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Whakarewarewa and Roto-a-Tamaheke Vesting Bill

In Committee

Wednesday 28 October 2009 (advance copy) Hansard source (external site)

Preamble, clauses 1 and 2, Parts 1 to 3, and schedules 1 and 2

RirinuiHon MITA RIRINUI (Labour) Link to this

I thank the Leader of the House for agreeing to have the Whakarewarewa and Roto-a-Tamaheke Vesting Bill debated as one question in the Committee stage. I also briefly acknowledge the contribution of the current Minister of Māori Affairs, the Hon Dr Pita Sharples. The fact that he decided to remain in support of the bill is quite significant. Having said that, I think that most of the acknowledgment needs to go to the previous Minister of Māori Affairs, the Hon Parekura Horomia, who took responsibility for this major project outside the Treaty settlements process and agreed to have these longstanding issues with Te Arawa and the Crown resolved. To that end, the Māori Affairs Committee also did a very, very good job in ensuring that this bill was subjected to considerable scrutiny. It ensured that everyone with an interest in the bill had the opportunity to make submissions and have their say.

The transfer of such assets is quite significant, but the assets have been held in Crown ownership for many decades. As a result, the shape of the bill required to transfer these assets is quite technical, given that the assets were held under the Reserves Act 1977. Because of that, we find a lot of technical recommendations, and technical language and discussion, around the transfer. We also have to acknowledge that for some considerable period of time, the iwi of Te Arawa have constantly protested to the Crown for a lot of their assets, or taonga, that were removed by consecutive Governments to be not only reinstated but also acknowledged in law. This is seen to be a proper move.

To that end, my contribution to this part of the debate will be around the bill’s history and the decision of the previous Labour-led Government to do the right thing and have these assets transferred back to their rightful owners. Having said that, I declare that I have a vested interest in this particular bill, and I will let other members sitting across the Chamber make their own declarations in terms of their interests in it.

Once again, I congratulate the current Minister of Māori Affairs on having the fortitude to support this bill. I understand that he has submitted Supplementary Order Paper 82 to the Committee, but members on this side of the Chamber are not concerned about the implications of that Supplementary Order Paper, because we understand that it is a necessary move—as I said before, it is a technical move—to clarify the transfer and the manner in which the reserves will be held.

We also need to acknowledge the commitment of the Te Pūmautanga o Te Arawa Trust. In the first instance, it will be responsible for the management of the assets that are to be transferred. I have no doubt that it will fulfil all the obligations that are required of it, even though the bill refers to it in only a very, very—I would not say ambiguous—low-key manner. Its role in terms of the ongoing management, and eventual subdivision, of these assets, should it decide to do that, will be a huge undertaking. I am sure that those who have a beneficial interest entitlement in the transfer of the assets will be watching those decisions very closely and also the debate on the lead-up to the decisions.

As I said, the Committee is dealing with the bill as one debate across all parts. It is not often we do that, but today it is a very good move. Members on this side are very happy with the outcome of the entire process.

I acknowledge the contribution of the previous Minister of Māori Affairs under the previous Labour-led Government—

QuinnPaul Quinn Link to this

Who was that?

RirinuiHon MITA RIRINUI Link to this

—and the current Minister of Māori Affairs, and all the support that this bill had on the Māori Affairs Committee, including from those members who continue to interject in the Committee stage although they made no substantial contribution to the consideration of this bill in the select committee. I say that the Government has a new head of wisdom in the member for Tauranga, Simon Bridges, and I am sure that with his track record he will lead them in the right direction.

SharplesHon Dr PITA SHARPLES (Minister of Māori Affairs) Link to this

I will take an early call just to explain the relationship between the parties involved in the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. First of all, I say I agree with the previous speaker, Mr Mita Ririnui, that it is good to take the bill through its remaining stages as one debate.

RirinuiHon Mita Ririnui Link to this

The honourable!

SharplesHon Dr PITA SHARPLES Link to this

I agree with the very Hon Mita Ririnui. Two of the three reserves that are being vested through this bill, the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve, were originally part of the affiliate Te Arawa iwi and hapū Treaty settlement. It was decided that Ngāti Whakauē should also receive these reserves. In order to allow that process to occur, it was decided to remove the land from any Treaty settlement.

The return of the land to the iwi is part of the ongoing initiative to strengthen the relationships between central North Island iwi and the Crown. The Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve were originally offered to Te Pūmautanga o Te Arawa as part of its Treaty settlement, as it represented the collective interests of Tūhourangi Ngāti Wāhiao. The Waitangi Tribunal recommended that Ngāti Whakauē should be included, given its interests in the Whakarewarewa Valley land. Ngāti Whakauē was not affiliated to Te Pūmautanga o Te Arawa, so an agreement was reached with Te Pūmautanga o Te Arawa to take the two reserves out of the affiliate Te Arawa iwi and hapū settlement and, together with the Southern Arikikapakapa Reserve, vest all three reserves in a joint trust.

That is the background to the bill that we have before us. In order for Te Pūmautanga o Te Arawa to fulfil its responsibilities to its affiliate members, it asked that the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve still be vested in it through the affiliate Te Arawa legislation, and then immediately on-vested in the joint trust. The agreement of Te Pūmautanga o Te Arawa was thus required for the vesting deed in this bill. So the issue of these reserves has had a long journey. It is no longer part of a claim, but is now simply part of this vesting bill.

DavisKELVIN DAVIS (Labour) Link to this

It gives me pleasure to speak in the Committee stage of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. This bill brings together a number of parcels of Māori land that had been under Crown control for a number of years, and it consolidates the land, as it rightfully should, into Māori ownership.

As my colleague Mita Ririnui did, I acknowledge the efforts of the Minister in the chair, the Hon Dr Pita Sharples, as well as the previous Labour Minister of Māori Affairs, the Hon Parekura Horomia. They have progressed the bill through to the Committee stage. I acknowledge the other members of the Māori Affairs Committee, led by Tau Henare, and also Paul Quinn and Simon Bridges. I also acknowledge these tribes that are involved: Ngāti Whakaue, Tūhourangi Ngāti Wāhiao, and Te Pūmautanga o Te Arawa. As Mita Ririnui said, this is a technical bill. It has involved a lot of discussion and talk in getting it to the Committee stage. It is a pleasure that we are almost at the point of finalising this bill and moving it into law.

For me, it is really important that not only the parcels of land we are talking about in Rotorua but also all Māori parcels of land that have been in disparate ownership are brought together so that they can be of use to their rightful owners. As I said in my first reading speech, it is important to bring this closure so that those tribes can make progress and move forward for the benefit of their people. It is also important to note that the lease of the land to Te Puia will remain in reserve status. That piece of land has significance to all of New Zealand. It is a wonderful tourist attraction and it is a showcase for Māori talent. In particular, there is a weaving institute, a Māori carving school, and the adjacent geysers.

Again, I acknowledge all the work that has been done to bring this bill to where we are at for the benefit of those tribes that we have spoken about. Thank you.

HoromiaHon PAREKURA HOROMIA (Labour—Ikaroa-Rāwhiti) Link to this

E tika ana ki te mihi atu i a koutou i tae ake ki te tautoko, otirā, i a koutou ngā mea pakeke o Te Arawa whānui. Tēnā koutou.

[It is appropriate that I acknowledge you, the elders of Te Arawa at large who have arrived in support. Greetings to you.]

Most that has needed to be said has already been said by my two colleagues. I commend the Minister of Māori Affairs for continuing with the journey and ensuring that Te Arawa people, and those iwi and hapū involved, reach the point they want to reach. Certainly, the fee simple estate is something those people will relish. It is nothing new; this has been a long, long argument and disagreement with the Crown, and putting it to rest in this fashion is most encouraging. There are issues around the arts and culture establishment Te Puia, but what needs to be commended is the way in which these have been taken forward. There were early tensions. There still is some tension, if we are honest about it, but that is for the people to fix up and put right.

The joint trust that has been established for the purpose of administering these lands is something that will have a lot of influence—that is, influence that the people did not have before. Some things related to the Conservation Act and those issues deemed to involve the periphery of the lakes and the forestry, are in a category where they cannot be put asunder, but—members should make no bones about it—this bill will give the trust and the organisation the right to determine and define what happens for their people. That is something that has been long lost. The village has always been in Māori ownership, but it is certainly important to ensure that the people have the right to have their say, and that they are not overrun by antiquated laws invoked by the local authority and the Crown.

The bill, of course, represents more than a simple land transfer from the Crown to Māori. Subject to the provisions of the Reserves Act 1977, the wider motivation for the Crown and iwi negotiators included an agreement to vest the fee simple estate in those reserved lands outside the Treaty settlement process, as the Minister himself said. By so doing, the mana of the land of the people of Ngāti Whakauē, Tūhourangi, and Ngāti Wāhiao will be recognised with a stronger relationship, which can be continued and built on.

I especially want to mention Te Pūmautanga o Te Arawa, who made a choice to mediate, and to be in the first instance the iwi to whom these lands were unloaded, but the lands will go on immediately. There is not much more that I can say about that, but it is certainly encouraging. I commend the present Minister of Māori Affairs for taking the bill through, and I thank the previous Minister of Māori Affairs very much! Kia ora tātou.

The question was put that the amendment set out on Supplementary Order Paper 82 in the name of the Hon Dr Pita Sharples to schedule 1 be agreed to.

Amendment agreed to.

Preamble, clauses 1 and 2, Parts 1 to 3, and schedules 1 and 2, as amended, agreed to.

Bill reported with amendment.

Report adopted.

Speeches

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