Te Roroa Claims Settlement Bill

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

I move, That the Te Roroa Claims Settlement Bill be now read a third time. I acknowledge the people of Te Rōroa who have now arrived in the galleries. I welcome those who have travelled from Northland to be here today, to listen to this third reading of their claims settlement bill. I acknowledge them, and all of those from Te Rōroa, who have worked so hard to make this day possible. I acknowledge the many Te Rōroa kuia and kaumātua who are no longer with us but who provided leadership and inspiration to Te Rōroa’s negotiators and to the Te Rōroa people.

I am told that Te Rōroa means “the tall ones”. Te Rōroa take their name from Manumanu, the tupuna who was killed in battle. He was so brave that his enemies exclaimed “Behold! That man is as tall as a white pine.” Te Rōroa are indeed the tall ones; they have stood tall throughout their dealings with the Crown. They have conducted themselves with honour and dignity in even the most difficult of times.

This bill settles the Treaty grievances of Te Rōroa. The Crown formally acknowledges its breaches of the Treaty, offers an apology to Te Rōroa, and provides cultural, financial, and commercial redress. The bill therefore marks a historic point in time in the Crown - Te Roroa relationship. The people of Te Rōroa have waited a long time for today. They have been seeking redress for the Crown’s breaches of the Treaty since at least 1861. In the 1980s they took their claim to the tribunal, and I acknowledge the efforts of all those of Te Rōroa who went before the tribunal—in particular, Ned Nathan and Emily Pāniora, two of the original Wai 38 claimants, who are no longer with us.

Te Rōroa were one of the first groups to come into Treaty settlement negotiations. It is 16 years since the Waitangi Tribunal released the Te Rōroa report in 1992, and 15 years since negotiations commenced. In 2004, after 12 years, the Crown and Te Rōroa signed an agreement in principle, and in December 2005 Te Rōroa and the Crown signed the deed of settlement. In late 2005 the Te Rōroa people also ratified the governance entity, Te Rōroa Manawhenua Trust, to receive and manage the majority of the assets. The trust was established in August 2006. A second trust has also been established, Te Rōroa Whatu Ora Trust, which has a commercial focus, and will receive and administer the commercial redress properties. The passage of the Te Roroa Claims Settlement Bill is the final step that will enable the Crown to provide settlement redress to Te Rōroa.

In this bill, the Crown acknowledges it breached the Treaty in respect of Te Rōroa. The breaches relate to the cession of land at Te Kōpuru in 1842, Crown land purchases from 1876, and the operation and impact of the native land laws. These breaches have left Te Rōroa virtually landless. In this settlement, the Crown also acknowledges that the separation of Te Rōroa people from their wāhi tapu and taonga has been a source of great spiritual and emotional pain for Te Rōroa. The Crown unreservedly apologises for these breaches of the Treaty.

The settlement also includes financial and commercial redress worth some $9.5 million. Te Rōroa has decided to use this redress to purchase 15 Crown-owned properties. These properties include over 3,000 hectares of commercial forest, and over 2,000 hectares of farmland and other properties. These provide a platform for Te Rōroa to pursue its economic aspirations.

A key component of Treaty settlements is cultural redress. The settlement bill provides for the gifting by the Crown of 24 sites of cultural significance comprising an area of over 2,000 hectares. Not only is this the largest cultural redress vesting in any settlement since the Ngāi Tahu settlement but it also includes the return of two of the reserves recommended by the Waitangi Tribunal’s 1992 report, Manuwhētai and Whāngaiariki.

The Te Roroa Claims Settlement Bill also includes redress designed to strengthen the relationship between the Crown and Te Rōroa. It enables Te Rōroa to have increased input into the protection of Waipoua Forest, home to the mighty Tāne Māhuta, New Zealand’s largest kauri tree. Also underpinning this new relationship are protocols between Te Rōroa and Government departments.

This settlement does not and cannot fully compensate Te Rōroa for the losses it has suffered, either in economic or in cultural terms. No Treaty settlement is able to do that. Many of Te Rōroa’s losses relate to wāhi tapu and taonga no longer held by its people. In fact, I have heard the Te Rōroa claim described as a wāhi tapu claim, reflecting the number of significant cultural and archaeological sites across the rohe. The full force of this grief in respect of particular wāhi tapu became clear during the select committee hearings. The people of Te Rōroa talked about Kaharau, which could not be returned through the settlement, as it is currently in private ownership, and the Kohekohe taonga, which are held by the Auckland Museum. The trustees of the Te Rōroa governance entity also spoke of the financial difficulty facing Te Rōroa in acquiring properties available for purchase under the right of deferred selection provided for in the settlement.

The Government has taken steps, working with Te Rōroa and other political parties, to find solutions to these issues that benefit everyone’s interests. These proposals were largely outside the Treaty settlement process, and have not required any amendment to this bill. I am confident that these measures will further strengthen the durability of the settlement. Its enactment is a historic milestone. It is also an important step in the country’s progress towards settling all historical claims, and is the third settlement to reach the final stage of legislation today.

Many people contributed to this settlement over the years. I acknowledge the contribution made by the first Minister in charge of Treaty of Waitangi Negotiations to enter into these discussions during the early stages of negotiations, Sir Doug Graham; Margaret Wilson, who renewed negotiations when they had stalled; Mark Burton, who negotiated and signed the deed of settlement on behalf of the Crown; the Minister of Māori Affairs, who continues to bully me along into these settlements; the Minister of Conservation; the Minister for Land Information; and the Associate Minister of Finance. I also acknowledge the valuable support of my Associate Ministers, Mita Ririnui and Shane Jones—who has taken a particular and close interest in this particular settlement—and the work of many Government departments that have been involved.

The heart of the Te Rōroa rohe is the Waipoua Forest, home of the kauri tree. My hope for Te Rōroa is that this settlement is like a kauri seedling, starting small and growing perhaps slowly, but in the years to come growing into a tall and mighty tree and providing a canopy of shelter for those around it. I am certain that with the benefit of Te Rōroa’s leadership and the revitalisation of its mana and identity, future generations in Northland and throughout New Zealand will receive a strong and enduring legacy from this settlement. I commend the bill to the House.

CHRISTOPHER FINLAYSON (National) Link to this

Mr Deputy Speaker, may I begin my third reading speech on the Te Roroa Claims Settlement Bill by wishing you all the best. I was very interested in all of your speech last night, but particularly in the part about your youth spent growing up in this area, the rohe of Te Rōroa. I thank you for your friendship and guidance over the years, and I wish you all the best.

National will support the third reading of this bill, which has had a somewhat difficult legislative history. It was introduced on 14 February 2007, and had its first reading on 1 March 2007. The Māori Affairs Committee hearing was held in Dargaville shortly before Easter last year. The bill was reported back in May 2007, had its second reading on 20 June 2007, and thereafter it languished for quite some time, before the Committee stage was completed a few days ago. Now we are at the third reading.

The select committee hearings in Dargaville will stay with me for some time. Many of the members who sat on the select committee were a little uneasy after the hearing, and thought that something was not quite right. We expressed our concerns, but we are now satisfied that our concerns have been addressed as a result of movement over the last little period. That movement, which was referred to by the Minister in charge of Treaty of Waitangi Negotiations, involves components that do not form part of the Treaty settlement and do not necessitate an amendment to the bill. We are now aware of those components and happy with them. The acceptance by Te Rōroa has meant the Committee stage and third reading of the bill can now proceed. We were not consulted on these matters. We have had to make our own inquiries, and that is all part of the game, I suppose. It would have been helpful to be consulted, especially as we take the view that Treaty settlements should not be a matter of partisan discord. But having made those inquiries and heard what the Associate Minister told us in the Committee stage, we believe it is right and proper to support the third reading of this bill.

We know that some residual differences may remain. To ignore them would be naive, but it is my earnest hope that those differences will now disappear, and that before long the good people of Te Rōroa will move forward as one. I strongly believe it is in the interests of Te Rōroa that this bill now proceeds to a third reading.

These settlement bills and tribunal reports always make very interesting reading, and the preamble to this bill tells a very, very sad story. The Minister referred to the fact that the claim to the Waitangi Tribunal was Wai 38. I recall, because it is etched in my brain, that Wai 27 was the Ngāi Tahu claim, and that was settled a decade ago. This one, as the Minister said, was reported on in May 1992, and it has been around for a long time. It was a very early claim. The tribunal’s report was quite devastating. As the Minister said, there has now been a great deal of negotiation on the claim, involving the previous National Government and, particularly, Sir Douglas Graham, and the three Ministers in charge of Treaty of Waitangi Negotiations in this Government. The National Party endorses what the Minister said, and says the time has come for this iwi to have the fruits of its settlement and move on. We believe this is a good settlement, and it is in the interests of the iwi that the third reading if this bill takes place.

I offer my congratulations to all those in Te Rōroa who have fought the good fight over so many years. The Minister has referred to some of them, and I join with him in congratulating them, and also their advisers, on the good work that has been done to bring this bill to the third reading stage. As I said, National supports the third reading of this bill, and the National Party looks forward to a good, ongoing relationship with Te Rōroa in the years to come.

Hon SHANE JONES (Associate Minister in charge of Treaty of Waitangi Negotiations) Link to this

Ā, kia ora anō tātou. I te tuatahi me mihi ahau ki a koe, e kara. Me mihi ahau ki a koe i roto i te reo Māori. Me mihi hoki ki a koe i roto i tā tāua reo Tararā. I roto i te reo Māori ko te kupu, tātou tātou, i roto i te reo Tararā, kako si, vrlo dobro , tua atu i tēnā, mi treba da se udruzimo , me mahi tahi tātou, tēnā koe.

[Greetings to us once again. First, let me acknowledge you personally, dear friend, in Māori and in our Dalmatian tongue. We, as is the term in Māori and in Dalmatian,kako si, vrlo dobro, and further to that, mi treba da se udruzimo, we must work together, greetings to you.]

First, I acknowledge Mr Clem Simich, someone who shares a great deal in common with me, not the least of which is shared ancestry—from Croatian villages and islands to Māori princesses of the gumfields of Tai Tokerau. You delivered a great speech yesterday, Mr Deputy Speaker, and it is fitting that you should sit in the Chair as we attend to the final bit of business before we move this proposed legislation into law, because you referred to a small settlement known as Aranga, where our Tararā Dalmatian ancestors dug gum. That is very close to Manuwhētai and Whāngaiariki, two very historic reserves that lie in the area of Te Rōroa. So I join with everyone else who has saluted you for the quality of stewardship you have brought to the House—the friendliness and the occasional council that you have offered.

Ā, kāti e te whānau, tēnā koutou. Nau mai, haere mai i roto i tēnei rangi whakaharahara, nā, ka kite tātou i tō tātou pire e whakamanangia ana. Kua pau ngā mihi i roto i ngā tūtunga o āku hoa engāri ko tāku ki a koutou, nō koutou tēnei Whare, nā reira, tēnā koutou, tēnā tātou, kia ora tātou katoa.

[So greetings to you, the family. Welcome, welcome on this great day when we are to see our bill pass into law. My colleagues have used up thecongratulatory terms to you in their speeches, but my message to you is that this House is yours. Congratulations, well done, and thank you all.]

To the people of Te Rōroa, I say “Welcome back here.” This House is the people’s House. Today you join with us, the parliamentarians, to watch and shepherd this legislation through to a point of consummation.

Dr Cullen deserves all the acclamation he has enjoyed; this has been a long and tortuous process. I was at the Waikaraka Marae in Kaihu in 1992, with Doug Kidd, when the report was presented to the Crown. I was also at the meetings—where indeed we had Eva Rickard, lost for a day or three but attending some of the early meetings of Te Rōroa—when Lovey Te Rore, Ned Nathan, and a host of others worked with a younger generation to bed down a Waitangi Tribunal claim to recover the assets, the land, and the lost heritage of the tribe. So today Te Roroa comes and witnesses this process, and it is with a great deal of pride that Parekura Horomia and I are able to say that its farms around the Maunganui Bluff area are now available with virtually no debt. That is reflective of the stewardship that Dr Cullen and senior Ministers have been able to bring. Metiria Turei went out of her way to support that, as well.

In the Waipoua Forest there is an old taonga called the kawekaweau. I recall going to the Waipoua Forest with Rev. Māori Marsden in 1985 and meeting Raihā Pāniora, who told us the story of a lizard known to cling to the bark of the kauri tree. However, she said that once the people lost their connection with the land, as a consequence of Crown alienation, the lizard appeared to have gone forever. But I am sure that with the right karakia, the right personalities, and the good stewardship in Te Rōroa, the lizard can still be found at Kawerua, a place where our tupuna Tōhe stopped, had a great feed of pāua—before Parekura’s mātaitai permits were needed—and satisfied the people.

So with a great deal of pride, and with support from the other side of the House, let us put this chapter of Te Rōroa’s recent history behind us and teach the young people—get them to embrace not only the heritage but the obligations of growing this settlement. And with the land that comes back to us, let us make sure we do not repeat the mistakes of earlier generations in entering into deals, transactions, where they did not know quite what they were doing or where they were being taken advantage of. This land will have virtually no debt, and for that we should salute Dr Cullen. Tēnā koutou, tēnā tātou, kia ora tātou katoa.

Hon GEORGINA TE HEUHEU (National) Link to this

I take this opportunity to salute you, Mr Deputy Speaker, in your Chair, your Tūru, and repeat the sentiments expressed by the previous speaker that it is very fitting, given your whanaunga in the gallery, that you sit in the Chair for the passing into law of the Te Roroa Claims Settlement Bill.

I am very proud to take a call on the third reading of this bill. I am conscious, as is everybody in this House, of the long years that Te Rōroa have put in, and I salute Te Rōroa, who are in the gallery today: ā, ngā mihi ki a kōtou e ngā iwi, e ngā whānau o Te Roroa. I think your patience, your doggedness, your absolute humility in pursuing your settlement, yet not pushing yourselves in a way that in your view might bring discredit to yourselves has been a lesson to watch. I became acquainted more directly with your claim when I was an Associate Minister to the Hon Doug Graham and we had some meetings way back then. But, of course, as Dr Cullen has made reference to, the meetings for the settlement of your claim started much earlier, in 1992. So that is a long time, and you will have witnessed some real energy put into more recent claims that had their negotiations begin after yours, but, as I say, you have been quiet but forceful, and humble. I certainly admire the approach you have taken, and congratulate you on the passage of your legislation here today and on the fact that finally you have accepted that you can move on.

The Minister Dr Cullen traversed the additional aspects of the claim, which have been negotiated recently. National opposed the Te Roroa Claims Settlement Bill up until these new additions were brought in. We did that on the basis and on the strength of the concerns that were put to us, particularly when the select committee came to hear your submissions, but also on the basis that we knew the offer was not sufficient. In your hearts you know that what is being offered here today is but a tiny fraction of what you once had, which, hopefully, you will one day be able to build up from these small beginnings into something that is a fitting legacy for your grandchildren. In the end, I think the Government had no choice. But that is fine, because it has resulted in a settlement that Te Rōroa can accept, and which National now gladly supports. Basically, the majority of Te Rōroa says that this is finished, it is enough, and they want to move on. The claims had different aspects; we have seen a couple go through the House this morning.

Te Rōroa’s is unique. As a people, they hail from ancient beginnings. They were once proud and substantial people living on land that they owned, yet quite soon after their rangatira signed the Treaty they found themselves slowly but surely dispossessed of that which was theirs. Today we are here to celebrate, and to congratulate Te Rōroa. We can feel pleased and we can feel proud that we have a process in place that restores to them some of that which was taken from them.

This claim relates to breaches by the Crown of its obligations under the Treaty—obviously, it is a Treaty settlement claim. The breaches include the cession of land at Te Kōpuru in 1842, Crown land purchases from 1876, and the operation and impacts of the Māori Land Court, the institution that we as Māori love so much! Thankfully, in the 21st century it is easy to look back and see how and why things went wrong. The upside of it all is that in the 21st century our generation has been given the marvellous opportunity to right those things that for so long have been a blot on our historical landscape.

Te Rōroa have travelled a long road to have these claims addressed by the Government. They have sought redress on a number of issues. They have a package here today and hopefully—as I have already expressed—though it is small, with the leadership and the love for their own and for others that they have shown, particularly in these last 15 years, they will be able to grow it. In any event, they have decided—as the Crown did by making this additional offer—that it is time to recognise properly their situation and give them a basis on which to move forward. As hard and as difficult as these last 15 years and indeed all of the previous decades have been, I always think that the hardest part comes when the settlement bill passes into law. Then Te Rōroa will have to demonstrate further responsibility and leadership for their people, their mokopuna, and those still to come—the future generations. But what a good position to be in! Their tūpuna looking down will feel much pleased for this day, and no doubt are egging Te Rōroa on to succeed.

For us in this Parliament—I have said this many times but I feel it is important to repeat it every time because Te Rōroa’s settlement is important to them—it is a privilege to be a parliamentarian in this House at this time. Today we are dealing with five settlements and it is a proud moment—certainly for Māori MPs, and, I am sure, for all our colleagues across the House, as well. Mr Deputy Speaker, in your valedictory speech you made reference to your birth and upbringing in the places that Te Rōroa hail from. That was enlightening for those of us who did not know the detail of your upbringing. It is rather fitting that you preside at a time when this bill passes into law. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

PITA PARAONE (NZ First) Link to this

Tēnā koe, Mr Deputy Speaker; engari i mua i te haere tonu ka huri aku mihi ki a koutou mai i te hau kāinga o Te Rōroa kua tae mai nei i runga i te kaupapa i hakahuihuingia i a tātou i roto i te Whare nei, arā, ko te wāhanga mutunga, kia hakaturengia tēnei pire. I kite anō au i a koutou i tēnei wā, ka hoki mahara ki tēnā o ngā mātua, ngā whaea ko rātou i ngaro atu ki te tirohanga kanohi. Nā ko te matua a Lovey tēnā me Ned tēnā, me ērā atu o ngā whaea karanga maha. Kāhore kau kē kei waenganui tonu i a tātou i te rā nei ā-tinana engari, mōhio ana au kei konei rātou ā-wairua. Tua atu i tēnā, kei te mihi hoki ki tēnā o ngā whanaunga e noho tonu ki te wā kāinga, e are taringa mai, tēnā pea e mātakitaki hoki, tēnā koutou, tēnā koutou, ā, tēnā koutou katoa.

[Greetings to you, Mr Deputy Speaker; but before I continue, I turn to acknowledge those from home, from Te Rōroa, who have arrived here in respect of the matter that has brought us here in the House today, the final reading of the bill that will pass into law. As I see you again today, my thoughts go back to those fathers and mothers who have passed away, such as Lovey, Ned, and a host of others. Although they are not here physically in our midst today, I know for sure that they are present spiritually. Further to that, I want to also acknowledge those relatives left at home who might be listening in or watching, so greetings to you, greetings to you, and greetings to us all.]

Before I proceed with my speech, I again declare a vested interest in the Te Roroa Claims Settlement Bill by virtue of my whakapapa, which links me to Te Rōroa. Although that may be insignificant to some members of this House, concerns have been expressed by people who represent organisations outside this House about my right to participate in the process that has seen this particular bill come to the stage where it is at today. I reaffirm to Te Rōroa and my fellow members that, in spite of that interest—that whanaungatanga—I do not qualify to be a beneficiary of this settlement.

This settlement has been through a long process before coming to this House today. That is an indication of just how long the people of Te Rōroa have travelled to be able to get a settlement that is something near to what they would like to see. Some people have described this settlement as the wāhi tapu settlement, because of the extreme interest that Te Rōroa place on the land areas included in this settlement that are sacred to them. I ought to say at this time that I know there are other claimants whose own claims encompass much of the area that this particular settlement is all about. I refer to Wai 549, in the name of Rudy Taylor, representing the Hokianga hapū and whānau collective. That is not an issue for Te Rōroa; that will be an issue between that collective and the Crown.

One of the comments made during an early Treaty settlement bill discussed by this House was about uniqueness. For me, what is unique about this bill is the fact that the original report from the tribunal, in hearing evidence about this particular claim, led to a change in the legislation affecting land in private ownership. If my memory serves me correctly, the original report by the tribunal recommended the return of certain land that was, at the time, held in private ownership. It is that aspect of the history of this settlement that I want to refer to.

The reference I make is that people who held ownership of some of the land that is encompassed within this settlement have, during the course of this bill making its way through the House, made derogatory comments to me and about me, in terms of whether I and the party I represent in this House—New Zealand First—thought that this would be a fair and an enduring settlement, because of the position taken by the Crown in acquiring certain land that was once in private ownership. The question they asked was whether this settlement would be an enduring one. My response to that concern is that that is a matter between those people and the Crown, not between the Crown and Te Rōroa. I assure the people of Te Rōroa that once this third reading is completed, they can depart this House knowing full well that they have received a full and final settlement from the Crown. I hope that it addresses many of the concerns that they had during the process of this bill making its way through the House.

I know that in all settlements there will always be differences of opinion. There will always be people who oppose or resist any suggestion as to how a settlement should take place. There will always be people who question the quantum. One of the things I have observed that has been different about this particular settlement is that even the negotiators mandated by their iwi had points of difference; I understand that one negotiator actually withdrew from the whole process. I suppose we should not be too surprised about differences of opinion as to the quantum and what should be provided in terms of redress, whether it be cultural or commercial redress. But I notice that the bill provides for protocols that will allow communication and dealings between Te Rōroa and different Government departments. For many Māori, whether they be claimants or not, all they want is the opportunity to be part of the process of decision making. In this particular bill, like a number of bills preceding it, the issue of protocols provides that opportunity for iwi. They want to be assured that they are part of the process of discussing land interests and cultural interests that affect them, and that they will have some impact on decisions made by ministries and perhaps also by local bodies.

I conclude by again congratulating the leadership of Te Rōroa. The task has not been an easy one for them, but I am not surprised that they have been able to endure the criticism and the hardship that dealing with their own people provides. I wish them all the best. Although those leaders may feel that it has been a hard task to get to this stage, I say to them that the real job lies ahead. I conclude by saying, as I have said in relation to all settlements, that exercising leadership requires leaders to look behind themselves from time to time, to ensure that the people they purport to lead are still there.

Nā reira, aku whanaunga, ngā mātua, ngā whaea ngā mihi hoki ki a koutou. Ngā manaakitanga o Te Runga rawa kei runga i a koutou mō ngā rā kei te heke mai. Nā reira, tēnā koutou, tēnā koutou, kia ora mai anō tātou.

[Therefore, congratulations to you, my relatives, and also my fathers and mothers. May the protective mantle of the Mighty above be upon you in the days ahead. So greetings to you, greetings to you, and to us all as well.]

JEANETTE FITZSIMONS (Co-Leader—Green) Link to this

The Green Party will vote for the third reading of the Te Roroa Claims Settlement Bill. I acknowledge the tīpuna who initiated this claim, all the leadership that has carried it through, and all those who are here today to celebrate its final conclusion.

I cannot claim any whakapapa to Te Rōroa, as some others in the House here today can, but I have stood under the great Tāne Māhuta and marvelled with awe at its age and at the long sequence of history that it has observed over some 2,000 years. A few years ago I planted on my farm in Coromandel a direct descendant of Tāne Māhuta. When a friend of mine was standing underneath Tāne Māhuta, a seed floated down into her hair. She took it home, potted it up, and gave me the resulting seedling, so in a very small way I feel I have a small connection with the whenua of Te Rōroa.

This is quite a small settlement, and the Green Party has had serious concerns about the miserly quantum. At the second reading we said that land that had been stolen was not being returned. We described how the primary purpose of the 1992 Waitangi Tribunal claim by Te Rōroa and the subsequent settlement was to remedy the Crown’s failure to set aside Kaharau, Te Taraire, Manuwhētai, and Whāngaiariki from the lands that were purchased in 1875 and 1876. The iwi were consistent in their understanding that those areas were to be set aside from any sales at that time. But the Crown rejected that and would accept only that if there were “any old graves on the block a few acres surrounding them could perhaps be reserved under the provisions of The Land Act without causing any inconvenience.”, and that title would remain in the hands of the Crown. Indeed, the Kaharau block, with its very long history of dispute, was not to be returned to iwi. The Greens refused to support the progression of the bill until the Government had made further progress on this issue, because the Government simply did not consider that the return of those properties was of sufficient importance to increase the quantum.

We have not achieved an absolute return of that land yet, but the Government has been forced to take further action to better enable its return. In addition, we have made the Government take action on the return of the kōiwi that remained in the hands of strangers rather than the whānau. Although this is not perfect, we accept the progress that the Government has made. Further work is being done on the question of returning Bob’s Block along with the return of the kōiwi. We understand that the Government is to provide an ex gratia payment of $6 million to facilitate the purchase of deferred selection properties. Progress, in the usual glacial way for Treaty settlements, has been made.

It is not the Green Party practice to oppose settlements. Although we are deeply opposed to the settlement process and believe that the Government and its agencies take advantage of the vulnerability, urgency, and poverty of iwi in the negotiations, we do not believe we have a mandate to tell iwi and hapū that their work in battling these barriers is not worthy of our respect. We will support the iwi—those who have worked day and night to make some gains for their hapū. We know that this settlement will exacerbate a number of Treaty breaches and that there are those in Te Rōroa who still have some legitimate serious concerns. But some progress has been made, and we do not believe for a minute that these claims will be full and final because of the poor Government process. We know there is urgent need to access these traditional and commercial resources for the benefit of the whole iwi.

We wish Te Rōroa the best of luck with their settlement, a strong and prosperous future for their mokopuna, and congratulations on getting to this point today.

Dr PITA SHARPLES (Co-Leader—Māori Party) Link to this

Tēnā koe, Mr Deputy Speaker. Ki te iwi o Te Rōroa tēna koutou kua tae manuhiri mai ki tēnei Whare o tātau, ā, tēnā koutou, nau mai, whakapiri mai. Tautoko ana i ngā mihi ki ngā mate, ngā mea kua whakahuahuatia me ngā mate o te wā nei, otirā, o tātau katoa nei. Nā reira, tēnā koutou, nau mai whakapiri mai.

[Greetings to you, Mr Deputy Speaker, and to the people of Te Rōroa who have arrived here as guests to this House of ours, greetings to you, welcome, draw close. I endorse the tributes to the dead, those mentioned of yesteryear and of the present, indeed all of ours. So greetings to you, welcome, draw close.]

The marae at Waimamaku is called Te Whakamaharatanga, and it was built as a fitting tribute to the soldiers from south Hokianga who fought in the First and Second World Wars. Today that name may well take on a new meaning.

The story of the relationship between the proud descendants of Ngāi Tūputupuwhenua and the Crown has been charged with conflict, almost before the ink was dry on our constitutional document. We think today of the rangatira of Te Rōroa—Te Pana Ruka, Wīremu Whangaroa, Tīmoti Tākare, Hāmiora Paekoraha, and Matiu Tauhara—all of whom signed Te Tiriti o Waitangi. These tīpuna were prepared to stake their honour on an aspiration for the future; a commitment to live together in this land. Two years after that signing an area of between 6,000 and 8,000 acres of land at Te Kōpuru was ceded to the Crown. Just 2 years after the Treaty had been enacted, conflict had erupted.

The record of that first incident is as complex as any to follow over that century. Tangata whenua were concerned at the desecration of kōiwi, of human remains; an incident broke out in a local store; the land was ceded while Ngāti Whiu and Ngāti Kawa, the hapu who had customary rights in the land, were away in Hokianga; and Ngāti Kawa later protested that those who made the cession had no right to do so. This one incident contains many of the elements that would be repeated over the centuries.

Grievous harm and cultural offence is associated with the desecration of sacred burial sites. What does it do to the soul of a people when they have to endure the looting of their grave sites and the theft of their kōiwi, the human remains of their people? This is the repeated history for Te Rōroa. Many of their tapu sites passed out of Te Rōroa care in the land alienation process that started in 1875. Particular examples of desecration took place at Aratapu and Kohekohe. Taonga were also likely to have been taken from the Pīwakawaka caves. This has been one of the most painful aspects of a very painful settlement. Those taonga are sacred to the people. The reburial of kōiwi and the handing back of taonga are events of our living memory that connect us to a shameful history, a tragic past.

And so we come today to Te Rōroa to acknowledge the recognition, at last, from the Crown of a breach of the Treaty of Waitangi. We come today to acknowledge the impact that land alienation and fragmentation has had on Te Rōroa, leaving the people virtually landless. We come today to grieve with them in putting to rest the severe, heart-wrenching spiritual and emotional sense of loss in understanding the heavy toll on a people, in being separated from their wāhi tapu and taonga. We come today to meld our tears with them, ngā aureretanga o Te Rōroa—the continuous crying of Te Rōroa.

In my time, short as it has been, as the deputy chair of the Māori Affairs Committee there have been many moments of sadness as we have considered the settlement of historical claims. I acknowledge the chairmanship of Dave Hereora and I acknowledge the team, as they also felt very strongly for the people of Te Rōroa in considering this claim.

There have been other issues in this settlement that have really affected us all. The length of time that has transpired over the course of settling the grievance extends back to 1861, when Rāpana first spoke out over the cession of lands at Te Kōpuru. Te Rōroa began petitioning the Crown from the late 1870s. In 1887 Te Rōroa wrote letters and petitioned Parliament. In 1907 there was another petition, and further petitions in 1925, 1930, and 1933. Māori members of Parliament—Hone Heke, Te Rangi Hīroa, and Tau Hēnare—were approached between 1903 and 1912. And finally, 21 years ago, Te Rōroa lodged a claim with the Waitangi Tribunal. This is the history of Te Rōroa seeking redress to their land.

This Te Roroa Claims Settlement Bill today finally brings closure to a long and difficult process, but there is still the enduring pain, particularly in regard to the exclusion of Kaharau and Te Taraire. We remember back to the Tribunal report on this matter of 1992, in which Te Rōroa urged the Crown to take all steps to acquire these lands and return them to tangata whenua as hapū estates. That is the Tribunal report.

In the submission received from Will Ngākuru, we were told that although the Crown claims to be interested in having a “full and final settlement”, for members of Te Rōroa and descendants of Ngākuru Pana, peace will never prevail until their burial places of Kaharau and Te Taraire are returned, as was the wish of their tīpuna. These sites of such sacred significance were never sold. It was always our contention that they needed to be included in the cultural redress provisions of the bill—either the Crown should purchase the lands or it should fund their purchase by Te Rōroa.

Although we acknowledge the sizable increase in the quantum, we are disappointed that it is still inadequate to purchase either Kaharau or Te Taraire, or to ensure future financial security for Te Rōroa. But I must acknowledge Dr Cullen and the team for extending the $9.5 million, with an ex-gratia payment of $6.5 million added to that.

If we as a Parliament are to invest in the durability of any settlement, then we must invest in the wishes and aspirations of the people. I understand there are ongoing discussions with Te Rōroa about the possibilities of Kaharau and Te Taraire being included, and I understand that Parekura Horomia, the Minister of Māori Affairs, has had something to do with this.

There are many longstanding issues of injustice in this settlement. The treatment of waka tūpāpaku and kōiwi has been found wanting. Dr Cullen explained many of those injustices earlier on. As with other settlements, the internal conflicts and division that have occurred through the passage of this settlement have been damaging to the spirit of the people who are so proud to be Te Rōroa. Throughout it all, these people—the tall ones, Te Rōroa—have stood proud in their whakapapa, passionate to defend the legacy of their tīpuna.

We in the Māori Party acknowledge the sacrifice and the dedication of all the people who have fought and who have kept on fighting to protect the honour of Te Rōroa. I say to Te Rōroa that we acknowledge them. Ka mihi atu ki a koutou mō ō koutou kaha, mō ō koutou māia kia taea tonu tēnei kerēme. Tēnā koutou.

[I acknowledge you and your efforts, and capability to get this claim through. Well done.]

Te Rōroa can be proud of their longstanding determination and of the efforts and struggles of their tīpuna and their young ones alike to restore peace and enduring justice for their people. This is a day to remember, he rā whakamaharatanga. Thank you, Mr Deputy Speaker. Kia ora.

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

I stand on behalf of United Future to speak in support of the Te Roroa Claims Settlement Bill, which resolves a wide range of issues that Te Rōroa have sought redress on since 1861. This bill acknowledges clear breaches of the Treaty, including very poor process and clear alienation from lands and resources. The bill acknowledges the effect of those breaches over time on the people of Te Rōroa and, to ensure that those acknowledgments are not glossed over, the redress includes an agreed-upon historical account. There is financial and commercial redress, and rights of deferred selection and rights of first refusal are included in terms of future provisions. United Future congratulates the Crown and the iwi negotiators. We recognise that time and circumstances have seen much land in private ownership unable to be included. We wish Te Rōroa well with the new beginning that today signals. We are very, very happy to support this third reading.

Hon TAU HENARE (National) Link to this

I want to echo Shane Jones’ kōrero about how significant it is that you, Mr Deputy Speaker, are in the Chair when we are passing the third reading of the Te Rōroa Claims Settlement Bill.

I start my comments on the bill by saying “Not enough, not enough, not enough”. It is pathetic, and I do not mean that as a shot at the Minister in charge of Treaty of Waitangi Negotiations, the Deputy Prime Minister. I say that because this bill addresses one of the most shameful acts that any Government has put across a people—that is, the continued desecration of a small but proud people. Again, I do not refer to the current Government. In fact, this House has gone some way to putting right the wrongs of former Governments.

I feel rather proud that I can stand in the House and speak on this bill, because my great-grandfather was part of the triumvirate of members of Parliament back in the days that took on board what had happened to Te Rōroa. The funny thing is that in 1993, when I took up my spot in the House of Representatives, for the next 3 years I was inundated with faxes and letters from Ngāpuhi saying: “Those fellows aren’t Te Rōroa. They’re just a little offshoot of Ngāpuhi.” I will not name those people, but they know who they are. I congratulate those who are left from Te Rōroa on sticking it out and going the extra mile.

This bill is not about only Te Rōroa. In the history of New Zealand, in a hundred years’ time, people will look back on Te Rōroa and the settlement, and they will think: “Allan Titford”. I want to bring up the issue of Allan Titford, because it is important to the whole story of Te Rōroa that we do not forget that there is still bitterness out there over this settlement, and it is not felt only by some of the whānau. It is also felt by Pākehā people who have been involved in the area. I just say to Te Rōroa: “Go well!” Hopefully, they can smooth the rough edges that, unfortunately, the Government has left them. We will try our best to smooth some of them, as well.

There has been mention of Waimamaku. I cannot stand here and not mention the first time I went to Waimamaku. I was working with the Department of Internal Affairs as a community development adviser, and the people from Waimamaku had put in an application to the Lottery Grants Board to get some funds for the marae. I went up there and met with Whetū Naera and the folk up there, and I wrote a report saying that they should get a grant of millions and millions of dollars for their marae. Whether they were successful, who knows?

There is an issue, dear to my heart, that arises out of the process with the bill, and that is the repatriation of taonga, whether repatriated from overseas or from within our shores. I must say it should not be a case of finders keepers, losers weepers. It should not be that simple, especially when we are talking about kōiwi tūpuna taonga. Which one of us in this House would like to see our grandmother and grandfather sitting on somebody else’s mantelpiece? That is how I equate it. Surely we have to do a hell of a lot more than we have been doing to repatriate those taonga into the proper ownership, the hands of those from whom those taonga have been taken.

The other significant issue was the Aranga farms issue—the Allan Titford issue—and out of that issue came the decree that no private land would or could be used in the settlement of Treaty claims. So, good or bad, that is what came out of that issue. I am disappointed that we could not get the return of the taonga in question, and I know that everybody who comes back to the House after November will try, in their role as parliamentarians, to make sure they get those taonga returned.

I want to, I suppose, apologise to Te Rōroa and my apology is this: “We have given you so little, I do not expect miracles. We have given you so little to work with, it is a wonder that any good will come of it.” I sincerely mean that, and it is not because of Te Rōroa; it is because of us. I am still shocked and shamed by what we have been able to do for Te Rōroa. They have been waiting 15 to 16 years for a settlement bill, only to get $9 million in today’s money. That would most probably be the yearly salary of somebody from AIG or Lehman Brothers Bank.

I notice that there is a 13-page preamble to the bill, and it tells the story, however briefly, of Te Rōroa. Maybe in the future we can gather up all our Treaty settlement bills and look at all the history that has been written in those preambles, and maybe we can bind them and use them for the history lessons that we should be teaching our kids in mainstream education and kura kaupapa.

I want to end by again saying that the Māori Affairs Committee did its job wonderfully well, under the good stewardship of Dave Hereora. We travelled to Dargaville, and I have to say that when we go through the select committee process and hear submissions, there is always one that stands out. There is always one submission that really knocks us off our seats. A guy came up to the select committee table with a little tree, and I thought that it was a gift for us, as a select committee. I will not mention any names.