Hon TARIANA TURIA (Minister for the Community and Voluntary Sector) Link to this
I move, That the Ngāti Apa (North Island) Claims Settlement Bill be now read a first time. At the appropriate time, I intend to move that the bill be considered by the Māori Affairs Committee, that the committee finally report to the House on or before 17 March 2010, and that the committee have the authority to meet at any time while the House is sitting, except during oral questions, during the evening on a day on which there has been a sitting of the House, and on a Friday in a week in which there has been a sitting of the House, despite Standing Orders 187 and 190(1)(b) and (c).
Tātou o Ngā Wairiki o Mangaw’ero, o W’angaehu, o Turakina. Tātou o Ngāti Apa, tēnā koutou i roto i tēnei rangi w’akahirahira mō ngā hapū. Kua roa nei te wā kia tae tātou ki tēnei rangi. e tokomaha o ngā tūpuna i matemate ai i te pakanga mō ngā whenua me ngā taonga katoa. Kāore e kore kei te mātakitaki rātou i ngā w’akaritenga i tū nei ki mua i te aroaro o te hunga. Nō reira, rātou ki a rātou, tātou ki a tātou, tēnā koutou katoa.
[An interpretation in English was given to the House.]
[Greetings to us, of Ngā Wairiki, Mangaw’ero, W’angaehu, Turakina, and indeed us of Ngāti Apa on this great day for the subtribes. It has taken us such a long time to arrive at this day. Many ancestors have passed on in the battle for the lands and all the resources. Without a doubt they are looking down at the settlements before the assembled. And so let them rest there as we celebrate here. Greetings to you all.]
One hundred and ten years ago, in November 1899, over 200 members of Ngā Wairiki / Ngāti Apa met with the Premier, Richard Seddon, at Tini Waitara Marae. At that time, at that meeting the people shared their concerns, fearing that our fishing rights would cease if our fisheries were drained by the settlers.
They asked for the remaining lakes and swamps to be reserved, noting the impacts of the Europeans who were felling their forests. They described their lands as fertile, as valuable, and as yielding considerable taxes and profits to the Government. They spoke directly to the Premier, impressing on him the urgency of passing law to restrict any more lands from being sold, mortgaged, partitioned, fragmented, or seized for debt. But the kōrero drifted into the wind, ignored, left to linger.
This bill takes us back in time to the Crown’s purchase in 1849 of the 260,000 acres of the Rangitīkei-Turakina Block. It refers also to the subsequent failure to adequately protect approximately 35,000 acres of reserve set aside from this transaction. This bill is a direct response to the operation and impact of the native land laws. These laws contributed to the erosion of traditional tribal structures and resulted in the gradual alienation of nearly all our remaining lands. Ngā Wairiki / Ngāti Apa became virtually landless, owning less than 1 percent of our traditional rohe—our lands alienated, our people disenfranchised.
Today is a chance to right the wrong, to find our way forward. Despite the fragility of relationships between tangata whenua and the Crown, and tangata whenua and others, what settlements do is to refocus the tribe on its future. Knowing our history is crucial to our future. We must face our past front-on, not putting it aside, nor denying it, but seeing it as a pathway into the future.
We should never be afraid to speak of our past, for our foundations as whānau, hapū, and iwi are the very essence of who we are. Our stories provide a context for the lives our people live today. It helps us to understand the full value of the battles our tupuna fought to help shape our journey onwards. The long road to justice was walked by my uncles, Tokouru and Matiu Rātana before me, and by my aunt Iriaka Rātana, all of whom have served as members of Parliament. Like me, they came here because they sought a greater future for the generations to come.
As a child I heard the stories of my dad about the occupation of our lands. I knew the pain associated with the loss of names of our hapū, the sadness as our marae fell into disrepair and we lacked resources to restore them. Such was our loss that almost all of our generation today no longer can speak te reo.
In the 1970s the people rose up, making a personal commitment to restore our marae to be a place to gather again as Ngā Wairiki / Ngāti Apa. But the impacts of the loss our people suffered were really deeply felt. The journey in making progress towards settling our claims has been arduous, but from the sorrow has emerged the strength of will and the firm resolve that we can fulfil the aspirations of all those who have passed before us.
I think, then, of all those who have gone before us. I know that my Dad, my tūpuna, my aunties are watching over us with a strong sense of pride that it has been our young people who have advanced the settlement with dignity, with integrity, and with purpose. To all those who have worked tirelessly to get us here today, I thank you.
I want to mihi to the leadership of our more recent generations, including the members of the negotiation team. Their dedication and determination on behalf of Ngā Wairiki / Ngāti Apa has been vital in the path towards achieving settlement. This has been a unique aspect of settlement: the leadership of our young people. I acknowledge them today for investing in a better future for their generation and for those to come.
The settlement represents their commitment to a constructive relationship with the Crown, to restore some of the balance of what was lost. It comprises an agreed historical account, Crown acknowledgments, and an apology. It includes commercial and financial redress totalling $16 million, and a right to purchase approximately 6,500 hectares of Crown forest licensed land and other Crown-owned properties and assets.
One of the most exciting aspects is the cultural redress package designed around the aspirations of Ngā Wairiki / Ngāti Apa. This settlement focuses on cultural revitalisation and cultural reconnection, including the gifting of five papakāinga properties, and provision of resources to implement a strategy for the revitalisation of our tikanga. There is funding also to compile a comprehensive historical record and cultural reconnection in respect of the transfer of 12 sites of significance. This bill represents the hope, the opportunity to build social and cultural capital, placing it in equal importance with economic growth and development. It crystallises the ambition of Te Runanga o Ngāti Apa to reach out to other Ministers and departments, to extend right across the sectors for our long-term restoration.
A novel feature of the agreement is the opportunity to develop protocols with the Minister of Conservation, the Minister for Arts, Culture and Heritage, the Minister of Fisheries, and the Minister for the Environment. I acknowledge the leadership of the Ministers who have been involved in this settlement: the Hon Chris Finlayson, and before him the Hon Parekura Horomia, the Hon Mita Ririnui, and the Hon Mark Burton.
This bill is an important marker in the restoration of our lands stretching from Motū Karaka south to Omarupako and inland to the upper Rangitīkei. It provides us with the means to re-establish papakāinga throughout our rohe; to prepare a cultural redevelopment plan; and to restore to ourselves our knowledge of our rivers, lakes, forests, and wetlands, our wāhi tapu, and our cultural and intellectual property. Most of all, it provides us with a vehicle to grow our capital assets while at the same time re-establishing our iwi for the new millennium. I therefore consider that the bill should proceed without delay to the Māori Affairs Committee. I commend this bill to the House.
Hon MITA RIRINUI (Labour) Link to this
Otirā, kei te Kaihautū he wāhi tuatahi māku, he tuku whakamoemiti, whakawhetai ki te wāhi ngaro mō āna manaakitanga i a tātou i ngā rā ki muri tae noa mai ki te hāora o tēnei ahiahi. I runga anō i te tūmanako, ka tū tonu āna manaakitanga i runga i a tātou i te roa atu o tēnei rā me ngā rā katoa kei mua i a tātou. Tuku atu ēnei ki te wāhi ngāro i te ingoa kaha o te Matua, o te Tama, o te Wairua Tapu, āna karere ngā Ānahera Pono, te Kāhui Ariki Wāirua, a Ārepa, Ōmeka, Piri Wiri Tua me Hāmuera. Māna anō hoki e tautoko mai ai ēnei, e āwhina, āe?
Otirā, Ngāti Apa, ka roa koutou e hīkoi ana i te huarahi mai rā i ngā marae katoa o te hau kāinga, huri rauna i te motu, ā, tae ā-tinana mai ki te Whare o ngā Raiona. Hai aha? He kawe mai i te aroha me ngā moemoeā o rātou kua ngaro ā-tinana atu. Nā runga i tēnei, ka mihi kau atu nei ki a koutou mō te māia, mō te kaha, ā, mō te māramatanga kei waenganui i a koutou. Me te mihi anō rā ki tā koutou pononga e noho nei i roto i tēnei Whare, tā koutou mema, tā koutou Minita. E tika ana māna e pānuihia tēnei kaupapa ki te Whare, otirā, ki te motu katoa, kia mārama ai, ko te whāea rangatira kua tū mai i roto i te Whare nei, nō roto rā i a koutou. Nō reira, nā runga i tēnā, Ngāti Apa, koutou ngā kuia, koroua tatū iho nei ki ō koutou māngai kōrero, te hunga rangatahi, tēnā koutou, tēnā koutou, tēnā koutou katoa.
[Indeed, the first thing for me, Mr Assistant Speaker, is to give praise and thanks to the place of the hidden, and for His care over us in days gone by, right up to the hour this afternoon. The hope is that He continues to protect us for the remainder of the day, and in the days ahead of us. These praises and thanks are given in the name of the Father, the Son, the Holy Spirit, His Faithful Angels, and Ārepa, Ōmeka, Piri Wiri Tua, and Hāmuera. He, Jehovah, will indeed support and assist these, yes?
Ngāti Apa, you have been on the road a long time. You have come all the way from your marae at home, from around the country, and at last, here you are in person in the lions’ den, the House of Parliament. Why? To bring the love and dreams of those ones who have since passed away. It is because of this that I acknowledge you for valour, fortitude, and the understanding within you. I also acknowledge your member and Minister who represents you in this House. How fitting it is that she should move the reading of this for the first time in the House, and to the country as a whole, to make it clear that the honourable member is truly one of your own. And on that, Ngāti Apa, I acknowledge you, the elderly women and menfolk, right down to your spokespersons, the younger generation, greetings to you, greetings to you, and greetings to you all .]
I do not normally begin speeches in this House in the manner that I have, but this is indeed a huge occasion for Ngāti Apa, given the journey they have been on for a very, very long time. Rightly so, the Hon Tariana Turia, the local member for Te Tai Hauāuru, who is a wahine of Ngāti Apa descent and also a Minister in this House, has taken the responsibility of speaking in the first reading of the Ngāti Apa settlement bill this afternoon. That is very appropriate. Although it was a very emotional time for her, I have to say that from the perspective of members on this side of the House, and for me and my colleague the Hon Parekura Horomia, listening to that speech was also a very emotional time. But the Minister left a lot out, and rightly so. She left out a lot, because others should be speaking about what happened to Ngāti Apa during those early years.
Ministers usually categorise the nature of a settlement package. The Minister did not go into much detail today; the reason was, I think, that she would have found it even more difficult to touch on many of the aspects of the negotiations, and of the particular components included in the settlement package. Like the Minister, I also acknowledge the Minister for Treaty of Waitangi Negotiations, the Hon Christopher Finlayson. I acknowledge that he did a very, very noble thing in handing that responsibility over to Minister Tariana Turia.
I also acknowledge Minister Finlayson’s predecessors, the Hon Dr Michael Cullen and the Hon Mark Burton, and I acknowledge the Hon Parekura Horomia and the many others who took part in the negotiations and the process leading up to the signing of the deed of settlement, on the Ngāti Apa Marae up the Whangaehu River, in 2008. That was also a very emotional time, not only for the Ngāti Apa people, the kaumātua and kuia, but also for those Crown representatives who were there that day.
I have to acknowledge at this point in time that this settlement was not carried out like many other settlements. This settlement was conducted by young people—very young people. Those of us who had been involved in the Treaty settlements process for a number of years, even before coming to Parliament, have had to acknowledge that this was different, this was new. Unlike many of the settlements that we had been involved with in the past, this settlement seemed to be much easier. The reason is that those young people came with a new attitude. They came with the understanding that the Treaty of Waitangi is not about grievances and it is not about breaches. For them, this particular process of the Treaty of Waitangi promotion and development has been about settling the grievances of the past, putting the grievance behind them, settling the issues, and allowing Ngāti Apa and all its whānau to move on. Certainly, they spoke about that right throughout the negotiations process.
The history is interesting, as alluded to—though “alluded” is probably not the right word—by the Minister who spoke before me, when she spoke about Ngāti Apa’s intentions when they entered into negotiations during the late 1800s. Ngāti Apa entered into a process, which basically began with the signing of the Treaty of Waitangi, for a simple purpose: they encouraged settlement but at the same time they wanted to be recipients. They wanted to be in the position where they could benefit from much of the technology brought here by the settlers. So they entered into many discussions with Crown agents, many of whom are mentioned in the preamble to this bill. Certainly they are mentioned in the historical account.
But that did not happen. In fact, Ngāti Apa went through a process of being subjected to land confiscation and land acquisition to the point, as the Minister mentioned in her speech, where they were left with simply 1 percent of their original land holding. For them, that had a tremendous impact, as the Minister said. It led to the undermining of their culture, the loss of their language, and the fragmentation of whānau, hapū, and iwi to the extent that they did not participate in the development of the Rangitīkei area. In fact, they were what we might call onlookers. The development of that area was undertaken at their expense, and they at no time were able to participate in it. We can understand why the Minister gets very emotional when she speaks about the impact on her people. That is not new just to Ngāti Apa and to the Rangitīkei area; it is also something that many iwi experienced through the 1800s, particularly when it came to issues around the dispossession of land and assets.
So it is incredible that the young people of Ngāti Apa could bring this settlement to the House without too many problems, and I can say that what problems they did have were handled very well. They spoke to their neighbouring iwi, and there were iwi who had shared interests with regard to much of the areas that are identified in the settlement package. That is very important, because we have not always done that to an adequate level. I come from an area where that happened; it has happened a few times. I congratulate those young people. I could go through their names and mention them in the House, one by one, but instead I will acknowledge the chief negotiator, Andre Rurawhe, who was inspired by his mum, I would say, and who was left a very proud legacy from his tūpuna. He was referred to by the Minister in her speech. The role of those young people was to get the deal done, and they have done a very good job of that.
From here on, it is basically about where Ngāti Apa wish to go in the future. We have now entered the final stages of the settlement of their historical grievance, and we could say that from here on, Ngāti Apa will develop in many, many ways in terms of providing services to their local communities, whether those services be in health, education, housing, or social services—you name it. But they are already there, and they have been there for a very long time. This settlement will allow them to move forward on all those initiatives they have undertaken over a number of years without the baggage of grievance. This taniwha called the baggage of grievance is a very, very difficult thing to describe because, although it is invisible and has no being, it has a huge impact on the people who are affected by it. I am sure that many members in this House will understand what I am referring to without my having to go into too much detail. Ngāti Apa have a plan. They have had it in place for some time, and it will mean that this settlement will allow them to proceed forward without the baggage that has been hanging around for quite some time, and the grievance that they can well do without.
I acknowledge their tupuna, the founder of the Rātana Church and movement, who went on a world tour in 1922 in the hope of having a meeting with the king. As we were told, there were influences here in this House who prevented that from happening. So he never got his hearing, but that did not prevent him from travelling the world, and certainly the length and breadth of this country, to talk about a way forward. That way forward is something that we have seen here today. Ngāti Apa can be very proud that they are part of that incredible legacy, which has taken not only them but also all of us as Māori into the future. I have to be honest; I am in this House only because of that mirimiri, otherwise I would probably be somewhere else—probably fishing.
I have no more to say except that I congratulate the Minister, and I congratulate the Hon Tariana Turia. I acknowledge the presence in the House today of her iwi, her hapū, and her whānau, and I wish them all the best in the future. Kia ora.
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) Link to this
Ngāti Apa rohe, Ngāti Apa tangata, ngā kanohi o te maunga tūpuna i a Pārae Kāratu, ngā uri o ngā hapū o ngā wai rongonui, mai i Rangitīkei ki Ngā Wairiki, rau rangatira mā, tēnei te mihi atu ki a koutou i tēnei rā nui, rā tino whakahirahira. Tēnā koutou, tēnā koutou, tēnā koutou katoa.
I tēnei wā, e whakaaro anō mō te hunga kua mene atu ki te pō. E ngā mate, moe mai, moe mai, moe mai rā.
[To the region and people of Ngāti Apa, to the representatives of the ancestral mountain Pārae Kāratu, descendants of the subtribes of the renowned waters, from Rangitīkei to Ngā Wairiki, and indeed to the many chiefs, I acknowledge you on this great day of real significance. Greetings to you, greetings to you, and greetings to you all.
My thoughts at this moment are with those who have passed away. Rest, sleep, and slumber on. ]
I welcome Ngāti Apa representatives who have joined us today for this historic occasion. Just in case some of them were wondering why I had sloped off out of the House instead of listening to the speech of my parliamentary friend and colleague Tariana Turia, I say that I did so because an odd rule of this place requires that the Minister in charge of the bill cannot be present in the House in those circumstances. That is why I had to listen to her speech in the lobby—but I was certainly listening.
The grievances of Ngāti Apa in the North Island are significant and longstanding. The Ngāti Apa (North Island) Claims Settlement Bill recognises and addresses those grievances. The bill settles all of the historic Treaty of Waitangi claims of North Island Ngāti Apa. The iwi’s area of interest extends from the north of Foxton up to the south of Wanganui, and runs east from the coast, up past Hunterville. The historical grievances of the iwi relate primarily to the Crown’s purchase in 1849 of the 260,000-acre Rangitīkei-Turakina block, including the subsequent failure to adequately protect approximately 35,000 acres of reserve land set aside from this transaction. Their claims also relate to the operation and impact of native land laws, which contributed to the erosion of traditional tribal structures and resulted in the gradual alienation of nearly all remaining North Island Ngāti Apa land.
Ngāti Apa have travelled a long road to have their claims addressed by the Crown. The Crown recognised the mandate of Te Rūnanga o Ngāti Apa in November 2004, and negotiations on the settlement package began with the signing of the terms of negotiation in July 2005. An agreement in principle was signed on 12 July 2007, followed by an initial deed of settlement in September 2008. During September and October last year, Te Rūnanga o Ngāti Apa undertook a ratification process for the deed of settlement and proposed a post-governance entity. Thirty-five percent of the registered adult members of North Island Ngāti Apa voted on the deed of settlement and proposed governance arrangements. Of those, 97 percent voted in favour of accepting both the deed of settlement and the proposed governance arrangements. The Crown and North Island Ngāti Apa subsequently signed a deed of settlement on 8 October 2008. I want to acknowledge the efforts of previous Ministers, including the previous speaker, Mita Ririnui, in getting to that very happy state.
Settling the North Island Ngāti Apa claims is an important further step in this country’s progress towards settling all historical Treaty claims. The bill gives effect to the undertakings by the Crown on the deed of settlement, and includes an agreed historical account, Crown acknowledgments and apology, commercial and financial redress totalling $16 million, and a right to purchase approximately 6,500 hectares of Crown forest licensed land and certain other Crown-owned properties and assets. It also includes a cultural redress package designed around the aspirations of North Island Ngāti Apa, as articulated by Te Rūnanga o Ngāti Apa during negotiations. It focuses on cultural revitalisation and cultural reconnection.
Key components of the package are unique to the settlement and include cultural revitalisation in respect of the gifting of five papakāinga properties and the provision of funding to develop and implement a strategy for revitalising tikanga, funding to assist in compiling a comprehensive historical record, and cultural reconnection in respect of the transfer of 12 sites of significance, of which nine are public conservation land with public access and third-party rights protected for all but two sites. It also includes other cultural redress instruments over Crown-owned land and relationship agreements with certain agencies.
Although it is not possible to fully compensate Ngāti Apa nor any claimant group for the loss their people have suffered, the cultural redress in this bill seeks to recognise Ngāti Apa’s longstanding cultural and spiritual association in the region. I am confident that the bill will settle Ngāti Apa’s claims in a full and final manner, it having taken into account all of their grievances and the rights of all New Zealanders.
I want to acknowledge the Ngāti Apa people who suffered the breaches of the Treaty and who carried the grievances. I particularly want to acknowledge those who are no longer with us. Ngāti Apa is historically well known for visionary leadership, and today’s leadership has sought to restore iwi unity and prestige.
I wish to acknowledge Te Rūnanga o Ngāti Apa, including the members of the negotiating team. I agreed with the previous speaker who, in a very gracious and generous speech, described them as a young team, and indeed they are a young and dynamic team with great futures. Their dedication and determination on behalf of Ngāti Apa have been vital in the path towards achieving settlement.
I also want to thank other Ministers in departments involved in this settlement. A number of people from across the political spectrum have made important contributions to this settlement, over the years. The introduction of this bill begins the last stage of the settlement process, which seeks to recognise what is important to the people of Ngāti Apa and to provide redress for historical breaches of the Treaty of Waitangi. It is one of the many settlements this Government is progressing towards its goal of settling historical Treaty claims justly and durably by 2014. I very much look forward to the bill returning from the select committee so that we can pass it as quickly as possible.
H V ROSS ROBERTSON (Labour—Manukau East) Link to this
Kia ora tātou. Nō reira, e te Whare, e ngā iwi, e ngā reo, e ngā hau e whā, tēnā koutou, tēnā koutou, tēnā koutou katoa. Ko Ross Robertson taku ingoa. Ko Gaeloc te waka, ko Ngāti Pākehā te iwi nō Kotimana. Ko Tāmaki te awa, ko Hunua te maunga, ko Tāmaki-makau-rau te kāinga engari, kei te noho au ki Pōneke. He mema Pāremata ahau mō te rohe o Manukau, mō te Pāti Reipa. Tihei mauri ora. Tēnā koutou, tēnā koutou, tēnā tātou katoa.
[Greetings to us, the House; the people; the languages; and the four winds. Greetings to you all. My name is Ross Robertson. Gaeloc is the ship, and Pākehā of Scottish extraction is the clan. Tāmaki is the river, Hunua is the mountain, and Auckland is the home, but I reside in Wellington. I am a Labour Party member of Parliament for Manukau East. Behold the breath of life. Greetings to you, Mr Assistant Speaker, and to all of us.]
It is an honour and a privilege to stand in this House and to speak on the Ngāti Apa (North Island) Claims Settlement Bill. I represent the electorate of Manukau East, which is the home of 164 different ethnic groups. I am sure that in that electorate there is a significant contribution from Māori people, and some of those people, of course, will be Ngāti Apa.
We support this bill, and we acknowledge the leadership of Te Rūnanga o Ngāti Apa for their able advocacy for their people. We acknowledge their determination, their passion, their commitment, and their motivation for a better way of life, for their future, for their tomorrow, and for their mokopuna. Together we serve and together we prosper, both as a nation and as a people. I acknowledge the Minister in the House today, Chris Finlayson, and the Hon Tariana Turia, and I also acknowledge my colleagues who signed the deed of settlement, the Hon Parekura Horomia and the Hon Mita Ririnui. I thank them for the work they have done.
In 1840 three members of Ngāti Apa signed the Treaty of Waitangi near the mouth of the Rangitīkei River. That is about midway between the Whanganui and the Whangaehu rivers—
H V ROSS ROBERTSON Link to this
A lot of eels, says my colleague. They signed the Treaty there. In 1849 the Rangitīkei-Turakina purchase stated that lands between the Whangaehu and the Turakina rivers would be reserved for all Ngāti Apa to collect and settle on. But we know that later land native laws enabled those reserve lands to pass through the Native Land Court, which awarded land interest to individuals rather than to all of the tribe, excluding many Ngāti Apa from ownership of the tribal reserve lands. In the 1860s, more than 100,000 acres of land in which Ngāti Apa held interest were subject to native land laws, in addition to the reserves from the Rangitīkei-Turakina purchase.
The operation and impact of the native land laws, in particular the awarding of land to individual Ngāti Apa rather than to iwi or hapū, made the lands that Ngāti Apa were able to retain more susceptible to partition, fragmentation, and alienation. This contributed to the erosion of traditional tribal structures of Ngāti Apa, which were based on collective tribal and hapū custodianship of the land. The Crown failed to take the steps that were necessary to adequately protect those structures. That had a prejudicial effect on Ngāti Apa and was a breach of the Treaty of Waitangi. Ngāti Apa have been raising grievances with the Crown for more than 100 years. On 8 October 2008, a deed of settlement was finally signed.
The purpose of the bill is to record the acknowledgments and the apology offered by the Crown to Ngāti Apa. The settlement includes a historical account, the Crown acknowledgment of historical breaches of the Treaty of Waitangi and its principles, and a Crown apology to North Island Ngāti Apa. It also includes a cultural redress package, featuring the transfer of a number of sites of cultural significance to North Island Ngāti Apa, including two lake beds. It also includes a quantum of $16 million, including the opportunity to purchase four Crown properties in the Rangitīkei region.
The return of more than 6,500 hectares of land as part of this settlement will have a positive impact on sustainable development. Financial and commercial aspects of the redress package should be considered within the context of the opportunities that it will provide for the people of the area. The cultural revitalisation package will be complemented by the development and implementation of a cultural redevelopment plan.
This settlement is a historic moment in the relationship between the Crown and Ngāti Apa. It will allow us to move forward into the future. It is important, in doing so, that we recognise the contribution of those who have gone before us and who have raised these grievances for more than 100 years. They are to be commended for their tenacity, for their dedication, and for never ever giving up. We in this House can be proud of those who are involved in bringing about the finalisation of this bill so that we can work together and, in the true spirit of that word “community”, serve and prosper together, both as a nation and as a people. Tihei mauri ora! Tēnā koutou, tēnā koutou, tēnā tātou katoa.
CATHERINE DELAHUNTY (Green) Link to this
Tēnā koutou katoa. He mihi nui ki a Ngāti Apa. Finally, after more than 100 years of raising issues of unfairness and injustice, it is Ngāti Apa’s day. The Green Party may lack detailed knowledge of their whenua and taonga, but we do not lack respect for the struggle that they have survived. The acknowledgments in the Ngāti Apa (North Island) Claims Settlement Bill recognise the consistency of their grievances and the failures of the Crown to address those grievances.
Those grievances relate to the effects of the Crown purchase of 400,000 hectares of Ngāti Apa lands, the aspirations and attempts of Ngāti Apa to strengthen relationships with the Crown through land sales and through expressing loyalty to that Crown, and they relate to the 1849 Rangitīkei-Turakina purchase, which included the reserving of 35,000 acres for all Ngāti Apa people. Those arrangements, as people know, were not given proper effect. Then, of course, came the highly effective colonising land laws of the 1860s, which alienated more than 100,000 acres of Ngāti Apa lands. The cumulative effect of these Crown failures is finally acknowledged. This bill finally offers an apology and some important cultural and commercial redress.
There is so much more behind this bill that the rest of us do not know and cannot ever know. There is so much history, pain, storytelling, creativity, and negotiation. All settlements are different, but it is very good to hear that Minister Turia has been in such a powerful position in leading this process, and that the young people who will take this forward have been so much a part of it in terms of participation.
That is refreshing, because sometimes settlements seem to be like a strange kind of negotiation that takes place in a car yard. When we try to get our heads around it, sometimes it seems as if everyone’s cars have been stolen and placed in a car yard, and, if we want to get them back, we are told we will have to prove ownership of the cars. The biggest groupings, the large natural groupings, will have their cars back first. Those who are ready will have their cars back first, but then they are told that, sorry, they cannot have the whole car, only the wheel, because the car is no longer available to be sold back to them. That is what some settlements have felt like. They have felt as if tangata whenua were being offered the wheel, or maybe only the hubcap, and some of that hubcap has to be purchased at market price.
It is really hopeful and positive to hear of a settlement where Ngāti Apa are getting some considerable redress. It still sounds to me like it is not enough. There will never be enough; we cannot turn back the hands of time to those days when so much was taken with so little respect. It is hopeful to hear this constructive direction that Ngāti Apa and its young people have developed with the Crown in this instance.
The Green Party does not want to say much more, but we want to acknowledge the good work undertaken through this House on this bill. I particularly want to tautoko the kōrero of the Hon Tariana Turia and her heartfelt expression of the meaning of the settlement to her people. I know that if all those in the gallery could speak, they would have equally powerful and important things to say to me, my party, and my country that we, as Pākehā, need to hear. Although this bill is about settlement, it is also about listening, and my greatest fear is that Pākehā do not know the story and do not understand what settlement really means. It means that we know Ngāti Apa’s story so that we can understand, in some way, what it has felt like to experience those losses and to be stepping out in a new direction. Our main role is to not get in the way, and to allow this to happen without any barriers from our lack of understanding.
I tautoko the Minister Chris Finlayson and the other members of the Māori Affairs Committee who have supported this process. I simply wish Ngāti Apa all the best for the progress of this bill, and the same to their tino rangatiratanga and mana motuhake in their own rohe. Kia kaha; we will vote for this bill through all its stages, and we wish its people well. Tēnā koutou katoa.
RAHUI KATENE (Māori Party—Te Tai Tonga) Link to this
I am honoured, along with others, to greet the Ngāti Apa representatives who have joined us today for this historic occasion of the first reading of the Ngāti Apa (North Island) Claims Settlement Bill: tēnā koutou, tēnā koutou, tēnā koutou katoa. The grievances of North Island Ngāti Apa, are significant and longstanding. As with all settlements, our tears flow with each injustice incurred. We are connected to Ngāti Apa’s pain and we admire the courage of those people, and their commitment in walking forward. This is a day to give effect to the deed of settlement and to set in process a final settlement of Ngāti Apa’s historical claims, but it is never as easy as all that.
Some of us in this House may remember a 1960s classic:
A time to plant, a time to reap—
[Interruption] I am not going to sing it; no, I am not! In many respects, this bill, as with other settlement bills, gives life to those lyrics. We learn of the birth of this claim—learn that Ngāti Apa has been raising grievances with the Crown for over a hundred years. I also want to acknowledge the people of Ngāti Apa, the people who suffered the breaches of the Treaty and who carried the grievances. I particularly want to acknowledge those who are no longer with us, those who died with the hope of settlement still in their hearts.
Over the century the Crown has failed to deal with the longstanding grievances of Ngāti Apa in an appropriate way. From 1848 the Crown purchased over 400,000 acres of land in which Ngāti Apa held interests. The 1848 Rangitīkei-Turakina purchase stated that that block would be for all of Ngāti Apa to collect and settle on, yet native land legislation enabled those lands to pass through the Native Land Court, which awarded land interests to individuals rather than to all of the iwi. That essentially excluded many Ngāti Apa from ownership of iwi lands, which was a clear breach of the Treaty and its principles. The cumulative effects of the Crown’s actions have left Ngāti Apa without land—a landless people—leading to the situation in which today most of Ngāti Apa live outside their rohe.
Ngāti Apa have also lost control over many of their significant sites, including wāhi tapu, which has affected their physical and spiritual relationship with the land—“a time to be born, a time to die”. The bill is a clear recognition that grievances are long overdue for settlement. As I listened to my colleague the Hon Tariana Turia, and the speaker who followed her, the Hon Mita Ririnui, it was again brought home to me the gnawing pain that can destroy the spirit and turn a people to despair. But with the strength of their tūpuna behind them, the people have risen up and stood to share their history with the nation, while at the same time determining a pathway forward. That pathway lies in cultural redress and revitalisation—“a time to plant, a time to reap”—so in this bill we have specific and strategic initiatives for the collective of individuals who descend from one or more Ngāti Apa ancestors.
A distinctive part of the settlement is cultural reconnection in respect of the transfer of 12 sites of significance. Of those sites, nine are public conservation land with public access and third-party rights protected for all but two sites. In addition, there is a full range of other cultural redress instruments over Crown-owned land, and relationship agreements with certain agencies. It appears that Te Runanga o Ngati Apa, and those involved in the negotiations, have valued the experience and opportunity of having to be innovative and creative in relation to formulating the redress packages.
As part of that, the bill provides for the issue of protocols by the Ministers of Conservation, Fisheries, and Arts, Culture and Heritage on how they interact with Ngāti Apa on specified matters. It is a very significant development that specified departments and Ministers are invited to work closely with Ngāti Apa, to consider how their priorities align with issues emerging across tribal boundaries. Ngāti Apa’s areas of interest extend from the north of Foxton up to south of Whanganui, and run east from the coast along the Ōroua River, past Hunterville. It is a big area of land, so the relationship with Government agencies, along with the return of 100 acres of papakāinga sites, are vital steps to further enhance Ngāti Apa ahi kā roa and cultural development of the iwi. The protocols with relevant Government bodies will assist Ngāti Apa in being able to cooperate on freshwater fisheries, on the export and identification of taonga tūturu, on sustainable taonga fisher species and marine aquatic life, on cultural materials, on the protection and restoration of wetlands, and on cultural and intellectual property. This is a very specific and tailored approach, which demonstrates the willingness of Ngāti Apa to work with the Crown and its respective agencies for the long-term aspirations of the people.
But the relationships extend beyond the Crown to also encompass relationships with other iwi. There is a clear commitment to working towards ensuring overlapping interests from other tribal groups within the rohe. This is an important development, of which we in the Māori Party are fully supportive. Indeed, it is in the strength of our relationships that we can be assured of our ongoing strength as people. We have stood in the House in many settlement debates prior to this and have voiced our deep concern at the way in which the Treaty process has been used in many rohe to divide and rule. We have raised our belief that the framework within which Treaty settlements take place is seriously flawed. In effect, the process cannot be supported while recognising the significance of iwi rights and their needs to settle. We are well aware that an apology assumes a promise not to breach again, yet the Crown continues to do so by pitting iwi against iwi and hapū against hapū. Ngāti Apa has fought the practice of divide and rule, holding fast to its assurances that it would claim areas of interest as exclusively their own only as long as the available research was substantial and unopposed. This is an honourable position, a stance that may well be influential in other settlements to follow.
Another exciting innovation in this settlement is the cultural revitalisation package. The opportunity to re-establish papakāinga is of significant importance to Ngāti Apa, and it will be proudly supported by the development and implementation of its cultural redevelopment plan.
Finally, I acknowledge the history that my colleague Tariana Turia has talked of, which dates back to the Rangitīkei - Turakina transaction of 1849. Despite a history of some 160 years—or perhaps because of it—the framework from whoa to go has been solidly impressive. I mihi to the young leaders of Ngāti Apa who have given us all hope that our collective future lies in good hands. The bill seeks to recognise what is important to the people of Ngāti Apa, and to provide redress for historical breaches of the Treaty of Waitangi. We in the Māori Party congratulate the people of Ngāti Apa on their distinctive and practical resolution of the historical claims, and we wish Ngāti Apa well for the promise of a much stronger future. Kia ora koutou.
Hon TAU HENARE (National) Link to this
He mea tuatahi, taku mihi ki a koutou ngā mōrehu o ngā aituā, kai a koutou Ngāti Apa, tēnā koutou. Tēnā koutou i tō haere mai i tēnei rā ki te whakarongo ki ngā kōrero mō tā koutou kerēme. Nō reira, ka mihi ki a koutou.
[Firstly, I acknowledge you, Ngāti Apa, survivors of misfortunes, greetings to you. Thank you for coming today to listen to the debates on your claim; I applaud you.]
I have been trying to figure out what I would say, because everyone has basically said the same thing about how sorry they are and about what an apology means—and absolutely they mean it. I thought I might take a different tack; those of us from Te Tai Tokerau are known for taking a different tack.
A tactful approach! So, first of all, I want to pay due respect to Parekura Horomia, the previous Minister of Māori Affairs, who with his colleagues, including Mita Ririnui, signed off the deed. Secondly, I pay my respects to Chris Finlayson, who I think has done a pretty sterling job since he became Minister for Treaty of Waitangi Negotiations not more than 12 months ago. Thirdly, and to me personally this is most important, I pay respects to my colleague Tariana Turia, who, as we all know, has had a week from hell in the last 7 days—and no, I will not be apologising to her on behalf of my cousin.
There are people who come to the House carrying with them the hope that one day they will be able to stand in the House and talk about their own people in a way that tells a story that most, if not all, New Zealanders hardly know anything about. One of the parts of a treaty negotiation and settlement is the telling of a story. I have just finished reading a book, which I picked up for nine bucks in a second-hand store, called The West. The most interesting part of that book talked about how the First Nation people—Native American people, Indian people; call them what you will—went through a lot of treaty-signing processes, but said the thing that they never got right was to sort the issues out over a period of time. I think that we in this country, before anybody else in the world, have developed a way of having the story told, the tears flow, and people pass away during the process, and finally, there is a coming together of ideas on ways to start anew.
The words “Treaty settlement” are good; the process settles, I believe, breaches of a treaty that was signed in 1840. But the process also has more meaning to that—as I said, there is the telling of stories and the putting of them on paper, so that people in the generations to come will know the history of our nation. But, more important, the process talks about and offers the opportunity to remember the past, to not commit the same crimes as we did in the past, to apologise for those crimes in the past, and to step forth on a new path—not just for two people, five people, or 200 people but in this case for the whole “nation” of Ngāti Apa. Now it is their decision as to which path they take, and in this House we must be behind them 100 percent as they go about their business. In terms of business, whether it is in terms of health, education—you name it—it really is up to Ngāti Apa, with, of course, the help of the Government where necessary.
On looking at the notes in front of me, I see dates. One day someone in the future will do a chronology of when things happened, and the dates that I am about to read out will most probably, for Ngāti Apa and for other iwi around the country, stand out: 1840, 1844, 1849, 1866, 1867, 1887, and 1957. Just by reading out those dates, we can get some semblance of how long this has taken. I will not talk about the quantum of the settlement, because, as one of my colleagues has said, it is never enough, and how can we put a figure on all of the injustices of the past? The fact that we have arrived at this point in time is something we should be happy about. One of the things I have learnt, not only in the House but also in the past 40-odd years, is that we can remember what happened, we can sympathise with people, and we can feel aroha about what happened in the past, but the true test is what we do afterwards. The true test is where we go after we have signed the deed. The true test for a Government is to figure out what to do after making an apology. It is not good enough to say: “Sorry folks, we got it wrong.”, and then just file away the apology in a cabinet somewhere. We have an obligation and an opportunity to make the nation’s lot better from what we do.
As chairman of the Māori Affairs Committee I am not daunted by the fact that my colleague has given 17 March as the report-back date for the Ngāti Apa (North Island) Claims Settlement Bill. Even though we are getting near the end of the year, I can assure Ngāti Apa that all of the members of the select committee will work their backsides off to get this bill back into the House as soon as possible. That does not mean that we will decline to hear from everybody; we want to hear from everybody, and we will take it upon ourselves not to meet here but in Ngāti Apa.
Maybe. Let us just see how things pan out.
I will say one more thing, which might be outrageous to some people, but then again it might not be to other people: where is the “h”? I just thought I would throw that in for the benefit of my friend and former colleague Mr Michael Laws. Although we can laugh about it—and the great thing about our country is that we can enjoy a poke at our whānau now and then—that issue goes to the heart of this nation as well. If we cannot bring ourselves to spell somebody’s name right, then what are we doing when we apologise for all the other stuff that we did? That is a question I would like to leave for the House to consider. Maybe somebody, somewhere, sometime will sort that one out.
Nō reira e te whānau, e aku rangatira, e aku tēina me aku tuākana, tēnā koutou, tēnā koutou katoa.
[So, greetings to the family, my chiefs, younger and older siblings, greetings to you all.]
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rāwhiti) Link to this
Etautokotia atu ngā mihimihi ki a koutou o te hau kāinga, Ngāti Apa, e tae kaha ake ki konei mō te tae tata o tō tira ki tēnei tino take, tēnā koutou. Ki a koutou ngā tūpakeke, ki a koutou te rangatahi pea e whai atu i tēnei take, e mihi kau ana. I rongo atu tātou ki ngā mamae katoa mai rā anō. I tīmata i reira, i oti atu i reira. Nō reira, ki a koutou mō ngā rere haere o ngā pakeke e kore i konei, e mate ana, e tangi hoki te ngākau. Nō reira, tēnā koutou, tēnā tātou katoa.
[I endorse the sentiments expressed to you of home Ngāti Apa, who have arrived here in great numbers on this important matter. Well done. I commend the adults and the younger generation who might in time follow up this matter. Congratulations. We heard all about the historical grievances. They began and ended there. The heart grieves the loss of the older people who have passed on, so greetings to you and to us all.]
I recognise the two Ministers: my ex-colleague Minister Turia, and the Minister for Treaty of Waitangi Negotiations, Chris Finlayson. I also remember the effort put in by my other colleagues: Mark Burton, Mita Ririnui, and Michael Cullen. At times I agree with Mr Tau Henare; I certainly make a bold stand in supporting him as a member of the Māori Affairs Committee, but more so for the final points he made in his speech, which I will come back to. The first major engagement between Ngāti Apa and the Crown took place on 21 May 1840, and it goes on, as has been mentioned. We must not devalue the numbers in this settlement. It has been 161 years, not simply a bit over 100 years. That is a long, long time, and we need to remember that. I say that because I have marvelled at the way this settlement has been done, having sat, watched, listened, cried, and ducked for cover amongst a whole lot of people.
The performance of the negotiating team has been exemplary, if we cite succession planning and talk about rangatahi being there. I know Adrian, Pāhia, and the two wāhine whose names I have forgotten—typical bloke—are a bit past rangatahi, but they were there and I saw them and sat and talked with them. It is a great model and example of how we can move forward. I especially mention my and Minister Turia’s Auntie Poppy. That is the only connection I have to her: we have a common auntie. Auntie Poppy used to harass me all the time about this settlement. The beauty of this settlement was that the pakeke were behind it, not just to tautoko, but to mirimiri and keep the negotiations on the straight and narrow. That is why I say this is a wonderful example for other Treaty settlement groups to take cognisance of, and I do not say that lightly. At the end of the day, they did it. I know it is an honour and a privilege for Minister Turia to have her son play a key role.
There were a host of issues when the Crown attempted to complete the purchase of the Whanganui Block—I say to Tau that it says “Whanganui” in here, which is interesting. I thought it was important to remind people who have power in local authorities exactly what happened in those old days. The chiefs were not silly people. They saw an opportunity and they went after it. In 1848, during the negotiations over the Whanganui purchase, Ngāti Apa offered a large area of land in the Whangaehu and Turakina districts to the Crown. Ngāti Apa rangatira spoke of a desire to form close relationships with European settlers. That is what they did. In September 1848, Āperahama Tīpae wrote to Governor Grey asking that “there be many Pākeha for me, a multitude, so that my kainga be full.” If one listens to half the crap—please excuse my language—that has been coming out of the local council, one would wonder, because instead of being thankful, they have been abusive in the sense of thinking that these damn Māori were annoying them. Similarly, the prominent Ngāti Apa rangatira Kāwana Te Hakeke stated that his considerations in offering to sell land were the same as those of his elders before him—namely, to ensure the security and the nurturing of his people. These people had just come out of the ao kōhatu of the late 1700s and had never seen a Pākehā in their lives, and they thought “By crikey, this might be OK. By crikey, we should forge a relationship.” These people went out of their way, thinking they were doing a great deed, and, to put it bluntly, they were terribly and shamefully ripped off. We will not go back to that, but it happened.
Te Rūnanga o Ngati Apa has really done well, but I mention in particular how it has managed the settlement. Not many organisations can do that. We say as people who are pakeke, like Paul and others, that we will give the essence of the direction, but they have to go and do it. In the Ngāti Apa case, they actually did it. The 6,500 hectares and the redress are important, but I broach an additional suggestion with the Minister for Treaty of Waitangi Negotiations. The prices were based around what was fair. This settlement has happened through the negotiators’ belief in their ability to negotiate with senior Crown officials. That is what brought about the negotiations: their self-belief. In my mind, that quite clearly epitomises how rangatira and their tūpuna would have acted in those years long gone by. The reserves were cut up, moved around, and had their boundaries adjusted. Those are all relevant issues. One does not have to be a rocket scientist to understand that in relation to return per hectare—dare I get commercial—a lot of that land had some of the highest returns in this country. Other people have benefited very, very much, while the Māori, Ngāti Apa, have stood on the side and watched. I commend Minister Turia for leading this settlement, and I commend the Minister for Treaty of Waitangi Negotiations for encouraging it.
Ngā Rauru has a paepae between it and the Crown. My perception is that it has not worked well. It has been devalued. I suggest that the Minister for Treaty of Waitangi Negotiations takes a clear role in facilitating the work of the Government agencies relevant to cultural revitalisation and reconnection. It is very, very important. That is why I agree with Tau Henare. It is easy to have a good feeling and to bring this historic moment forward to get to finality, but it is worse when some change is promised, yet the situation continues in these contemporary times. I strongly recommend that to the Minister, and if he needs advice I am more than happy to give it to him. Cultural reconnection needs to be seriously done, and if the young ones or middle-aged people who have brought this to finality are keen on it, then it needs to be resourced properly. It needs to be assisted and abetted. Cultural revitalisation is all of that. A lot of the nuances relevant to those two issues are not understood at times by people in the agencies, Pākehā people who mean well but do not know, or even Māori who mean well. But if the Minister is there steering the process and facilitating it, it brings grunt to the tiller. I recommend that to the Minister wholeheartedly, and congratulate him on continuing this process.
Most of all, I say “Well done.” to the Ngāti Apa team. Whether we played a small part, a great part, or whatever, it is great to be part of this historic achievement. Kia ora.
PAUL QUINN (National) Link to this
Tēnā koutou ngā manuhiri tūārangi, nau mai, haere mai. E kui mā, e koro mā, tēnā koutou, tēnā koutou, te Whare. Tēnā koe, Mr Assistant Speaker.
[Greetings to you the visitors from afar, and the elderly women and menfolk. Welcome, welcome. Greetings to the House, and thank you, Mr Assistant Speaker.]
I join with previous speakers in welcoming Ngāti Apa here today. In speaking to the first reading of the Ngāti Apa (North Island) Claims Settlement Bill, I want to cover three points. Firstly, I reflect that Minister Turia took the lead in moving the first reading on behalf of the Minister for Treaty of Waitangi Negotiations. In my view that represents a trust, a spirit of bonding and a spirit of understanding, between the National Party and the Māori Party in acknowledging that we are a team coming together to join in celebrating the first reading of this bill. I look forward to continuing to work in a National-led Government that, with the Māori Party, will provide leadership to this country in a number of areas, but particularly in the area of Treaty settlements, which is dear to my heart.
That leads me to my second point. One of the principal reasons that I stand here today is that I desire to see Treaty settlements expedited through the House. For too long these settlements have stalled, and I believe that that has held back the development of iwi and hapū. If Māori put that behind them and act in a spirit of cooperation to reach agreements between the Crown and iwi and hapū, then we will be able to move forward as a race. So I am proud to stand and join with others in speaking to the first reading of the bill. In doing so, I offer my congratulations to the Minister for Treaty of Waitangi Negotiations, who, in my view, is doing an outstanding job in expediting Treaty settlements. In the spirit of camaraderie I also acknowledge the work done by his predecessors Michael Cullen and, in particular, my friend and colleague Parekura Horomia and my relation Mita Ririnui, which has enabled this Treaty settlement legislation to be brought before the House.
My third point is that in relation to Treaty settlements, it appears there are two principal activities on which the Treaty grievances are based. In the case of this Treaty settlement, the historical injustice has arisen through improper land purchase arrangements that occurred, as previous speakers have stated, many, many years ago. So this Treaty settlement rights that injustice. I join with my colleagues in congratulating those responsible on the leadership that they showed in the negotiations and, most important in these sorts of challenges, in taking the iwi and hapū along with them and getting their support in the arduous process of negotiating the settlement on their behalf. It is a very tough challenge to take the people along in the process. Ngāti Apa leaders, the rūnanga, and the negotiators have managed to do that, and they are to be commended for that.
Finally, I say Ngāti Apa have been on a hard and long journey up until now, but this first reading represents the beginning of the end. We are now heading for the home straight, and the House can be assured that the Māori Affairs Committee will expedite its consideration of the bill, without compromising due process, and will report it back in the time nominated by the Minister, just as the chairman of the committee, my friend and colleague Tau Henare, has said. With those few words, it gives me great pleasure to support the first reading of the bill. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa. Kia ora.
SIMON BRIDGES (National—Tauranga) Link to this
It has been very interesting listening to the speeches in this debate, and what is clear is that this is a settlement that has been advanced by Ngāti Apa with dignity, integrity, and purpose. I have been heartened to hear, as an outsider, of the involvement of youth in this settlement—our future in this nation—who have not had a backward-looking or an overly backward-looking approach but have been resolutely future-focused in their approach to this settlement. On the other side can I, like the other speakers, congratulate the members of the Crown who played an integral part—the Hon Chris Finlayson, and those before him, including Parekura Horomia, Mita Ririnui, and, of course, Tariana Turia. It is sometimes hollow, I think, to wax lyrical in settlement bills about what has happened, when one either is not affiliated to the iwi or has not been directly, or even indirectly, involved in Crown negotiations, but can I simply say that this is, I think, another settlement moving this nation forward. It is another huge occasion for all those who are involved in it and it is a happy, joyful day. I look forward to being on the Māori Affairs Committee that receives this bill shortly.
Hon TARIANA TURIA (Minister for the Community and Voluntary Sector) Link to this
I move, That the Ngāti Apa (North Island) Claims Settlement Bill be considered by the Māori Affairs Committee, that the committee report finally to the House on or before 17 March 2010, and that the committee have authority to meet at any time while the House is sitting (except during oral questions), during any evening on a day on which there has been a sitting of the House, and on a Friday in a week in which there has been a sitting of the House, despite Standing Orders 187 and 190(1)(b) and (c).