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Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill

Third Reading

Thursday 21 October 2010 Hansard source (external site)

FinlaysonHon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) Link to this

I move, That the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill be now read a third time. The presence in the gallery of people representing those iwi to witness the third reading of this bill is testimony to the bill’s significance, to the significance of the Waikato River to these iwi, and not least of all to the contribution iwi will make to the co-governance and co-management of the Waikato River.

The overarching purpose of this bill is to restore and protect the health and well-being of the river for present and future generations. The bill complements the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and provides for Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi to participate in co-management arrangements that recognise their enduring association with the upper Waikato River.

The recognition of the vision and strategy for the river and the establishment of the Waikato River Authority and the Waikato River Clean-Up Trust are provided for in the bill and in the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, having been agreed in the deed of settlement between Waikato-Tainui and the Crown. The bill now makes this link clear. You may be interested as the local member, Mr Deputy Speaker, that Waikato means “flowing water”. Given that the waters of the upper Waikato River flow into the lower parts of the river on their way to the sea, it is appropriate that this linkage is made.

Under the deed signed with the iwi, there will be a review of these arrangements in 5 years’ time. The review will be informed by effectiveness monitoring and reporting undertaken by the Waikato River Authority, and it provides an opportunity to ensure that the membership of the authority is structured in the best way possible. This review is also provided for in the Waikato-Tainui deed and the recently signed Maniapoto deed.

At the Committee stage of the bill, the Hon Nanaia Mahuta asked whether elected members of the iwi trusts who are appointed by their trusts to be members of the authority would cease to be members of the authority if, before their term expired, they were not re-elected to their trust. In this situation their term of membership of the authority will continue until it expires. In this regard, the bill reflects the arrangements requested by each iwi and agreed to in their deeds. This is no different from the position of any other member of the authority who, before their term has expired, may find themselves in changed circumstances in relation to their appointer. If this matter causes any issue over time, it can be reassessed when the arrangements come up for review.

In relation to the joint management agreements, there is provision in the bill for the Raukawa joint management agreements to include matters relating to the upper Waipā River. This was, again, something the Hon Nanaia Mahuta raised during the Committee stage of the bill, and I want to be clear about what that means. The decision to include the upper Waipā River within the overall co-governance framework was for the Crown and Maniapoto to make, given the pre-eminent nature of Maniapoto’s interests in this area, and recently Maniapoto and the Crown agreed to do this. Raukawa has interests including marae in the Wharepūhunga area within the catchment of the upper Waipā River. The bill ensures that with the recent inclusion of the upper Waipā River in the framework, Raukawa joint management agreements with the relevant local authorities can cover matters relating to their particular interests. This provision is confined to Raukawa interests and does not enable Raukawa joint management agreements to cover any matters relating to the extensive Maniapoto interests within the catchment of the upper Waipā River. I am advised that Maniapoto and Raukawa have already discussed these issues and how they will manage them, and I think that is a very good way forward.

With the passage of this bill, the earlier enactment of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, and, soon, the introduction of a Maniapoto bill for the Waipā River, a comprehensive co-governance framework will be in place for this vitally important river system. The main features of the framework in the bill include a single co-governance entity, the Waikato River Authority, with five Crown-appointed members, including two nominated by local authorities, and an equal number of members appointed by the Waikato River and Waipā River iwi—10 members in all.

There is a single vision and strategy setting the direction for the management of both rivers. It is incorporated in the Waikato Regional Policy Statement, and the bill contains robust provisions for community involvement when it is reviewed. Joint management agreements provide for iwi to be involved in the development of the regional policy statement and regional and district plans. These arrangements are backed by a significant contestable clean-up fund. The framework reflects the aspirations of iwi to have a meaningful role in influencing policies relating to the river, not just as another group within the community, but in a way that is consistent with their mana whenua status and their relationship with the Crown under the Treaty.

The arrangements reflect iwi aspirations to share in managing the Waikato River in a way that sits well with their concepts of kaitiakitanga and manawhakahaere. The economic and social structures around the Waikato River and within its catchment are complex, long established, and very important to this country. The river and its catchment are characterised by a multiplicity of interests—private, public, iwi, central government, and local government—with the need to recognise a wide range of community needs related to things like access, ownership, use, and extraction. Eleven territorial authorities have discretion over plans and consent processes that affect the river and its catchment, and some 20 Acts of Parliament are identified in the bill as immediately relevant to the river. This complexity has meant it has been essential to get the model right. I am indebted not only to the pragmatic approach taken by iwi representatives but in particular to the panel led by Evan Williams, who provided sage, well-considered advice that allowed us to refine and improve the framework to get the arrangements set out in the bill. I believe that these arrangements will achieve their purpose very well.

Today as we usher in a new era of co-governance over the Waikato River, we acknowledge our common road forward. The time has arrived to put aside the shortcomings of the past and to usher in a new era based on inclusiveness and shared aspirations. This bill and the deeds on which it is based are the culmination of the dedicated and determined efforts of many. On behalf of the Tūwharetoa Māori Trust Board, Sir Tumu te Heuheu, Timi te Heuheu, Te Kanawa Pitiroi, and the board’s secretary, Rākeipoho Taiaroa, have provided wise and constructive counsel along the way. Ngāti Tūwharetoa has been so ably represented throughout these negotiations by Dean Stebbing. For the Raukawa Settlement Trust, Chris McKenzie, Stephanie O’Sullivan, and George Rangitutia have worked tirelessly to ensure that the Crown has understood their people’s aspirations. The team representing the Te Arawa River Iwi has included many senior and respected members of that iwi. Te Arawa interests have been capably advanced in these negotiations by Roger Pikia and Eru George, assisted by Nero Pānapa. Many others have been involved. Although I have not mentioned them by name, I acknowledge their contributions.

In conclusion, I believe that we can be satisfied with what has been achieved in setting up sophisticated yet streamlined co-governance models for the Waikato River. We can be optimistic about the future with its focus on such a positive goal, including the health and well-being of the river for present and future generations based on consensus, collaboration, and an enlightened approach to contemporary Treaty relationships. I commend the bill to the House.

MahutaHon NANAIA MAHUTA (Labour—Hauraki-Waikato) Link to this

Tēnei e mihi ana ki te awa o Waikato e kīa nei, ko te awa o tō tātou nei awa tupuna. Tēnā e mihi kau ana ki ngā iwi i noho hei kaitiaki ki te tahataha o taua taonga. Ngāti Tūwharetoa, Te Arawa Waka, Raukawa tēnei anō te mihi atu a Waikato ki a koutou katoa.

[I acknowledge the river of Waikato, which is referred to as being our ancestral river, and the people living along the banks of that treasure as its guardians. I, of Waikato, commend you all once again, Ngāti Tūwharetoa, Te Arawa canoe, and Raukawa.]

It is my privilege to be able to speak on this, the third and final reading of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill. And it is with great delight indeed; today is another step forward in a historic moment. It is a historic moment that seeks to challenge the past and is ambitious for the future. It is a historic moment that will lead the way in which relationships in this country go forward and in which we manage taonga such as the Waikato River.

Labour has always supported this particular settlement, as it builds on the Waikato River claim. We support this legislation and its intent. We know that the opportunities within the legislation provide real advantages, not only for participating iwi but also for the rest of the country. For that, it has to be recognised that both the Hon Dr Michael Cullen, the former Labour Minister in charge of Treaty of Waitangi Negotiations, and the Hon Chris Finlayson, the Minister for Treaty of Waitangi Negotiations, have indeed shown the fortitude needed to determine a new co-governance and co-management model for the future. Both the current and future management of this very important river system, as members know, is close to my heart. Many people have contributed to progressing this claim for the three iwi groupings, and they have been mentioned by the Minister. Some are no longer here, some have moved on, some are paddling the waka as we speak, and others are yet to be born. I acknowledge them all.

By the time a bill of this sort gets to the House, the real hard graft of negotiation has already taken place. There have been endless hui, sleepless nights, debates between officials, lots of disagreements, final agreements, last-minute negotiations, numerous technical and legal reports to sift through, and many more hui. No matter on what side of the table one may sit, a phenomenal amount of work has been done to get us to this point; we are merely talking about the end point. The bill sits behind deeds of settlements that for the most part detail the substantial matters needing to be recognised in a Treaty settlement. When I flicked back through Raukawa’s deed of settlement, for my own piece of mind, I saw that their historical record has been captured in ways far better than any member of Parliament could represent in the House. I hope that in the progression of Treaty settlements, we may get to a point where the historical record that is captured in the deed of settlement can be somehow recognised in this House in another way.

Through the debate in the second reading and the Committee stage of the bill I have raised a number of issues. In particular, I raised the future treatment of the Waipā River, the importance of joint management agreements to achieve practical effect and benefits, the importance of an integrated management plan and its implementation, and the importance of the role of the Waikato River Authority and the Waikato River Clean-Up Trust. I was delighted to hear the response from the Minister giving absolute assurance on the tenure of a member who has been appointed to the Waikato River Authority not only to ensure continuity first and foremost, but also, I think, to give confidence in the role that that authority has and in appointing members to it who can do the job that they were appointed to do. I am glad that politics will not get in the way of that. I am also delighted to hear the Minister’s further clarification of the way that the Waipā River will be treated. I have said time and time again in this House that we cannot have a clean Waikato River with a dirty Waipā River. It is absolutely fundamental to get the Waipā River right in terms of its ongoing management, substantially by looking at how a clean-up fund may be treated, and, more important, by looking at the nature of Maniapoto’s role in achieving an outcome there.

I think, on reflection, much of the solution that has been reached for the Waikato River will be drawn on, and—I specifically read—is contained in some of the recommendations of the Land and Water Forum report. I am pleased about that because all these iwi—Ngāti Tūwharetoa, Te Arawa, Raukawa, Maniapoto, and Waikato—will be a part of determining how things can actually be done better. If the recommendations of the Land and Water Forum report are taken on board in a practical way, one would look very carefully, and maintain momentum on working alongside these iwi to ensure that the implementation of its terms in the deed and legislation could be effective. We know that many more stakeholders, other than iwi, are needed to achieve a durable outcome.

Some comment was made in the previous debate about the role of the intensified farming activities of the upper Waikato River catchment. I made the point then, and will make the point again, that iwi by and large participate in this activity, and see themselves as leaders for sustainable farming management practices. We should applaud them for that, and for their effort to continue to drive better and higher standards in this place. But they cannot do it alone, and neither should they be expected to. So there is a real challenge, for the whole of our rethinking of the Primary Sector strategy, in relation to how we get the right tension and balance between economic benefit, the utilisation of land, and the ongoing utilisation of water. Again, I point to this type of settlement as a model where we can work out some very practical and critical steps forward, and I look forward to the learnings from the settlement.

By and large I recognise that for some of the iwi participating in this process, their comprehensive claim is yet to be determined and dealt with—notably, Raukawa, Ngāti Korokī Kahukura, and Maniapoto. I am heartened by the fact that just today the Minister gave an indication of leadership on this front, and he can expect my full support. In order to achieve real change for these types of iwi, the ability to settle their comprehensive claim will be another spoke in the wheel of progress, which will allow them to get on with developing their lands, their resources, their people, their future, and the opportunities that they see in going forward.

There have been many debates in this House where the Government and the Opposition have often not agreed, but I say that the future of the country relies on being able to resolve historical Treaty claims fairly, in a durable manner, and in a manner in which the Government of the day, whichever it is, maintains its ongoing commitment. I regret that one party rejected giving its support for a settlement like this, and I regret that that may well represent a small percentage of our society that will always scratch an itch, which urges a scratch when you need it least. However, in saying that, I am heartened by the fact that debate on this issue has been constructive, by and large. The role and work of the Māori Affairs Committee under the leadership of Tau Henare has at times been humorous, but always in the best interests of progress. I recognise the manner and work of the officials, the clerks of the committee—I have already mentioned the previous Minister Michael Cullen and the current Minister Chris Finlayson—all the Office of Treaty Settlements officials, and all the iwi representatives who are here tonight, as well as those who are not here but who would have come if they had had the chance. Most important, I recognise the kaumātua and the mokopuna of these iwi, who indeed have held the vision, and who will achieve the aspiration that has been set. I recognise them all, and offer my support, and Labour’s support, for the third reading tonight. Kia ora.

HenareHon TAU HENARE (National) Link to this

Te mea tuatahi, anei taku mihi ki a koutou e aku rangatira, e aku tuākana. E te iwi Tūwharetoa, Raukawa, Te Arawa, ngā mihi nui, ngā mihi nui, ngā mihi nui.

[In the first instance, my acknowledgment to you, my chiefs and elder brothers. Huge, enormous, and immense greetings to you, the people of Tūwharetoa, Raukawa, and Te Arawa.]

It is a wonderful event when people turn up to Parliament to hear the third reading for the passing of a bill that is particular to their area, and particular to the whole Treaty settlement process. They do not turn up just to have a jack, they do not come just to have a cup of tea, and they do not come just to have a few parliamentary biscuits and what have you. They come to see a bit of history. They come to see the job being done. They come to see that final hurdle that has been put in their way over the years overcome. So I am very pleased that the gallery is full of te hau kāinga and of the significance that their presence gives the House today.

I congratulate the Minister for Treaty of Waitangi Negotiations, the Hon Chris Finlayson. National made a promise on the campaign trail that we would try our best to settle all Treaty claims by 2014. I think we have done a pretty good job, with the help of our colleagues across the way, in getting there. Let us say, we are on track.

This particular Treaty settlement is not only about the restoration and protection of the Waikato River but also, as we have often talked about in this House, the issue of partnership. I suppose the country has been dying to see what partnership really can look like. I think that the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill, and the parent legislation go some way—in fact, a long way—towards showing the nation that partnership can work, that co-management can work, and that partnership is nothing to be scared of. It is something to behold, when for years and years we have been told that partnership cannot work, how easy it is if we just give a little on both sides. I am not saying that the other side should have given too much.

I think the most important part of what we will do today does not concern the details in the bill, but it is about that mere fact of partnership. I am lucky to be the chair of what I consider to be a very, very good committee. The wealth of knowledge on the Māori Affairs Committee, from the Opposition, the Greens, and my colleagues on this side of the House, makes the job pretty easy.

Yes, we lose our rag now and then, and that is all part of the drama of this place. But there is nothing better than going to a place to listen to the home stories, and to involve ourselves, just for a brief moment in time, in the whakapapa of that place, in the stories of that place, and in the humility of that place.

So on behalf of my colleagues on the Māori Affairs Committee, I also thank the officials. They have a thankless job, and I know that they have stones thrown at them from all sides. I pay a special thanks to the Office of Treaty Settlements for its help for the committee to get through its business in such a worthwhile manner. So without further ado, anō te mihi, anō te aroha, anō te kaha ki a koutou katoa, ngā mōrehu o ngā aituā, tēnā koutou, tēnā koutou, tēnā koutou katoa.

[My gratitude, sympathy, and courage to you all once again, the survivors of misfortune. Greetings to you, greetings to you, and greetings to you all.]

RirinuiHon MITA RIRINUI (Labour) Link to this

Hoi anō rā kai te Kaihautū hei tuatahi māku, kai te tū whakaiti nei i roto i te Whare i te mea rā kua tae ā-tinana mai, ōku rangatira, ōku kuia, ōku tuākana, teina, tuāhine. Kua takahia i a rātou te nuku o te whenua kia kite ake anō i a rātou ki te tutukitanga o tēnei kaupapa e kawe nei i a rātou ki roto i te Whare Miēre. Kīhai rā te wareware i a rātou kīhai i tae ā-tinana mai, rātou kua whetūrangihia. Kore e taea te whakahua, ko wai, ko wai, ko wai, kai mahue ake wētahi. Engari anō, me pēnei rā te kōrero, kore rawa tēnei pai ki te wareware i ā rātou me ō rātou mahi ā-ringaringa, hei mea āwhina i a tātou e ora nei, me ā tātou mokopuna, kāre anō kia whakatinana mai i roto i tēnei ao. Nō reira, nā runga i tēnā kai, e tika ana kia mihi atu ki a rātou i ngā rangatira, koroua, kuia o Ngāti Tūwharetoa, o Ngāti Raukawa, o Te Arawa kua tae mai i te ahiahi nei. Nō reira, tēnā koutou, hara mai. Tēnei rā te mōkai, te pōtiki e tū whakaiti e mihi ake nei ki a koutou, tēnā koutou, otirā, tēnā tātou katoa.

[Indeed, the first thing for me to do, Mr Deputy Speaker, is to say what a humbling experience it is for me to rise in the House, because my chiefs, elderly womenfolk, older and younger siblings, and sisters are here in person. They have traversed the land to witness the completion of this matter that they have brought before the Beehive. Those who are not here in person and who have died will never be forgotten. It is not possible to name each of them, in case someone is left out. But suffice to say, whatever their physical contribution was that enabled us to survive today and to make a better tomorrow for our grandchildren yet to come, those deeds will never be forgotten. As a consequence, it is fitting that greetings are accorded to them, the chiefs, elderly men, and womenfolk of Ngāti Tūwharetoa, Ngāti Raukawa, and Te Arawa, who came this afternoon. So greetings to you, welcome. This servant and young one of yours stands humbly before you to acknowledge and commend you and us all.]

I think I should begin by acknowledging the presence in the gallery of my elders from Ngāti Tūwharetoa, Te Arawa, and Ngāti Raukawa, who have travelled a great distance, as previous speakers have iterated, to witness the final journey of a chapter that they have been involved in writing for many, many years. I join with the previous speaker, Tau Henare, in welcoming them here tonight. In doing that, I also acknowledge the ones who were not able to make it, and who are no longer with us, but who made a terrific contribution to the completion of this settlement legislation—may they always be remembered. On that note, I pay tribute to those who are not here.

It is interesting, having listened to previous speakers, to note that the Minister for Treaty of Waitangi Negotiations, Christopher Finlayson, by right, articulated all the aspects of this settlement legislation. I congratulate him on his tenacity and his dedication to settling this legislation, in the interests not only of the claimants but also of the communities and of all New Zealanders in general. I also express my warm congratulations to the Minister on the announcements he made at the Kōkiri Ngātahi hui this morning, and I look forward to working with him on some of the issues he raised. I say kia ora to the Minister.

In congratulating people, I also acknowledge former colleagues—the Hon Dr Michael Cullen, who played a major part in bringing this legislation to this point, to its final journey; his predecessor, the Hon Mark Burton, who played an important role as well; and in particular the Hon Margaret Wilson, who initiated discussions around our particular caucus table to ensure that the passage of this settlement in relation to the Waikato River was complete. It goes without saying that those former members played a tremendous part in the shaping of this legislation. They went through the trials and tribulations, as we do, but they were determined that the negotiations, regardless of the highs and lows, had to continue and that the settlement had to be completed.

My esteemed colleague the former Minister of Māori Affairs, the Hon Parekura Horomia, could not be here today, but he asked me to express his sincere congratulations to the representative of the three iwi here today, and to wish them the best for the future. He has other commitments, but he asked me to express his warmest greetings and congratulations to the people.

Previous speakers, as I have said, have highlighted a lot of the technical aspects of this legislation and, this being the final passage of this settlement legislation, I feel no need to cover any of the information that has already been mentioned by the previous speakers. I agree with the chairperson of the Māori Affairs Committee, the Hon Tau Henare, that the issue about partnership varies in terms of its definitions.

Earlier this week, as members will be aware, we had the first reading of the Ngāti Manawa and Ngāti Whare Claims Settlement Bill, and part of that bill covered the interest of those iwi in the Rangitaiki River and other waterways. It is interesting that the arrangements they had with Environment Bay of Plenty varied considerably from the arrangements that Ngāti Tūwharetoa, Te Arawa, and Ngāti Raukawa have with Environment Waikato. Notwithstanding that, what is important about this whole process is that each iwi be treated differently in terms of their definition of their customary interest and their natural environment—and I mean waterways, land, maunga, awa, and takutai moana, in whatever shape or form those may come.

This legislation has proved and demonstrated that, actually, as with the Ngāti Manawa and Ngāti Whare Claims Settlement Bill, it is possible for iwi claimant communities to sit down with Crown representatives and define exactly what their customary interest, or their ownership interest, in any particular part of their estates, may be translated into. In this case today, we are witnessing, as the Minister highlighted, the definition put forward by these three iwi.

Even during those negotiations there were issues that were difficult to deal with, and one might say that most of those difficulties had been promulgated by the Crown and the Crown representatives. That was what I was told on many occasions, and in many of the meetings I was in. But it is the test of any Minister to work his or her way through the issues to find common ground, and to find a resolution that is suitable to all. During the select committee hearings in Rotorua I was pleased to hear that many of the issues that were raised were not insurmountable. In fact, if we talked long enough we found common ground on which to resolve them.

I was interested to hear the submission on behalf of Te Arawa Lakes Trust. It voiced some general concerns about its relationship with Environment Waikato, and also about its relationship with the newly formed Te Arawa River Iwi Trust. But the committee concluded that whatever issues there were between the two bodies, they were issues that the bodies themselves needed to resolve. The Crown could not impose a solution on those particular issues. As far as the Te Arawa Lakes Trust was concerned, all of Te Arawa was represented, and as far as the Te Arawa River Iwi Trust was concerned, all of Te Arawa was concerned; there is no place for the Crown in terms of resolving any relationship issues. I was very pleased to hear from the chairman of the river trust, Roger Pikia, that discussions, wherever necessary, would be implemented, that those issues would be overcome, and that that would be something resolved by the bodies themselves.

Other issues that came up during our discussion at the select committee hearings in Rotorua involved other iwi issues as well, but by and large those issues needed to be resolved locally. All too often the issues between iwi are brought into the public arena, and in some cases it is expected that the Crown will resolve whatever the differences may be. I am very pleased to say, as was highlighted by the previous speaker, the Hon Tau Henare, that all those issues were to be resolved at a local level.

I am really honoured to be standing in the House today and supporting the settlement of this bill in the last stage of its journey through this House. As the previous speaker said, and as my colleague the Hon Nanaia Mahuta also said, from here on it is really up to the people. It is up to the people to give meaning to the legislation, it is up to the people to drive a lot of the relationship commitments they have entered into, and it is up to the people to determine the way forward. There is a process for doing that; it is in the settlement legislation, where the iwi themselves have defined in the schedules what type of relationship they will have with various organisations. Those definitions have not been provided by the Crown, although they have been discussed fully with the Crown. They are purely the views of those groups in particular.

On that note, once again I congratulate all those involved: the representatives of Ngāti Tūwharetoa, Te Arawa, and Ngāti Raukawa; their negotiators, who did a tremendous job under difficult conditions; their technicians, who had to work under equally difficult conditions; and their supporters, who kept this whole thing together and ensured that their team had the support necessary to make this settlement possible. Kia ora.

ClendonDAVID CLENDON (Green) Link to this

Kia ora koutou. It is a genuine pleasure and a privilege to take a short call on the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill, and to personally acknowledge the presence of the rangatira and the people of Ngāti Tūwharetoa, Raukawa, and Te Arawa iwi. It is also a genuine pleasure and a privilege to acknowledge and to offer our respect for the work that has been done over generations to bring us to this point. Today we will pass into law recognition of the mana whenua and the kaitiakitanga status of the upper Waikato iwi.

The purpose of the bill is fairly and clearly stated: “to restore and protect the health and wellbeing of the Waikato River for present and future generations.” That is a very short, succinct statement, but it is one that encompasses an enormous amount of work and effort. That is particularly so when as Greens and as Māori we recognise that we are talking not only about future generations of people but also future generations of the species with which we share this world. Those species are present but their presence has been degraded. We will endeavour to bring back their presence over time. Fulfilling the purpose to restore the health and well-being of the river and the catchment will be the task of generations. It will be a task of generations, given the appalling state of the river and its surroundings.

One simple indicator of the degradation of the river is that where it starts at Taupō there is something like 14 metres of visibility in the water, but at the Waikato River mouth there is perhaps 1 metre of visibility. That is a single indicator of the appalling degradation of the river that has occurred over time. That is the nature of the task that confronts both ngā iwi and the Treaty partners—the Crown and its agencies.

The Greens have been very happy to support this bill as we support other settlement bills through the House, because they come very close to a couple of our key principles. They are principles of social justice under ecological wisdom, restoring mana to the people to whom it belongs, and putting in place mechanisms and tools that will over time improve the ecological and environmental quality of the place.

It is clear that in order to manage a waterway one must look to the condition of the water and observe it. But also, critically, one must turn one’s back on the waterway and look at the land that surrounds it. Only by managing the use of the land and the quality of that usage can one restore the quality of the waterway over time.

We know that in the course of changing land use there will be huge resistance to some of the necessary changes. My colleague Nanaia Mahuta mentioned in passing the importance of shifting to sustainable management practices in the entire catchment of the river if we are to achieve that goal. That is a large task and it will be a demanding task. There will be opposition to the necessary changes, but the task is made easier by the fact that we do have existing models and we know it can be done. There are good examples of best practice that enables land use that is economically productive, allows and supports communities of people, and also enhances and improves the quality of the natural environment, which is so desperately needed in this area.

A couple of key mechanisms, or tools, are embedded into the legislation. One of them is the vision and strategy. Importantly, and to the credit of the drafters of this bill, the vision and strategy has been given a very high status in the hierarchy of documents that affect land management, land use, and the management of the river. It is only by giving that vision and strategy a very high status in the hierarchy that we will be able to break through the resistance, because it will have some status in terms of resource management, fisheries, and biosecurity. I have to say it was quite a courageous move on the part of the Government, the drafter of this bill, to give the vision and the strategy that level of status and recognition in the bill.

The second primary tool, which is the major tool in the legislation, is the integrated management plan. It is a model for the use of catchment management practices that is relatively new to New Zealand. It is an evolving discipline and there are no very robust models, so this catchment management will be an evolving task. This is a wonderful opportunity to demonstrate in partnership between Māori, the Crown agencies, and communities of interest that good catchment management is not only desirable and needed but also entirely possible. Not only can we inform ourselves of best practice over time but also that model will be very useful for other areas outside Waikato.

Critically, it must be recognised that Māori have lived of necessity in a bicultural world for many generations. It must also be recognised that settlements of this nature, which demand a genuine partnership approach, also mean that other, non-Māori New Zealanders will need to accept and even enjoy living in a bicultural environment, working in the acknowledgment of more than one world view. There are those who will resist. They will insist that we are all one country, one national identity. But that would be to deny the ethnic differences, the richness of ethnic diversity, and the richness and depth of experience that Māori, as kaitiaki, can bring to this long, very important, and necessary process of the restoration of the river.

Co-management is not just a technical task or challenge; it requires acceptance and the blending of two world views. There is a strong thread of Western-based science and practice in conservation and land management and in the management of flora and fauna—and, indeed, in our productive land—and it is very powerful. Western science has a great deal to bring to the occasion, to the table, and to the ultimate outcome.

But there is also an emerging and developing awareness that we must incorporate the Māori world view—mātauranga Māori must also be an equal partner in this—and, if possible, to evolve better practice and better frameworks for management by taking the best, in an engaged and cooperative way, of the two streams of thought, Western science and mātauranga Māori. It is encouraging to see work being taken by the Māori environmental research centre at the National Institute of Water and Atmospheric Research along those very lines. It is looking for ways to bring together the best of Te Ao Māori and Te Ao Pākehā in order to get frameworks, tools, and practice models that will achieve the outcomes that we all so desperately want and need.

We will all be the richer for committing to embedding the Treaty relationship into day-to-day practice in terms of land management, of river management, and of bringing together communities of interest, knowing that there will be tension, that there will be dispute, and that people will feel threatened and challenged. They will be forced out of their comfort zone, but in the fullness of time it is to be hoped that there will also be an acceptance. I think that all members in this House today have the responsibility, given the level of goodwill that there is towards this bill and its provisions, to put our weight behind mediating those inevitable disputes, the consequences of the implementation of this bill. Certainly, for the Greens, I can commit to that. We will continue to lend our support to the implementation as well as to the passing of this bill. We will all be the richer for it, as will the natural world that surrounds and sustains us.

Finally, I again pay my respects and offer our regards to ngā iwi of the Waikato, who are taking on this final hurdle, as our colleague Tau Henare mentioned. It is most certainly a final hurdle in terms of the legislative process, but the real work is just beginning. Again, I commit the Greens to supporting that work. Kia ora koutou.

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

Tēnā koe, Mr Deputy Speaker. Kia ora tātou katoa. Koutou kua haramai i te kāinga, nau mai ki te Whare Pāremata i te ahiahi nei. Ko te taha ki a au ki a Te Arawa, haramai ki tēnei o ngā Whare. Ki tōku taha ki a Ngāti Raukawa he pērā anō te mihi. Ki taku taha ki a Ngāti Tūwharetoa, koinei anō hoki te mihi ki a koutou kua haramai i tēnei ahiahi, nau mai, hara mai, nau mai, hara mai. Nau mai, hara mai me te āhuatanga o ngā mate o te kāinga. Arā anō atu rātou, e takoto mai rā i runga i ō tātou marae. Ko ētahi i tohe nei mō te take nei, arā, ko te whaea o tērā e noho mai rā ki reira, a Raihā. Ko ia tērā kua riro. Arā anō atu, arā anō atu te hunga i pakanga, me kī, kia taka mai te mana whakahaere i roto i ngā ringaringa o te iwi, mā te iwi anō rā e kōrero mō ngā rawa e pā ana ki a ia. Nō reira kāti, waiho rātou kia moe, kia okioki, ko tā tātou ko te whakanui i te āhuatanga o te rā nei. Kei aku rangatira o te kāinga, tēnā koutou, tēnā koutou, tēnā koutou katoa.

Kātahi te pire whakaharahara ko tēnei, ki a mātou o te Pāti Māori. Ko te mea nui, ko te mea whakaharahara nei, me kī, kua whai wāhi ngā iwi e kōrerohia ake nei a Ngāti Raukawa, a Ngāti Tūwharetoa, me te taha ki a au ki a Te Arawa, i roto i ngā whakahaere, i ngā nekeneke, o te awa o Waikato. Pēnei i tāku e kōrero nei, kua roa tēnei take e tohengia ana e ētahi, ā, kua riro, engari anei te hunga e noho atu nei, ki runga ake nei, te hunga i kawe nei i tēnei kaupapa ki tōna whakatinanatanga, ki tōna puāwaitanga. I te ahiahi nei kei te tāpiri atu āku mihi, a ētahi atu kua tū i mua i a au, ki a rātou kua haere mai i tēnei ahiahi.

He tirohanga whakamua tēnei nā runga i te whakaaro, kotahi tonu te rōpū, te kaunihera rānei, ka whakarite i tētahi mahere hei tiaki i te awa o Waikato. Koirā te mea whakanui, whakaharahara. Ko te nohotahi a te hunga whai pānga, ā-Māori nei, me te Karauna, he mea hōu tērā ki te nuinga, me kī, ō tātou. Ko te nohotahi o te Karauna me te iwi nā runga i te whakaaro kotahi, otirā te kaupapa kotahi. Ko tāku e kī nei he tauira pai tēnei mō ngā tau kei mua i te aroaro, mēnā ka taea e tātou te whaiwhai haere i tērā tauira. Te Karauna e pōhēhē kei a ia te kupu kōrero whakamutunga, ko ia te mea mōhio, ko ia i tōna kotahi te mea mōhio.

He aha kei te pūtake o tēnei pire? Ko te whakatinanatanga o tēnei mea o te kaitiakitanga e kōrerohia ana i runga i ō tātou marae. Mō te Māori, mō te Ao Māori, ko te noho kaitiaki nei, he noho me te ao, he noho ki ngā tipu, he noho i te taha o te whenua, o te wai māori, o tō tātou taiao. Ka tiaki te taiao i te tangata, te tangata ki te taiao. Koinā tōna tikanga. Mō tēnei pire, kua whai wāhi ngā iwi ki te whakatau, ki te tohe, ki te ārahi, ki te tiaki tonu i te awa, ā ngā rā kei mua i te aroaro. Ko te whakatinanatanga anō hoki tēnei, o te kaupapa nei o tēnei kupu o te kotahitanga. E toru ngā iwi, e mahitahi ana. Āe, arā anō ētahi e noho tahanga ana, me kī, ā, e kōrerohia ana, e te Hōnore Nanaia Mahuta. Engari ko te mea pai o tēnei, ko te tono o te iwi ki te nohotahi, ki te kōrero, ki te wānanga i ngā take nei, i te taha o te hunga whakahē.

Kai te kōrero au mō te taha ki a Ngāti Maniapoto, ki te taha ki a Ngāti Korokī-Kahukura. Tērā anō hoki tērā e whakahē ana i ētahi wāhanga o te pire nei. Ki tāku e rongo nei, he take tā Ngāti Korokī-Kahukura. Ko tā rātou, kia ōrite tō rātou mana ki tērā o ngā iwi e toru e kōrerohia ana. Ko tā te komiti whāiti he īnoi tonu, kia noho wātea tonu tētahi tūru ki tērā hunga. Ko tā rātou, ko tā Ngāti Korokī-Kahukura, kia riro tō rātou rohe, tō rātou mana ki raro i a Ngāti Raukawa, Te Arawa, me Ngāti Tūwharetoa. I roto i te tono a Ngāti Korokī-Kahukura, mā te Poari o Taumata Wīwī, ka whai wāhi rātou i te rohe nei, mai i Arapuni, ki Waipapa. Ki taku mōhio kei te tautoko mai ētahi o ngā iwi nei ki tērā whakaaro. Anei tā Taumata Wiwi Trust i te reo Pākehā:

[Greetings to you, Mr Deputy Speaker, and to all of us. To those who have travelled from home, welcome to Parliament House this afternoon. To those on my Te Arawa side, welcome to this building of the Parliament Buildings. A similar welcome to my Ngāti Raukawa and Ngāti Tūwharetoa sides, as well, who have arrived here this afternoon— welcome, welcome, welcome. Welcome in respect of the deaths back home, welcome. The number who have lain in state on our marae have been so numerous. Some were involved in the debates around this issue. One such person was Lady Raihā Māhuta, mother of that member seated over there. She has passed away. Others too fought to have the people involved in the governance of the river and to have a say in how their resources are to be used and managed. So enough. Allow them to sleep and rest there. Our part today is to celebrate this event. So greetings to you, my leaders from home, greetings, salutations, and acknowledgments to you all.

What a wonderful bill this is to us, the Māori Party. The most important and outstanding feature about it is that Ngāti Raukawa, Ngāti Tūwharetoa, and Te Arawa are participants in a co-governance framework, as well as establishing a co-management and related arrangements for the Waikato River. As I have alluded to previously, this issue has been a debating point for a long time for some who have since passed away, but the ones seated above in the gallery have brought this matter to its completion and realisation. This afternoon I add my congratulatory statements to the tribes who have come here, alongside those who stood before me.

This bill is visionary, as it establishes a single co-governance entity that sets out the plan for protecting the Waikato River. That is the most important and crucial thing about it. Crown and Māori interests working together as a single entity is something new to many in respect of co-management between Māori and the Crown on a common cause, particularly for us. I advocate this as a good model, and if we can follow it, much will come from it in the future. The Crown assumed that it had the final say, it knew what was best without any further consultation.

What is the essence of this bill? It is the expression of guardianship that we allude to on our marae. It is for Māori and the Māori World to retain guardianship status, to live in balance with plants, land, freshwater, and our environment. The environment protects people, and people protect the environment. That is how it is supposed to be. In respect of this bill, Māori will now have a say over how the river is to be monitored in the future. Implementation of this is also the essence of guardianship. Three tribes are working alongside each other. Yes, there are others who oppose the bill, as the Hon Nanaia Mahuta has pointed out. But the good thing about this is that the three tribes are required to work together; dialogue is forced between each tribal group who oppose it.

I will comment on the part that concerns Ngāti Maniapoto and Ngāti Korokī-Kahukura, who oppose some provisions of this bill. I have heard that, to Ngāti Korokī-Kahukura, it is the recognition of their authority and being treated equally with other river iwi. The select committee will continue to push for them to have a seat on the Waikato River Authority, but according to Ngāti Korokī-Kahukura, this bill puts their domain and authority under Ngāti Raukawa, Te Arawa, and Ngāti Tūwharetoa. In their submission, Ngāti Korokī-Kahukura, through Taumata Wīwī Trust, described the fact that they have a shared interest in the area from Lake Arapuni to Waipapa. I understand that other iwi back this assertion. Here is what Taumata Wīwī Trust had to say in English: ]

“The Waikato River settlement is intended to be holistic and to promote co-management … The exclusion of Ngāti Korokī Kahukura as a river iwi is a fundamental flaw.”

Ko tā te poari rā, he whakanui ake i te kaute, me whakanui ake i te kaute o te hunga e noho nei i te Waikato River Authority ki te tekau mā tahi, arā, kia kotahi tūru anō mō te taumata nei, kotahi tonu ki te Karauna. I whakaaetia mai e te komiti whāiti ki te take nei engari, tekau noa iho te whakatau, ā, ko tā rātou me kimi tētahi rongoā pēnei i tā Nanaia e kōrero nei, me noho ki te tēpu ki reira kōrero ai. Ko te take ki a Ngāti Maniapoto, he īnoi kia whai wāhi a Ngāti Raukawa i te awa o Waipā, ā, kia whai wāhi anō hoki a Ngāti Maniapoto i te taha o Ngāti Raukawa me te kaunihera ā-rohe. Ko tā Ngāti Maniapoto, kei raro te awa o Waipā i te mana o Ngāti Maniapoto i te mea, ko tētahi wāhanga o te awa kei roto i te whakataunga o Ngāti Raukawa, me whai wāhi anō hoki rātou i ngā kōrero katoa. Ki taku mōhio, ko tā te komiti whāiti, he take ā-iwi tēnei. Koinei te kōrero a te Hōnore Mita Ririnui, mā ngā iwi tonu e whiriwhiri te huarahi hei whāinga mō rātou. Ehara tērā i te take mā te Karauna. Kei te āhua whakaae atu ki tāna e kōrero nei. Nō reira, ēnei kōrero katoa he paku whakamārama ake ko te āhuatanga o tēnei pire.

Hei kōrero whakamutunga māku, e hia kē nei ngā painga o te pire nei. Tuatahi, he pūtea kua whakaritea ki te whakaora anō rā i te awa. Tuarua, ka riro mā ngā mana whenua e whakarite ngā rautaki, ngā mahere mō te awa, ā, ka tāpirihia atu ki roto i ngā mahere o te Waikato Regional Policy Statement. Tuatoru, mā te Waikato River Authority e whakaingoa i te hunga kōrero i ngā hui ā-poari. Ka whai wāhi anō ngā iwi ki te āta tiaki i ngā awa. Me whakaae ngā iwi me ngā kaunihera ā-rohe ki ngā momo mahere ki te tiaki i te awa. Ka whai wāhi ngā iwi ki te whakaae mai, ki te whakahē rānei i ngā tono e pā ana ki te awa.

Nō reira koinei ngā painga, pēnei i tāku e kōrero nei i te tuatahi, he tauira pai tēnei. Ko te nohotahi a ngā iwi me te Karauna ki reira kōrero ai mō ngā take e pā ana ki te tiakitanga o te awa nei. Kei wareware ko te taha ki a Ngāti Korokī-Kahukura rāua ko Ngāti Maniapoto, waiho tērā take ki reira mā ngā iwi e kōrero. Engari pēnei i tāku e kōrero nei, ā, he tauira pai tēnei mō te mahitahi, ki te tiaki i wā tātou taonga. He mihi rā ki te aronganui, te arongatahi o te hunga i kaha nei ki te kawe mai i tēnei kaupapa ki tōna whakatinanatanga i te ahiahi nei, arā, ko te tiaki i te waituku kiri, o ngā mātua, o ngā tūpuna.

Hei kupu whakamutunga, kei te aroha atu ki te hunga i whakahē nei i tēnei take i ngā marama kua hipa ake. Engari kei te pai kua puta tērā reo kōrero, ā, hoi anō ko te reo kōrero i te ahiahi nei, he harikoa, he mihi, he whakatau. E te iwi tēnā koutou, tēnā koutou, kia ora tātou.

[That board wanted to increase the membership of the Waikato River Authority to 12, with one member appointed by the Taumata Wīwī Trust, the other by the Crown. The select committee acknowledged that there is an issue here, but that the optimum membership count remain at 10. They were to seek a solution such as the one suggested by Nanaia, whereby they sit at the table and discuss it there. The issue for Ngāti Maniapoto was to request that Ngāti Raukawa have an interest in the Waipā River, that Ngāti Maniapoto and Ngāti Raukawa have a place, as well, on the regional council. To Ngāti Maniapoto, the Waipā River is under the mandate of Ngāti Maniapoto because one part of the river is in the Ngāti Raukawa settlement, so they should have access to all the information, as well. I understand that according to the select committee this is a tribal matter. The Hon Mita Ririnui stated that the tribe should decide it; the Crown should have no part in it. I kind of agree with that, somehow. So all these comments are bits of explanation about the nature of this bill.

To end this address, I want to say that this bill has many benefits. Firstly, a fund has been set aside to clean up the river. Secondly, it allows the people of the land to develop their own strategies and plans for the river and to incorporate them into the Waikato Regional Policy Statement. And, thirdly, it is left to the Waikato River Authority to appoint representatives at board meetings. Tribes will also have a part to play in the resource consents process relating to the river.

So these are the benefits. As I said at the beginning of my speech, this is a good model, where tribes and the Crown come together to talk jointly about matters relating to protecting the river. Let us not forget that the issues relating to Ngāti Korokī-Kahukura and Ngāti Maniapoto will be addressed by the tribes. As I have said previously, this is a good example of how to work collaboratively to protect our resources. I acknowledge the foresight and perseverance of those who worked hard to bring this bill to its conclusion this afternoon, which is all about protecting the river of the ancestors and forefathers.

In conclusion, I sympathise with those who opposed this bill in the past months. But that is fine; it is out now. This afternoon it is all about being joyful, congratulatory, and agreeing. Congratulations to you, the people, and to us .]

BridgesSIMON BRIDGES (National—Tauranga) Link to this

The Hon Tau Henare in his speech to the House on the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill made note of how wonderful it is that people, crowds indeed, turn up to these settlement bills. As he said, they do so not for the parliamentary bickies or anything of that nature, but to bear witness to a moment of magnitude in history.

We on the Māori Affairs Committee have seen a lot of crowds turn up. One could almost, I say this glibly, tell the substance of a settlement by how many people turn up. What we also see is how many of these settlements are occurring, and on Tuesday there was another settlement before us in the House. It is a real testament to the Hon Chris Finlayson and his people, and the work they are doing to ensure that we settle these matters expeditiously. I acknowledge the work that was done previously by the last Labour Government. I also acknowledge Tau Henare and the Māori Affairs Committee. As he said, despite the barneys sometimes, we nevertheless get on well and do the business well, I think.

Due to the number of these bills it is tempting—indeed, it is too easy—to come along to the House and give a quick perfunctory speech and then sit down. But the reality is that each one is special, each one has significance, and this one is very special. It involves the Waikato River. As Chris Finlayson said, it literally involves flowing water. It is our mightiest, I would say our most important, river in New Zealand. Through this bill we ensure that we are protecting it, enhancing it, and cleaning it up—there is no question that it has suffered degradation and pollution over the years. We are providing the funds for that clean-up and we are providing in some ways a novel but nevertheless significant series of models to ensure that it is done in a very good way.

The Minister for Treaty of Waitangi Negotiations, Chris Finlayson, said, probably modestly, that he was satisfied with this bill. I think we can all—the Crown, iwi, and participants at whatever level—be more than satisfied. We can be well satisfied with what has been achieved and with what comes to fruition today in one sense, but in another sense just starts a journey. With those remarks, I commend this bill to the House.

ChadwickHon STEVE CHADWICK (Labour) Link to this

Kia ora, Mr Deputy Speaker. To all those people up in the gallery, I say that I would not call them a crowd. I think they bring much more significance, in being with us today. I would probably call them an ope. To the people of Te Arawa, Ngāti Tūwharetoa, and Ngāti Raukawa I say welcome and thank them for making the journey yet again to share their stories, their history, and their past with us in the House who are just doing the bidding of drafting legislation and getting it to the House. We share their presence here today. Thank you for being here.

It is my pleasure to be here. The Hon Parekura Horomia and the Hon Maryan Street are unable to be here today, so I have the privilege of being here for the third reading. I am also able to congratulate the Minister for Treaty of Waitangi Negotiations on bringing the bill to this end today. I think the Minister has embarked on a new approach with Treaty settlements. He is picking up the legacy of Michael Cullen, which was left at the end of Labour’s time in Government. But in this case, the settlement was begun by the Hon Margaret Wilson very early in Labour’s 9 years in Government.

This bill is very significant. It is not just another settlement coming before the House. I think this settlement signals a new way of working. Very complex structures have been able to be woven together with the co-governance framework, and also some of the conservation and fisheries components have been woven into the legislation, to make it a much more enduring and sustainable settlement. Those issues, in themselves, created quite a challenge for Labour when in Government. My involvement was very contemporary in 2008. I acknowledge Lady Raihā Māhuta. She came to see me when I was a new Minister of Conservation. She was desperate to get this settlement done. She must have known then that her time with us would not be for much longer and she wanted to have the settlement moved. It was a thrill to have the deed of settlement signed in 2008, and then to have the Hon Chris Finlayson pick it up in 2009. It is not bad that we are here in 2010, having the third reading debate. I congratulate not the speed but the knitting together of the complexities of this bill that we are debating here today.

One of the things I will talk about is the co-governance framework. I think there are some very exciting aspects here, yet to be tested, as I heard my colleagues mention in the House. We have just had the local body elections, so on this journey there will be new councillors on the regional councils and on the local authorities who will not understand co-governance. They have a lot to learn about partnership. They have a lot to learn about listening. They even have a lot to learn about the histories. They need to go back to the storytelling. I say to members in the gallery to tell them the stories so that they can understand the journey, because we have a big future ahead of us. I urge those who will manage this going forward to embrace those new councillors, because they will not understand the complexity of this legislation.

The bill also contains iwi environmental management plans. I remember Nanaia Mahuta bringing forward a member’s bill that we felt very strongly about. It was about the importance of having an iwi environmental management plan. It was sad for us, because the bill was defeated in this House. If only we had iwi environmental management plans for this settlement today, the settlement process would proceed so much more easily.

There will be regulations about fishing. There is a conservation component that has the status of “conservation management plan”, and that is wonderful to see. The Department of Conservation needed to understand the role of kaitiakitanga of the land and of the environment reflected in this statute today. I am sure the department is now learning from this process the ways that will help to strengthen future Treaty settlement processes. We are all guardians of the land, and the Department of Conservation is really a guardian of the land for the people and has to play an integral part in the role of trust and having an enduring relationship with iwi to make those things work for the future. So what a pity it is that iwi environmental management plans are not a component of the legislation, which they could have been for all regions around the country.

There is another powerful component of the co-governance framework, and that is the protection of species. I heard our Green Party colleague David Clendon mention the loss of biodiversity, both along the streams of the Waikato River and in the freshwater fisheries—freshwater eel is endangered, as are kōura and whitebait. The protection of species is absolutely vital, and when we see that aquatic life come back to life the Waikato River Authority will have done its job. I hope we can see that in our time, and I am sure we will because those people want to make this legislation work.

This is a very new approach, and I worry a little bit about the aim to try to have the Treaty settlement process come to an end by 2014, because we learn about new components with each Treaty settlement. I am pleased there is a Waikato River clean-up fund. We did not manage to achieve that in our Te Arawa Lakes settlement. We wanted it; we got a quantum. We have more work to do to clean up our lakes—three of them are also part of the tributary into the Waikato River. That was a new learning process, and it is reflected in this bill. I think that is very significant.

What a pleasure it is to be here today. It is sort of the end of a journey. The chair of the Waikato iwi trust, Roger Pikia, mentioned in his press release today that this journey was begun by a kaumātua Kamariera Heretaunga and 54 others in 1895. That was a bit of a journey, was it not? But what a learning process, in that in 2010 we are settling a grievance about the degradation that has happened both to the people and to the Māori of the mighty Waikato River. Labour is pleased to be giving our support to this bill today. Thank you.

UpstonLOUISE UPSTON (National—Taupō) Link to this

Tēnā koe e te Whare. Rau rangatira mā, tēnei te mihi ki a koutou i runga i te kaupapa o te rā. Tēnā koutou ngā iwi rangatira o te awa o Waikato. Nō reira, e te Ariki Tumu te Heuheu, e Te Arawa, Raukawa mā, tēnā koutou, tēnā koutou, tēnā koutou katoa. Nō reira e te Whare Miere, tēnā koutou katoa.

[Greetings to you, the House. To the leaders of a hundred or so, I acknowledge you in regard to the matter of the day. Greetings to you, the principal tribes of the Waikato River. Greetings to you, paramount chief Tumu te Heuheu, Te Arawa, Raukawa, and the others; greetings, greetings, and greetings to you all. So greetings to you all, the Beehive.]

As the member of Parliament for Taupō it is indeed a proud day for me to share this occasion with the visitors from Tūwharetoa, Raukawa, and Te Arawa. As Government speakers including the Hon Tau Henare have said before me, this is a day for celebration. More important, this day signifies a day of partnership and a day of history. It is a day on which I am proud to be part of the history of our visitors.

Our Government is delivering on its promise to complete final and durable settlements of all remaining historical Treaty of Waitangi grievances. I am sure that, as many people have already stated today, the Hon Chris Finlayson is doing a fantastic job in keeping these settlements moving. I also agree with the Hon Nanaia Mahuta about the importance of finalising these settlements. Finalising these settlements allows us to resolve issues from the past and to focus on the future. Whether the investment is in infrastructure or in businesses and jobs, it creates wealth in our communities. The creation of wealth in our communities means a better quality of life for our whānau. It means a better future. That is what this Government is committed to delivering.

The Waikato River connects my constituents from the south in Taupō, Ātiamuri, Whakamaru, Mangakino, Arapuni, and Karapiro. So it is my pleasure to be here in the third and final reading of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill. We all know how significant the Waikato River is not just in our area but for the whole of New Zealand. I am sure that everybody in this House can think of a time when they enjoyed the river for its recreation, whether it was swimming, fishing, boating, duck shooting, or simply dipping in their toes at the water’s edge. Many of us have business interests that depend on the Waikato River—whether electricity generation, or domestic, industrial, and community water supplies—and irrigation is important for the farming interests of not only iwi in this Chamber but of many in the Waikato region.

I will touch on the co-management arrangements that this bill makes possible. Some of the elected members of local authorities will have changed, but that does not change this legislation and what it allows for. It allows for local authorities and iwi to develop joint management agreements. We have already seen the winning of an Institute of Public Administration award with a joint management agreement between the Taupō District Council and Tūwharetoa. This bill gives iwi participation in specific and defined river-related resource consent decision-making. It recognises the potential of iwi environmental plans, decisions and regulations regarding fisheries and other matters mentioned under conservation, and also their important input into an integrated river management plan.

Many of us recognise the strategic importance of the Waikato River for so many reasons. I thought I would touch on just one from the weekend. On Saturday I was with a crowd at Karapiro that had gathered for the opening of another stretch of walkway and cycleway: 5 kilometres of what will eventually become a 350-kilometre walking and cycling track from Ngāruawāhia in the north to Taupō. It will be for locals and visitors alike. It will be a fantastic day when we are able to travel and share the beauty and might of our river for 350 kilometres.

This recently opened 5-kilometre stretch connects Leamington in Cambridge with Lake Karapiro, where the World Rowing Championships start in only 10 days’ time. On Monday of this week I was in Mangakino and watched one of the rowing teams training on the lake. As a 14-year-old I trained at Lake Maraetai at Mangakino and I have to say that our boat went a whole lot slower than the Dutch boat was going on Monday. It is an exciting time. New Zealand recently got a gold medal and three silver medals in the Commonwealth Games so I am sure that I am supported in the House in knowing that the World Rowing Championships will bring us some gold.

The bill provides a new era in the relationship between the Crown and Ngāti Tuwharetoa, Raukawa, and Te Arawa. This is an important day in their history, in our history, and in the history of New Zealand. I am proud to support this bill. Kia ora ka mutu.

JonesHon SHANE JONES (Labour) Link to this

Kia ora anō tātou. I te tuatahi he mihi tēnei hei tāpiri atu ki ngā mihi whakamirimiri kua tukua ki a koutou kua tatū mai ki Te Upoko-o-te-Ika i tēnei ahiahi. Tēnā koutou. Tēnā koutou me ō tātou mātua, ō rātou wawata me ō tātou moemoeā mō wēnei tāonga kai te mata o te whenua, ahakoa wai māori, wai tai, ngāherehere, raorao papa whenua, ko tā tātou i tēnei rā, he whakapūmau i ngā pānga o tātou te iwi Māori ki ēnei tāonga kua whakaritea hei poipoi mā tātou, hei tuku mā tātou ki ā tātou tamariki, mokopuna ā tōna wā. Nā reira tēnā koutou, tēnā tatou katoa.

I te wā i kōrerotia tēnei pire, i konei anō ētahi kaikōrero whakahahani. Ko tā rātou he whakatutua i te ingoa rangatira o Ngāti Raukawa, Ngāti Tūwharetoa me Te Arawa. Ko te kaikōrero nō roto i te Act Pāti. Nāna i kī mō ō tātou huānga ko tā rātou e whai nei, he hokus pokus. Nāna i kī ko tā tātou e whai nei he whakamōmona i tētahi wāhanga iti noa iho o te marea o Aotearoa, ko te nuinga e whakatahangia ana. Nāku te kī i roto i ērā kupu taukumekume, ēnā momo kōrero ka tau ki runga i te upoko o te tangata nāna i whakaputa tā te mea, nāna i whakataurekareka tētahi iwi rangatira ko Waikato. Nā, me mōhio tātou kua kore rawa atu tēnā tangata i roto i a tātou i āianei. Me waiho ōku kōrero kia pērā rawa hei mutunga ki tō tātou reo Māori.

[Greetings once again to us. Firstly, I add this acknowledgment to the soothing remarks that were accorded to you who arrived here in Wellington, the Head of the Fish, this afternoon. Salutations to you. Greetings to you in regard to our parents and their aspirations, and our dreams for these resources on the land, be it freshwater, salt water, forests, or level or undulating land. Our task today is to affirm our interests and those of the Māori people in these resources that we are to nurture and hand down to our children and grandchildren to come. So greetings to you, and to us all.

When this bill was debated, some speakers who were present made disparaging remarks. They belittled the proud name of Ngāti Raukawa, Ngāti Tūwharetoa, and Te Arawa. The speaker was from the ACT Party. He said that what our relatives were setting out to achieve was hocus-pocus. He further said that just a small section of the New Zealand public would benefit, while the majority would miss out. It was I who said that such words of conflict, and talk of that kind, would land on the head of the person who uttered them. He scandalised the noble people of Waikato. It is interesting to note that that person is no longer amongst us today. I will end my address in the Māori language by leaving it there .]

I rise and treat it as a privilege to support the Minister for Treaty of Waitangi Negotiations and other speakers. I remind us, as I said in Māori, that in earlier speeches on this topic, in so far as they related to the neighbours of the current iwi, that is, Waikato, when we had the debates about that particular bill we, unfortunately, were troubled. The thing that troubled us was that the quality of contribution coming from our colleagues was designed to humiliate and deride the Māori Treaty partner. I want it known that the person and the people who said that what we do today ought not to be done in this House because it belongs in the realm of hocus-pocus are no longer members of this House. What we do here is deadly serious. It not only pertains to the quality of the environment we live in but goes to the heart of the mana of the people that they are genuine participants on the basis of the rights, privileges, and obligations that they inherit from their mātua and further beyond. So this is a day where we are showing some courage.

We know that there are many outstanding problems in the implementation of a reform such as this, but the future lies in the younger generation seizing the cudgels and taking these kinds of models forward. The quality of the environment is an obligation that should fall on all of us. It is too easy to seek to demonise those who want to promote Māori heritage, just as it is easy to stigmatise those who treat the natural resources as primarily being about the generation of wealth. Whether or not we like it, both perspectives are relevant and important in modern New Zealand society. The Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill endeavours to bring forward an aspect of our lifestyle here in New Zealand that has been overlooked for too long—that is, that the hapū and the local people were to be the hewers of wood, carriers of water, and have no status in the big allocation of management decisions about something as prodigious as the Waikato River, which means in English the flowing waters. It is some 400 kilometres, and has a catchment of thousands and thousands of hectares. It is an area that represents a great deal of importance to the super-city, given that it derives much of its drinking water from the area.

Treaty settlement issues deserve bipartisan support, and although I have doubts that 2014 will see the end of this episode in our recent history, we should not use dates that we set in our parliamentary calendar as an opportunity to hammer each other, mislead the public, or threaten the Māori Treaty partner. It will take as long as the time we can dedicate to it for us to get durable solutions.

Today we are in a happy mode, but only yesterday a Waitangi Tribunal report came out warning us about the parlous state of the Māori language. Although this bill is about resource management and the involvement of tangata whenua in statutory management, the contribution that this reform can make to our language ought not to be overlooked. We affirm the importance of the language when we include the guardians of the language in the management of those resources, which are identified by their distinctive names and the ancestral connection between the tangata whenua and those areas. Just as Māori themselves have to take a great deal of responsibility for making this model work, we also have to take an enormous amount of responsibility for ensuring that our language, which is regarded as a taonga of the Treaty, is regarded as an issue deserving of the same level of attention as we give those settlements when we dispatch lawyers to do battle with the Crown, go to yet another mandate meeting, and do other things of that nature.

Te reo Māori belongs in the Treaty realm, but it belongs in every home where we find Māori families. It belongs in a position where either local government or central government do not diminish its status. At the end of the day, it is a broad obligation on all of us as New Zealanders. Perish the thought that the language should end up like the language of Hawaiians, who currently struggle to retain or recover that particular Polynesian language. It is a massive reminder to us that although we might nominate dates as to when Treaty settlements might be dispatched, certain Treaty obligations will be revisited by each generation. They will revisit the position of the language, the zest we show to maintain it, the affection that we show to it, and whether we all step up to the plate and cause it to become regarded, without cringe, as a taonga of all New Zealanders.

Many important speeches have been made. I single out the work that the current Minister is doing. I also appreciate the challenges that he faces in relation to that other iwi, Tūhoe. As I will say again, it was particularly pleasing to learn that the current Minister is looking at various innovations as to how that type of question might be dealt with. No doubt he is afflicted by a similar challenge in relation to the seabed and foreshore, but I have exhausted my rhetoric on that matter for this week.

To our Treaty partners—Tūwharetoa, Ngāti Raukawa, Te Arawa, and obviously the people of Waikato—I say that this is a great example of how we can move into other areas of the natural resource estate. We look forward in the future to when fortune smiles upon us, and you sit on this side of the Chamber and we sit on that side of the Chamber. We look forward to ensuring that it is adequately—I meant no disrespect, Mr Deputy Speaker, by unwisely involving you in the debate as to where you might sit. I actually had the member for Horowhenua in mind. Horowhenua needs to be swallowed by the land, and it will be a landslide that swallows him. But that lies in the future. Without further ado, I mihi to all our tangata whenua here today, salute the Minister, and also acknowledge the work that Dr Cullen did in his time. Kia ora tātou katoa.

QuinnPAUL QUINN (National) Link to this

Tēnā koe e te Mana Whakawā. Tēna tātou te whānau Pāremata. Ngāti Tūwharetoa, Te Arawa, Ngāti Raukawa, tēnei kei te mihi ki a koutou katoa. Nau mai ki te Whare Pāremata. Kua tangihia ngā mate, moe mai koutou. Tātou te hunga ora kei konei i tēnei pō, kia ora huihui tātou katoa.

[Greetings to you, Mr Deputy Speaker. Greetings to us, the parliamentary family, and to you all, Ngāti Tūwharetoa, Te Arawa, and Ngāti Raukawa. Welcome to the House of Parliament. The dead have been mourned, so rest there. To us, the living gathered here, greetings to us all.]

I have the privilege of joining with previous speakers in welcoming our guests, and the members and representatives from the three tribes. As others have suggested, their presence here this afternoon is a demonstration of the importance of this occasion to them, to this House, and to the nation.

My speech is the final step before this bill receives the Royal assent, so, in not wanting to be frowned on by my uncles and aunties, I promise not to hold them up any longer. They have waited for too long for this day to come, to be able to receive this taonga back in honour of those who have gone before them, who are unable to be here on this day to see it happen—they had stood and watched as their taonga was denigrated, and they had hoped that this day would one day come—and, of course, in honour of those who will come after them, who are now charged with the responsibility of taking up the cudgels of leadership and ensuring the future health and well-being of this river that has been spoken of already. So I stand to acknowledge the kaumātua, and the work they committed to in reaching this point. I wish them well.

In so doing, I see amongst them Brian Roche, the ubiquitous Brian Roche, who seems to have a finger in every pie. I single him out because I think this legislation represents his last settlement, and it is appropriate that this Parliament reflects on his deeds. I think he goes back to Ngāi Tahu; that was his first one. He has been involved in the wānanga, in Ngāti Awa, and in the Waikato River negotiations. I think that that reflects on his professionalism. I also single him out because there is one small victory for me—that is, I think I am the only person who, during the course of a negotiation, actually got him to leave the room in frustration. I was able to finally break him down—he had always had the ability to discuss matters calmly until he met me—and I do not think anyone else was able to achieve that.

I also thank and record the work of the officials for the support they gave to the Minister. He is doing an excellent job, and I think it is very appropriate that we recognise the leadership he has shown, and the dedication that he is bringing to the job, to achieve the target of this Treaty settlement. With those few words, it is appropriate that I now conclude and allow the ope that has come down to rejoice in celebration of the closing of this debate. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

Link to this

A party vote was called for on the question,

That the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill be now read a third time.

Ayes 113

Noes 5

Bill read a third time.

Waiata, “Whakaaria Mai”

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