Third Readings

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

I move, That the Maniapoto Maori Trust Board Amendment Bill, the Maori Trust Boards Amendment Bill, the Treaty of Waitangi Amendment Bill (No 2), and the Te Ture Whenua Maori Amendment Bill (No 3)/Maori Land Amendment Bill (No 3) be now read a third time.

E tika ake anō i runga i te tū nei ki te mihi kau anō i a koutou mai i te wāhi o Tūwharetoa i te Roto o Taupō-nui-aTia me a koutou o te wāhi o Maniapoto, tēnā koutou nau mai, hara mai. Te Arikinui o Tūwharetoa e mihi kau ana. Ki a koutou katoa ngā pakeke, nau mai, hara mai ki te wāhi nei.

Hon GEORGINA TE HEUHEU (National) Link to this

Ā, tēnā koutou ngā rangatira e huihui mai nei i tēnei Whare, i tēnei rā. Tēnā koutou, tēnā tātou katoa.

[And to you the leaders gathered here in this House today, greetings to you and to us all.]

I am pleased to stand and speak on the third readings of the four bills that the Minister has named. I am pleased to do so for the reason that the changes proposed in all the bills are sensible, so there is agreement across the House, I would imagine, for all of them. They stand in stark contrast to another bill before this House, which is currently before the Māori Affairs Committee—namely, the Waka Umanga (Māori Corporations) Bill, for which the committee can find no support whatsoever. So on this particular day, in respect of these four bills, I am happy to say that the National Party supports them and acknowledges the changes that have been brought forward in them as being sensible and, especially regarding the Tūwharetoa iwi and Maniapoto, as aiding the business of those tribes and the efficient administration of assets and so on. Yes, it is good to stand and be in agreement with these measures and to not find a reason to be ticking the Minister off. As I said, it will be a different story when we come to one or two other bills that are coming down the track.

As has been mentioned, several changes are proposed, and I will mention only three or four of them. In terms of the changes to the Maniapoto Maori Trust Board Act, I say that there is a name change, which the Minister referred to, for the Maniapoto council of elders, and that, of course, is something it requested. The council felt that the name it has been using was inappropriate, and it now wishes to be known as Te Kaumātua Kaunihera o Maniapoto. Of course, we are very happy in the House to accede to that request if it makes sense to the council. The change appears to make sense for the efficient functioning of the council’s business, so of course we support it.

In terms of another change I want to mention, which is the establishment of a new Maniapoto regional management committee, I say that there was a line of inquiry that the Māori Affairs Committee requested Te Puni Kōkiri to make in terms of an objection to what has been proposed here, but that issue has been cleared up. I am also pleased to get the Minister’s confirmation that there is nothing that redefines the tribal boundaries for any Maniapoto interest in the area. This proposal deals with the request of five Kāwhia Harbour marae to come together as a separate regional management committee that will represent them on the Maniapoto Maori Trust Board, due to their close geographic proximity, a shared concern for the Kāwhia Harbour region, and a desire to influence decisions pertaining to their area. It is a very sensible proposal, and, yes, we are very pleased to transition that change in order to enable those desires to be given effect to.

I turn to the changes that impact on the Tuwharetoa Maori Trust Board, and I acknowledge that that board represents my own people. I do want to express a commendation to the Government for proposing and effecting the changes here, because, quite frankly, it is nearly a decade now since an agreement with the Crown vested the lake in the tribe way back in the early 1990s, and it is, I think, proper and satisfying for the trust board to see that matters that were left over from that vesting are now taken care of in the current legislation. The settlement that was signed in September 2007 gives effect to changes to the annual payment made by the Crown to the Tuwharetoa Maori Trust Board and takes care of various revenue-sharing agreements also reached between the Crown and the Tuwharetoa Maori Trust Board.

I should state that there is a particular interest for me in this matter; some might say it is a conflict of interest. I am a beneficiary of that trust board, but as I am a mature beneficiary I would hope that the board, in relation to all the benefits that will flow to it now, will look to focus those on the younger members of our tribe, because that is what makes sense. But, in any event, as I said I still take my right to make some comments about this legislation, because the fundamental importance of it is that it underpins a positive and robust relationship with the Crown. After all, that is what a lot of these engagements, these settlements, these agreements with the Crown are all about, which is where the relationship should have been way back when the Treaty was signed. The Treaty set down a blueprint for both the Crown and Māori going forward. It has had its hiccups. Fortunately, in our time we have been given the opportunity to make amends for some of the things that happened then, and to put the building blocks in place to put the various iwi of the motu on the right path.

So this legislation is fundamentally about a relationship. It is a strong relationship. Like all of the iwi in their areas, Tūwharetoa plays a major role in the community and its economy. The same goes for Maniapoto and other iwi, as well. That role and the prominence of Māori issues as we go forward are real and significant. In my view it is a positive challenge for future Governments to properly manage the expectations and the prominence of iwi Māori as those perspectives reshape New Zealand society. That is the challenge before us as parliamentarians, and it is why the kind of legislation we are seeing go through the House this afternoon is so important.

Lastly, I wish to comment on the changes to the Treaty of Waitangi Act 1975. Yes, the Minister is right to take credit for the fact that the Waitangi Tribunal’s membership is to increase. But as I have said in this House many, many times before—and this comes from firsthand experience of sitting on that tribunal—unless the resources are available to support the increase in the membership of the tribunal, then all that the Minister says is like hot air. There has been very little support for the tribunal in the last 9 years since this Government came into power. It is all very well for the Minister to talk about a 2020 conclusion date, but the tribunal has to be resourced properly so that it can complete its part of the process to enable the Crown to negotiate settlements with the various iwi. A proper change needs to be made, and if the Government does not resource it, then National will when it comes into Government in a few months’ time.

I commend the Minister for bringing this legislation to the House. He has had a flurry of activity in the last 2 years. I have been sitting on the Māori Affairs Committee as an Opposition member since 1999. We have waited patiently for the Minister to propose something new for Māori people. Finally, in his eighth year he is bringing legislation to the House. Some of it is good and some of it is not so good. We will deal with the not so good legislation down the line, but this afternoon we are very pleased to support these changes and to acknowledge the iwi who are sitting in the gallery.

PITA PARAONE (NZ First) Link to this

Tēnā koe Mr Deputy Speaker. Ko te mea tuatahi, e tika ana kia tū tēnei ki te tautoko i ngā mihi i mihingia ki tēnā o waku tuakana, ki a koutou o Ngāti Tūwharetoa me Ngāti Maniapoto hoki. Tino koa te hari o te ngākau ki te kite atu i a koutou i roto i te Whare nei ki te hakarongo, ki te mātakitaki mai i te urunga mai o ēnei pire, kia turengia, e pā ana ki a koutou, puta noa ki te iwi Māori whānui. Nā reira, tēnā koutou.

[Greetings to you, Mr Deputy Speaker. It is fitting in the first instance that I stand and endorse the salutations extended to that one of my elder statesmen, and to those of you as well of Ngāti Tūwharetoa and Ngāti Maniapoto. How pleasing it is to see you in this House listening to and witnessing the passing of these bills into law that relate not only to you specifically but also to Māoridom at large. So, greetings to you.]

I have just supported the expression of sentiments of welcome to our visitors from Ngāti Maniapoto and Tūwharetoa. This afternoon they will witness the passing of the legislation that affects both them and Māori in general. But before I carry on I take this opportunity to say to you personally, Mr Deputy Speaker, and with due respect, that although I acknowledge the decision you have made in terms of your long-term future relationship with this House, it has always been a real pleasure to stand in this House when you have presided over its proceedings. I thank you for your dignity and for the control you have exercised in the course of your time in the Chair.

The bills we are talking about this afternoon had their genesis in the Māori Purposes Bill (No 2). As we know, the Māori Purposes Bill (No 2) was an opportunity for the Minister to make minor amendments in regards to various legislation affecting Māori affairs. Amendments to that legislation were suggested to the Maniapoto Maori Trust Board Act, the Maori Trust Boards Act, the Treaty of Waitangi Act, and Te Ture Whenua Maori Act. I ought to say that the original bill included some other amendments, but it was the view of the Māori Affairs Committee that those amendments required a separate bill outside of this Māori Purposes Bill, and they will be dealt with at a later time.

I want to touch on the bills that are the subject of the debate this afternoon. First, I refer to the Maniapoto Maori Trust Board Amendment Bill. This bill has the support of the Maniapoto Maori Trust Board. It allows for the renaming of the council of elders from Te Mauri o Maniapoto to Te Kaumātua Kaunihera o Maniapoto. That is a simple amendment that should not attract any dissent from anyone in this House. Why? The reason is that the people requested the change. They wanted it and it is important to them, so why not support that request? However, the Māori Affairs Committee was approached by some people representing Te Rūnanganui o Ngāti Hikairo, who believed that the proposed membership and authority of the Maniapoto Maori Trust Board would impact on the boundary of the iwi. I reassure those submitters that the Maniapoto Maori Trust Board Amendment Bill does not do that. Any change to an iwi’s boundary must be the prerogative of the people themselves, and not this House. I give that reassurance to those people.

In addition, the bill received support from representatives of the different marae that Te Rūnanganui o Ngāti Hikairo purports to represent. The marae were represented by their chairpersons, together with respected elders. They supported the proposal in the bill. It will give those five marae representation in terms of the regional management of Kāwhia Harbour. It assures them of that voice. As a result, New Zealand First supports the passing of the Maniapoto Maori Trust Board Bill.

I turn to the Māori Trust Boards Amendment Bill, which impacts on the iwi of Tūwharetoa. I am glad that this bill makes the annual payments payable to Tūwharetoa commensurate with present-day costs. It is for too long that agreements, particularly long-term agreements, between Māori and the Crown have not kept up with the rate of inflation. The bill addresses that issue, and I thank the Minister for bringing it to the House.

The bill also allows for the recognition of young people—that is, people from the age of 18—to be able to participate in the democratic process in the selection of their boards. As the Minister quite rightly pointed out, the future leadership of Māori lies in the hands of their young people. The leadership of Māoridom is changing. The type of leadership that people of my age group once recognised, where there was one titular head, is long gone. However, there are two tribes in which there is no doubt as to the titular head. But where I come from, my subtribe Ngāti Hine, we have a saying: “Ngāti Hine, pukepuke rau.”

Hon TAU HENARE (National) Link to this

I too want to, in the first instance, turn my head to those in the gallery and welcome them here today—amongst a flurry of activity out of the Minister’s office. But let us cut to the chase. The Minister said that this is the second Māori Purposes Bill since 2006, but there was no mention of the fact that he took over the job in 1999 or 2000. There was no mention that he has been in the job some 8-odd years.

Although we are feeling very proud of ourselves because we have done these things, let us not forget that they are only small amendments. They mean a lot to the people out in our community but they should have been done a long time ago, and they should not have been put in legislation that is, essentially, wash-up legislation. Personally, I am affronted that the only Māori purposes legislation to hit this floor in the last 3 or 4 years is wash-up legislation. Why was the Maniapoto Maori Trust Board Amendment Bill not a separate bill with its own mana? Why was the issue of Tūwharetoa not dealt with in its own bill with its own mana?

I say—and I echo some of the comments that have been made in the House this evening—the Maniapoto Maori Trust Board Amendment Bill is not, never has been, and never will be about a boundary grab as some out in the Maniapoto territory would have us believe. Purely and simply it is an amendment to recognise the work being carried out there by some pretty capable people. I might add that it brings me to the issue of recognition of iwi. If iwi want to have their own encompassing way of doing their own business, then National will not stand in the way of iwi going about their business in their way—instead of the paternalistic and patronising manner that this Government is about to foist upon Maoridom with the Waka Umanga (Māori Corporations) Bill.

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

Tēnā koe, Mr Deputy Speaker. First of all, I acknowledge the Government for allowing me to jump the queue and get back to my students.

Ā, kei konei ētahi o ngā iwi koneke, nā reira, Ngāti Tūwharetoa, Ngāti Maniapoto, Ngāti Hikairo me ngā kārangarangatanga maha i waenganui i a tātau i tēnei rangi, tēnei au e mihi atu ki a kōtou kua hara mai nei ki rō Whare i te rā nei. Tēnā koutou.

[Yes, there are some tribal figureheads here, so to you, Ngāti Tūwharetoa, Ngāti Maniapoto, Ngāti Hikairo, and the many callings in our midst today, I acknowledge your presence here in the House; greetings.]

I welcome our people here, to this Whare. They have come, not because they are lawbreakers; they have come as lawmakers. Their physical presence is a sign of their commitment to working with the process to make a difference. I am reminded that 140 years ago a man of Ngāi Te Ruruku, Ngāti Matepū and Ngāti Pārua stood in this House as the first Māori member of Parliament to speak. My tipuna, Tāreha te Moananui, in his opening address, urged the Government to enact wise laws to promote good, and for Māori and Pākehā to work together. The various whānau, hapū, and iwi who stand to be most affected by the undertakings of this legislation that is gathered under the concept of Māori purposes are still urging the Government to enact wise laws to promote good.

In the case of this Māori purposes legislation, we recognise there are many positive enhancements to administrative arrangements included in the series of bills. We do, of course, support the proposal to confirm a consistent minimum voting age of 18 years, as proposed in the Maori Trust Boards Amendment Bill. In the second reading of the bill we raised the facts around the demographics of the Māori population, namely that 46 percent of our population is under 19 years of age. In light of this fact, and considering the value of consistency with other legislative and statutory provisions around age, we are very happy to support the amendment to specify a new minimum voting age of 18 years.

Another element within the series of four bills is the important developments that have emerged from years—indeed decades—of negotiation between the Crown and the Tuwharetoa Maori Trust Board. This amendment reflects part of the compensation due to the Tuwharetoa Maori Trust Board in settlement of the trust board’s property rights in Lake Taupō. It sets in place a process by which the board, as the owner of the bed of Lake Taupō, is able to license and charge other commercial users, including those wanting to erect new jetties or structures. The Māori Party takes this opportunity to congratulate Tūwharetoa and commend them for their endurance in the journey towards self-determination, and we do, of course, look forward to their further success in the future as they come back to the Crown to establish their rights of ownership of not just the space above the water but of the water itself.

Another major feature of this legislation that we support is the proposal to amend the Treaty of Waitangi Act 1975 to increase the statutory cap on the membership of the Waitangi Tribunal from 16 to 20. Indeed, this is a specific proposal that derives its source from our 2007 Budget recommendation to enhance the role of the Waitangi Tribunal so that it can deal with claims more speedily. The Māori Party has actively advocated for the tribunal to be resourced sufficiently so it can work full time. We appreciate the response that the Government has made to our proposal and welcome the improvements that will arise. It would almost appear that the challenge of my ancestor, Tāreha te Moananui, “to enact wise laws to promote good”, is finally being taken up.

However, there is the matter of Mōkai Kāinga. According to Ngāti Hikairo, the legislation as it stands includes a proposal that will have a direct impact on their traditional tribal boundaries. Tony Spelman, spokesperson for Ngāti Hikairo, advised the Māori Affairs Committee that the legislation would have the effect of extending Ngāti Maniapoto authority into its area without any reference to the mana whenua rights of Ngāti Hikairo. There was concern that the groups that Te Puni Kōkiri had consulted on this matter were the Maniapoto Maori Trust Board and Mōkai Kāinga marae. The advice they fed back to the select committee was therefore limited in excluding Te Rūnanganui o Ngāti Hikairo from its report.

As deputy chair of the Māori Affairs Committee, I was always concerned that we had a quality of information available from Te Runanganui o Ngāti Hikairo and Ngāti Maniapoto in order to assist in our deliberations. We were pleased when Te Runanganui o Ngāti Nikairo and Ngā Tai o Kāwhia came forward with a proposal to address their concerns by means of a simple insertion within the bill. The suggestion was that the bill recognise “that Ngāti Hikairo, through Te Rūnanganui o Ngāti Hikairo, exercises a mana whenua relationship within the Kāwhia rohe, and that nothing in this bill shall be interpreted as diminishing their mana whenua status in that rohe.”

We have learnt also that Ngāti Hikairo are committed to working with Ngā Tai o Kāwhia, the regional management committee established under this bill, to ensure that how it will all work in practice will not diminish their mana whenua. The Minister has assured us that there was no intention to redefine the boundaries of Ngāti Hikairo. However, a Minister’s intentions and the actual interpretation of the law can be vastly different things, and if the law this bill sets in place does not in practice represent a wise law to promote the collective good, then it would be appropriate that the amendment suggested by Ngāti Hikairo and Ngā Tai o Kāwhia return to this House.

The Māori Party is consistently overwhelmed by the willingness of whānau, hapū, and iwi to demonstrate manaakitanga—to live by time-honoured practices that reflect and respect the status of relationships with each other. We acknowledge Ngāti Maniapoto, Ngāti Hikairo, and Ngā Tai o Kāwhia for their efforts to work with the process, to do all they can to ensure their concerns are heard, and to work productively for the benefit of the Kāwhia rohe and its people. We believe that the issues between Mōkai Kāinga marae, between Ngāti Hikairo and Ngāti Maniapoto, belong with the people themselves. It is their authority, their mana, that will ultimately sort any unresolved issues through. Kei a koutou te tikanga.

Finally, it would be extremely disappointing if any party chose to object to the request from the Maniapoto council of elders that their name be amended from Te Mauri o Maniapoto to Te Kaumātua Kaunihera o Maniapoto. It is their prerogative and absolute right to determine the name by which they want to be called, and Parliament must honour that desire of the people.

The Māori Party has given this series of bills careful and comprehensive consideration. Although there are limitations around the coverage of the issues put forward by Ngāti Hikairo, we are satisfied that on balance there is sufficient merit throughout all the other proposals to support these bills at their third reading. In conclusion, I repeat to this House: “I te mutunga ake kei ngā iwi nei ngā tikanga. Kia ora tātou.

CHRISTOPHER FINLAYSON (National) Link to this

I think the arrangement is that the Minister of Customs wants the last word, so I will have the sentence. But before I pass sentence on this Government for its failings, I join with my colleagues in welcoming to the House the representatives of Ngāti Tūwharetoa and Ngāti Maniapoto. I mentioned during the Committee stage that Mrs te Heuheu and I had had a wonderful visit to Te Kūiti—Jim Bolger - land—to meet with representatives of the Maniapoto Maori Trust Board, and it was a very good meeting. We also had a wonderful meeting earlier in the year when five or six of us went to Taupō to meet the representatives of Ngāti Tūwharetoa. So I say “Welcome to our House.”

Tonight I intend to be reasonably brief, because I know that it is the desire of the House to vote on this legislation before six o’clock so that our visitors do not have to come down again on Tuesday. I will concentrate my comments on the amendments to the Treaty of Waitangi Act 1975. I join with the comments my learned friend Mrs te Heuheu has made about this legislation, and say that obviously we will support it because the changes are important. They are not simply schematic; they deal with a number of important issues.

The first is the amendment to clause 15, which deals with the composition of the Waitangi Tribunal. Clause 15 states: “Section 4(2)(b) is amended by omitting ‘16’ and substituting ‘20’.” The tribunal is doing a very job at the moment under the inspired leadership of His Honour Chief Judge Joe Williams, but there is much more that needs to be done. So increasing the numbers on the tribunal to 20 is a very good move. It is one that we have been advocating for some time. But, as Mrs te Heuheu said, it is not simply enough to increase the numbers to 20. The tribunal also needs good practical support. Adequate resourcing so that is can undertake its historic task is fundamentally important, and that is something the National Party will commit to.

Clause 16 is a very interesting clause. On the one hand it simply tidies up an extraordinarily complex section. Section 6 of the principal Act deals with the jurisdiction of the tribunal to consider claims, and section 6(1) is an amendment that was introduced by the Lange Labour Government in the mid-1980s. It empowered the tribunal to investigate actions of the Crown from any time on or after 6 February 1840. Of course, that is not being amended. As clause 16 provides, the amendments are to subsections (8) through to (32).

The idea, which has been expressed in some detail in the Committee stage, is to provide that instead of having to have constant amendments to section 6 as Treaty settlements are entered into and legislated, the sensible thing to do is to schedulise the various settlements. And that is exactly what is going to happen. So schedule 2 of the bill provides a schedule 3 to the Treaty of Waitangi Act 1975, and the various statutes that are referred to there will now be schedulised. We say that from a drafting point of view that is very good. My personal view is that too much legislation is unnecessarily complex and unreadable, and this change—minor in the overall scheme of things though it is in legislative terms—is none the less a good tidy up and makes section 6 of the 1975 Act read that much better.

So into the schedule go a number of subsections from various Acts, and I will refer to these briefly. The first is an amendment dealing with the Ngaa Rauru Kiitahi Claims Settlement Act 2005. This is a very interesting statute because, of the various statutes that I will refer to, it deals with a settlement that is truly unique. It was started and completed under the Clark Labour Government. All the others were either started and completed under the National Government of the 1990s or were started by the National Government and finished by the Labour Government. `

The next one is the Ngāi Tahu Claims Settlement Act 1998. That deals with a settlement—a great settlement—that was started and completed by Jim Bolger and Doug Graham. The Ngāti Awa Claims Settlement Act 2005 was started by National and finished by Labour. The Ngāti Mutunga Claims Settlement Act 2006 deals with a settlement that was started by National and finished by Labour. The Ngati Ruauni Claims Settlement Act 2003 deals with a settlement that was started by National and finished by Labour. The Ngati Tama Claims Settlement Act 2003 deals with a settlement that was started by National and finished by Labour.

The Ngāti Tūrangitukua Claims Settlement Act 1999, as the date suggests, was started and finished by National. The Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005 deals with a settlement that was started by National and finished by Labour. The Pouakani Claims Settlement Act 2000 was started by National and finished by Labour. The Te Arawa Lakes Settlement Act 2006 was started by National and finished by Labour. The Te Uri o Hau Claims Settlement Act 2002 was started by National and finished by Labour. The Waikato Raupatu Claims Settlement Act 1995 was started and finished by National.

So in recent times we have had quite a few weasel words from this Government, but that is the record. [Interruption] The member for Te Tai Tonga should reflect on the record, because the statutory record tells the truth, and the record of this Government in this area is absolutely disgusting. It is the very apotheosis of failure and Labour members should be hanging their heads in shame, because that is the record of this Government. We are the ones who have performed. Contrary to what Colin James said in the New Zealand Herald about rhetoric and about our commitment to the Treaty settlement process and so on, we are the ones who have performed. It is good to have an opportunity—

Hon NANAIA MAHUTA (Minister of Customs) Link to this

Ā, tuatahi, tino mihi rawa atu ki a koutou Ngāti Tūwharetoa tae atu ki Te Moana o Taupō-Nui-a-Tia, hoki mai ki te nehenehe, he nui ngā whanaunga. Tēnei te mihi atu ki a koutou katoa e whakarongo mai nei ki tēnei o ngā kōrero i te rā nei.

[Firstly, I really acknowledge you of Ngāti Tūwharetoa, including the Great Lake of Tia and the forest, where there are many relationships. Greetings also to all those listening in to this debate today.]

I firstly thank my colleague Mark Burton, who ceded his time to me so that I could make a small contribution. I know that, as the local MP for Taupo, he would have wanted to acknowledge the importance of what we are doing today in terms of his own electorate. He has worked tirelessly to ensure that the interests of Taupo, and, certainly, those of the Ngāti Tūwharetoa people, have been met. So I thank my colleague very much.

In the second instance I want to pick up on previous comments that, to some extent, were very uncharitable. The fact is that some of this legislation starts to advance issues that are positive for Māori—