Hon GEORGINA TE HEUHEU (Associate Minister of Māori Affairs) Link to this
That the Māori Purposes Bill be now read a second time. The Māori Purposes Bill brings together amendments to the Maori Trust Boards Act, the Maori Fisheries Act, Te Ture Whenua Maori Act, and legislation affecting the estate of Pukepuke Tangiora.
Part 1 amends legislation to remove Crown involvement in the administration of the estate of Pukepuke Tangiora. Following the passing of Pukepuke Tangiora in 1936 the life beneficiaries under her will made various petitions to Parliament for relief from the terms of the will. These terms were altered by Parliament through provisions in various Maori Purposes Acts, but as a result the Crown now has a more significant role in the administration of the estate than would otherwise be the norm.
For example, trustees of the estate are appointed by the Governor-General by Order in Council on recommendation from the Minister of Māori Affairs, rather than by the High Court or the Māori Land Court. In recognition of the right of estate members to exercise control over their own affairs, the bill clarifies the jurisdiction of the Māori Land Court to appoint and dismiss trustees of the estate, in accordance with the wishes of estate whānau, and to hear all matters relating to the administration of the estate. This is consistent with the Māori Land Court’s jurisdiction in respect of other trusts over Māori land.
Similarly, in 1943 Parliament removed the original will’s requirement that all estate assets be retained in trust for 20 years following the death of the last remaining life beneficiary before being distributed. This bill therefore extends the trust period to 5 years after the death of the last remaining life beneficiary in order to give the estate whānau time in which to make decisions about a possible future governance entity to hold and manage estate assets.
Part 2 amends the Maori Fisheries Act to enable the transfer of mandated iwi organisation status and fisheries settlement assets between separate entities operating within the same iwi. Should such a transfer be attempted at the current time, the protected provisions of the Act would require the settlement assets to be offered for sale to the highest bidder from other mandated iwi organisations and from Te Ohu Kai Moana Trustee Ltd. This is clearly an unintended consequence of the Act. Allowing iwi to consolidate their fisheries settlement assets under a single entity will enable them to realise greater benefits from the management of their assets. The bill will not exempt iwi from the requirement to meet the provisions of any other legislation that may be required to effect a transfer.
Part 3 amends the Maori Trust Boards Act to provide for direct accountability between trust boards and their beneficiaries. Present requirements for Māori trust boards to be publicly audited and accountable to the Minister of Māori Affairs for their financial arrangements will be updated as they no longer reflect the environment in which trust boards operate. Instead, the bill requires trust boards to hold an annual general meeting to report to their beneficiaries on their activities and plans for the future, including the presentation of audited annual accounts, budgets, and other information. The bill also provides that trust boards are to be audited privately, rather than audited by the Auditor-General. Rather than charging the Minister of Māori Affairs with approving the trust board’s annual budget, the bill now only requires the audited accounts and budget to be supplied to the Minister for his or her information only.
Finally, Part 4 of the bill makes various minor drafting changes to Te Ture Whenua Maori Act 1993 and the Maori Incorporations Constitution Regulations 1994. All of the amendments in this bill are tangible manifestations of the National Government’s commitment to a more prosperous future for Māori. They are important in supporting the increasing independence of Māori in the stewardship of their assets.
I support the recommendation of the Māori Affairs Committee that the bill proceed without amendment and I thank the committee for its work on this bill. I commend the bill to the House.
Hon MITA RIRINUI (Labour) Link to this
Ā, kāti, kia ora tātou kai roto i te Whare. Kia ora tātou te āhuatanga o tēnei pire kei waenganui i a tātou. Ka roa tēnei pire e hīkoi haere i waenganui i ngā rōpū e rua, i tēnei wā kua tae ki te mutunga o tana hīkoi. I tīmatahia mai ngā taukumekume e pā ana ki tēnei pire i raro i te Minita Māori i roto i te Kāwanatanga Reipa nā, kāre i tutuki te kōrero, ā, kua tae mai rā ki tēnei Minita a Hōnore Tākuta Pita Sharples. Hoi anō te āhua nei kua ea ngā kōrero katoa e pā ana ki te pire nei.
[Greetings indeed to us in the House. In regard to the Māori Purposes Bill that is with us, its journey between the two parties has been a long one, but it is finally at an end. The struggles relating to this bill began under the watch of the former Minister of Māori Affairs when Labour was in Government, but the discussions remained incomplete. That continued until the bill eventually arrived under the watch of this Minister of Māori Affairs, the Hon Dr Pita Sharples. Everything about this bill appears to be satisfied now.]
In the absence of the Minister of Māori Affairs, I acknowledge the contribution of the Associate Minister of Māori Affairs with regard to the Māori Purposes Bill 2010. There are some positive aspects to this bill, which the Labour Opposition will support for obvious reasons. However, having had considerable contact with this bill over a number of years, particularly in relation to the Pukepuke Tangiora estate, I have to say that probably this particular aspect of the bill is the only part of the bill I am completely satisfied with, when we consider the long journey since 1936 of this particular matter and the attempts by the Pukepuke Tangiora whānau to rectify interference by the Crown. This particular matter is a typical example of what we call the paternalism of the State. The Māori whānau were considered to be incapable of managing their own estate and their own affairs so the Crown intervened and decided it was in a better position to elect trustees and determine the terms of reference of this particular trust.
I have to say that the Minister, the Hon Dr Pita Sharples, did a very, very good job in actually bringing this matter to a close. It is a pity, though, that he did not acknowledge through some means in Parliament that this whānau was entitled to some form of compensation, if not an apology. But the Māori Affairs Committee decided that that was out of the terms of reference of the select committee and let the matter carry on.
In my own opinion, a number of opportunities were lost in regard to this particular bill. I make reference, for example, to the Te Ture Whenua Maori Act and the changes to it. It was a good opportunity for the Minister of Māori Affairs to once again cut away some of the strings of paternalism that the State seems to think it needs to have over particular Māori organisations. Māori are faced with issues around land retention. Yes, they are—there is no doubt about that. The greatest issues Māori face in the 21st century are around Māori land utilisation. This would have been a good opportunity to make necessary changes to the bill to bring about an environment where Māori landowners could actually treat their assets or the intergenerational assets they hold on particular land in the same way as most people would prefer to manage their land and their personal taonga. Sadly, this is an opportunity lost. I spoke with the Minister of Māori Affairs on a number of occasions and tried to persuade him to look a bit wider than the scope of this bill and to allow for much more economic activity in relation to Māori assets—in particular, land.
I will comment on another matter. Once again, I think it is an opportunity lost, although I congratulate the Minister on the changes he has made to the Maori Trust Boards Act. Basically, once again, it cuts away the strings of the State and allows Māori trust boards to act like most commercial entities, to get on with their business, and to grow the assets they have without actually looking over their shoulder. They no longer have to pick up the phone every so often and ring the Minister of Māori Affairs to ask whether it is all right to have a hui to talk about some economic development opportunities they are considering, and whether it is all right to spend $100 while they do it. That is how ridiculous it gets. We cannot expect trust boards to be serious commercial entities when these types of strings are attached. I am told it is almost kua pau te wā ki ahau.
Maybe some time in the near future the next Minister of Māori Affairs—hopefully in Cabinet and not outside Cabinet—makes some robust decisions about the future of Māoridom, and allows Māori organisations to get on with the business. Very few trust boards actually remain in existence that have not been overhauled at one time or another and this would have been an opportunity to allow them all to go through that process and be considered serious economic development entities in Te Ao Māori.
Congratulations go in part to the Minister, but I certainly acknowledge the Associate Minister of Māori Affairs, who is here this evening representing the Minister of Māori Affairs and speaking to this particular legislation. I know that she has had very little contact with it through the Māori Affairs Committee, but I think she has done very well regardless. Kia ora.
I say to “Boy” that he would know all about that. As the chairman of the Māori Affairs Committee, I first of all pay my respects to the Hon Whetū Tirikātene-Sullivan, who, during the process was of great assistance to the estate of Pukepuke Tangiora.
I reiterate what my colleague on our committee Mita Ririnui said: the gestation of the issue before the House has been a very long one. My colleague mentioned 1936; in 1936 my great-grandfather was still a member of this House and that is a long, long time ago. It shows us how long the process has been to get to this point where we will actually overturn what Parliament decided in 1943. So I am over the moon that we can say that to this whānau.
After this bill was introduced it came to our select committee during not this Parliament but the Parliament before, when I, the Hon Georgina te Heuheu, Dr Pita Sharples, Mita Ririnui, and even our then chairman, Dave Hereora, were members. We first got this submission from the estate of Pukepuke Tangiora and there were two living descendants who came to us. Unfortunately, through this whole process one has passed away and there is only one survivor.
What the bill does is exactly what my colleague Mita Ririnui said it does. That is, it takes away the State’s interference in what is essentially a personal matter. It actually goes back to the original last will and testament of Pukepuke Tangiora. I, for one, was gobsmacked when I read about, and delved into, this particular topic to find that Parliament could overturn somebody’s last will and testament. It was Pukepuke Tangiora’s last words on a piece of paper, so I was very, very surprised that Parliament was able to overturn those wishes. I think what we will do tonight is make a grand gesture to that family.
Finally, I say in response to Mita Ririnui and the opportunities that he says we may have missed—that is, having a good hard look at the Te Ture Whenua Maori Act—that I am very hopeful that in the new Parliament we will get to review the Te Ture Whenua Maori Act, because it is over 15 years old. It was brought to the House primarily to stop the alienation of Māori land. I think that now that we have grown as a people, it is time for us to review that law in terms of how Māori go ahead and move forward as the economic powerhouse that they are.
Having said all of that, I say thank you to the Minister of Māori Affairs. I say thank you to the Associate Minister of Māori Affairs, the Hon Georgina te Heuheu, for bringing this, finally, to the House and for ending a very, very long, long journey tonight. Kia ora.
Hon SHANE JONES (Labour) Link to this
Ā, tēnā anō tātou e te Māngai o te Whare. Tuatahi, e whakaatu atu ki a tātou i roto i te Whare, ka tautoko mātou o te Rōpū Reipa i tēnei pire kia oti wawe tana whiriwhiringa i tēnei pō. Tautoko anō hoki mātou i ngā whakaritenga i whakatakotongia ai kia kaua rawa atu tēnei pō katoa e pau i a tātou e taukumekume ana mō tēnei pire. Konei atu i tērā, puta ngā kōrero atu i taku hoa i a Mita, ko te nuinga o ngā mahi ēhara mātou i te tauhou ki ēnei mahi, mēnā e oti i a mātou te whakamahi i te ture hei muru i ngā raruraru, he aha oti te hē o tērā, kia riro mā te iwi nō rātou ngā taonga e whiriwhiri me aha ngā taonga.
Ngā poari o te Ao Māori, kua tō te rā ki runga i ēnā poari. Ēnā poari i whakatūtūngia ai i te wā i mua noa atu, i te taha ki a mātou o roto i Te Tai Tokerau, i mua noa atu i te Pakanga Tuarua. Arā noa atu wētahi o ngā poari i whakatūngia ai e rātou ka pahemo ki muri. Nā reira, me pēnā ngā kōrero mō te wāhanga ki ngā kaupapa mātaitai, ki te pire mō ngā ika, hore he raruraru tā te mea, ki te tīnihia te ingoa, hāunga anō te ingoa engari ko te rūnanga o te poari rānei, te rōpū hei arataki i ngā take pakihi o roto i tētahi iwi, me kaua rawa atu tātou e whakauaua i te huarahi haere mā rātou; kātahi tēnei ka whakamāmātia. Nā reira, me pērā rawa te kōrero i roto i te reo aro nui, ka nui noa atu tō mātou tautoko. Nā reira, tēnā tātou katoa.
[Greetings once again to us, Mr Deputy Speaker of the House. Firstly, I want members of the House to know that the Labour Party supports this bill and its deliberations being completed very quickly tonight. We also endorse the arrangements outlined whereby we do not spend all of this evening opposing each other over this bill. Furthermore, my colleague Mita Ririnui alluded to the fact that much of what is involved is not new to us. If we can implement the law as a means of removing any problems, what is wrong with doing that and leaving it for the tribe that owns the resources to negotiate how those resources are to be used?
As far as Māori boards are concerned, the sun has set on them. For us in the far north such boards were set up a long time ago, long before the Second World War, and several boards established back then have long since disappeared. The discussions should be the same when it comes to the part dealing with policies relating to seafood and the amendment regarding the fisheries. It is not a problem, because when it comes to a name-change—not so much the name perhaps, but rather the board’s executive; the entity to lead the business arm within the tribe—we must never hinder the way forward for the entity. That must be mollified, then. The general policy statement must therefore reflect that, and we endorse that wholeheartedly. Thank you all. ]
Naturally, we will support the Māori Purposes Bill. It need not be a matter of controversy. I find myself in the unusual position of agreeing with Tau Henare, and I am sad only that this bill does not contain a section dealing with sign language. There is scope. One of the Māori trust boards that will be improved could be encouraged to offer sign language lessons, and, indeed, I would encourage the great-grandson of the original Tau Henare in the House to take sign language lessons, to ensure that he does not unwittingly worsen his position of chairman of the Māori Affairs Committee by putting his thumb the wrong way, putting his finger in the wrong direction, or, indeed, giving the impression that he is giving a gang salute, because that will not advance the interests of our people.
The Minister of Māori Affairs this evening has been represented by Georgina te Heuheu, and she has done it ably.
I do not think we should overlook the fact that we see we are in a deep crisis when we look at the position of our young men and women in Māoridom. Whilst simplifying the process in order for Māori fisheries assets to be better managed, Māori trust boards to be slowly reformed, or Pukepuke Tangiora’s estate to be modernised, none of us—particularly Māori members on that side of the House—ought to lose sight of the fact that these are largely administrative changes that will impact on some of our people, but not the majority.
The majority of the people, particularly the young people, have been forgotten about. The policies that, unfortunately, drive a lot of the Māori affairs thinking at this particular point in time have consigned them to an unemployment scrap heap. Not a day or a night in this House should go past without our reminding the listeners of Parliament and the observers of politics that although these small amendments enjoy widespread support, the deeper malaise afflicting our people has unfortunately led to an approach riddled with neglect. There is neglect that has come from the junior party, the Māori Party, and there is widespread neglect, unfortunately, that has come from the Māori members in the National Party. It is unfortunate that this bill this evening obscures the opportunity for us to talk about those real issues. I know that wild gesticulations from the other side of the House may occupy a wee bit of space, but unfortunately they do not mask the reality, and the reality is that as our people seek to make these improvements, they are largely being forgotten, ignored, and neglected.
It is a matter of some disappointment that that neglect is nowhere more evident than in the attitude of the former Minister of Māori Affairs. These issues were dealt with in a very unsatisfactory way back then. They were tidied up by Tau Henare in his dreams, and were addressed by Parekura Horomia, and that is why we support what Dr Pita Sharples is doing this evening. But the real issue is one of wilful neglect, ignorance, and a sense of our rangatahi being jettisoned. They are being jettisoned because the current Minister and the other Māori members of the Government have other priorities, as reflected by the Prime Minister. That is an unpalatable fact, and it pains me to point it out, but in the interests of openness and the interests of candour it is very, very important to do so.
It comes as no great surprise that these fangs are actually hurting. Perhaps the best way to point this out is, although we support the bill, to remind the majority of our people that the major policies have left them worse off. Pukepuke Tangiora—kei te pai for the beneficiaries there. Fisheries—kei te pai. Māori trust boards—kei te pai. But the real challenge lies, unfortunately, in a state of neglect.
All the shouting and all the wild finger painting in the air does not change that sad reality.
I should finish on a more positive note. The more positive note is we will support this bill. We will truncate our speeches to ensure that we actually focus not only on the bill but on the issues that influence people’s lives.
I cannot be held responsible for the fact that the Māori members on that side of the House are slowly diminishing in relevance. That is of their own doing. They are irrelevant not only in the hierarchy of the party, as reflected by the very miserable rankings they enjoy, but also in the very low rankings they are scoring amongst our people. They know they have been overlooked. They know they have been neglected. It is really a story of neglect: just as the trust boards have been neglected, so the interests of Te Ao Māori have been neglected. It is a case where there is an inverse relationship between a loud voice and the ability to influence change. It is possible that some of those members opposite will be back for a second term. I have no doubt that they too will finally see the light as they watch the assets that earlier generations sought to secure and transfer to our people being wiped out and dissipated. We will not hear a single word of criticism, because of the extent to which they have been both muted and, in the case of the men, neutered. Thank you very much.
DAVID CLENDON (Green) Link to this
Kei te mihi nui ki a koutou. I am pleased to take a brief call just to affirm the Greens’ support for the Māori Purposes Bill. It is a slightly unusual situation to be in, to stand and support two Government bills in the course of a couple of hours, but there is clearly a general consensus in favour of this bill. I have not had a close relationship with the bill, but, as I say, the general consensus that it does good, and does very little harm, is reflected in the fact that all parties have supported its timely progress through the House, to ensure that its provisions are not further compromised or complicated further down the track.
To the extent that I have had some engagement with this bill, it was a privilege, I must say, to hear at some length the story behind the remarkable person Pukepuke Tangiora. Clearly she was a remarkable personality in her time. It was an interesting and a very valuable story, and one that I was privileged to hear.
Dr Pita Sharples, in his first reading comments on this bill, made the very valid point that clearly the legislation in the late 1930s and early 1940s reflected a time and a context where it was considered appropriate for the Government to have much more involvement in and control over the lives—and the quite intimate lives—of people and, not least of all, of Māori. I think that with a more enlightened age we recognise that it is only the very brave or the very foolish who would endeavour to involve themselves in matters of a family not their own, and I think it is a good thing that we are moving tonight to unpick some of that issue.
Clearly this bill has been uncontroversial, to the extent that it has had support from across the House for some time, but I think that we ought not to dismiss the difficulty that the Māori Affairs Committee has faced. It had conflicting advice and input from various submitters, and I think that, on balance, particularly in the business of administering this estate, it has found a very good solution.
The appropriate term has been found. Clearly any 3-year, 5-year, 6-year, or 4-year term will be somewhat arbitrary, but I give the select committee credit for the fact that it has made a decision that I think will serve the needs outlined. It is the most positive outcome that can be achieved.
Under the question of the mandated iwi organisations, having read through the background papers and the select committee report, it would seem to me that the policy underpinning that issue is that control of matters Māori should be given to Māori to make decisions about. Clearly that is a principle that the Greens have and will always support, and this is just a slight manifestation of it.
The point has been made that perhaps this bill does not go as far as it might do, and perhaps there are opportunities within it to do more and to achieve more change, and that may well be a valid position. But, as I say, I do not feel qualified particularly to speak to that and therefore I will not, except to just say again that it is clear to us that this bill actually achieves some considerable good. It appears to do no harm. Therefore, we are very happy to support this bill. Kia ora.
TE URUROA FLAVELL (Māori Party—Waiariki) Link to this
Tēnā koe, Mr Deputy Speaker. Kia ora tātou katoa. He pai tonu te whakarongo ki ngā kōrero katoa i te pō nei. Ko te āhua nei, katoa o te Whare kai te tautoko ake i te ia o tēnei o ngā kaupapa. Ko tāku i te tuatahi he mihi ki ngā Minita, ki te Minita mō ngā Take Māori ki a Pita Sharples rāua ko tana Hoa Haere ko Georgina te Heuheu. Kai te rongo ake i te āhuatanga o te kōrero o te taha Reipa i a rātau e kī ana, ā, i tīmata mai ai i te wā i a rātau, ā, me mihi ka tika.
Me mihi anō rā ki te tiamana, ki a Tau Henare, nāna tonu mātau i ārahi i roto i ngā kōrero o te wā. I tae atu au ki roto i ngā kōrero mō tēnei pire, me kī, te wā i eke atu ai te whānau o te kuia rā, me kī, ko ngā uri o Pukepuke Tangiora. I reira au e whakarongo ana ki ngā kōrero.
Ki taku mōhio, taihoa ake nei ka hoki mai ki tērā o ngā kaupapa ēngari, ki taku mōhio, i tōna whānuitanga he pai tēnei pire. Arā nō ōna painga ahakoa kua whakawehewehehia ki ngā mea e whā. I tōna mutunga mai, he painga anō rā o ngā mea katoa. Mēnā ka tīmata anō rā i roto i te Maori Trust Boards Act 1955, he tika tā te Hōnore Shane Jones, ē, nō te ao kōhatu kē tērā o ngā pire, arā nō nā te hunga kua ngaro atu i noho nei i raro i te āhuatanga o ngā poari o ngā koroua, te nuinga he tāne i tērā wā. Nō reira, kua eke ki te wā, me kī, ki te titiro ki te ao hōu. Ki tāku titiro, arā nō ngā raruraru kua puta i roto i ngā poari ā-tawhito nei ēngari i tēnei rā nō te ao hōu, arā nō ngā kaupapa kua āhua rerekē ki ērā i wānangahia e ngā koroua i te wā i a rātau. Nō reira, me titiro ki tētahi huarahi hei whakatikatika i ērā raruraru. Ko tētahi mea ohorere ki a au, ko te noho o ngā poari nei i raro i ngā here o te Minita, otirā, o te Kāwanatanga mō te whakaaetanga ki te tuku pūtea, ā, ko te mana i hoki mai ki ngā Minita. Ka mutu, pēnei i tā te pire e kī nei, me huri, me tīni te ture kia whai ko tā te ao hōu e pīrangi nei.
Nā, mō te wāhanga e pā ana ki Te Ture Whenua Maori Act me ngā koporeihana, me tautoko ka tika, te whakangāwari mai ai te whakahaere o ērā o ngā ture, ka mutu, kia whakatikatika ētahi take kua roa e noho tārewa ana.
Mō te taha ki te Maori Fisheries Act 2004, he painga anō rā o tēnei wāhanga i te mea, ko ētahi o ngā rōpū hōu pēnei i ngā rūnanga, pēnei i ētahi o ngā poari kua puta i roto i ngā take ā-tiriti, he hiahia nō rātau ki te whakakao mai i ngā rawa katoa i raro i te korowai o tētahi rōpū, anā, ko Ngāi Tūhoe tētahi e whai atu i tēnei tikanga.
Ka mutu, ko te wāhanga o ngā rawa o Pukepuke Tangiora, ahakoa he uaua tērā take i te mea, he taukumekume i waenganui i te whānau, i tōna mutunga mai ki tāku titiro, i kite mātau i tētahi huarahi hei whāinga. Ēhara i te mea ka rata mai te katoa ki tēnei huarahi engari, i te mea ruarua noa iho, kotahi tonu te mea e toe ana, ka riro māna e whakatau te tikanga kua eke ki te wā kia whakatau i tēnei take, i tēnei wā tonu nei. Nō reira koinei tāku e kī nei ki te katoa o tēnei o ngā Whare.
[Greetings, Mr Deputy Speaker, and greetings to us all. It is great to listen to all the speeches tonight. It appears that the whole House supports the tenor of this policy. First, I want to acknowledge the Ministers, namely the Hon Dr Pita Sharples, Minister of Māori Affairs, and his Associate Minister, the Hon Georgina te Heuheu. I note the comments by Labour that the bill started when it was in Government. I acknowledge that, of course.
I must acknowledge the Hon Tau Henare, the chairman of the Māori Affairs Committee, as well. He guided us at the time through the deliberations. I joined the committee when submissions on this bill were being heard, at the time when the family and descendants of that elderly lady Pukepuke Tangiora were making their submissions. I was there listening to the talk. I understand those talks, which I will come back to later.
This bill in its entirety is a good one. Its benefits are enormous. Despite it being divided into four parts, in the end everything has its positive aspects. If we begin with the Maori Trust Boards Act 1955, the Hon Shane Jones is right in saying it is one from the Stone Age. A vast number of those who served on boards—ancient ones, the majority of whom at the time were men—have long since died. Therefore, the time has come to look at the new world, shall we say. From my perspective, many, many problems came out of the old trust boards, but in this day of the new world matters are somewhat different from those discussed by the old ones in their time. Therefore we must look for a way to address those problems. What alarms me is the fact that these boards are accountable to the Minister, and indeed to the Government, in terms of agreements around the release of funds, and that the mandate must come back to Ministers. In the end, it is like what this bill says: the law must be changed to accommodate the needs of the present world.
In terms of the part dealing with Te Ture Whenua Maori Act and incorporations, support must be given to ease the control of those laws. This would eventually lead to some matters that have been suspended for a long time being amended.
In respect of the Maori Fisheries Act 2004, this part has benefits as well, because new entities like tribal councils and some boards that have emerged out of Treaty matters want to bring together all of their assets under the cloak of a single entity. Ngāi Tūhoe is one tribe aiming to do this.
Finally, although the part that deals with the Pukepuke Tangiora assets is a difficult one and there is tension among the family, in the end—and from my perspective—we have found a way forward. Not everyone will be satisfied with this, because there were not many options; there was only the one option left to resolve this issue at this present time. This, then, is what I advocate to everyone in this House. ]
We are looking for some benefits to come out of this particular legislation, and I say that from my perspective and the Māori Party’s perspective we are very pleased that there will be benefit across the board. Mr Jones might have the view that it does not get everyone, and that is probably correct, but as far as I am concerned, the legislation was fairly focused on fixing up legislation that had long needed to be considered and fixed up. I think that the Māori Affairs Committee has done a good job of addressing those issues. As I say, I acknowledge the leadership provided by our two Ministers, the Hon Georgina te Heuheu and Dr Pita Sharples, and by our chair, the Hon Tau Henare, who did a good job of keeping us on track and keeping us focused. Ka nui te mihi ki a rātou.
[I acknowledge them greatly.]
Will this bill benefit Māori? I think that it will. It improves accountability arrangements between Māori trust boards and their beneficiaries—that is one thing. It removes Crown involvement in the estate of Pukepuke Tangiora and provides the beneficiaries with sufficient time to make decisions on the future governance entities for the estate. It improves the administration of Te Ture Whenua Maori Act 1993 and the Maori Incorporations Constitution Regulations 1994, and removes an unintended consequence of the Maori Fisheries Act 2004.
I will touch just briefly on those four Acts. Firstly, there are the changes to the Maori Trust Boards Act 1955. As other speakers have said, we are in a new world. The old, traditional Māori trust boards, as Mr Jones outlined, come from a time when they were mostly male-dominated. They had their time, they had a place, but things have moved on. We can reflect on some of the good things that have been done by those trust boards, but also we recognise that times have moved on and we need to make some changes.
For example, the bill provides direct accountability between the trust boards and beneficiaries, which has got some of the boards into hot water in times gone by. For fear of getting myself in hot water, I had better not mention any of them, but a number have got themselves into some real clashes with their beneficiaries. This bill requires them to hold a hui-ā-tau—an AGM—and report back to their people. I am sure that those people will appreciate that.
The bill removes the requirement that trust boards have their financial information approved by the Minister of Māori Affairs and audited by the Office of the Auditor-General. The Minister now has to receive just their accounts and an annual budget for information, which is a really big move for some of those boards. Again, as I say—I cannot remember, but the Hon Tau Henare might be able to remind me—it seemed to me that the Te Arawa Māori Trust Board was restricted to signing off only a certain amount of funding. It had to come back to the Minister to get approval for more, and I think the limit was only a small amount. How much was it?
TE URUROA FLAVELL Link to this
It was a couple of hundred dollars. It had to come back and get sign-off for more than a couple of hundred dollars. That is crazy. It might have been good in 1955 but these days it just does not cut it, so I think there are some good things there.
As others have said in relation to the changes to legislation affecting the estate of the Pukepuke Tangiora whānau, this bill removes the role of the Crown in the administration of the estate of Pukepuke Tangiora. We agreed pretty much with that; it was not appropriate that the trustees were appointed by the Governor-General on the recommendation of the Minister. We kind of thought we should put that administration back in the hands of the whānau and let them sort it out. We will give them some time, and the Māori Land Court will hear matters relating to the administration of the estate, including the appointment and removal of trustees.
The bill extends the time at which the estate must be distributed to 5 years after the death of the last life beneficiary—which some might not agree to, but I think that was where we got to after a good discussion—to enable the estate to have time to make decisions about future governance entities to hold and manage the estate assets. Consultation hui, as we heard, were held with the beneficiaries and trustees of the estate about those matters and, although there might have been a little bit of disagreement, in general terms they came with it.
I will not touch too much on the changes to the Te Ture Whenua Maori Act, other than to say that minor technical details will improve the administration of the legislation—for example, clarifying situations whereby Māori landowners are required to send copies of documents to the Māori Land Court.
Finally, there are changes to the Maori Fisheries Act. As I said, the time has come for us to open up the door to allowing our iwi entities, if they decide to, to draw in those mandated iwi organisations under one banner for the benefit of getting better leverage from the asset. In my particular case in Waiariki, I know that the Tūhoe nation have been looking forward to the ability to pool together their fisheries—
TE URUROA FLAVELL Link to this
That is according to that member. The Tūhoe ones reckon they have their own nation, and I too am happy to say they do. But anyway, I am just saying that it is a good idea that they are able to pool together all of their assets into one bag, and therefore get maximum leverage in that regard. As I say, he painga anō rā o tēnei o ngā pire, mō te hunga i rongo nei i tōna kakara. Te tikanga ia, ka puta ngā painga ā kō ake nei. Kia ora tātau.
[This bill has positive aspects for those touched by its effects. Hopefully its benefits will emerge in good time. Greetings to us all.]
PAUL QUINN (National) Link to this
Kia ora, Mr Deputy Speaker. Tēnā koutou te Whare. The Māori Purposes Bill in many ways is considered, like most of these bills, to be an administrative, tidy-up bill.
Just listen a little longer and find out, e hoa. But in fact this bill, in many ways, represents the difference between that side of the House and this side of the House, because the bill is much more than just an administrative tidy-up. This bill is about getting rid of paternalism and handing power back to the people. In fact, it is a living document that espouses the Te Puni Kōkiri mantra of Māori realising Māori potential—getting rid of the State, getting rid of the paternalistic organisations that try to tell us how Māori should live their lives, and allowing them to achieve their own aspirations in their way. We have only to go through three specific parts of the bill in order to realise that.
The first one, of course, concerns the estate of Pukepuke Tangiora. We have heard a lot about that, including speeches from Labour: the excellent contribution from my cousin Mita, and to a smaller extent all the waffle from Shane. There was something in there, and I think he was supporting the bill. But the surprising thing about this matter is that it took a National Government to understand that these people wanted to do it themselves and get rid of the State from their lives. So this is just the first example in the bill of taking the State out of people’s lives, out of Māori communities’ lives, and handing the power back.
We then move to the amendment to the Maori Fisheries Act. I will read from the explanatory note part of the general policy statement in respect of the amendments to the Maori Fisheries Act: “This ability to transfer status and assets was not contemplated when the Act was developed,”. Shane Jones was the chair of the Treaty of Waitangi Fisheries Commission when that Act was put in place. I tell members, as true as I stand here, that this very issue was pointed out to the commission. It was told that given the way that Labour had designed the Act, Māori iwi would not be able to restructure their fisheries assets to their own advantage, without going back to the chair, Shane Jones. Shane wanted to stamp his mark—you know; he needed to earn his chairperson’s per diem. He needed to earn his chairperson’s commission while he was double-dipping as an MP.
He was double-dipping, so he justified that by trying to force Ngāti Awa to come and say they wanted to change their corporate structure, saying: “Please, please, Mr Jones, can I have your permission?”. That is the sort of paternalistic approach adopted and typified by members on the other side of the House.
Of course, finally the commission, now that Shane has moved out of there, has got rid of the oversight and actually let Māori people get on with their lives. It has finally come to the realisation that, actually, Māori iwi should be able to restructure their affairs internally without having to go back to the commission. So we applaud this move and fully support it. Again, this change is enabled only because a National Government has shown initiative.
There are also amendments to the Maori Trust Boards Act, to enable trust boards to report to their own iwi. How long has that problem been in the Act? It has been there since 1955. How many Labour Governments have we had in that time?
Labour had 9 long years. It just goes on and on. Again, it has taken a National Government to empower the Māori people.
As we can see, and as I hope I have explained to the House, this bill is a testament to the values set of the National Government, in terms of enabling people to get on with their lives without the State interfering. It is about Māori realising Māori potential. Thank you.
Mr DEPUTY SPEAKER Link to this
Just before I call the honourable member, can we use full names for titles. I know it has been happening on both sides. If you are all cousins I guess that is fine, but we do have to use proper names.
KELVIN DAVIS (Labour) Link to this
Tēnā koe, Mr Deputy Speaker. Tērā tētahi kōrero kua rongo ahau i runga i ngā marae o te nōta, e māmā noa iho ngā kōrero o te kaikōrero mutunga, arā, te tautoko noa iho i ngā kōrero kua puta i mua ake i a ia. Nā reira, ko wai ahau hei whakahē i ngā kōrero o ōku tuākana rā, te Hōnore Shane Jones rāua ko te Hōnore Mita Ririnui engari. Kore au e āhei kia tū ki konei ki te kore whakaiti i wēnā o ngā kōrero heahea o tērā o ngā korokē, a Paul Quinn: wāna kōrero pōrangi e pā ana ki ngā mahi kua mahingia e rātou, arā, te Rōpū Nāhinara, me te whakapae anō hoki nā te Minita, nāna i tū hei whakamāramatia ngā āhuatanga e pā ana ki tēnei pire. Nāna i kī, e whakapau kaha ana rātou o tērā taha ki te hāpai i ngā āhuatanga e pā ana ki te iwi Māori ēngari, kite ana mātou i roto i ngā niupepa ia rā, kei runga i te pouaka whakaata ia rā, ngā raruraru e pāngia nei i a tātou rangatahi Māori e kore mahi ana, e kore whiwhi ana i ngā tohu mātauranga, wērā āhuatanga. Nā reira, e whakaaro ana ahau kei hea ngā hua i kōrerohia e rātou mō tō tātou iwi Māori? Ahakoa, tua atu i tēnā, e tautoko ana mātou te Rōpū Reipa i tēnei pire me ngā āhuatanga kei roto.
Kua pāpouri ahau i te rangona i ngā kōrero a te Hōnore Tau Henare, mai i te tīmatanga o tēnei pire kua mate tētahi o ngā mōrehu o te whānau o ngā uri o Pukepuke Tangiora. Pāpōuri ana ahau te rangona mai i te roanga o tēnei pire kei tō mātou aroaro, kei te aroaro o tēnei Whare, kua mate tētahi o rātou. Nā reira, e tika ana mā mātou kia oti pai ai tēnei kaupapa hei mua i te matenga o te mea mōrehu rawa atu. Nā reira, mihi kau ana ki taua whānau i a rātou e tatari ana mō tēnei kaupapa kia ’hakatūtuki pai, arā, mō rātou kua ’hakaingoatia i roto i te pepa ōhākī o Pukepuke Tangiora mō ōna moemoeā, mō ōna wawata, mō āna uri kia ’haka tūtiki pai ai.
Tika ana hoki, e tautoko ana mātou i te pire e pā ana ki ngā ika, arā, mō ngā rawa me ngā iwi kia hokona atu ki waenganui i a rātou anō, e pai ana tēnā i te mea, ki te kore rātou e taea te hokohoko ngā rawa ki waenganui i a rātou anō, tērā pea kei ngaro atu ō rātou rawa ki tētahi kamupene, tētahi iwi kē; ki ahau nei e pai ana rātou i nāianei kia ū ki tō rātou ake tino rangatiratanga kei waenganui i a rātou anō.
Me tērā o ngā wāhanga e pā ana ki ngā poari, e tika ana mō ngā poari kia haere ki tō rātou ake iwi, kia kore rātou e ripoata ake rā ki te Minita ēngari ki te whānau, ki ō rātou whanaunga e tika mō tēnā kaupapa kia whakamanahia ai. Me tērā āhuatanga anō hoki mō rātou kia whakatū i tētahi hui ā-tau ia tau, me tētahi pūrongo ā-tau, me te whakamāramatia hoki te pūtea mō tō rātou poari. Wērā āhuatanga katoae tautokongia ana e mātou o te Rōpū Reipa ēngari, e kore au e taea te tū ki te kore e whakautua i ngā pōrangitanga o tērā taha e pā ana ki ō rātou pōhēhētanga, e hāpai ana rātou i te iwi Māori.
Hei kōrero mutunga māku, me mihi kau atu hoki hau ki tērā o ngā kuia o tēnei Whare kua huri ki tua i te ārai, arā, te Hōnore Whetū Tirikātene-Sullivan, nāna nei i tuhi mai ki ahau i muri i te pānuitanga tuatahi o tēnei pire e meatia ana, i te mahi ia i te taha o te whānau o Pukepuke Tangiora, nā reira e pāpōuri ana ahau kore ia kei konei ā-tinana hei kite i te mutunga o tēnei pire. Ēngari, mōhio ana tātou katoa o te iwi Māori kei konei ia ā-wairua hei kite i tēnei āhuatanga. Nā reira, ka nui nei ōku. Kia ora.
[Greetings, Mr Deputy Speaker. There is a saying on the marae of the far north that what the final speaker has to say is really quite easy, in that all he or she has to do is to merely endorse what others have previously said. So who am I to oppose the sentiments of my elder colleagues the Hon Shane Jones and the Hon Mita Ririnui? Neither am I in a position to stand here and rebut the foolish remarks by that extraordinary gentleman Paul Quinn: his crazy statements about what the National Government has accomplished, and asserting as well that the Minister rose to explain the functions of this bill. He said that on that side members are working very hard to raise issues of concern to the Māori people, yet the problems affecting our young Māori who are unemployed and without qualifications, all those kinds of things, are seen every day in the newspapers and on television. So I am thinking to myself, where, then, are the outcomes for our Māori people that they are referring to? Notwithstanding that, we in the Labour Party support this bill and what it contains.
I was saddened to hear in the Hon Tau Henare’s address that a surviving member of a family belonging to one of Pukepuke Tangiora’s relatives died after this bill began its process. I am saddened by the fact that one should die while this bill has been before us and the House for such a long time. The right thing for us to do for the family is to ensure that this matter is well and truly resolved before the very last survivor passes away. My fond regards go to that family as they wait for this matter to be settled properly, and go particularly to those named in Pukepuke Tangiora’s will in respect of her dreams and aspirations for her descendants.
It is absolutely true as well that we support this bill in regard to fisheries, and in particular the ability for tribes to be able to trade such resources amongst themselves. That is a good thing, because if they are not able to trade with each other, then it is more than likely that they will lose their resources to another company or tribe instead. For me personally, the resources are safe, now that the tribes retain the right to exercise their autonomy amongst themselves.
In regard to the part relating to boards, it is only right that they should go to their own tribe, family, or proper relatives to have a matter validated, instead of reporting to a Minister. This includes holding annual meetings, and presenting annual reports and financial statements about the board. We in the Labour Party support all of those situations, but I will not rise and respond to crazy statements by members on the other side of the House about their assumptions that they are uplifting the Māori people by meeting their needs.
In conclusion, I pay a special acknowledgment to one of a number of esteemed elder women of this House, the Hon Whetū Tirikātene-Sullivan, who has passed beyond the veil. She wrote to me after the first reading of this bill to say she was working with the family of Pukepuke Tangiora, so I am saddened by the fact that she is not here in person to see the completion of this bill. But all of us in Māoridom know that she is here in spirit to witness it. That is enough from me. Thank you. ]
SIMON BRIDGES (National—Tauranga) Link to this
Tēnā koe, Mr Deputy Speaker. It is a great privilege to speak on the Māori Purposes Bill. I do not know whether we will have any more bills from the Māori Affairs Committee before the end of this Parliament, and I do not know what will happen after the election. I do not know whether there will still be a National Government and whether the Prime Minister, the Rt Hon John Key—if he is Prime Minister—will see fit to put me back on this great select committee. So I pay tribute to the Hon Tau Henare. Some may say he is a hothead, and granted, I do have doubts about a man who drives a beaten-up red Audi in west Auckland, but on this bill and on many, many others before our select committee—and we are one of the busiest in terms of bills—he has chaired the committee with aplomb. I pay him the highest compliment I can pay a chair, which is that he has had the discipline not to insert himself into the committee process but to be impartial, to stand back. So he has done a very good job indeed. I pay tribute also to Minister te Heuheu and Minister Pita Sharples for their roles in this bill.
The bill of course has a real history to it, which we have heard from—
I say to Paul Quinn that it will not be my valedictory, I think. Previous speakers have outlined the real history of this bill. I do not intend to go through that or to speak for very long.
The bill is an omnibus bill. I pick up on one of the central debates in this section of this evening. The Hon Shane Jones said that, really, in this bill we are doing a pretty small set of things; the changes—to the extent that there are changes—are just administrative. I agree with my colleague the member Paul Quinn that, actually, the bill does a fair bit more than that. That is just another illustration of the differences between Labour and National. There is a common theme in what we are doing in this bill: we are improving Māori lives, we are getting the State out of people’s lives, and we are really being aspirational for the Māori people.
The bill was divided into the Māori Purposes Bill, the Maori Fisheries Amendment Bill, the Maori Trust Boards Amendment Bill, and the Te Ture Whenua Maori Amendment Bill, pursuant to Supplementary Order Paper270.
Mr DEPUTY SPEAKER Link to this
The bills divided from that bill are set down for third reading forthwith.