Māori Purposes Bill (No 2)

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

I move, That the Māori Purposes Bill (No 2) be now read a second time. Māori Purposes bills are convenient vehicles to provide for the ongoing maintenance of a wide range of legislation that affects Māori. The Māori Purposes Bill (No 2) carries on this tradition by bringing together amendments to a number of Acts related to Māori affairs, namely the Maniapoto Maori Trust Board Act 1988, the Maori Trust Boards Act 1955, the Treaty of Waitangi Act 1975, and Te Ture Whenua Maori Act 1993. The changes proposed in the bill are, on the whole, housekeeping in nature. They either update legislative provisions currently out of date or improve existing provisions.

Part 1 of the bill amends the Maniapoto Maori Trust Board Act 1988 to update provisions in that Act, including a name change for the Maniapoto kaumātua council and a formalisation of the establishment of a seventh regional management committee for Kāwhia Harbour. Part 2 amends the Maniapoto Maori Trust Board Act 1955 to specify a minimum voting age for trust board elections and validates voting irregularities that may have occurred in the past. Part 2 also updates section 10 of the Act to reflect the new annual payment to be made by the Crown to the Tuwharetoa Maori Trust Board under a new agreement relating to Lake Taupō. Part 3 amends the Treaty of Waitangi Act 1975 to increase the maximum membership of the Waitangi Tribunal from 16 to 20 members, and it also makes technical drafting changes to section 6 of that Act. Finally, Part 4 corrects two minor drafting errors in Te Ture Whenua Maori Act 1993. The Māori Affairs Committee has recognised the mechanical nature of these amendments and has recommended that the bill be passed without change.

I take this opportunity to thank the Māori Affairs Committee members for their careful consideration of the bill. I also thank those who submitted on the bill and acknowledge their contributions to this important process.

Although I have emphasised the technical nature of these amendments, I note that their passage into law will be significant to a number of Māori groups. A case in point is the amendments to the Maniapoto Maori Trust Board Act 1988. Some years ago five marae from Kāwhia Harbour came together to establish a regional management committee. The purpose of this committee is to provide a means for these marae to facilitate participation in decision making relating to their area. The Maniapoto Maori Trust Board fully supports the committee’s operation but cannot be provided with the necessary funding until the committee is properly formalised in legislation. This formal recognition will be achieved with the passage of the bill, and these marae will be fully funded to continue their good work.

I note that some submitters opposed the establishment of a regional management committee that represented two of these marae, Te Mahoe Pa and Mokai Kainga. The Māori Affairs Committee asked my officials to consult with the Maniapoto Maori Trust Board on the issues raised by submitters and to clarify whether submitters had the mandate to speak on behalf of these marae. To these ends, my officials consulted with the trust board and representatives from Te Mahoe Pa and Mokai Kainga marae. The trust board of Te Mahoe Pa and Mokai Kainga confirmed that they continued to fully support the establishment of the committee and did not support the korero of the submitters. The select committee acknowledges this further consultation in its report, and agrees that submitters were not supported. I am glad that the committee was assisted by this additional information, and I thank the trust board and marae representatives for their quick and clear response to this issue. I note that there is still a point of clarity to resolve in relation to how the consultation is described in the committee’s report. I requested that the committee consider correcting its report to accurately describe who was consulted on this issue.

I move to the amendment to section 10 of the Maori Trust Boards Act 1955. This is a significant amendment for Ngāti Tūwharetoa. It is on the passage of this bill that a key condition of the agreement between the Crown and Ngāti Tūwharetoa relating to Lake Taupō will be triggered. In late 2007 the Crown and Ngāti Tūwharetoa came to a comprehensive agreement relating to Lake Taupō, under which the Crown agreed to pay the Tuwharetoa Maori Trust Board a new annual payment. Before the trust board can start to receive the new payment on behalf of Ngāti Tūwharetoa, section 10 of the Maori Trust Boards Act needs to be updated to record the new amounts. Ngāti Tūwharetoa has been waiting for this amendment to take effect so it can get on with business and realise the potential of its settlement. This will become a reality on the passage of the bill. On 1 July this year Ngāti Tūwharetoa will start receiving its annual payment.

We will also see the membership of the Waitangi Tribunal increase by four. Currently up to 16 people can be appointed to the Waitangi Tribunal. This will increase to 20 on the enactment of the bill. This expansion of the tribunal’s membership comes at an important time as the deadline for submitting historical treaty claims approaches. The tribunal is committed to reporting back by 2015 on all historical claims it receives. It has requested extra people power to meet this goal. With the potential to appoint four extra members, the tribunal will be able to request additional expertise as and when it needs it over the forthcoming years to assist it to inquire into and report on all historical treaty claims. I take this opportunity today to thank current members of the Waitangi Tribunal for all their work. I hope that the provision of four extra members will help ease the pressure on current members, particularly kaumātua members, who work tirelessly to assist the tribunal in its important endeavour.

With the passage of this bill, we will also see the minimum voting age for Māori trust board elections lowered from 20 to 18 years. This will be a welcome change for those Māori trust boards that are also fishery settlement entities. These trust boards must comply with both the Maori Trust Boards Act and the Maori Fisheries Act. However, both Acts have different voting ages, which create problems with trust boards come election time. They have to ask whether they should let their older rangatahi vote, as allowed by the Maori Fisheries Act, or instead comply with the Maori Trust Boards Act and exclude them. Opting either way, trust boards breach their statutory obligations under one or the other Act.

Trust boards will no longer be in this bind once the Maori Trust Boards Act is amended. The lowering of the minimum voting age to 18 years will bring much needed clarity to the election processes of Māori trust boards. It will also mean that 18 and 19-year-old trust board beneficiaries can be legitimately involved in deciding who will manage their governance entity and fishery assets. As acknowledged by the New Zealand Māori Council in its submission on the bill, the lowering of the voting age will also allow rangatahi to engage in a process that one day they will drive. The bill will also remedy any adverse effects that may have resulted from two different minimum voting ages being on the statute book.

As I have mentioned, some trust boards have complied with the Maori Fisheries Act and let 18 and 19-year-olds vote. Doing so, technically, breaches the Maori Trust Boards Act, so it is necessary to validate the instances where this has occurred. I therefore wholeheartedly support the committee’s recommendation that the bill proceed as it is with no amendment. I hope that it progresses through its remaining parliamentary stages at a healthy pace and that these important legislative changes are realised in the very near future. I commend this bill to the House.

Hon GEORGINA TE HEUHEU (National) Link to this

I am very happy to rise and take a call on the Maori Purposes Bill (No 2) and to say hello to various people affected by the bill who are in the gallery tonight. The Minister has run through in some detail the nature of the changes outlined in the bill. I guess, in a sense, he is correct to say that they are generally housekeeping in nature. Politicians are very fond of describing changes in this Maori Purposes Bill in that manner, yet to those on whom the changes impact they are clearly much more than housekeeping, otherwise they would not make the effort to come to Wellington to hear the various stages of this bill as it passes through the House.

In respect of the changes to the Maniapoto Maori Trust Board Act, as the Minister rightly pointed out, one of those proposed changes is to formalise a new regional management committee for Kāwhia Harbour. The committee received some comments and submissions on this matter, but following some consultation it appears that all who are affected by it are happy with the proposed change. When one thinks of what it will do—it will enable the new regional management committee for Kāwhia Harbour to properly represent its constituency so that it becomes eligible for funding, and enables voting rights in trust board matters—one sees that, clearly, it is an important change.

There are two other changes to the Maniapoto Maori Trust Board, but the only other one I will mention is the change of name for the Maniapoto council of elders. Currently, the name is Te Mauri o Maniapoto, and the elders felt that that was inappropriate, as the use of the word “Mauri” applies better to marae than to a council of elders. So they have suggested—and it will be the case—that after this bill passes into law the council will be known as Te Kaumātua Kaunihera o Maniapoto. Those are just two changes. They are small in nature, but they are very important to the Maniapoto Maori Trust Board.

I will also mention changes to the Maori Trust Boards Act, specifically in respect of the Tuwharetoa Maori Trust Board. The changes are to the annual payment to be paid by the Crown under a new agreement that was forged between the Crown and the trust board in September last year. Again, that will bring to a point of conclusion something that was actually started back in 1992 when the bed of Lake Taupō was vested in the Tuwharetoa Maori Trust Board, and certain other property rights were basically left to be dealt with at a later stage. This is that stage. I know that for those at home this provision that comes before us tonight is a very important provision. It relates to certain other property rights in respect of Lake Taupō.

Once the law passes it will enable the trust board, with its new format, to develop an enhanced relationship with the Crown, which, I think, is always an important thing when iwi or iwi bodies are engaging with the Crown. So this will enhance that relationship, as, I guess, do the other changes I have mentioned. The Maniapoto Maori Trust Board’s relationship with the Crown will be enhanced as well.

Ultimately, the relationship that was forged when the Treaty was signed, even though some did not sign it, was what the Treaty was about. A lot of the legislation we see coming before the House tries to enhance the relationship between Māori and the Crown, although I must say that legislation under the current Minister has been a little bit of a long time coming. I guess in election year he feels he needs to get on and make changes that will enhance his tenure. I hope it does, but I am not sure that it will. However, that is another matter. I think that any legislation that comes to this House that enhances the relationship between Māori and the Crown is good—not just for the parties but for New Zealand as a whole—because, ultimately, these trust boards, these Māori entities, are operating in the wider picture in New Zealand society and in the New Zealand economy. It is a good thing when we can see these types of enhancements.

The only other comment I will make is in relation to the Treaty of Waitangi. My colleague Chris Finlayson will comment in more detail. I have already mentioned the relationship under the Treaty. There are some changes to the Treaty of Waitangi Act 1975, the main one being the increase in the statutory limit on the membership of the Waitangi Tribunal, whereby the membership can increase to 20. I think I made some comments in my first reading speech that it is all very well for Parliament to make these kinds of provisions, but we have to have a Government that recognises the absolute importance of the role the Waitangi Tribunal plays in the Treaty of Waitangi settlement process.

I do not know that this Government has a really keen sense of the importance of that role. The reality is that over the 9 years that the Labour Government has been in power the tribunal has struggled year after year. It has had to scale back its forecasts, in terms of the number of sittings it might hold and in terms of the reports that it might write. Now, however, we have the ability to increase the membership to 20, but that is worthwhile or of value only if the rest of the tribunal infrastructure is properly supported to enable 20 members, if it is deemed necessary, to sit at a more regular rate than the members now do.

As a key to the whole settlement process, the tribunal needs to be able to get on with its part in the process and enable iwi to again move on with settlements, to get grievance out of the way, and to ultimately enhance that relationship between Māori and the Crown. The amendments here are housekeeping, but National recognises that they are very, very important to the entities concerned and ultimately to the ongoing relationship between, Māori, iwi Māori, and the Crown.

Hon MITA RIRINUI (Minister of State) Link to this

Kia ora, Mr Assistant Speaker. I speak today in support of the Maori Purposes Bill (No 2). The bill includes an important amendment to the Treaty of Waitangi Act 1975 that will increase the upper limit of the membership of the Waitangi Tribunal from 16 to 20. As an Associate Minister in charge of Treaty of Waitangi Negotiations, I find this a very, very important amendment to the bill.

In 2006 the Government responded to calls from New Zealanders to streamline the Treaty settlement process and set a closing date of 1 December 2008 for the submission of historical Treaty claims. The closing date represented the first step in a wider Government policy that aims to settle all historical Treaty claims by 2020. This policy recognises the importance of the Treaty settlement process for New Zealanders, while ensuring that historical Treaty settlements are attained in a fair manner and within a reasonable time frame.

A key part of this Treaty settlement process is the role of the Waitangi Tribunal. Established in 1975, the tribunal’s jurisdiction was originally limited to making findings and recommendations relating to events dating from 1975. Its original membership consisted of a chairperson plus two other persons. However, in 1985 the tribunal’s jurisdiction was extended, allowing it to investigate events dating back to 1840. To meet this increased jurisdiction, the membership of the tribunal was also increased to a maximum of 16 members. One of them, Mrs Georgina te Heuheu, is sitting over there on the Opposition benches.

Few of us who have observed, or who have been direct participants in, the journey our nation has been taking since 1985 could dispute the huge impact that the tribunal and its inquiries have had on our development—who we are, where we come from, and how we do things. The work the tribunal achieves is wide, varied, and intensive. Claimant communities go to considerable efforts to put their stories before the tribunal, and few people could deny the efforts of the tribunal members themselves to ensure that these stories are respectfully heard and recorded. In particular, the workload of historians and kaumātua members will intensify over the next few years as the number of historical claims needing inquiry increases, and the tribunal reports back on these inquiries over a more concentrated time frame. The efforts and expertise of all tribunal members are invaluable to the work of the tribunal and provide immense support for both claimants and the Crown alike.

The support of up to four additional members over this time period will greatly assist with the responsibility the tribunal now faces. It is this need for extra support that brings the amendment before the House today. By providing the tribunal with additional members to respond to its increased workload, we are ensuring that the tribunal has the necessary expertise and human resource to provide claimants with a timely yet comprehensive claims process. Furthermore, the amendment is likely to come into effect before the closing date of 1 September 2008. This means that the tribunal will be resourced to hit the ground running once the closing date passes.

As I said at the beginning of this speech, the setting of a closing date for the submission of historical Treaty claims represented a first step in the Government’s commitment to settling all historical claims by 2020; both the closing date and the 2020 policy are important developments in our nation’s progress towards the final settlement of historical Treaty claims. I am pleased to support the next step—an important step—of providing the Waitangi Tribunal with the additional resources it needs to contribute to the goal of settling all historical claims by 2020. Thank you.

CHRISTOPHER FINLAYSON (National) Link to this

I intend to take only a relatively short call in the second reading debate on this legislation, which the National Party supports. The members of the Māori Affairs Committee enjoyed the relatively brief submissions, which focused on Part 2 and Part 4. But I will acknowledge in passing the Maniapoto Maori Trust Board. My friend Mrs te Heuheu and I had a very pleasant visit at Te Kūiti a few weeks ago with that board. It does good work, and we are delighted to be able to make those minor changes and to acknowledge the great work it does.

Of course, Ngāti Maniapoto have not had their Treaty settlement yet, and I certainly hope that they do manage to achieve it in the next few years. I recall going to their trust board. It has had some outstanding New Zealanders as members on the board and in people from Ngāti Maniapoto. I noticed the photo of the Hon Koro Wētere, for example, on the wall. This iwi has made a huge contribution to New Zealand over the years.

I will not dwell on Part 2, although like my friend Mrs te Heuheu I acknowledge the presence in the Chamber of representatives of the Ngāti Tūwharetoa Māori Trust Board. They, too, were very generous in welcoming representatives of the National Party to Taupō a few months ago. We enjoyed our visit with them, and we are delighted at the huge progress they are making in terms of their various Treaty settlement claims.

I want to say something about Part 3, because it raises two important issues. The first relates to the constitution of the tribunal. As the previous speaker and other speakers have said, the numbers on the tribunal will be increased from 16 members to 20. As I said in my first reading speech, I certainly hope that the Government will properly resource the tribunal, particularly by appointing increased numbers of historian members. In my experience of appearing before the tribunal, I think that that is the area where there is a real need, and with the retirement of various distinguished historian members of the tribunal over the years, I believe that they need to be replaced, and replaced very soon. It is all very well to increase the numbers on the tribunal, but the tribunal needs to be properly resourced so that it can deal regularly with the various applications before it, rather than undertake the stop-start approach it is forced to because it is starved of funds.

The second point I wish to dwell on in terms of Part 3 is a drafting matter, but it is a sensible measure and relates to section 6 of the Treaty of Waitangi Act 1975. Because of drafting practice, section 6 over the years has become larger and larger due to repetitive amendment. It is proposed that when one has a Treaty settlement, instead of amending section 6 of the Treaty of Waitangi Act, the enactments to which the jurisdiction of the tribunal is subject will be referred to in a new schedule 3 to the 1975 Act, and I think that that is a very sensible move. It is hardly a matter of great contention. It will mean that when an incoming National Government gets on with the business of settling these very important claims, instead of constantly coming back to Parliament to amend the Treaty of Waitangi Act, the settlements and the enactments to which the jurisdiction of the tribunal is subject can simply be set out in schedule 3 of that Act.

It is very sad, though, when one looks at the proposed new schedule 3, to note just how poor the performance of this Government has been in the last 9 years. It has had every opportunity to build on the huge contribution to this incredibly important process that was initiated by Doug Graham and Jim Bolger, but members should look at the record over the last 9 years. When one looks at the proposed new schedule 3 of the bill, one sees the failure of this Government writ large. It is very disappointing that all the statutes referred to in schedule 3 relate to settlements that were begun under a National Government. This Government has failed in many areas, but nowhere more starkly and more sadly than in the area of Treaty settlements. It is all very well to deal with the machinery of the 1975 Act, but it is quite another thing to embark on the settlement process with enthusiasm, optimism, and faith in the future of our country. That approach has been singularly lacking under the various useless Ministers in charge of Treaty of Waitangi Negotiations in this Government.

So there we have it. This bill is largely an uncontroversial piece of legislation, but I felt I should make a brief statement about the changes to the Treaty of Waitangi Act 1975, because that will be an area where the John Key - National Government will be working very hard for Māori and for all New Zealanders.

HONE HARAWIRA (Māori Party—Te Tai Tokerau) Link to this

Tēnā koe. Tēnā tātou e te Whare. Hoi nō, hei tīmata i taku kōrero i te pō nei me mihi atu ki ngā tokorua kua mate atu i te rā nei. Tērā, ko tō tātou matua a Alec Phillips, te kaiārahi o te Manu Ariki mē tō tātou tuahine anō hoki, a Māhinarangi Tocker, tētahi o ngā tino pū wāiata o te ao Māori. Nō reira, haere kourua. E ngā mate, haere hoki atu ki te okioki, ā tōna wā ka tūtaki anō tātou i a tātou.

[Greetings to you, and to us, the House. So to begin my address this evening I want to acknowledge the two who passed away today. That fatherly figure of ours, Alec Phillips, leader of Manu Ariki, and our sister Māhinarangi Tocker, renowned singer of the Māori world. Farewell, therefore, to you two. Depart the dead, return to the resting place. Farewell the dead, we will meet again in time.]

I want, first of all, to pay my respects and say my farewells on behalf of all the Māori members of Parliament to those two people who have passed on today: Alec Phillips, from Manu Ariki, and Māhinarangi Tocker, one of the great singers from the Māori world. Their loss is felt by all of us.

Me te mihi anō hoki ki te whānau o Tūwharetoa kua tae mai i te pō nei kia rongo ki ngā kōrero nei. I welcome the whānau from Tūwharetoa who are here this evening.

The Māori Purposes Bill (No 2) has a number of points that are easy for us to support. The Māori Party is happy to support the proposal to allow 18-year-olds to vote under the terms of the Maori Trust Boards Act, given that 65 percent of those who do not bother to vote in general elections are those aged between 18 and 24. For Māori, those figures are even more important because nearly 50 percent of our population is under 19.

Our experience as a new party tells us that young Māori are interested in politics, that they have a good understanding of how voting works, and that overwhelmingly they are coming to the Māori Party as New Zealand’s party of hope and genuine change. We also know that in the past they have not bothered voting because they did not think anyone was listening. We know that the emergence of the Māori Party has changed their thinking at a national level, and maybe changing the Maori Trust Boards Act to encourage them to participate in tribal affairs will show them how keen we are for them to be part of Māori development at a tribal level, as well.

The Māori Party is also happy to support the proposal to increase the numbers on the Waitangi Tribunal from 16 to 20. We have always supported increased resourcing for the tribunal, and we support an increase in the tribunal’s membership if that will make its job easier to do.

Thirdly, the Māori Party is very keen to support the proposal enabling Tūwharetoa to finally repeal the revenue-sharing arrangements with the Crown—and, might we add, it is not before time. It is 81 years since the Crown passed legislation to give itself ownership over Lake Taupō. It is 16 years since the Crown agreed to return the title to the trust board for the benefit of its beneficiaries, and only now has it agreed to allow full revenues to be assumed by Tūwharetoa.

We congratulate Tūwharetoa on this day. We wish Tūwharetoa well in their dealings over the outstanding issue of ownership of water. We send a clear warning to the Crown that if indeed it is proper—and it is proper—that Tūwharetoa be granted title to their lakes, then so too will we continue the fight to have title to the foreshore and seabed eventually returned to Māori.

However, the part of the bill dealing with the proposed changes to the Maniapoto Maori Trust Board Act to enable Kāwhia marae to have representation on the trust board is not so clear. It seems that a difference of opinion has arisen between sections within the Maniapoto Maori Trust Board and Te Rūnanganui o Ngāti Hikairo, in respect of tribal boundaries, marae affiliation, and even iwi representation.

The Māori Party recognises the right of all marae to declare their links to more than one iwi and to honour the whakapapa they may share with more than one tupuna. But we recognise also that a dispute of this nature needs to be resolved before legislation can comfortably progress through this House. Given the outstanding differences involved, we would normally ask that the Minister take a call to advise how any likely differences might be resolved, but we are happy to hear that the various parties have themselves agreed to meet to work out how best to deal with this matter. On that basis the Māori Party is happy to support this bill at its second reading. Kia ora tātou.

PITA PARAONE (NZ First) Link to this

Tēnā koe, Mr Assistant Speaker. Engari, i mua i te haere tonu o tēnei kaupapa e tika ana ki te tautoko i ngā mihi i mihia e taku tuakana mai i Te Tai Tokerau ki ngā hunga tokorua i pā mai Te Ringa Kaha o Aituā i te rā nei. Nā reira, e te rangatira, e Alec, te tuahine kourua hoki, nā kourua i te rā nei i para te huarahi i kawe atu i a kourou ki te kāinga e kī nei, te kāinga tūturu mō tātou mō te tangata. Nā reira, ka nui ngā mihi ki a kourua, ka ea, ka ea, ka ea.

Ka huri ki a tātou te hunga ora, nā reira, tēnā koutou, tēnā koutou, tēnā koutou. Tēnā hoki koutou, te māngai mai i te iwi o Tūwharetoa, e noho nei i roto i te Whare i te pō nei. E tika ana kua tae mai koutou ki te hakarongo ki ngā kōrero e pā ana ki tō iwi i hakahua nei i roto i tēnei pire.

[Greetings to you, Mr Assistant Speaker. Before I continue to address this bill, it is appropriate that I endorse the tributes by my elder relative of the north to the two who were struck down today by the great hand of misfortune. And so to you, Alec, the leader, and to the sister, both of you who lie wasted as though in battle upon the pathway that will take you two home, the home referred to as that eternal one for mankind. So huge greetings to you. It is satisfied, fulfilled, and done.

I turn now to the living: greetings, greetings, greetings. Greetings as well to you representatives of the people of Tūwharetoa who are seated here in the House tonight. How fitting it is for you to be present to listen to the speeches about your people, who are mentioned in this bill. ]

I prefaced my contribution to this discussion tonight by acknowledging the passing of two important people within Māoridom—Miss Māhinarangi Tocker, a renowned singer in her own right, and Mr Alec Phillips, a spiritual leader from Manu Ariki. It is only correct that I acknowledge them. I have also acknowledged the presence of representatives of the Tūwharetoa tribe. I acknowledged that given that this bill we are debating at this time makes reference to the Tuwharetoa Maori Trust Board and an annuity payment, they should be here.

I want to say from the outset that New Zealand First supports the Māori Purposes Bill (No 2). It is an omnibus bill that has four particular issues. One is the Maniapoto Maori Trust Board. During the hearings by the Māori Affairs Committee we heard the reasons for the change of name from “Te Mauri o Maniapoto” to “Te Kaumātua Kaunihera o Maniapoto”. The name certainly reflects the task of that group. It is a council of elders and therefore holds a significant place in the tribe of Maniapoto. An earlier speaker made reference to the important contribution that that particular tribe has made to New Zealand. In relation to the King movement and the history surrounding Kīngitanga, I have no hesitation in supporting those sentiments.

The bill also proposes amendments to formalise the establishment of a seventh regional management committee for Kāwhia Harbour region. As we progress as a nation, the importance of consultation and the representation of the total community, not just some members of the community, is a very important issue. In this regard, the people of Maniapoto recognise that this is a vehicle by which they can be represented in regard to their harbour region.

The bill also makes some amendments to the Maori Trust Boards Act. When this matter was raised at the select committee, some concern was expressed by some members in terms of the retrospective effect that this particular legislation had and whether it affected any decisions that may have impacted on particular trust boards. We were assured by officials from Te Puni Kōkiri that this was not the case. I think the defining point for me as a member of that committee, in terms of supporting this particular section of the bill, is that clearly there was a conflict between the Maori Trust Boards Act and the Maori Fisheries Act. It is important that there is some cohesion, and we certainly support the new voting age of 18.

People talk about them being rangatahi—being young people. They may be young in terms of some members of this House, but the fact that they have been given the suffrage—the opportunity to vote at that age—certainly suggests that they are more than just rangatahi.

The other part of the bill that I want to refer to is the amendments to the Treaty of Waitangi Act 1975. This bill proposes an increase in the membership of the tribunal from 16 to 20. Of course, this amendment is made in anticipation of the increased workload that the tribunal will have to deal with, given the closing date for the lodging of historical claims. However, I suggest to the House that the demand for extra members of the tribunal will be relevant only if the claims themselves are ready to proceed, by which I mean that the required research has been done and those groups responsible for carrying out that research have the resources to do so.

This House may recall that a few weeks ago we debated the bill about conflicts of interest. On behalf of New Zealand First I argued that there was no need for the Chief Judge of the Māori Land Court to hold consecutively the position of chairman of the tribunal. Given that we are now suggesting that we increase the number of members of the tribunal to 20, perhaps the need to have one person fill two positions may not be as strong as the original reason for appointing the one person to the two positions.

The other point I make is in respect of the Tuwharetoa Māori Trust Board. Here the amendments are made to accommodate the paying of annuity. During the select committee stage we in the Māori Affairs Committee heard that the Tuwharetoa Māori Trust Board certainly supported the amendment, so as a select committee we had no reservations about supporting them also.

So, all in all, this Māori Purposes Bill (No 2) is an omnibus bill, and the changes that have been recommended certainly reflect that. I say once again on behalf of New Zealand First that we support the passing of this bill. Kia ora.

Hon TAU HENARE (National) Link to this

Kia ora, Mr Assistant Speaker. Ngā mea tuatahi. Ki a koutou aku rangatira, tēnā koutou, tēnā koutou. E te tuakana e Hone, mihi au ki a koe me ō kōrero mō ngā tōtara nui i roto i te wao nui a Tāne. Nō reira, e kōrua Alec me Māhinarangi, haere atu rā, haere atu rā, haere atu rā.

[Thank you, Mr Assistant Speaker. First things first: to you, my leaders, greetings, greetings. To you, Hone, the elder relative, I acknowledge your reference to the great tōtara trees of the vast forest of Tāne. So to you two, Alec and Māhinarangi, depart, depart, farewell.]

I too want to pay my respects and pass on my condolences to the families of Alec Phillips and Māhinarangi Tocker. I also take this opportunity to pay my respects to our retired judge Dame Augusta Wallace.

This is basically a very small, minor amendment bill that fixes up a number of issues with the Maori Trust Boards Act 1955, the Maniapoto Maori Trust Board Act 1988, the Treaty of Waitangi Act 1975, and Te Ture Whenua Maori Act 1993 and its amendment Act of 2002. But let us cut to the chase. Let us get down and dirty. Let us get to where we should really be speaking tonight.

When the Minister of Māori Affairs tried to introduce this bill the first time there were five parts to it. The diligent National members on this side of the House pointed out to the Minister—and he has been the Minister for only 8 years—that he should in no way use the structure of a Māori Purposes Bill to force through very, very controversial legislation, namely the Maori Trustee Act 1953 and its pilfering, plundering, and filching of $35 million from the general purposes fund. That is what was on the Order Paper. Here is the briefing paper. The Minister set about trying to get the support of this House—

Hon SHANE JONES (Minister for Building and Construction) Link to this

Kia ora anō tātou. First, in our Māori language: me tautoko ahau i te poroporoaki puakina ai e Hone Harawira i tēnei pō, mō te kaumātua mai Manu Ariki, me te kaipūoro a Māhinarangi Toka, ā, ka ngāro. Me mihi nōki ahau ki tērā tangata i roto i tōku rohe i mate i te hikohiko i runga i tana hōiho hoki, i tākuira i te ahiahi nei. Engari, kāti ēnei kōrero ki tō tātou reo Māori. Tēnā koutou, tēnā tātou katoa.

[Greetings once again to us. I must endorse the opening farewell tribute by Hone Harawira tonight in respect of the elder from Manu Ariki, and singer Māhinarangi Tocker, now lost from us. I pay a tribute to that gentleman from my area as well who died when he was struck down by lightning on his horse this afternoon. But enough in this Māori language of ours. Greetings to you and to us all.]

As I have said in Māori, I too acknowledge the passing of Alec Phillips, mainly associated with the Manu Ariki, and also of Māhinarangi Tocker, the great singer whose ability was embraced and whose sounds were enjoyed not only by te iwi Māori but by all of Aotearoa. Of course, she sported that great name Māhinarangi, which is also the name of the famous whare at Tūrangawaewae.

But having dispensed with those important ceremonial acknowledgments, I now turn to remind Aotearoa that it has just heard from Tau Henare, the former Minister of Māori Affairs, the former member for Te Tai Tokerau, who now belongs to a party that is busily preparing to disestablish the Māori seats. I have no doubt that a Māori Purposes bill of the future will include a significant provision that we will regard as a poroporoaki—a haere rā, a “Now is the Hour”—a goodbye to the Māori seats. So it is important that all Hone Harawira’s relations remind him, when he and his colleagues gabble and contemplate a dalliance with the other side of the House, that they are courting a fatal outcome.

I turn to schedule 2, because in a number of these settlements credit has to be given to Mr Bolger and the leaders of the National Party before it fell into disrepair. A number of those settlements are referred to in the schedule, not the least of which is that of Kāi Tahu or Ngāi Tahu Whānui—the Waikato Raupatu claims. Schedule 2 lists them with the purpose of ensuring that the Waitangi Tribunal is unable to enjoy any jurisdiction inquiring into the fate of Crown forest lands, or any other Crown lands, that lie within that rohe, because those claims have been full and finally settled. Those claims are soon to be joined by a wide range of other land claims throughout Aotearoa, not the least of which concerns that area we know as the volcanic plateau, which has been busily cultivated by Dr Cullen and his able associates. There will be a great deal of joy, and choruses of great excitement and happiness, and the relevance of the Māori Party will be reduced as there will be very few grievances of a historical nature left for that party to trade off. Of course, we have Te Whānau-a-Apanui, and we have Ngāti Porou with a successful takutai moana settlement. Unfortunately, Tariana Turia in a flight of fancy insulted the leadership of that proud tribe under the shadow of Hikurangi mountain, and is quietly going up there in the dead of night to apologise to Koro Dewes and Apirana Māhuika—but more about that on Radio Waatea.

I shall now turn to that other proud iwi, Maniapoto, and although they live in a rather far-flung place of Aotearoa in the Kāwhia, Raglan, and Aotea areas, they are a proud iwi and their support is solidly with us, reflected by their undying commitment to return Nanaia Mahuta at the end of this year, and to endorse her ongoing good work. In relation to all trust boards from time to time, constant refinement is the order of the day, as the former Minister Tau Henare knows, on the odd occasion when he is not fishing and has time to direct his attention towards the state of our trust boards. I congratulate Parekura Horomia on ensuring that in Te Hauāuru—Te Hau-ā-uru—he was able to find such a high level of specificity that was not accurately recorded—for example, how to spell “Hauāuru” accurately. That reflects the scholarly nature of the man’s contribution—coming all the way from Te Tai Rawhiti and able to solve some problems over there in Maniapoto. Of course, Maniapoto have corrected, through this bill, a reference to Te Mauri o Maniapoto, which, quite frankly, was an affectation. Te Kaumātua Kaunihera o Maniapoto, the oldest council, is a far better reflection of what their real role is, and the mauri and other such customary concepts can be left for the marae.

Maniapoto have also corrected other things, not the least of which concerns Kakepuku. I am glad to see our people from Tūwharetoa here tonight, because Tūwharetoa actually know that the name “Kakepuku” was used by Puhiwahine in her famous waiata, “Ka Eke ki Wairaka”: kia rere aorangi te tihi ki Pirongia ki Kakepuku.

[Soaring heavenwards to the peak of Pirongia to Kakepuku.]

That is a highly noteworthy place, and also a source of great Labour Party support. There are a few lost souls, I must confess, who from time to time are reduced to listening to Hone Harawira when he moves out of the north and wanders around, unwanted, in Tainui. But they are few in number and they are generally pursued by the RSPCA because their pets have been locked up.

However, it is important that we reflect the fact that this bill also tidies up the concept of a franchise. We encourage our rangatahi to participate in rūnunga elections. We do not encourage them to listen to a single word from Dr Pita Sharples. Today that member stood up and had to give an account as to why he is indulging, endorsing, tolerating, and acquiescing with the constant wrongdoing of gangs. He stood up and tried to—

DAVE HEREORA (Labour) Link to this

Ā, ko te mea tuatahi ka huri noa ki ngā mate, a Alec Phillips rāua ko Māhinarangi Toka. Haere atu, haere atu, haere atu.

[So the first thing is to turn and acknowledge the deaths of Alec Phillips and Māhinarangi Tocker. Depart, go forth, farewell.]

I take the opportunity as chair of the Māori Affairs Committee to stand in support of the Māori Purposes Bill (No 2) in its second reading. The bill came before the committee for consideration last year. Public submissions closed in mid-February, and we have given the bill careful consideration over the past month. Although it is not a large bill, considering it is an omnibus bill, it brings together a number of amendments to four different Acts. The issues it deals with are varied and are relevant to Māori. This is reflected in the eight submissions we received on the bill, which included some passionate and some thoughtful points of view. The committee carefully considered all the submissions and subsequently was satisfied that the bill should proceed unchanged. In doing so, we recommended that the bill be passed with no amendments for the establishment of a regional management committee for Kāwhia Harbour, the lowering of the minimum voting age for Māori trust board elections to 18, the provision for the new annual payment to be paid by the Crown to the Tuwharetoa Maori Trust Board, an increase in the membership of the Waitangi Tribunal, the restructuring of section 6 of the Treaty of Waitangi Act 1975, and the general tidy-up of Māori affairs legislation as promoted in the bill.

The committee’s support for the bill was buoyed by the fact that many of these amendments are sought by Māori groups affected by current provisions. Once implemented, these amendments will provide certainty for these groups. Some submitters opposed the bill’s proposal to establish a new regional management committee for Kāwhia Harbour that represents Te Māhoe Pā and Mōkai Kāinga marae. On hearing from these submitters, the committee asked officials to seek the views of the Maniapoto Maori Trust Board, which requested this amendment, and representatives of the two Māori marae at issue. It was clear to the committee on hearing from the trust board and representatives of Te Māhoe Pā and Mōkai Kāinga marae that these marae want to be represented by the new regional management committee and that the submissions we received were not supported. To that end, I acknowledge the request of the Minister of Māori Affairs that the committee consider correcting its report to accurately describe who was consulted on this issue. It is my intention, therefore, to take this request to the committee for its consideration at our next meeting. However, most important, I note that the committee has recommended that the amendment to establish a regional management committee for Kāwhia Harbour proceed as originally introduced.

We also support the inclusion of the under-age voting validation in the bill. During our discussions we queried whether this provision was necessary, but in the end we are happy for it to progress. We agree that the validation will provide clarity to what has been a confusing situation for the trust boards. These trust boards can now move into the future and manage their affairs with confidence and certainty.

Last year the Māori Affairs Committee considered the amendment proposing a closing date of 1 September 2008. The setting of this closing date represented a first step in the Government’s commitment to settle all historical Treaty claims by 2020; both the closing date and the 2020 policy are important developments in our nation’s progress towards a final settlement of historical Treaty claims. The closing date gives Māori, the Crown, and the Waitangi Tribunal the certainty of knowing that the historical inquiry process will be completed in a timely fashion. This bill will help ensure that the completion of the historical inquiry process is done not only in a timely fashion but in a comprehensive and expert manner by providing the capacity for four extra members to be appointed to the tribunal. This is done by amending section 4 of the Treaty of Waitangi Act 1975 to raise the maximum number of appointments from 16 to 20.

As chair of the Māori Affairs Committee, I thank submitters for their contributions in what is an important process. I also thank the members of the committee for their thoughtful contributions and their input into the consideration of this bill. In doing so, I assure Christopher Finlayson that it is the Government’s intention to ensure that we adequately resource the tribunal. That is the basis behind the amendment to the Treaty of Waitangi Act 1975. Finally, I also acknowledge our Minister of Māori Affairs, the Hon Parekura Horomia, for sponsoring the bill. On that basis, I am pleased, therefore, to support the second reading of the bill and its quick passage.

Hon MARK BURTON (Labour—Taupo) Link to this

I will take a brief call on this Māori Purposes Bill (No 2), in part to add my acknowledgments of two people who have their roots in the area in which we are engaged, in this legislation. Firstly, I acknowledge Mr Alec Phillips, a highly respected member of our community from the Taumarunui area, a man from Manu Ariki whom many have visited and spent time with, and a man whose company I enjoyed on a number of occasions. We shared our discussions about matters philosophical, and also martial and physical. He was a boxer of many years past, and we shared discussion on matters of spirituality and politics but also of the martial arts in which we shared an interest. His passing is a momentous thing.

I also acknowledge Māhinarangi Tocker, a young woman whose musical brilliance is a tragedy to lose in such youthful years. A number of members will recall that we enjoyed her voice in these precincts following an election not many years past. She graced us with her presence and her music, and I think a number of members, like me, enjoyed her company and sharing music with her, on many occasions. So I acknowledge these two people, old and young—I regard Māhinarangi Tocker as young, with a talent that I, as a musician, lament the passing of. They will both be sorely missed. E ngā mate haere atu rā, haere atu rā, haere atu rā.

Briefly, the words have been spoken on this legislation. It amends the Maniapoto Maori Trust Board Act. This legislation moves us forward; I endorse the words of my good colleagues who have spoken before me, and I commend it to the House.