an innovative response for settling the historical Treaty claims of the iwi in the collective of the central North Island forests land cannot be overestimated.

I thank each of the iwi of the collective for their leadership, their innovation, and, above all, their noble desire to work together and breathe new life into their relationships with one another—new life that is conceived in goodwill, and is a shared hope for the future. Therefore, I honour each of the iwi in turn: Ngāi Tūhoe Ngāti Manawa, Ngāti Tūwharetoa, Ngāti Whakaue, Ngāti Whare, Raukawa, and the affiliate Te Arawa iwi and hapū. I stand firm in my conviction that their children and the generations that follow them will honour their work in this settlement and the bill that we are passing today.

I also acknowledge the presence of representatives of Ngāti Rangitihi, who at the moment are not part of the collective, but who, I am told, had a very fruitful and good meeting at the weekend. I am hopeful that Ngāti Rangitihi will meet the Christmas deadline for being back within the collective and for being part of this settlement.

This settlement has been a journey from disunity to unity. The recent journey of the collective iwi to settle the historic claims over the central North Island forests land has not always been a united one. Central North Island forests land constitutes an asset of significant cultural and commercial value to a variety of iwi—iwi, however, whose collective cultural, historical, and spiritual interests are complex, fluid, and overlapping. So the forests land is potentially a source of division amongst the iwi, and, indeed, between the iwi and the Crown.

Division amongst both the central North Island iwi themselves, and the iwi and the Crown, reached a low ebb through 2006 and 2007 over the proposed transfer of some of these lands to the affiliate Te Arawa iwi and hapū. In 2006 the New Zealand Māori Council, the Federation of Māori Authorities, and others raised concerns about this redress through litigation in the High Court and the Court of Appeal. In 2007 the Waitangi Tribunal held an urgent inquiry into the impacts of the Crown’s forests land settlement policy on the Te Arawa waka and other central North Island iwi. But out of this disunity came unity. The Crown and the iwi of the collective heard the call of the Tribunal, which recommended that the iwi create a forum that would enable these iwi to determine amongst themselves the principles and other guidelines that would help determine how the central North Island forests land should be allocated.

The key initiative, as I said, was taken by Dr Tumu te Heuheu. Mark Burton was still the Minister in charge of Treaty of Waitangi Negotiations at the time. I remember having a discussion with Mark about what we should do in response to the initiative that Tumu was taking. I remember saying to Mark at the time that I thought we had about a 20 percent chance of success in achieving the goal but it was worth it, despite the fact that there had previously been, I think, three failures to achieve such a collective approach. By March I upped that estimate to some 50 percent chance of success, and here we are at the end of September with 100 percent chance of success, and, indeed, 100 percent support in the House.

All historical Treaty claims must be settled on the bedrocks of durability, good faith, finality, and fairness. Such claims must also be settled with a clear end in view. A time will and must come when the Crown and Māori live as partners under the Treaty: not restoring a broken past, but moving forward together into a healed future. It is for these reasons that the Government seeks to settle all historical Treaty claims by 2020. That target is realistic, but very hard to meet. The current pace will need to be maintained over the next decade.

The bill before us sets out a settlement that contains two elements that are vital to achieve this end. Each element is embodied in the unique way the collective and the Crown have found themselves playing their own roles. The collective, as the claimant group, has authored a proposed settlement, which it has put before the Crown. The Crown has worked with the collective to develop its proposal by adopting a flexible approach in applying the Crown’s existing policy frameworks. Put differently, the Crown has sought to achieve a settlement that, although not wholly consistent with existing settlement processes, remains fundamentally consistent with its key policy principles of durability, good faith, finality, and fairness. This approach must continue in order for us to settle all such claims by 2020.

The settlements have provided another lesson about the Treaty settlement process for the future. The Government has recently sought a regional approach to negotiations, rather than a large natural grouping approach. That is proceeding in the far north—with, again, surprisingly high prospects of success, which have increased only within the last couple of weeks or so—and, of course, at the top of the South Island. The Crown is seeking more and more, where possible, to negotiate with multiple groups in a common geographical area. This settlement shows that such a regional approach can work.

This settlement will provide significant opportunities for the iwi and the collective. These opportunities have birthed a further opportunity for the Crown and the iwi of the collective to work together to develop those opportunities as Treaty partners in a healed and restored relationship. The development of those opportunities will, in time, give new economic and social independence to the people of the collective iwi—an economic and social independence denied to past generations that will not be denied to future ones. At its deepest level this settlement is therefore not about restoring mana whenua, important as that is; it is about restoring the mana of the parties themselves to this settlement. To this end, this settlement—as do all settlements—embodies and echoes the deep principles of tikanga. He aha te mea nui o te ao? He tangata, he tangata, he tangata.

[What is the most important thing in the world? It is people, it is people, it is people.]

I emphasise that this is a comprehensive settlement of the Crown forests land issue. It is not a comprehensive settlement of all the claims of the iwi within the collective. There is much still to be done in that regard, but already out of this process have come other processes. As I indicated in the debate on the third reading of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill, I expect to be able to announce soon the successful conclusion of agreements in principle with Ngāti Mākino and Waitaha. We are in the process of negotiations with Raukawa and Ngāi Tūhoe.

Today is a very important weigh station on our journey. This is a historic settlement, and, indeed, I think it is the first time that we have done two settlements in one day, in terms of the final stage of legislation. We shall move on to a third final settlement at the conclusion of this bill—the third reading of the Te Roroa Claims Settlement Bill—and then on to two first readings of Treaty settlements. So this is an extraordinarily important day indeed. The rest of the journey for the iwi in the collective whose comprehensive claims have not yet been settled begins tomorrow. Thank you very much.

Hon GEORGINA TE HEUHEU (National) Link to this

Ā, e aku koroua, aku kuia, e ngā whaea, e ngā papa, e ngā tamariki, mokopuna, tēnā kōtou, tēnā kōtou, tēnā tātou katoa.

[So to my elders, men and women, aunties and uncles, children, grandchildren, greetings to you, greetings to you, and greetings to you all.]

I am very proud, once again, to be here in this House when such a unique settlement comes to pass. And, of course, I should raise the issue that my children, and my grandchildren—hopefully one day—are likely to benefit from this settlement. But it is not that, obviously, that makes me proud. It is that the iwi of the central North Island have finally stepped up to the plate, and that with great leadership shown on both sides—on the side of the Crown and of the iwi—we come to the third reading of the Central North Island Forests Land Collective Settlement Bill.

It is a unique settlement and deserves to be recognised as such. It provides a platform for a new approach, I think, to other Treaty settlements that are iwi-based but may in some certain circumstances span several iwi, and that is why the settlement is unique. It spans several iwi in the central North Island in this case. It brings them together over an interest that concerns them all, and, as Dr Cullen has rightly said, it is limited in that respect to the assets under the Crown Forest Assets Act 1989, and in that the historical settlements of each of the iwi involved in the collective are still to be addressed—that is the next part of this big job that faces an incoming Government.

I take on board the comments that Dr Cullen made about the momentum that has been generated on Treaty settlements in the last wee while. If both sides of the House are committed to an earlier settlement of all historical claims rather than a later one, and although we have different dates in mind, National certainly appreciates the fact that the momentum that has been generated must be picked up by an incoming Government after the next election. National members certainly give our undertaking that we will do that, and we recognise clearly that something that takes so long for both the iwi and the Government to get to deserves to be kept moving at pace. We will certainly do that, should we be privileged enough to take the reins of power after the election.

This settlement addresses only claims that relate, as I have said already, to the Crown forest licensed land in the central North Island and had its genesis in the Crown Forest Assets Act. It brings together, into one collective, several iwi or tribes. They are Ngāi Tūhoe, Ngāti Manawa, Ngāti Tūwharetoa, Ngāti Whakaue, Ngāti Whare, Raukawa, and the affiliate of Te Arawa—the House has just passed their claims settlement bill—and with the option for Ngāti Rangitihi to be brought into the collective, if that is desired by them and if it can be achieved. The option is certainly there; that is a unique aspect as well. The coming together into one collective is unique; an achievement not to be lightly passed over. Those of us who are involved in matters such as this, know how difficult it is for iwi to come together, even though there might be whakapapa relationships that span across all of them. This particular group of iwi have endeavoured to reach some kind of accord for some time—over a decade—so it is no mean feat that, finally, they have come to the table. They have managed to conclude a settlement, and, as I say, with energy on both sides, and commitment and a certain passion, and real leadership, that settlement has been achieved.

This bill makes provision for the vesting of the central North Island Crown forest land and the transfer of accumulated rentals in that land to an iwi holding company and that company has a huge responsibility facing it. It will enable those assets to be allocated to the iwi named in the settlement in terms of the land claims. The bill sets out the principles and processes by which the allocation of the lands is to be achieved. That is also a unique development, and that is set out in schedule 2. It is a tikanga-based resolution process for the central North Island forest lands, which, as I say, is something new in regard to land and is also unique in that not only was the settlement proposed by the iwi but also this resolution process, which basically calls upon the iwi themselves to take steps to share, or allocate, the land according to mana whenua, generally speaking. The Government has no role in that, and that is to be commended. Quite frankly, no one outside of the iwi concerned will have a better appreciation of how land should be allocated, other than the iwi itself.

This legislation presents great opportunity but also great responsibility. We were in the Committee stage on this bill yesterday and some comments were made about the responsibility that will pass to the iwi in making sure that fair processes are employed and that fair outcomes are achieved, and that there is a record of the proceedings that will progress the allocation of the lands. In the end we want to ensure that future generations will be satisfied that these things were done well, they were done properly, and that there will be no need for anybody to question, in the future, any of the outcomes. I commend this bill. It is a unique and absolutely wonderful development, but, as I say, it will take great leadership to ensure that allocation proceeds on the basis that everyone will accept, not just now but into the future.

The other thing that is unique, and I have mentioned it already, is that the iwi themselves brought this proposal to the Government. My hope is that in other regions, groups of iwi still to settle will see this bill as a basis that might be helpful for them. Indications from colleagues on the other side of the House, and particularly from the Hon Mita Ririnui yesterday, are that other regions, other iwi, are already looking to see whether they can come together in similar collectives to settle interests that are common to all of them. If that is the case, if this bill has been a springboard for that kind of development in the Treaty settlements process, then all the more reason why this claims settlement bill is so significant. For that alone, I congratulate the iwi. Even though this is my family sitting in the gallery, too often we do not give each other credit where credit is due, and I want to do that now, and do so now—

Hon PAREKURA HOROMIA (Minister of Māori Affairs) Link to this

Ki a koutou i tae kaha, i tae tahi i te rā nei, e mihi kau ana. Ahakoa kua mihitia atu ngā mihi, e tika ake anō ki te mihi ake anō ki a koutou katoa. E Hōri mō ngā patopato o te wai o Raukawa, e mihi kau ana. Kai a koe e te whanaunga e Hēmi, kai a koe Bill, e mihi kau ana. Ki a koe tōku whanaunga, ahakoa e noho ake anō koe i roto i te maru o rātou Manawa, kaua koe e wareware anake mō tō whakapapa o Te Tai Rāwhiti, tēnā koe. E Ānaru, e Rangi, e Eru koutou katoa, ngā kaiwhakahaere, ahakoa kāre i tae atu ki te Pīhopa, e mihi kau ana ki a koutou, Hēnare, tēnā koutou. Ki a koutou o Tūhoe, e mihi kau ana ki a koutou katoa. Tēnā koutou. Nā te pai hoki e kite ake anō koutou e tū kaha ā muri ā te take nei. Nō reira, ki a koutou o Ngāti Whakauē, Ngāti Whare, e koutou, e mihi kau ana. Ki a koe Te Ariki e Tumu, tēnā koe. Tēnā koe mō tō kaha e mahi whakawhitiwhiti a te tino take nei. Ki a koutou te hoa o Rangitihi, kia kaha, kia māia. E rekareka ana ki te rongo ki te kōrero o te Tākuta nei a Michael, mō tō koutou nohotahi. Ahakoa ngā piki, ngā heke, e rite ake anō tērā ki te mahi a tauiwi i a rātau mā. Engari, kia kaha kei tae tahi ai tae noho pai ki te taha o wēnei e kōrero atu mō te āhua o te rākau. Nō reira ki a koutou katoa, tēnā koutou.

[To those who have travelled from afar to be here, congratulations. Although the formalities have been completed, it is right that I acknowledge you. Greetings, Hōri of Ngāti Raukawa. To my kin Hēmi, and you, Bill, congratulations. Hēmi, you have lived many years with Ngāti Manawa, but do not forget you come from the East Coast. Commendations to the leaders Ānaru, Rangi, Eru, and Pīhopa, although he could not attend today. Greetings to you and your group, Hēnare, and to the people of Ngāi Tūhoe. This bill will prove resilient and effective now and into the future. Congratulations to Ngāti Whakauē and Ngāti Whare. I extend acknowledgments to the leader, Tumu te Heuheu, for his strength in the development of this bill. To my friends of Ngāti Rangitihi, be strong, be steadfast. It was good to hear Dr Cullen talking about your stance. Despite the trials and tribulations, non-Māori are no different from us, they have similar disagreements amongst themselves. Be strong. We hope in time you will stand side by side with others of the collective. So congratulations to you all.]

I stand in support of the Central North Island Forests Land Collective Settlement Bill. The central North Island forestry settlement gives effect to huge steps forward for Māoridom, as Dr Cullen has pointed out. Through his able leadership and through the great leadership sitting in the public gallery we have come to a better place for this nation. If we are serious about talking about nationhood, then this surely is a great example for other people to watch, to ponder over, and to take cognisance of as to the way that we can get to a better place, even where there are difficult ups and downs.

I was very pleased to see that the bill passed its first reading with overwhelming support from the House, and I say to the other Māori faces in Parliament and to all members of Parliament: “Thank you for the support.” It was also pleasing to see that the majority of the submitters to the Māori Affairs Committee were supportive of the bill. The bill provides for the transfer of approximately $200 million worth of forest land and over $200 million worth of accumulated rentals to the iwi of the central North Island. This is significant for two reasons. First, the commercial assets will provide a solid base for the iwi involved to participate in real and sustained economic development, in the same way that this Labour-led Government has led and sustained the economy. The fact that we still stand strong as the rest of the world is struggling is certainly testament to Dr Cullen’s ability to keep the books well-balanced, and enables the nurturing of Māori to play a more positive and an active part in that economic development.

Secondly, the transfer of those assets has been key to settling the historical Treaty claims of the iwi involved. In giving iwi a platform to develop their economic assets, this settlement will benefit the whole country. It is really, really important to understand that a lot of these iwi do know how to manage their assets. They understand clearly the fundamentals of the macro and the micro, and of the future opportunities that will be available to them, in relation to the timber to be exported, milled at home, or whatever. Dr Cullen mentioned the weigh station. Well, when the truck pulls up at the weigh station to weigh those Māori logs, those Māori trees, it will be a great thing to celebrate. Certainly today that is the reason why we are here—to celebrate the participation of the Central North Island Iwi Collective, and its ownership.

It is pleasing to see that Pākehā New Zealanders are generally supportive of this bill. The collective is to be praised for agreeing to preserve current public access. I remind the members who are here in the House of all the doom and gloom that was preached about what would happen when this great asset was passed over to Māori. The fear that was brought about by scurrilous gossip from other members—

Hon BILL ENGLISH (Deputy Leader—National) Link to this

E ngā iwi, Ngāi Tūhoe, Ngāti Manawa, Ngāti Tūwharetoa, Ngāti Whakauē, Ngāti Whare, Raukawa e Te Arawa iwi, hapū, he mihi nunui ki te iwi whānui me ngā rangatira e hui tahi nei, tēnā koutou, tēnā koutou, tēnā tatou katoa.

[To the people of Ngāi Tūhoe, Ngāti Manawa, Ngāti Tūwharetoa, Ngāti Whakaue, Ngāti Whare, Raukawa, and the people and hapū of Te Arawa, a huge greeting to you and leaders at large gathered here, greetings to you, greetings to you, and greetings to you all.]

I rise on behalf of the leader of the National Party, John Key, to recognise the significance of the passage of this Central North Island Forests Land Collective Settlement Bill today. In my almost 18 years in politics I am continually surprised by the ability of New Zealanders to solve problems that other nations may find much more divisive and difficult. But here we have shown in this legislation a capacity to respond to our better lights, both the Crown and iwi, and to resolve what has been a very longstanding issue. I acknowledge the contributions, along with those of others, made by the central North Island collective and also by, particularly, Dr Cullen on behalf of the Government. A nation does these things when it is ready, and Dr Cullen, and no doubt the Prime Minister, saw that we were ready for this settlement and took the appropriate steps. For that they should be commended, because this opportunity could have slipped by the nation, the iwi, and the current Government.

I also think we should acknowledge the shadows that are cast over this event. I do not mean that in a negative sense, but we do stand in the shadow of people who, some 15 years ago, set off down the path of large Treaty settlements, at a time when Māoridom was unsure whether the process could succeed and certainly when Pākehā New Zealanders were unsure whether it was something they even wanted to do. I think that we should acknowledge today those leaders who showed the courage that has lent momentum, and also lent some courage, to those who have brought this settlement together: Sir Tīpene O’Regan and Ngāi Tahu, and Sir Robert Māhuta and Tainui, who made what, in retrospect, were very brave decisions to settle for a great deal less than the size of their grievances. I acknowledge also the Crown, led by the Rt Hon Jim Bolger and Sir Douglas Graham, for taking part in that process. We should remind ourselves that 15 years ago this path looked a great deal less certain, a great deal rockier, than it does today. Those leaders smoothed the path, and today we are fortunate to be able to follow in their footsteps to such a positive outcome in respect of this legislation.

The other point I want to make on behalf of the National Party is that we fully understand the momentum that has been built up. Dr Cullen referred to the other negotiations that are flowing out from these negotiations, and our leader, John Key, and the National Party, if we are elected to Government, would certainly continue with those negotiations in the same spirit and, I think, with the degree of political commitment from the leadership that has been shown by the Labour Government in working so successfully on settlements in the last 12 months or so.

The final point I want to make is this. I think of this as the end of the beginning. We have here people who have decided to lay the foundations for the future, rather than to stand by and reflect only on the past. In that sense, the destiny of 100,000 people from the central North Island collective and the Crown are intertwined, because our job now is to together ensure that the aspirational and material benefits of this settlement flow through to those 100,000 people. Many of them, of course, will not benefit initially. Whether they can realise their expectations and aspirations as Māori and as New Zealand citizens will depend on whether they can get a decent education, whether they can get a job that is fulfilling, and whether they can get the health services they deserve when they need them. It is such a positive refreshment of that sense of mission to have settled these historical grievances, and then for these iwi and the Crown to renew the commitment to ensure that the benefits that we all imagine can flow from this kind of settlement actually do flow through to every one of the 100,000 people who are covered by the settlement.

I finish by congratulating the iwi, in particular. Family differences are among the most difficult issues to manage, and the leadership of the central North Island iwi has shown to the rest of New Zealand admirable courage, restraint, and dignity in bringing this settlement together on the Māori side. I also acknowledge the contribution of all those who worked on behalf of the Crown—which is therefore the whole country—to seize a historic opportunity and see the settlement go through. Tēnā koutou, tēna koutou, tēnā tātou katoa.

PITA PARAONE (NZ First) Link to this

Tēnā anō koe Mr Assistant Speaker, tēnā anō hoki koutou e hui tahi nei i waenganui i a tātou ngā mema Pāremata, i haere mai ki te tautoko te kaupapa i mua i a tātou i tēnei wā.

[Greetings once again to you, Mr Assistant Speaker, and to you collectively gathered here among the members of Parliament in support of the matter before us at present.]

I am pleased to rise on behalf of New Zealand First to express our support for the Central North Island Forests Land Collective Settlement Bill, which a number of speakers before me have described as unique. People have talked about the unique terms of the way in which this settlement has been reached, and I concur.

But for me there is one other feature that is unique when comparing this settlement with other settlements. As other settlements have worked their way through the process of first reading, select committee hearings, second reading, the Committee stage, and then the third reading, New Zealand First has been very consistent about one particular issue. The fact is that in all settlements prior to this one, reference has been made to the fact that the settlement, the apology, has been given as a consequence of breaches of the Treaty of Waitangi and its principles. Herein lies the uniqueness of this settlement. There is no reference to the principles. There is no reference to breaches of the principles of the Treaty of Waitangi.

How often have we in New Zealand First been derided because of our consistency in questioning the undefined references to the principles of the Treaty of Waitangi? How often have we been reminded of that by members of this House who said that settlements cannot be made unless reference is made to the principles of the Treaty of Waitangi? Yet here we are today, all in support of this particular bill, this particular settlement, albeit without references to the principles of the Treaty of Waitangi. I will tell members why they are not referred to here. It is because the iwi themselves did not see any need for the inclusion of undefined references to the principles of the Treaty of Waitangi. I remind members of this House that we in New Zealand First do not want to be reminded by them of our stance in relation to the principles of the Treaty of Waitangi again.

We know, and the respective iwi know, that this is only a small hurdle, a small bridge, to cross in the whole process surrounding this settlement. They know that in future they will have to deal with the issue of mana whenua. During the select committee process we heard one or two submissions that queried the right of other iwi, in terms of mana whenua. I think therein lies the challenge for the leadership of the respective iwi that this settlement refers to.

Once again, before I sit down, I commend the leadership, the representatives, and the negotiators of the respective iwi that this bill applies to. I wish them all the best, and I remind them, as I always have with previous settlements, that the leadership should always look behind itself from time to time to ensure that the people whom it purports to lead are still there.

Nā reira, e koutou mā ngā waka, ngā reo, ngā mana, tēnei te mihi atu ki a koutou, ko te tūmanako kia pai tā koutou haere, kia hakatinana te kaupapa o tēnei pire. Just by way of explanation, I have wished the people of the respective iwi all the best for the future, and I hope as they progress that it will be an easy path for them and for the benefit of their people. Nā reira, tēnā koutou, kia ora mai anō tātou.

TE URUROA FLAVELL (Māori Party—Waiariki) Link to this

Tēnā koe, Madam Assistant Speaker, ki a tātou kua tae mai ki roto i te Whare Pāremata i tēnei ata. He kitenga kanohi ka hoki ngā mahara ki te hunga kua ngaro atu i te tirohanga kanohi. Kai konei rātou ā-wairua nei, ko tā tātau ko te tuku i te roimata kia rere ka mutu, waiho rātau kia moe.

Ko tēnei rā mō tāua te hunga ora, e ngā iwi kua tae mai ki roto i te Whare Pāremata, tēnā koutou, tēnā koutou, tēnā koutou katoa. E kī ana te kōrero, mai i Maketū ki Tongariro, mai i Ngā Kurī a Whārei ki Tihirau, kai aku rangatira tae atu ki a koutou Ngāti Raukawa, ko koutou, ko tātou tēnei kua ū mai ki te Whare Pāremata i tēnei ata, nau mai, hoki mai. Nau mai hoki mai ki te kaupapa nā tātau tonu i kōkiri ki tēnei rangi. Te rā ka whakamanahia te pire nei e tēnei Pāremata. Me mihi, me whakanui i te āhuatanga o ngā mahi nui kua oti nei i ngā tau engari, ka pataia te pātai, ko wai ka mōhio i te tīmatanga o tēnei tau, ka eke ngā wawata ki tēnei taumata. He mea pai, he mea whakanui tērā āhuatanga kia kite mai ai te puāwaitanga i tēnei rangi. Koinā pea te hua o te pukumahi, o te heke o te werawera, o te tautohetohe, o te mahitahi, o te aronga ngātahi, o te kōrero, o te wānanga, o te whakatau whakamutunga.

Koinei te mihi whānui ki a tātau katoa, koutou o te kāinga, o te takiwā o te Waiariki, ngā taha katoa o te Whare, tēnā tātau katoa. E ai ki te kōrero, koinei te whakataunga nui, whakaharahara nei i waenganui i te Karauna me tāua te Māori. Ki tā te pukapuka a Mana, he āhua ōrite tēnei kirimana ki te Tiriti o Waitangi. Hoi anō, tērā kōrero tērā. Kāore au i konei i te pānuitanga tuatahi me kī, nā tetahi mate au i tō ki wāhi kē engari, e ai ki tā ētahi i haruru te whenua. I tēnei rangi kai te harikoa te ngākau kai konei au mō tēnei wā. He tika tonu te kōrero a te Minita, a te Tākuta Maikara Karana, he tere tonu te waka nei engari, kua ū ki uta. E te Whare, me mihi rā ki a koe.

Kai taku Ariki, e Tumu, mō te āhuatanga ko tēnei i ārahi nei i tēnei kaupapa. I puta tāuna karanga kia eke ngā iwi katoa ki runga i ō marae o Ngāti Tūwharetoa. I kōrerohia, i wānangahia te take nei. Āe rānei me noho tōtara wāhi rua, āe rānei me noho i raro i te korowai kotahi. I puta te kōrero, te whakatau me te pukumahi anā, koinei tātau e hui nei i tēnei rangi. Ka mihi anō hoki ki te Minita nāna tonu tēnei huarahi hou i whakarite, ngā Minita rānei, kai te kōrero au ki te āhuatanga ki a koe te Tākuta, ki a koe e Mita, ki a koutou katoa, a Parekura, a Shane, e ārahi nei i tēnei kaupapa. He huarahi hou, he ara hou engari, arā noa ake ōna painga. Ki tāku titiro, kua aro mai ngā iwi Māori ki tēnei huarahi nā runga i te mea, e hia kē nei ngā kerēme kua whakatakotohia ki roto i tēnei Whare Pāremata. Kua āhua toremi tēnei Whare i te āhuatanga o ngā kerēme kua tau mai ki roto i a ia.

Ko tētahi take nui e hoa mā i puta i te wā i noho nei te komiti whāiti, ko tērā e pā ana ki te mana kōrero o tēnā iwi, o tēnā iwi. Ehara i te mea e tika ana mā mātou tēnā e wetewete anā, kua puta mai te kōrero a ētahi atu o ngā mema mō tēnei take. Hoi anō, e ōrite ana te whakaaro, kaua e mutu te āhuatanga o te kōrero. Kaua e aukati te āhuatanga o te kōrero i te mea, he wā tōna ka ara ake ngā nawe i roto i te ngākau o ngā tamariki, mokopuna pea. Ka hoki ngā mahara ki te hui i tū ki roto o Waitetoko, o roto Ngāti Tūwharetoa i te tau pea kua hipa. I tērā wā, i te āhua āwangawanga ngā iwi anā, mai i tērā wā, nā ngā mahi pai, nā te kaha o te kōrero anā, kua puta te kotahitanga e kōrerohia ake nei. Ko te mea pai o roto i tēnei whiriwhiringa e te Minita, ā, kua puta te kōrero, rangatira ki te rangatira. he tohu pai tērā i te mea, i ngā tau kua hipa, koinei tētahi o ngā nawe kua puta, kua tonoa me kī, ngā mea tuawhā, tuarima rānei ki mua i te aroaro o ngā rangatira kōrero ai. Ko tēnei huarahi i whakaritea mai ai, kātahi tōna pai. Hoi rā, he aha te kai o te rangatira, he kōrero, me mau tonu tātau ki tērā āhuatanga.

Me mihi anō hoki ki a koe Matiu kōrua ko Wira, nā kōrua anō hoki tēnei kaupapa i whakatinana. Koinei au e kī nei, ko te ara hou e kōrerohia ake nei, ko kōrua tēnei i rongo nei i te riri, i rongo nei i te humārie, i rongo nei i te ngākau māhaki, i rongo nei i te āhuatanga o te hiahia o ngā iwi kia anga whakamua ngā take nei. Me mihi rā ki a kōrua ka tika. Ko te mea pai mō tēnei momo āhuatanga, e ai ki tā te nuinga, kotahi tonu te kōrero, nā te iwi tonu i whakatau, nā te iwi tonu i tautohetohe ngā take, nā te iwi tonu i whakariterite te huarahi whāinga. Koinei te mihi atu ki a koutou o te kāinga, ngā iwi o roto i te pire, ā, me kī tēnei kotahitanga i raro i te marumaru o Tumu te Heuheu.

He kupu whakamutunga tāku, ki a koutou o Ngāti Rangitihi, i kōrerohia tā koutou take i roto i te Whare nei engari, e tika ana te kōrero a te Minita, kai a koutou i tēnei wā. Kai a koutou te tikanga i tēnei wā. Nō reira e te iwi, e ngā iwi kua tae mai i tēnei ahiahi, kia kaha kia māia ngā rā kai mua i te aroaro, kia eke tēnei o ngā waka nei ki uta, kia eke panuku, kia eke tangaroa. He wā tōna, kāore e kore ka eke mai anō rā ngā wehewehenga i waenganui i a tātau engari, i te rangi nei kua puta te kōrero a te Minita Māori, me whakanui, me ngahau ka tika. Ko tāku, ko tā mātou o te Pāti Māori, he tautoko, he tautoko, he tautoko. Tēnā koutou katoa.

JUDY TURNER (Deputy Leader—United Future) Link to this

I stand on behalf of United Future to support and celebrate the passage of the Central North Island Forests Land Collective Settlement Bill. This bill now takes the record for being the largest settlement to date, so congratulations are due to both the Crown and iwi who have done a remarkable job in pulling this together. We applaud the wisdom of collective strength that has secured this outcome, and we are very pleased to see that legislatively the door has been kept ajar for those who were unable at this stage to determine whether this was the best outcome for them. Obviously, there is an encouragement for them to reconsider their position.

We are pleased to see that the intention of this bill includes the status quo to remain regarding public access to central North Island forests land. It is interesting that today we will probably be debating the third reading of the Walking Access Bill, which has a relationship to this as well.

The Central North Island Forests Land Collective Settlement Bill will see the forest land cease to be Crown forest land, and vests in CNI Iwi Holdings Ltd, the new company that was previously owned by the Crown.

We note there were 66 information or endorsement hui, and that the allocation model incorporated in the bill was the result of unanimous agreement. This has been extremely well negotiated, and it is a fantastic outcome. We are very happy to support this bill.

CHRISTOPHER FINLAYSON (National) Link to this

Can I too, in opening, offer my congratulations and best wishes to the iwi of the central North Island collective, to Tumu te Heuheu for the outstanding work that he has done, and to the work of Wira Gardiner as Crown facilitator. I offer my congratulations to the Minister and his team on the contribution they have made. As other National members have said, we support the third reading of this important legislation. My colleague Mrs te Heuheu summarised the bill in the course of her speech and I am not going to repeat that material here. Mr English reaffirmed the National Party’s commitment to this important work, which was started by the Bolger Government in the 1990s, and so ably assisted by Sir Tīpene O’Regan and Sir Robert Māhuta.

A number of features of this bill are particularly interesting, but none more so than Subpart 2 of Part 1, which deals with allocation principles. I am particularly interested in schedule 2, which I sincerely believe, and hope, will provide a very useful model for the future, because I have seen far too much litigation in the Treaty settlements area over the years. I go back to the fisheries litigation that started almost immediately after the 1992 settlement. It went on for about a decade. It consumed resources. It went to the Privy Council on a number of occasions, and was resolved only a couple of years ago. I had grave fears that this particular issue was on the verge of going down that path, and I am just so pleased that it has not and that today we are all supporting the third reading of this bill.

That is why schedule 2 is so very important, because it sets out a very tight timetable and has a number of particularly interesting features. As I said, I believe it could well be a model for future dispute resolution: keeping people away from courts and enabling them to resolve disputes on allocation on the basis set out in this bill. I strongly support measures where iwi acknowledge their commitment to a resolution process that, for example, promotes the mana and integrity of iwi and recognises the desirability of post-settlement collaboration.

There is no doubt that the timetable set out in schedule 2 is very tight indeed, because the parties have to identify their mana whenua interests by 1 October 2009. That particular process is to start on 1 July 2009, then there is to be negotiation through to June 2010, and, hopefully, the allocation agreement will be finalised by 30 June 2011. Very detailed processes set out that, in the event of negotiation failing to achieve a result, there will be a mediation. If that does not work, there will be an adjudication.

It may seem strange coming from one of the National Party’s justice team, but I really believe it is important that lawyers are not entitled to be present or be heard unless all parties agree. Frankly, I think that that is a welcome development in this area, because I often think that lawyers in litigation can be a cause of discord. I am delighted that lawyers will not be permitted to cross-examine witnesses, because I do not think that helps these sorts of issues, at all. I have seen attempts at cross-examination in the Waitangi Tribunal, and inevitably it is a process that, although well suited to High Court litigation, is not suited to this sort of exercise. I, for one, heartily endorse what is set out in schedule 2, and I will be keeping a very close eye on it, because I believe it will work extremely well. As I said, litigation is expensive, it is time consuming, it is draining, and there is so much truth in the old saying that it is in the public interest that there be an end to litigation.

I congratulate all iwi here today on this settlement. This was one that was inspired by iwi, driven by iwi, and achieved by iwi. May other iwi in other parts of the country look at this development and adapt it to their needs as they seek to resolve their grievances with the Crown over the next few years. As Mr English said, the National Party will actively support any and every endeavour to resolve these differences, because there is no task more important to the future of our country than this one. I congratulate all concerned. I think this is a great day for New Zealand, and I am proud to be a member of Parliament able to speak on the third reading of the Central North Island Forests Land Collective Settlement Bill.

Hon TAU HENARE (National) Link to this

Kia ora, Mr Assistant Speaker. I say “well done” to the central North Island collective. This settlement process is absolutely unique to Māori. I want to echo Bill English, who said that we may have our differences, and there may be differences along the road, but—in my eloquent way of putting what Bill English said into the words of South Auckland—“At least we don’t go around blowing each other up.” That has to be a good thing—it is certainly a good thing for those who might be blown up. The uniqueness is that the settlement process belonged to Māori, and, as colleagues in this House have said, maybe we are looking at a model that will stand us in good stead for the future—who knows?

I have one concern, but that concern is not particularly for the central North Island collective; it is for future Governments, whoever they may be. The concern is that the settlement process has taken us back to a time prior to the individualisation of Māori land. That is not the concern of the central North Island collective; its concern was to settle the package, and it has done that. My concern is specifically for those who, out of the native land process, the Native Land Court and the Māori Land Court process, have parcels of land—or think they might have—and that maybe their rights have somehow been taken away. I think we need to start looking at that in the future; as I said, it is not a big concern of the central North Island collective.

I will be brief, at least, in my response to the speech of the Minister of Māori Affairs, Parekura Horomia. I recognised, in the speech of the Minister, and in his voice, that there might be an election on the horizon. He talked about scurrilous rumours and rumour-mongering, and said this was a great day and a beautiful day—well, it is outside. But I wonder whether I am letting him off the hook in terms of Labour members seeing this as an opportunity to pat themselves on the back, because in 7 weeks’ time we will be going to the polls. I suppose if I were in Labour’s position I would be doing the same thing. So I congratulate the Minister of Māori Affairs, but I tell him not to overwork it. He should pat himself on the back, but he should not overwork it.

I am concerned in this respect: we are in urgency, at the end of a parliamentary session. In fact, we are at the end of the 48th Parliament and we are trying to nut out these bills and rush through these third readings. It would have been all right if there were one or two bills—I could handle that—but if we look at the Order Paper we see that we are working our way through a number of issues. So although I congratulate the Minister, and the Deputy Prime Minister for his erstwhile work, we should not have let it come to being part of an urgency motion.

I finish by mentioning the Treaty of Waitangi and the Treaty principles, as my tuakana from New Zealand First has mentioned. He mentioned that there were no Treaty principles in the bill, but I say that they do not have to be in the bill, or even in settlements, to be there.

Hon MITA RIRINUI (Associate Minister in charge of Treaty of Waitangi Negotiations) Link to this

Tēnā anō koe kai te Kaihautū, tē āhua nei kei a au te kōrero whakamutunga mō tēnei kaupapa kai waenganui i a tātau. He paku kōrero noa iho tāku i tēnei wā. Ā, kua kōrerohia ngā kōrero mai i tēnā rōpū, i tēnā rōpū, i tēnā rōpū, ā, me tēnei Kāwanatanga i te āhuatanga o tēnei pire e pā nei ki te ngāhere o te tuawhenua. Nō reira, tū tonu ngā mihi ki ngā mātāwaka kua tatū mai, a te arikinui, e Tumu me ngā kārangaranga hapū kei waenganui i a tātou i tēnei rā, Te Arawa, Mātaatua, Tainui, tēnei rā te mihi atu ki a koutou, tēnā koutou, tēnā koutou, tēnā koutou katoa. Ā te wā ka mihi anō au ki ēnei o ōku whanaunga hara mai rā i Te Tai Tokerau.

Nō reira e te Kaihautū, me pēhea rawa ngā kōrero māku. Otirā tāku, he tū ki te tautoko i ngā mihi me ngā kupu o taku hoa rangatira, te Minita Māori, a Parekura Horomia te tino Hōnore. Nāna i tū ake ki te mihi, ki te tautoko i a rātou katoa i ārahi mai rā i te kaupapa mō tēnei pire, mai rā i te hau kāinga, ā, tatū iho nei ki Te Whanga-nui-a-Tara, ki te Whare Pāremata, ā, ki te Ana o ngā Raiona. Nō reira, nā runga i tēnā me kī rā, kua oti katoa rā ngā kōrero, kua oti katoa. Kore e tū tēnei ki te whakahē ki tēnā, ki tēnā, ki tēnā, e tū ana ki te whakamihi atu ki ngā whakaaro katoa, kua whakaatuhia i tēnei rā. Nō reira, kua mihingia ngā mihi ki ngā Minita o mua, ki tēnā Pirimia nāna i ārahi ngā kerēme o Ngāi Tahu me Tainui i tōna wā, ā, ngā Minita katoa i raro i a ia. Nō reira, tautoko i ngā mihi ki a rātou.

Otirā, hoki noa atu taku mihi ki tēnā o wā tātau Minita Māori rangatira, mai rā i Ngāpuhi, i a Matiu Rata. I te tau 1975, nāna te kaupapa i whakatō i roto i te Whare nei, nā, ka puta taua pire hei whakawhiriwhirihia i ngā kerēme raupatu whenua. Nāna anō i whakatū i tēnā Taraipiunara o Waitangi. Me kī rā te kōrero, nāna te kaupapa i tīmata. Ki te kore taua ture, e kore tātou i huihui ai i tēnei rā.

Me te mihi anō ki te Minita mai rā i a Tainui, i a Maniapoto, ā, ko Koro Wētere te Hōnore. Nāna i whakawhānuihia i te mana o te Taraipiunara o Waitangi, i āhei rātou ki te hoki whakamuri ki te tau 1840, koi rā te tīmatanga o ngā mahi tūkino a te Karauna ki a ngāi tātau huri noa te motu. Nō reira tika ana kia mihingia atu ngā Minita o mua engari, kaua tātau e wareware, nā wai i tīmata, he aha hoki te kaupapa i tīmatahia ai?

Nō reira, nā runga i tēnā huri atu au ki ngā mātāwaka. Nā rātau tonu te kaupapa o tēnei rā e tika ana kia mihingia atu rātau. Nō reira, me pēnei rā te kī, waiho tēnā ngā kōrero i āna kōrero, me ērā, me ēra, me ērā. Tāku, kei te mihi atu, ki te whakaiti i mua ki a koutou, nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

E te Kaihautū, he īnoi tāku nei ki a koe, waiho taku kōrero kia āhua mana tonu. Kaua e huri atu ki tērā reo kia āhua rite tonu ki te rēmana. Ka āhua kawa hoki. Nō reira, nā runga i tēnā kia tau te rangimārie ki a koe e te Kaihautū. Tēnā koe, huri noa kia ora tātau katoa.

[Greetings once again to you, Madam Assistant Speaker. It appears that I have the last word in this matter. I will be brief. We have heard from each of the collectives involved and this Government, in respect of this bill and matters relating to the central North Island forests land. I restate the acknowledgments to the iwi collectives present here, to the paramount chief, Tumu, and the many hapū from Te Arawa, Mātaatua, and Tainui. At the appropriate time I will acknowledge my kin who have come from North Auckland.

So what can I add? I stand to support the acknowledgments of the Minister of Māori Affairs, the Hon Parekura Horomia. He endorsed all you who have led the work that brings this legislation to Parliament here in Wellington, to the lion’s den. We can say that all that needed to be spoken has been spoken. I agree with all that has been said today. Acknowledgments have been made to Ministers past and present, and to the Prime Minister, who settled the claims of Ngāi Tahu and Tainui, and I support those acknowledgments.

I also acknowledge the former Minister of Māori Affairs from Ngāpuhi, Matiu Rata. In 1975 he began this process through the House that established the Waitangi Tribunal. He was the instigator of all this. Had it not been for his efforts we would not be here today.

I acknowledge the former Minister from Tainui and Ngāti Maniapoto, the Hon Koro Wētere. He extended the jurisdiction of the Waitangi Tribunal, allowing it to look into claims from 1840, the year when the attacks of the Crown against us in these isles commenced. So it is right to acknowledge past Ministers, but we must never forget who started it and why it was started.

Because of that, I turn to the different iwi collectives before us. This matter belongs to them; it is appropriate that we acknowledge them. So the accolades must be accorded to each of them. Let each relate its own story. My part is merely to stand in humility to acknowledge and congratulate you. Greetings to you all.

Madam Assistant Speaker, I seek that my address not be interpreted, so that its tenor and flavour is not lost and does not become distasteful like a lemon. So let peace and good tidings prevail upon you, Madam Assistant Speaker. My thanks to you, and to all of us throughout. ]