Nga Wai o Maniapoto (Waipa River) Bill, Ngati Porou Claims Settlement Bill, Ngāti Pāhauwera Treaty Claims Settlement Bill

Hon TARIANA TURIA (Minister for the Community and Voluntary Sector) Link to this

I move, That the Nga Wai o Maniapoto (Waipa River) Bill, the Ngati Porou Claims Settlement Bill, and the Ngāti Pāhauwera Treaty Claims Settlement Bill be now read a first time. Mai i te ūranga o te rā ki te tōnga o te rā, ki ngā iwi e toru me ō rātou take Tiriti e tū nei ki mua i te W’are Pāremata; nō reira, mai i te Waiapū ki Mōhaka w’iti atu ki te awa o Waipā, o ngā uri katoa o ēnei iwi, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[From the direction where the sun rises and sets upon the three tribes and their Treaty settlements at present before Parliament, I therefore extend salutations to all the descendants of these tribes from Waiapū to Mōhaka and across to the Waipā River. Greetings to you and to us all collectively.]

I intend to move at the appropriate time that these three bills be considered by the Māori Affairs Committee, that the committee report finally to the House on or before 30 June 2011 on the Nga Wai o Maniapoto (Waipa River) Bill and on or before 30 August 2011 on the Ngati Porou Claims Settlement Bill and the Ngāti Pāhauwera Treaty Claims Settlement Bill, and that for all three bills the committee has the authority to meet at any time while the House is sitting except during oral questions, during any evening on a day on which there has been a sitting of the House, and on a Friday in a week in which there has been a sitting of the House, and to meet outside the Wellington area during a sitting of the House, despite Standing Orders 187, 189(a), and 190(1)(b) and (c).

Today is a significant day for these three iwi. It provides an important opportunity to build for the future and move ahead. These bills represent a monumental milestone in their development. They are about mending a broken relationship and, critically, they are about agreeing to the signposts of a better future for all. The relationships that are core to the heart of Maniapoto, Ngāti Porou, and Ngāti Pāhauwera are given meaning in the agreements set forth. They will enable the iwi to grow and their future descendants to be nurtured in their heritage and their history. They provide a living, working partnership model for the benefit of their people, their rohe, and the Crown. I mihi to them all for the courage they have shown in forging a new era.

The Nga Wai o Maniapoto (Waipa River) Bill formalises the enduring relationship of Maniapoto with the Waipā River. It is a relationship that is based on profound respect and gives rise to responsibilities to protect te mana o te wai and to exercise kaitiakitanga in accordance with the long-established tikanga of Maniapoto. To Maniapoto, the Waipā is a taonga, a sacred river where the tohi rituals were performed, where the umbilical rites were observed, and where the purification rituals were undertaken. Indeed, for Maniapoto, Waipā is the river who chants her farewell to the departed ones and the river whose murmuring waters bid welcome to newborns and to visitors from afar.

Under this bill, Maniapoto achieves co-management arrangements specific to the Waipā River and its catchment. The arrangements are extended to the headwaters of the Waipā River at Pekepeke Spring in the Rangitoto Ranges. The overarching intent is to restore and maintain the quality and integrity of the waters that flow into, and form part of, the Waipā River for present and future generations, and the care and protection of the mana tuku iho o waiwaiā. Waiwaiā refers to the essence and well-being of the Waipā River. To Maniapoto, waiwaiā is the personification of the waters of the Waipā River and its enduring spiritual guardian.

The Ngā Wai o Maniapoto (Waipa River) Bill complements the Waikato River settlement with Waikato-Tainui and the Waikato River co-management deeds with Ngāti Tūw’aretoa, Raukawa, and Te Arawa River Iwi. Together, they establish a single, unified co-governance framework for both the Waipā River and the Waikato River. For these reasons, a shortened consideration of the bill is both feasible and desirable.

I now turn to the Ngati Porou Claims Settlement Bill, the second of the three bills having their first readings. The grievances of Ngāti Porou are significant and longstanding. They emerge out of the Crown’s failure to honour its Treaty promise to respect Ngāti Porou rangatiratanga over their own affairs, from Pōtikirua in the north to the mouth of the Tūranganui River in the south. The Crown imposed land tenure reform on Ngāti Porou, which deprived iwi members of collective control over their land and made it difficult to utilise their land for economic development. This has helped to make the East Coast one of the most socioeconomically deprived regions of New Zealand—a legacy that endures to this day.

Although it is not possible to fully compensate Ngāti Porou—nor, indeed, any claimant group—for the loss their people have suffered, the cultural redress in this bill seeks to recognise Ngāti Porou’s longstanding cultural and spiritual association in the region. It is both innovative and strategic. It includes the vesting of sites of cultural and historical significance, a strategic partnership over specific public conservation lands within the rohe, a financial settlement of $110 million, a commitment by the Crown and Ngāti Porou to develop a relationship accord, and much more.

Finally, I speak to the third bill having its first reading in the House today, the Ngāti Pāhauwera Treaty Claims Settlement Bill. Ngāti Pāhauwera is a confederation of hapū with historical interests in northern Hawke’s Bay. The claims of Ngāti Pāhauwera include the failure of the Crown to make sure that Ngāti Pāhauwera had sufficient lands for its future needs during the process of land alienation that began in the 1850s. By the middle of the 20th century Ngāti Pāhauwera was virtually landless, and ever since they have suffered economic, social, and cultural impoverishment. During the New Zealand Wars the Crown provided only minimal assistance to help Ngāti Pāhauwera recover from a brutal attack on their pā and kāinga, even though the area had been left virtually defenceless because Ngāti Pāhauwera warriors were away with the Crown’s forces.

The redress provided to Ngāti Pāhauwera can never compensate them for what has been lost. It is vital that the agreement reached with them, which is embodied in this bill, enhances the relationship between the Crown and Ngāti Pāhauwera into the future. The bill includes provisions that enable cultural redress to be provided for, including the vesting of Te Heru o Tūreia and 14 other cultural redress properties; the transfer of five former Wairoa District Council properties to Ngāti Pāhauwera; and redress in relation to licensed land within the Mohaka Forest. These are but a portion of the significant advances made today in their settlements.

These bills signify the closing of one door and the opening of another, leaving the door slightly ajar so that we may always remember the history that has brought us to this point. I celebrate the iwi who have done so much to create a new partnership arrangement and have invested in the potential and the challenge of leading themselves forward into the future, which is well within their reach. I consider that the Nga Wai o Maniapoto (Waipa River) Bill, the Ngati Porou Claims Settlement Bill, and the Ngāti Pāhauwera Treaty Claims Settlement Bill should therefore proceed without delay to the Māori Affairs Committee. I commend these bills to the House.

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

E tika atu ki te mihi atu i a koutou e tae kaha ki te Whare Mīere nei ki te tautokotia atu i te tīmata o te otinga o ngā kerēme. E mihi kau ana. Ki a koutou o te hau kāinga, te whānau whānui, mihi kau ana ki te maunga o Hikurangi, te awa o Waiapū me ngā hapū katoa o te rohe ō tātou, mai i Tikirau e tae kaha atu ki Te Toka-ā-Taiau. Nō reira, tēnā tātou. Nā te mea i roto i a āku e mai whatu ki te kore tae ake ngā mea pakeke pērā i a Tāme Te Maro, Tākutu Te Kapunga Matemoana Dewes, a rātou mā. E whakaaro atu i roto i a āku mō tō rātou kaha te tae ake o te ture nei i te wā nei. Nō reira, tēnā tātou.

[It is appropriate that I acknowledge you collectively who worked tirelessly to get here to the Beehive to support the start of a claims settlement process. I congratulate you. To those of you from home, the extended family, greetings are accorded to Hikurangi mountain, Waiapū River and all the subtribes of our region from Tikirau stretching staunch-like to Te Toka-ā-Taiau. So greetings to us. I am saddened by the absence of some of the elders of the ilk of Tāme Te Maro, Tākuta Te Kapunga Matemoana Dewes, and others who did not make it here. I spare a thought for their efforts that made it possible for this legislation to get here today. So acknowledgments to us.]

The Ngati Porou Claims Settlement Bill records the Crown’s acknowledgments of Treaty breaches and the apology offered by the Crown to Ngāti Porou, and it provides that the settlement of the Ngāti Porou historical claims is final. It removes the jurisdiction of judicial bodies in respect of the historical claims of Ngāti Porou or the redress provided under the deed of settlement or the Act, but not their interpretation. It deals with related issues, including consequential amendments to the Treaty of Waitangi Act 1975, the removal of certain resumptive memorials, and the modification of the rule against perpetuities.

It is important to understand that the Ngāti Porou settlement has been undertaken through a whole lot of effort. As with other settlements there are tensions at times, but Ngāti Porou have certainly done well to arrive here today. I will recognise my whanaunga Hekia Parata, who is sitting over there next to the Minister for Treaty of Waitangi Negotiations. I recognise the Minister for the effort that he has put in. I want to thank myself and Michael Cullen for starting the process, and I thank the Minister for finishing it. Thank you very much; I recognise the Minister for that.

The bill sets out the cultural redress provided to Ngāti Porou, including the Crown’s acknowledgment of the cultural significance of certain conservation lands for Ngāti Porou, and provision for a relationship between Ngāti Porou and the Department of Conservation. I will wax lyrical a bit on that, because it needs to be recognised that this is not a new thing for Ngāti Porou. In the sense of the return of the maunga Hikurangi, they have done a great job of managing it. I think that sets a significant example for a whole lot of Treaty settlements, and for people who tend to have doubts about the ability of iwi to make sure that the right thing is done. How they define “right” is in the sense of what has been proven and what they will do into the future.

The commercial redress is certainly something that has to be considered, and considered seriously, because there have been a whole lot of machinations in relation to those boards and organisations—generally Pākehā; generally the Crown—that have really controlled or debased Ngāti Porou in relation to those issues that could have created an economic baseline. Certainly, through all of that, they have still continued to do that. It is with relish that one can look back and reconsider things started a long time before Fonterra opened the dairy factories that were in Ngāti Porou: things like those in the barge freight and transportation area.

It is good that the Government is considering this and that we are running this bill, the Nga Wai o Maniopoto (Waipa River) Bill, and the Ngāti Pāhauwera Treaty Claims Settlement Bill together. The Labour Party will support these bills—the whole three of them—and certainly we have put a whole lot of effort into getting these three settlements finished.

An important point is that the dissolution of Te Rūnanga o Ngāti Porou dissolves a Māori trust board established by Te Runanga o Ngati Porou Act in 1987. That seems to have been a long time ago, though maybe in this time it is just like yesterday. But Ngāti Porou need to be commended. Certainly I look forward to the deliverables that are in here possibly being expanded, even at this late time, I say to the Minister. But I recognise the iwi’s strength and efforts in getting here through a whole lot of different pathways. That is certainly what today is about.

E mihi kau ana i a koutou o Maniapoto e noho tata ki te awa o Waipā. E mihi kau ana ki te Kīngi Tūheitia, ki a koutou i mau kaha atu ki te tae i konei mō tō koutou kerēme.

[I acknowledge you of Ngāti Maniapoto who live in close proximity to the Waipā River, King Tūheitia, you as a collective who were tireless in your efforts to get here over your Treaty claim.]

The Waipā River bill, again, is an embellishment that certainly comes off the effort made by Tainui in relation to ensuring or developing co-management and co-governance, which is something that this speaker himself knows was frowned upon at the beginning. I commend Mita Ririnui and all those people who organised it—and Michael Cullen, again—and who tried to forge it within the mindsets of the people who generally have power that is distanced from Māori, like the local authorities and the waterway authorities. I commend Waipā for that. The Tainui river settlement has been quite fundamental. Tainui’s wish is that the waters are cleaned up, so that the elderly can bathe in them and the kids can eat the fish. At the end of the day there is already an example, and the Maniapoto people need to be commended and recognised for the effort that they are putting in. It is not an easy thing to go into, especially when one is trying to determine and ensure that one’s rangatiratanga is there and it is not an isolated issue.

I think the great thing done by all of these iwi here today is that they have certainly shown a way forward for this country. We preach and teach about nationhood, but if we intend to be serious about it then we certainly have to learn about how Māori can take things forward in a very positive manner. Those of Maniapoto, again, need to be commended.

E mihi kau ana i a koutou, mō Hera i a rātou e kore e tae ake engari, tautokotia atu tō koutou kaha mō tō awa. Nō reira, tēnā koutou.

[I congratulate you collectively, and those like Hera who are no longer here and did not arrive. In respect of your river, I endorse your endurance. Well done.]

The co-management arrangement includes the establishment of joint management agreements with relevant local authorities, the development of an upper Waipā River integrated management plan, and recognition of the Maniapoto iwi environmental management plans. All of those things have been tested in other areas. Maniapoto have certainly spent a lot of time ensuring that it would be as such, and that they would take it forward.

I a koutou o Ngāti Pāhauwera, e mihi kau ana, tēnā koutou. E whakaaro mō te āhua o te whāea a Sophie, mō tana pekepeke i a tau, i a tau mō te kerēme nei. E whakaaro atu mō Sophie me tō koutou tangata a Tame, e kāre e hoki mai, e hinga atu rā. Engari, ahakoa kua rere atu rātou, i konei kē koutou. Nō reira, tēnā koutou i te awa o Mōhaka, ngā whānau o Tūreia, te wāhi o Raupunga me Mōhaka, e mihi kau ana.

[To you of Ngāti Pāhauwera, I commend and salute you collectively. The state that Auntie Sophie used to get into a flap about, year in and year out, over this claim comes to mind. I think of her and your man Tame, now both gone for ever. Their likes will never be seen here. Nevertheless, while they are no longer here, you as a collective are here indeed. Therefore I congratulate you, the families of Tūreia of Raupunga and Mōhaka who live by the Mōhaka River.]

The Pāhauwera is an interesting settlement. Ngāti Pāhauwera is a confederation of hapū with historical interests along the Mōhaka River. They have stood the test of time. In the wars they were really banished from their lands. They were stripped of their economic base, and they were stripped of their own authority. That was certainly, in my mind, one of the most forlorn parts of the old wars. That Ngāti Pāhauwera have responded and been able to defend their right in relation to the Mōhaka River is something that has been worthwhile to watch over a period of time. The cultural redress is an important thing for Ngāti Pāhauwera. Te Heru o Tūreia is a gift area. The cultural redress properties were important areas to Ngāti Pāhauwera, which were put aside and taken away from them. The right of first refusal will be important for Ngāti Pāhauwera, and certainly for the people from Raupunga and Mōhaka. I hope that it is finalised and they finish building their marae, because it has been a long time in coming.

I say to all of the three claimants here today that Labour will support these bills. We look forward to a better, expedient, and quick journey towards the end. Kia ora.

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

I rise to speak to three bills that are being addressed in a novel manner this afternoon so that they can be considered by the Māori Affairs Committee as quickly as possible. That great chair of the committee, the Hon Tau Henare, is a tiger for punishment. He is keen to get on with the job as quickly as he can.

The first bill is the Nga Wai o Maniapoto (Waipa River) Bill, which gives effect to a deed by the Crown and Maniapoto signed at Te Kūiti on 27 September 2010. I acknowledge their representatives who are here this afternoon and thank them for their commitment, for their patience, and for their hard work. The bill provides for Maniapoto to participate in the co-governance and co-management of the Waipā River and adds the Upper Waipā River to the arrangements put in place last year.

This river is of deep cultural significance to Maniapoto. For the people of Maniapoto their relationship with the Waipā River gives rise to responsibilities to protect te mana o te wai and to exercise their kaitiakitanga in accordance with their long-established tikanga. The involvement of Maniapoto will be key in addressing environmental concerns and in achieving the long-term health of the river. In the area of the Upper Waipā River, in particular, the people of Maniapoto have a significant stake in the social, economic, and environmental well-being of the community by virtue of their numbers and the extent of Māori land - based economic development.

This bill needs to proceed without delay to ensure that critical steps such as the initial review of the vision and strategy are comprehensive, and so that there is a proper legal basis for factoring the Upper Waipā River into these very, very important developments. There is a strong sense of shared aspiration among not only iwi but also the community at large to improve the health of the Waipā River and the Waikato River. This bill is the final ingredient to put in place the framework. It is an initiative whose time has come so that generations in the future can enjoy a healthy river that sustains abundant life and prosperous communities.

I now turn to the Ngati Porou Claims Settlement Bill. I too welcome the Ngāti Porou representatives who have joined us today for this historic occasion. Treaty settlements involve commitment and courage. They often involve difficult trade-offs, both personally and professionally, by those who work on them. I pay tribute to the leadership, pragmatism, and hard work of the negotiating teams of the iwi who are with us today. It is through the diligent labour of these people that we have reached this point. I acknowledge those who are no longer with us, particularly Koro Dewes, who in a long and distinguished career helped to lay the foundation for this settlement through his work in establishing Te Rūnanga o Ngāti Porou. I am so sorry that he did not live to see the introduction of this bill, but I am heartened that he lived long enough to see this settlement through to its near completion.

Ngāti Porou has travelled a long road to have its claims addressed by the Crown. After many years of preparation, formal negotiations began in 2008. The Crown recognised the mandate of Te Rūnanga o Ngāti Porou in April that year. Negotiations with Te Haeata, the negotiation subcommittee, commenced in July 2008. A non-binding high-level agreement outlining key elements of financial and commercial redress was signed by the Crown and Ngāti Porou on 23 October 2008. After a period of robust negotiations a deed of settlement was initialled in October 2010. I pause to acknowledge the work of my chief Crown negotiator, Paul Swain, an excellent fellow. I am so bipartisan that I can work with anyone.

During November and December last year, Te Rūnanga o Ngāti Porou undertook a ratification process for the deed of settlement and the proposed post-governance entity. Of the registered adult members of Ngāti Porou who voted, 91 percent voted in favour of accepting the deed of settlement and 92.5 percent voted in favour of accepting the proposed governance arrangements. This is a great day for Ngāti Porou, and I acknowledge Mr Horomia and his help at the very initial stages of the negotiation. The real grunt work, of course, was done by me.

Finally, I turn to the Ngāti Pāhauwera Treaty Claims Settlement Bill. I too welcome Ngāti Pāhauwera representatives who have joined us today. Many other members of Ngāti Pāhauwera in the Hawke’s Bay and around New Zealand will be watching this debate today, and I acknowledge them.

Ngāti Pāhauwera have also travelled a long road to have their claims addressed by the Crown. In 1994 the Maori Land Court made an order appointing eight people to represent this confederation in the prosecution and settlement of Treaty claims against the Crown. The tribunal reported on the historical claims in 1992—the very, very important Mōhaka River report—and 2004. In May 2008 terms of negotiation were signed for a combined negotiation of Ngāti Pāhauwera’s historical Treaty of Waitangi claims and of their foreshore and seabed interests. An agreement in principle setting out the broad components of the Crown’s settlement offer was signed on 30 September 2008. Since then the trustees and the Crown have negotiated intensively. I pause here to acknowledge the contribution of my chief Crown negotiator, former Labour MP Fran Wilde, an excellent person—again, proving my bipartisanship.

A draft deed of settlement to settle the Treaty claims was ready for ratification on 4 November 2010, and on a wonderful day, 17 December 2010, in the company of Mr Horomia we signed the deed of settlement at Mōhaka. It was a wonderful occasion for all who attended. The deed of settlement signed then is conditional on the passage of this bill.

I acknowledge all Ngāti Pāhauwera tūpuna, and I acknowledge all those who from the beginning have worked for the good of Ngāti Pāhauwera. The trustees of the development trust and their counsel have negotiated with great resolve and determination, and the settlement package they have achieved is a very good one. Throughout this process they have been unfailingly polite and dignified; I have certainly enjoyed working with them. I acknowledge their patience when they were prepared to defer discussion of their foreshore and seabed interests while the 2004 Foreshore and Seabed Act was being reviewed.

Settling this claim is an important further step in this country’s progress towards settling all historical Treaty claims. Settling the Ngāti Pāhauwera Treaty claims will be a first in the Hawke’s Bay region. The passage of this bill begins the last stage in a settlement that seeks to recognise what is important to the people of Ngāti Pāhauwera and to provide redress for breaches of the Treaty.

These three settlements are among the many settlements this Government has been progressing towards its aspirational goal of settling all historical Treaty of Waitangi claims by 2014. I thank all parties for their cooperation in enabling these bills to proceed in this manner. I acknowledge—because authorship is important—that the original idea for this process came from the senior Opposition whip, Mr Barker, and I thank him for his suggestion. That is not to say that these bills will be rushed through the Māori Affairs Committee, as some rather unkind people are saying. They will be dealt with individually and they will be dealt with carefully. This is a sensible way of progressing Treaty bills so that people can enjoy the fruits of their labour as soon as possible.

Hon SHANE JONES (Labour) Link to this

Ā, te Kaihautū o te Whare, tēnā koe. Kāti, hei tīmatanga kōrero, mihi atu ki ngā huānga o roto i ngā whare tātai i te tuauru Maniapoto, ā, whakawhiti atu ki Te Tai Rāwhiti, Ngāti Porou me āna toronga katoa, ā, heke iho ki roto i te awa o Mōhaka, a Ngāti Pāhauwera, tēnā koutou, tēnā koutou katoa. Nā runga i te hiahia i pupū ake i waenga tonu i a mātou, ngā kanohi Māori ki tēnei taha, pēnā e taea te rauhī i ēnei pire kia wawe ai te taenga atu ki te komiti uiui. Kia kawa rawa atu ēnei pire e waiho ki konei kia tārewa i roto i tēnei wāhanga o te rerenga o ngā pire, me te mātau, arā noa atu te pōti whakataetae e tū mai nei kei te paunga o tēnei tau. Nā, koia tā mātou e mihi ki a koutou, i āmene ai ki tēnā whakaaro, nā, ko tōna tikanga, ka whakawāteangia te huarahi kia whiriwhiria tonutia ai e te komiti uiui raro i te whakahaere a te Hōnore Tau Hēnare ngā take, ā, me ngā wāhanga iti e tika ana kia whakahāngaitia pea. Nā, koia tā mātou e tautoko i te Minita i tēnei ahiahi. Nā reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Thank you, Mr Deputy Speaker of the House. To begin with, I acknowledge the relatives from within the ancestral houses of Maniapoto to the west, across to the ones of Ngāti Porou on the East Coast and all its branches, and down to the ones of Ngāti Pāhauwera by the Mōhaka River. Hello there, and greetings to you all. Because of a desire that welled up within us Māori members on this side, we sought to have these bills made cognate so they would get to the select committee faster. These bills must be allowed traction and not be held up on this side of the process, as we know full well that there is the matter of competing for votes at the end of the year to contend with, as well. That is why we compliment you on allowing this to happen. Accordingly, it clears the way for the select committee, under the astute leadership of the Hon Tau Hēnare, to consider matters about these bills, including any clauses that might be deemed appropriate. That is why we were most supportive of the Minister this afternoon. So greetings to you, greetings to you, and greetings to us all.]

We join with the Minister for Treaty of Waitangi Negotiations, Chris Finlayson. This exercise, I understand, is to be regarded as a “cognate” exercise, as I am told is the expression. That is somewhat unusual, but, as I have said in Māori, this is a busy year, and the people who bring claims forward and wait for many years, despite the best efforts of the current leader of the ACT Party to deprecate them, are actually positive and busy people. If the business of the House can be ordered in such a way that we can facilitate the expeditious consideration of these bills, then there is not a sliver of doubt in our minds that we should support the current Minister to effect that outcome. I only hope that his enthusiasm for bilateral ventures stretches beyond 26 November, when we will treat him in a similarly charitable fashion.

I must correct one element. The Minister for Treaty of Waitangi Negotiations described the current chair of the Māori Affairs Committee, my kinsman Tau Henare, with the adjective “great”. I want that word struck from the Hansard record because it reflects an inaccuracy.

I turn first to Ngāti Maniapoto. Obviously, our colleague Nanaia Mahuta will expand on what her Māori colleagues here are saying, but it follows on from the tauira—the model, really—that was laid down during the time of Dr Cullen and revived by the current Attorney-General and Minister for Treaty of Waitangi Negotiations, Christopher Finlayson. It really broke the back of longstanding traditions in resource management. It has caused some consternation to certain elements of the House, but we have seen no degradation in the quality of water, we have seen no diminution in the property rights of farmers, etc., and we have not seen a dilution of people’s rights to participate in statutory resource management. The fact that it should extend to, as we say in Māori, the whare tātai of Maniapoto just shows that this area of governance is improving, and it is providing an opportunity for greater Māori input.

Our wealth comes from our primary sector, including our mineral sector—although I will get to that small point in a moment. Improvement in how we, as Pākehā and Māori, are able to participate in statutory resource management ensures that when those decisions are made there is a balance between ecology, environment, cultural heritage, and rangatiratanga, but also there is not ignorance about the importance of the economic utility of our resources. If we overlook that importance, we are actually deprecating the opportunities that are available in a post-settlement phase for iwi, hapū, and whānau. There is no reason why this particular bill does not lay down the platform for the continuation of the Maniapoto claim.

Ngāti Pāhauwera are not too far away from a part of Māoridom where one of our tūpuna, Te Wera Hauraki, made certain forays into the broader country of Kahungunu, a little further along from where Ngāti Pāhauwera are. I remember for many years going down there and visiting the marae with Rev. Māori Marsden while we discussed resource management issues. That is where we were first introduced to the drama that was confronting them about the Mōhaka River. As is the case with other claims, this is an example of where a proud group of people—a tribe, a number of hapū—were left landless. Unfortunately, not all land can be restored back to the descendants of the original owners, but the fact that the current custodians of that legacy, on the tangata whenua side, are willing and courageous enough to step up to the plate and give their approval to this type of settlement bodes well for the future.

It is a part of Aotearoa that is not spoken about in a particularly wide fashion, but we salute the people of Ngāti Pāhauwera, their river, their remaining lands, and the Maungaharuru ridge, etc. We know how difficult it is for any small iwi to capture the attention of the bureaucracy and of politicians, and also to find the energy to sustain the journey to effect a suitable settlement to the claim. So there is no doubt in our minds where we should stand and support, whether it is through Dr Cullen, the Hon Parekura Horomia, or Christopher Finlayson.

The most important thing is that from here it is the responsibility of the tangata whenua. They have to stand up and bear that legacy, and ensure that it is actually improved generation after generation. That will not be an easy task, and whatever we do to the bill in the settlement today, we hope it simplifies that process.

Ko Hikurangi te maunga, ko Waiapū te awa, ko Parekura te tangata. Ngāti Porou, tēnā koutou, tēnā koutou, tēnā tātou katoa. Nā wai rānei i teka me tū a Ngāpuhi ki te kōrero mō ngā whenua, tō koutou maunga, ā koutou tāngata, me ngā awa katoa kei roto i Te Tai Rāwhiti engari, tēnei anō te mihi atu ki a koutou. Nō roto i ngā rangi pahure tata ake nei, nui tonu ngā kōrero i roto i te hui i tū mō tō mātou matua a Tā Rātima mō tēnei kerēme, mō tēnei nawe whenua. Nāna anō i kī, i te haerenga ake o Tā Āpirana Ngata ki roto i Te Hiku o te Ika, i te ururoa me te kanukanu o te āhua o te whenua, nāna anō i kī, pēnā he toki anō tāku, tapahia me ahau te hiku o tēnei ika kia tere atu ki te moana. Kātahi a Tā ka mea mai ki ahau, e hoa, e koro, e Shane, ki te tū koe ki te mihi mō te kerēme o Ngāti Porou, meinga atu ki a rātou, nui tonu te mana o te Rōpū Reipa i roto o Ngāti Porou. Kāti, tēnā koutou. He rawe tēnei rā.

[Hikurangi is the mountain, Waiapū is the river, and Parekura is the man. Greetings to you, Ngāti Porou, greetings to you, and greetings to you all. Who falsely assumed that someone of Ngāpuhi descent should stand up and talk about lands, your mountains, your people, and all the rivers of the East Coast? Nevertheless, salutations once again. There was much talk at a symposium held recently for our uncle Sir Graham Latimer about this claim and objections about this land. He actually talked about the time when Sir Āpirana Ngata came up to the Tail of the Fish and mentioned how the land looked shabby and was shark-like in appearance. It prompted me to exclaim that if I had an axe I would lop off the tail of this fish and set it adrift in the ocean. Then Sir Graham said to me, “Hey, mate, hey, old fella Shane, should you get up to acknowledge Ngāti Porou’s claim, say to them that the Labour Party’s influence in Ngāti Porou is right up there.” Enough said and congratulations. This is a wonderful day.]

The Ngāti Porou tribe are not strangers to the administration, the bureaucracy, or the antics of politicians or Governments. This is a very successful conclusion to a claim that has been afflicted by internal politics, and I can say that because I am a member of the Ngāpuhi nui tonu. No one is more afflicted than my own tribe. It is a part of Māoridom where we want to see the provincial economy recover. We want to see investments that recover the halcyon days when there were very prosperous, strong, and hardy landowning groups up the coast. If this small contribution, through the historical Treaty settlement, enables that to come to pass, then every single Māori in the House should salute Ngāti Porou on this significant day.

We must acknowledge Hekia, who currently has a difficult role dealing with her own relations in terms of why the exploration for oil and minerals is not such a bad idea. Although that is a difficult part, I note that a protocol in this bill enables Ngāti Porou to participate.

Kia kaha, kia manawa nui. Mai i Te Tai Hauāuru ki Te Tai Rāwhiti, tēnā koutou, kia ora tātou katoa.

[Be strong and stout of heart. Well done to you from the western shores to the eastern one and to us all.]

CATHERINE DELAHUNTY (Green) Link to this

Tēnā koe, Mr Deputy Speaker. Tēnā koutou katoa. I rise on behalf of the Green Party to speak in favour of these three bills and this process with some humility as a Pākehā. I acknowledge that neither of our two Māori members of caucus whakapapa to these rohe, but I acknowledge the importance of us as Pākehā standing up for Te Tiriti o Waitangi and taking our place in recognising the important processes in which we engage in this House and in this country. If Pākehā are silent and we do not acknowledge the Treaty process, we are pretending that that process belongs to Māori. But we are the main beneficiaries of the Treaty, so I want to speak to that issue as well.

The Green Party is supporting the first readings of these three bills, and we recognise and respect the blood, sweat, and tears associated with getting to this point of the three iwi involved. The Nga Wai o Maniapoto (Waipa River) Bill will hopefully allow Ngāti Maniapoto to uphold their sacred relationship to the Waipā awa. Ko au ko te awa; ko te awa ko au. We recognise their generosity. We recognise that co-governance or co-management is actually a generous compromise by mana whenua. It is a gift back to the nation, saying that what was theirs in entirety and will always be theirs, they will work through and share with us in terms of governance. I think the bills we have seen in this House previously around Waikato are very important in this regard, and we will all be watching to see that they work in terms of the spirit of Te Tiriti o Waitangi. So we must pay respects to those people, to Ngāti Maniapoto.

I pay respects also to Ngāti Porou. I lived in the Tai Rāwhiti for 8 years, and one cannot live in that area without recognising the energy and power of Ngāti Porou, but also the particular history, the history of economic deprivation through Māori Land Court and land tenure machinations in the past. But in the Ngati Porou Claims Settlement Bill there are some good opportunities and relationships that Ngāti Porou will be able to take full advantage of.

When I worked in the rohe for 8 years, I was deeply affected by whānau living landless, in broken houses. There was a lack of opportunity for rangatahi and whānau katoa. Members may have seen the movie Ngati. It tells a story about the previous vibrant economic sovereignty that has been undermined. We need to see the rebuilding of that sovereignty through bills like this, particularly for the most poverty-stricken people in the most remote rural communities I saw. As an advocate for the poorest of the poor, I am hopeful that this is a start towards those most vulnerable people being the beneficiaries of this mahi.

Thirdly, I turn to Ngāti Pāhauwera, the Mōhaka people. It is a terrible history of loss and of the way the Crown acted towards them. Lack of good faith in terms of the Mōhaka River people is a story that all New Zealanders need to read. They need to understand what happened to them and what the journey has been to get to this point. Although I lived in Tūranga, I travelled through their rohe. I will never forget being on the hīkoi—the takutai moana hīkoi. As we went through Raupunga, on the side of the road the kōhanga reo stood with a sign towards us—all those little tamariki mokopuna standing there—saying “kia kaha, kia kaha”. That was one of the most moving moments for us as part of the takutai moana hīkoi: to see the people of Raupunga, who actually stand up for what they believe in, from the smallest to the kaumātua. So I acknowledge them.

The Green Party recognises with a heavy heart the histories behind these settlement processes, and we reject the concept of full and final, even though we are supporting progress for these iwi. How can it be full and final settlement when every claim, added together, is less than the money used to bail out South Canterbury Finance? The degree of recompense the Crown actually gives compared with the losses needs to be analysed in the context of the instant bail-out provisions for failed financiers who took advantage of the Government guarantee. Is the poverty and loss of all these whānau over more than 150 years worth so little in comparison with the money the Crown is prepared to spend on businesses that have been greedy and at times misleading in their behaviour? And they had to ask only once! Although we celebrate the progress for these iwi, we have concerns about the scale of redress. It is not full and it is not final, no matter what political spin we place on it.

I have to be brave and say that we place on record some concerns about other iwi who are impacted by the Crown picking winners during settlement processes. This is causing some pain and distress in Te Tai Rāwhiti, because the Crown has decided to work with large natural groupings, and smaller iwi like Ruawaipū and Te Aitanga-a-Hauiti have been more than vocal in their claim of being marginalised. But the history of the Tūranganui iwi and their relationships and boundaries is complex, and it is not the Green Party’s business to address the issue of boundaries between tangata whenua. That is not our role in terms of the Treaty relationship in Aotearoa. But we can say that the Crown process can create new grievance as well as make agreement. We can say that dialogue for justice must continue, and justice must also be seen to be done.

We wish the Crown to recognise that history is not fixed. Dialogue and negotiation are a permanent feature of te Tiriti, and settlements need to be negotiated with no absolute requirement that the iwi involved be silent in the future. Stories are still emerging about how land and resources were alienated, and issues such as the takutai moana, sadly, have the potential to create new claims. The Government needs to accept that, as in all significant relationships, everything has to be open for discussion in an honest and realistic manner. The next generation of Ngāti Maniapoto, Ngāti Porou, and Ngāti Pāhauwera will have something to say to the Crown, and they should be listened to. That something may be about fairness and justice, because they will do the maths and see that South Canterbury Finance gets instant redress, while their whānau do not.

One of the things I would like to see alongside this bill—and I applaud the work of all the people involved—is a budget for Pākehā education. Having lived in the Tai Rāwhiti, I say that as long as Pākehā think the settlement process is for Māori, in many cases they ignore it. We need them on board. We need my culture on board so that we do not undermine the very good work that people are doing to build a successful cultural and economic base for tangata whenua. We really need to get Pākehā educated, because they do not attend claims processes and they do not read settlements. I can speak for my culture and say that very few of us embrace the work that people in this House are doing, or understand what the Attorney-General is trying to lead.

Unless we go out there and proactively explain to Pākehā, they will be a barrier, and racism will be an issue. I can speak on that issue because I lived in Gisborne, and I did not hear very many Pākehā embracing the settlement process. We need to be brave enough as Pākehā to talk about that issue, alongside the work of tangata whenua. It is our responsibility, not that of Māori, to educate our own and bring them on board. The Crown has a big role to play in that education, because the Crown, since 1840, has had a big role in creating the essential necessity for this process.

Without having much more to say, I acknowledge my ignorance about the detail, and I acknowledge that I am speaking as a Pākehā, but I say that it is vital that we front up to these settlement processes, and that we are brave enough to name our concerns. I acknowledge all the people who travelled here today to participate in the process. It is just the first reading, and I look forward to hearing more through the select committee process and in the second and third readings, which it is likely we will be supporting. But I can never feel a great sense of celebration until everyone in Aotearoa stands up behind this process and acknowledges that it is important and is about all of us.

We must celebrate the progress made with a level head and a willingness to acknowledge that the marginalised must be heard. It is not as tidy as saying a settlement is full and final. To say that the process is over and done with may be tidy, but it is not honest. It is important that we are more truthful and say we are on a journey together in this nation. It is not a tidy journey, but without that honesty about our history and about the grievances that we have the potential to create in this very Whare, we will not make peace and justice in our time or for tamariki mokopuna. As a grandmother, I am responsible for looking ahead, as are so many of you, to what our mokopuna will have to deal with. It is not full or final, but let us absolutely acknowledge the progress made. Kia ora tātou katoa.

Hon GEORGINA TE HEUHEU (Minister for Courts) Link to this

E ngā uri o rātou mā kua riro ki tua o te pae, Ngāti Porou, Ngāti Pāhauwera, Ngāti Maniapoto, haere mai, nau mai ki te Whare Pāremata. He Whare tēnei kua rongo i ngā nawe, i ngā hiahia o ngā iwi o ngā tau kua hipa. Nō koutou tēnei rā. Koia nei te tīmatanga mai o te kōrero i ngā pakitara o te Whare Pāremata. I mua o te mutunga o tēnei tau, ka eke ki te puāwaitanga. Nō reira, tēnā koutou, tēnā tātou katoa.

[To the descendants of those who have crossed beyond the horizon of Ngāti Porou, Ngāti Pāhauwera, and Ngāti Maniapoto, welcome, welcome, and welcome to Parliament House. This House is one that has heard about the complaints and aspirations of tribes in years past. This is your day. It is the beginning of the talk that will emanate from the walls of Parliament House. By the end of this year the talk will come to fruition. So greetings to you and to us all.]

I am very pleased and proud to stand and talk to the first readings of three separate bills: firstly, the Nga Wai o Maniapoto (Waipa River) Bill, which is a companion to the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill; secondly, the Ngāti Pāhauwera Treaty Claims Settlement Bill, of which the deed of settlement was signed on 17 December 2010; and thirdly, the Ngati Porou Claims Settlement Bill, of which the deed of settlement was signed in December last year. This bill represents the settlement of all Ngāti Porou historical Treaty of Waitangi claims, and therefore is hugely significant—as they all are. I will make a few comments on each of the bills, and hopefully I will have time to make a few comments on the importance of Treaty settlements.

On the Nga Wai o Maniapoto (Waipa River) Bill, the Waipā River is a significant contributor to the waters of the lower Waikato River and to the social, cultural, environmental, and economic well-being within its region. We recognise that the Waipā River is taonga to Maniapoto. Their relationship with the river lies at the heart of their spiritual and physical well-being, and has been the prime influencer in the way we have interacted with them. The restoration and maintenance of the river as part of a larger catchment needs to be coordinated with the management, restoration, and protection of the Waikato River, and Maniapoto involvement in co-governance and co-management of their river is key for the longer-term sustainability not only of their river but also of the larger Waikato as well.

The bill gives effect to a deed entered into between the Crown and Maniapoto, by which they agree to extend a co-governance framework over the whole of the Waipā River and provide for Maniapoto to participate in the framework that governs the river. It establishes co-management and related arrangements with Maniapoto in relation to their river.

Although it is a great advantage to deal with the three bills within the one debate, not one of the iwi sitting in the gallery this afternoon should take the briefness of the comments relating to each of their settlement bills as a sign in any way that we are skimming over the importance of their settlements. We are not.

In respect of the Ngāti Pāhauwera Treaty Claims Settlement Bill I acknowledge my whanaunga and note that this is the first deed of settlement to be signed, as the Minister for Treaty of Waitangi Negotiations said, on the eastern seaboard of the North Island. I say congratulations to the iwi. The first of a series of settlements is always the biggest, and I hope that the whanaunga alongside you take this as a sign that they ought to move as well. As with other historical settlement bills, the package includes a Crown apology as well as financial redress of $20 million and cultural redress involving 16 sites, totalling around 1,087 hectares. These claims relate mainly to the Crown’s failure to ensure the iwi retained sufficient lands for its future needs, the Crown’s failure to provide adequate support during the New Zealand Wars, the Crown’s failure to monitor the impact of further land purchases, and the fact that by the middle of the 20th century Ngāti Pāhauwera was virtually landless, which contributed to the decline of its economic, social, and spiritual well-being. This settlement will hopefully enable Ngāti Pāhauwera to build the partnership with the Crown that it has for so long sought, and to flourish as a people.

The Ngati Porou Claims Settlement Bill puts longstanding historic grievances to rest, and will bring significant benefits not only to Ngāti Porou and the East Coast region but also, like all settlements, to New Zealand. Ngāti Porou is New Zealand’s second-largest iwi, with 72,000 members, 58 hapū, and 48 marae on the East Coast of the North Island. The takiwā covered by the bill is the area from Pōtikirua Point on the East Cape in the north, to Te Toka-ā-Taiau in the south, at the mouth of the Tūranga River, which runs through the centre of Gisborne. The takiwā relates, as I said earlier, to a great number of hapū and marae. Ngāti Porou has a proud history of working with the Crown to preserve the New Zealand way of life and I am very proud to be part of the National Party, and to recall that I follow in the footsteps of a number of eminent Māori MPs, not least of which, of course, was Ta Apirana Ngata, who has left a huge legacy in this place.

The bill records the acknowledgments and apology offered by the Crown to Ngāti Porou and provides that the settlement of the Ngāti Porou historical claims is final. It includes financial redress of $110 million, it includes the return of sites of high cultural significance to Ngāti Porou totalling approximately 5,898 hectares, and it provides for Ngāti Porou input into the strategic governance of specific conservation sites in relationship agreements designed to facilitate good working relationships between specific Crown agencies and Ngāti Porou.

I will make some general remarks. The importance of what we do this afternoon will be illustrated by the fact that there is near universal agreement in this House for these three settlements. I am not sure whether ACT will vote for these settlements, because its history to date has been not to vote for any of them. But we can put that to one side and rejoice in the fact that in the balance of the House, which is the larger part of the House, all members support these settlement bills—and why would they not?

As parliamentarians we have done some of our best work in bringing settlements to this House. I have had the privilege of being here since 1996, working with Sir Doug Graham under the leadership of Jim Bolger, and being part of a Government that set itself at the time a pretty cracking pace to try to settle historic grievances. What that Government did, which was important in respect of all the settlements that have followed, was set a framework within which these settlements—which are hugely complex and take much time and energy of both the Crown and iwi—can be brought to a conclusion. So when a bill arrives at its first reading like this one has today, it in no way gives any indication of the huge commitment, the longstanding dedication, and the kaha, really, that is required, particularly on the part of the iwi and of the Crown to bring the settlement to this point.

I say to the three separate iwi sitting in the gallery that they give us, the Crown, a chance to make amends for the wrongs that have been done in the past. They give us the chance to set a pathway with themselves for the future that will be far, far better. We are hopeful that the grievances that iwi have carried through the generations can be—not forgotten, because they are never forgotten—put in their place, allowing people to move on.

I add my congratulations and my support to the speakers who have gone before and say how very pleased we are that we can do this this afternoon. I look forward to the ongoing debates on the three bills, and, more than anything, I look forward to finally concluding these settlements. I think that Māori are on the verge of another huge development phase and the settlement of these claims will provide a very strong platform for that development to go forward. Nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

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

Ā, tēnā tātou katoa. Tēnei e tāpiri atu āku nei mihi ki ngā iwi e toru i tae ā-tinana mai, hei ārahi i ā rātou kēreme ki tēnei wāhanga kia whakaturengia ā rātou wawata, i roto i ēnei kerēme. Nō reira, Ngāti Pāhauwera, Ngāti Porou, Ngāti Maniapoto hoki mai ki te kāinga, tēnā koutou.

[Greetings to us all. I add my acknowledgments to those expressed before me to the three tribes who have arrived here in person to guide their claims through this part of the process that will enshrine their aspirations in these claims into law. So welcome home Ngāti Pāhauwera, Ngāti Porou, and Ngāti Maniapoto, and congratulations.]

I too want to confirm my and Labour’s support for each of the individual settlement bills—the Nga Wai o Manaipoto (Waipa River) Bill, the Ngāti Pāhauwera Treaty Claims Settlement Bill, and the Ngati Porou Claims Settlement Bill, which have been brought to the House today. Some comment has been raised with regard to the recent innovation of clustering bills together and bringing them to the House. Although in some respects I acknowledge that this process enables a speedy progress and passage through the House, I am unsure whether the innovation in the long term is a positive mechanism in the Treaty settlement process, because as the Waitangi Tribunal is an important forum to have histories heard, so too is this House of Parliament in terms of putting on the record the context within which Treaty settlements have occurred. It is only through the Hansard debate and the debate of parliamentarians in this House that people will understand in retrospect what the particular policy of the day was and why things were done in a certain way.

Those of us from iwi all know that many Treaty settlements have fallen far short of expectations out there amongst our iwi. I put that on the record for the single purpose of noting that although in a process-orientated manner we want to ensure that those Treaty settlements that are currently sitting before the Minister for Treaty of Waitangi Negotiations receive full support to go through this House, I certainly do not want to lose sight of some of the tensions out there amongst iwi when they observe this process. So, with the forbearance of Ngāti Pāhauwera and Ngāti Porou, rather than skim over their two claims once lightly I will restrict my comments particularly to the Nga Wai o Maniapoto (Waipa River) Bill, with the view in mind of putting on the record some peculiarities that have emerged as a result of the political landscape, and I think that the bill and the way in which the settlement has been approached will gain some clarity from my contribution.

Some comment was made previously by members about the Waikato-Tainui settlement and the agreements reached there. People need to remember that the settlement initialled in August 2008 was somewhat different from the settlement re-initialled later with the National Government. I draw the attention of the House to that point only in so far as the statutory management framework over the Waikato River changed. Initially it was envisaged that there would be a number of statutory boards to manage the Waikato River, but with the onset of the National Government’s wanting to streamline processes it basically truncated the statutory management regime. Waikato-Tainui certainly agreed to it but it will, I think, in the review process present some issues that may need to be considered some time down the track, because this is how it affects Ngāti Maniapoto.

The bill that has been presented to the House proposes to put the same statutory regime that covers Waikato and the lower Waipā over the upper Waipā catchment. There is some fertile ground for members, through the select committee process, to question how that, in effect, will impact on decision making between the upper catchment and peculiarities around that with regard to the lower catchment. I certainly will focus my efforts on practical questions about the statutory management of the whole of the Waipā and the interests there.

In setting up the Waikato River Authority, Maniapoto is represented there and it is important to ensure that those iwi who are along the whole of the Waikato River have a say. Certainly there is agreement too that Maniapoto’s interests, as reflected in the Waipā, are very important, because one cannot have a clean Waikato River with a dirty Waipā. So it is absolutely fundamental in terms of the contribution to the larger efforts within the Waikato River that Waipā is a significant, significant factor that can aid or impede this process if all the issues are not dealt with methodically and systematically. I say “impede” because I draw the attention of the House to the issue of the upper catchment and the need to address, quite seriously, a clean-up fund in that area. That is a matter that I am sure the Minister and Maniapoto’s negotiators will continue to bring up, but if we do not address the upper catchment and the issues around how we maintain a clean Waipā throughout the whole of the river system then we are not actually giving this our full attention and the attention it deserves. So that is probably the first issue.

The second issue I want to raise is in regard to some of the practical aspects of co-management agreements. Parekura Horomia pointed to joint management agreements with relevant local authorities. We know that territorial authorities and regional councils are resourced to be able to put together joint management agreements, to be able to draw on technical advice, and to be able to give effect to their part of the picture. But when we are looking at a co-management, co-governance opportunity, not all iwi who want to go down this path are resourced to the same effect, even in terms of human resource, to be able to meet the same time frames as local authorities and things like that. In a very practical sense, again this is an area where it may be worth the select committee asking further questions to ensure that what we think is being achieved, certainly from the Government’s position and the Crown’s position, is being effected. I think that is one area where we can see some of the difficulties.

Also, in terms of giving effect to the Waiwaiā accord, we know that the Government is proposing to merge some of the ministries. The assurance I will be seeking through the select committee process relates to whether it will affect some of those protocols between the Minister, his ministry, and the practical implementation. What we need to ensure, if we are to give full effect to the Waiwaiā accord, is that those high-level agreements are reflected at the regional level with the regional managers of each of those ministries. Those are some of the questions that I will be looking to ask at the select committee to again affirm the commitment of the Crown with regard to this bill.

There are a number of other aspects of the Nga Wai o Maniapoto (Waipa River) Bill that I believe it is important to express in the House. Although we, from a resource management point of view, are quite happy to talk about integrated catchment management and ensuring that that can be given effect to, actually for people who live along the Waipā River this waterway, this river, means so much more. It is really important, in terms of capturing the essence of what this river means, that we are able to achieve that in some small way in contributions of debate in the House. I hope that in the third reading my contribution might do better on that front. I want to acknowledge the Maniapoto Māori Trust Board, the Nga Wai o Maniapoto (Waipa River) Bill team and the negotiators, the staff, their advisers, and kaumātua, who have all been a part of this lengthy process. As observers looking in, we tend to hear the frustrations with Government processes and certainly with ministries, but what I can clearly say and commit to is that this bill sits alongside the greater aim, and that, I say to the Minister, is to ensure that the broader range of Maniapoto claims hopefully can at least be commenced before the election. What we know is that if the true potential of Māori and Maniapoto are to be reached, as was referred to by the honourable member Georgina te Heuheu, then it is absolutely important that the comprehensive claims in Maniapoto are looked at, are sat down with, and negotiated with, to ensure that Maniapoto too can make its contribution to this nation, to the economy, and to the well-being of the people—certainly within the region, and for this country. Nō reira, kia koutou katoa, tēnā koutou.

CHRIS TREMAIN (National—Napier) Link to this

Tihei mauri ora! Whakataka te hau ki te uru, whakataka te hau ki te tonga. Kia mākinakina ki uta, kia mātaratara ki tai. E hī ake ana te atākura. He tio, he huka, he hauhunga. Ā, tēnā koutou. Ki te Whare e tū nei, tēnā koe. Ki Papatūānuku kei waho, tēnā koe. Ki ngā mate o tēnei Whare, haere, haere, haere. Ki ngā mate o Ngāti Pāhauwera, ko Tom Gemmell rātou ko Charlie Hirini, ko George Hawkins, haere, haere, haere. Ki ngā rangatira o Ngāti Pāhauwera, tēnā koutou. Ki a Toro Waaka, tēnā koe, Gerald Aranui rātou ko Charles Lambert, Tānia Hodges, Tūreiti Moxon, Sissiel Henderson, Kuki Green, and others who are not here today , tēnā koutou. Ki ngā tāngata o Ngāti Pāhauwera, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Behold the breath of life! Cease the winds from the west; cease the winds from the south. Let the breezes blow over the land; let the breezes blow over the ocean. Let the red-tipped dawn come with a sharpened air, a touch of frost, a promise of a glorious day. Greetings to you collectively. To the House I stand before, greetings to you. To Papatūānuku out there, greetings to you. To the dead from this House, depart, farewell, go. To the dead of Ngāti Pāhauwera, namely Tom Gemmell, Charlie Hirini, George Hawkins, and others, depart, farewell, go. Greetings to the chiefs of Ngāti Pāhauwera. Toro Waaka, greetings to you, and to Gerald Aranui, Charles Lambert, Tānia Hodges, Tūreiti Moxon, Sissiel Henderson, Kuki Green, and others who are not here today, greetings to you collectively. To the people of Ngāti Pāhauwera, greetings to you, greetings to you, and greetings to you all. ]

Kia ora, Mr Assistant Speaker Roy. It is a real privilege to be here today and to speak in the first reading of the Ngāti Pāhauwera Treaty Claims Settlement Bill, which is one of Hawke’s Bay’s first major Treaty of Waitangi settlements. It is a real honour to have been able to be present at and to witness the 17 December signing of the agreement up at Mōhaka. It is a real privilege because this is the start of Kahungunu, of Ngāti Pāhauwera, and of the wider iwi taking big steps forward in Hawke’s Bay, becoming part of the powerhouse of the Hawke’s Bay economy, and stepping up and becoming real contributors to the economy. I think it is a fantastic way forward.

As the local MP it is a privilege to be part of these settlements. In the case of Pāhauwera, this is one of the most beautiful places in Aotearoa. The Mōhaka River starts almost up in Georgina te Heuheu’s electorate, at the juncture of the Taharua River, and then flows its way down through the Hawke’s Bay and out to the coastline, past Raupunga, Willow Flat, and a whole lot of settlements down there. One cannot miss it. The big boulders of the Mōhaka River, the beautiful river, the way it flows down to the coast—it really is a rugged, amazing part of New Zealand and one that I am particularly proud to represent and to speak on here today in this settlement.

Ngāti Pāhauwera are a confederation of hapū with historical interests in northern Hawke’s Bay. Their core interests, just so people are aware, stretch from the Ōhinepaka Stream to the Waikato River, down to the Maungaharuru Range, and north towards the Waiau River. It is a big part of Hawke’s Bay.

When we look at the Treaty claim, we see that the history behind Ngāti Pāhauwera in the northern Hawke’s Bay is really interesting. I refer to the issues they have had with land, and the way that they have, over time, been dispossessed of big parts of their whenua. I do not want to get into that today. I am one who, like many Māori in this country, certainly wants to look forward to the settlement of these claims, and put behind us those things that historically have led us to the situation that we face today. For me it is a settlement of past wrongs, allowing us to move forward. I think that that is fantastic.

The redress is significant. There is obviously a Crown apology for Ngāti Pāhauwera. There is cultural redress with the transfer of a range of titles back to Ngāti Pāhauwera, some significant financial redress—a $20 million settlement—significant settlement of land in the Mōhaka area, particularly 13 Crown properties to be vested in Ngāti Pāhauwera, and a range of other opportunities going forward.

It is a great day to be here, and a real privilege. As I said earlier in my speech, it is a real privilege to have witnessed the settlement. In closing this speech I hark back to my whakataukī, where I cited “Whakataka te Hau”. It is something to think back on. That whakataukī talks about a new beginning, a new future, ceasing the winds from the west and the south, and the promise of a glorious new day. I think that is what we are seeing for Ngāti Maniapoto, Ngāti Porou, and Ngāti Pāhauwera today. It is a real privilege to be here. Thank you very much for the opportunity to speak in this debate. Kia ora.

JOHN BOSCAWEN (Leader—ACT) Link to this

I rise on behalf of the ACT party to oppose the Nga Wai o Maniapoto (Waipa River) Bill, the Ngati Porou Claims Settlement Bill, and the Ngāti Pāhauwera Treaty Claims Settlement Bill. ACT opposes these bills as they are a radical departure from the principle of one law for all. ACT believes in fair and final settlements for Treaty grievances, which is why in the past we have sent Treaty settlement bills to select committees. However, on this occasion ACT cannot, in good conscience, do the same with these bills.

Let me first outline why ACT will oppose the Waipā River bill. Part 2 of the bill will extend a co-governance framework to parts of the Waikato River, including the Waipā River. Co-governance is an affront to the principle of equality before the law, something that ACT has championed for over a decade. The co-governance framework will provide legal mechanisms in order for Maniapoto to participate in the governance and management of the Waipā River. It will force local authorities to put in place joint management agreements that cover functions of the Resource Management Act. The activities of people who use the Waipā River are currently regulated by elected officials; if people object to the management of the river, they have the simple option of voting the officials out of office. If this bill is passed, users of the river will also be regulated by officials within Maniapoto, officials who are not elected and not accountable to the users of the river. This is not democracy; this is not one law for all.

The bad news does not end with the Waipā River bill. The Government seems intent—

Hon MITA RIRINUI (Labour) Link to this

Kāti rā, tēnā tātou katoa, kei ngā maunga rangatira, koutou rā kua takahia mai rā te huarahi kia tae mai rā koutou ki roto i te Whare nei; kia tutuki pai ai ngā āhuatanga e pā ana ki ō koutou kerēme, ā, me ngā moemoeā ō rātou kua ngaro ā-kanohi atu. Ahakoa tērā, kua tae ā-wairua mai rātou ki waenganui i a koutou, hei āta whakarongo ki ngā tautohetohe kai roto i te Whare i te rangi nei. Nō reirā, hore taea e tēnei ki te whakahua ko wai, ko wai, ko wai kua tae mai, kei mahue ake wētahi ki waho. Nō reira, kei ngā maunga rangatira, ngā wai kua rere mai, kua waipukehia te Whare nei. Tēnā koutou, tēnā koutou, hara mai, hara mai, hara mai.

[Well then, greetings to us and to all lofty chiefs who walked the path that enabled you to arrive here in this House to ensure that aspects relating to your claims are settled well and that the aspirations of those who are no longer before us are fulfilled. Even though they are no longer here physically, they have arrived spiritually to be amongst you and to listen carefully to the debates in the House today. It is impossible for this one to acknowledge each of you who have arrived here, in case someone is left out. So I say to you, lofty chiefs, the waters that flow towards us have flooded this House. Greetings to you, greetings to you, and welcome, welcome, welcome.]

I acknowledge the presence in the House today of the representatives of Ngāti Maniapoto, Ngāti Porou, and Ngāti Pāhaurewa, who have come a great distance not just today but over a number of years to see this important occasion happen in the House today. I certainly acknowledge their presence. I also congratulate the Minister for Treaty of Waitangi Negotiations on grouping these bills and bringing them to the House all at one time. It is the first time this initiative has been tried in this House, although many—none on this side of the House—were sceptical about that approach. I think their concerns can be allayed here today. I certainly congratulate the Minister on that initiative. If I have any criticism, it is not of what he has achieved today but of the slow progress he has made in other claims currently before the Crown.

Hon TAU HENARE (National) Link to this

Te mea tuatahi, ki aku rangatira, ā, tēnā koutou i ō koutou haere mai i tēnei rā, ā, ki te whakarongo i ngā rūpahu, ki ngā āwangawanga, ki ngā kōrero noa iho, nō reirā, anō te mihi, anō te aroha ki a koutou katoa. Ngāti Pāhauwera, Ngāti Maniapoto, tēna koutou. Tēnā koutou i ō koutou haere mai.

[Firstly, greetings to you, my chiefs, for coming here today to listen to mistruths, concerns, and idle talk. So acknowledgments and kind regards to you all once again. Greetings to you, Ngāti Pāhauwera and Ngāti Maniapoto. Thank you for coming.]

I will not take long with your issues, because they are straightforward and it behoves the Māori Affairs Committee to get on with the job and make sure that you are all happy with the work we have done. It is with some trepidation—

PAUL QUINN (National) Link to this

I join the other speakers in welcoming representatives of the three tribes to this House. Tēnā koutou rau rangatira mā, ngā manuhiri tūārangi, nau mai, haere mai.

[Greetings to you, chiefs of a hundredfold and visitors from afar. Welcome, welcome.]

I think it falls to me, as the final speaker in this debate, to bring together the threads of the presentations we have heard today. I start by joining all the other speakers, including the speaker from ACT, John Boscawen—although I respect his passion, perhaps one day I will be able to help him out on his misguided thoughts; none the less, I respect his passion—in congratulating the three iwi on reaching this stage. This legislation represents the 14th deed of settlement this Government has completed in 2 years. Sadly, I have to point out to my friends on the other side of the House that that is the number of settlements they achieved in 9 years. National has achieved 14 settlements in 2 years. That is a great record, which I am proud of. To a very large degree it is the reason, as I have said on previous occasions, that I stand here. I am here to help move along the Treaty settlement process and to join this Government in endeavouring to finalise and bring to an end the Treaty settlement process by the goal year of 2014. Under the outstanding leadership of the Minister for Treaty of Waitangi Negotiations, the Hon Chris Finlayson, we are well on the way, without doubt, to achieving that goal.

Comment has also been made about the fact we are dealing with three bills as one in this first reading debate, in terms of the fact they are cognate bills. I assure everyone that that does not mean that one or other of the bills will be treated with any less respect or consideration. Once this first reading is completed, each will take its own wairua into the select committee process. They will each be given full and respectful consideration separately by the Māori Affairs Committee, and when they are reported back to the House, each bill will be dealt with under its own Committee stage and second and third readings. The key issue is to get the process going, to get the process on the way, because for too long—for far too long—the iwi have had to wait to get these processes pushed through. I join with my relation Mita Ririnui in congratulating the Government on this process, because it will enable the recipients of these settlements to get on with life and take hold of it.

In that regard, I reflect on the contribution of Shane Jones, who said it was up to the iwi to take responsibility once the claims have been settled. Comment has been made in respect of the Waikato River and on how that settlement was renegotiated. What my colleague says is true, but only to the extent that it is a workable settlement. In the case of the Waikato River, I think Nanaia Mahuta said that there is no point in fixing the Waikato if we have not fixed the Waipā. That is the very reason that National, on coming into Government, had to go back to the drawing board with that settlement, and with the good grace of Waikato we were able to renegotiate it.

In that respect, I will have a little dig at my friend and colleague the Hon Parekura Horomia. It is with some disappointment that I heard over the weekend that a settlement close to my heart—namely, the Central North Island Iwi Collective adjudication process—has broken down, which is sad, because really there is nowhere to go with it now. If Mr Horomia had accepted the scheme of arrangement I put to him about 5 years ago, he would be the chief by now. But he would not listen to me. I was trying to help him; I was trying to work with him. Anyway, it is with some regret that I hear that the Central North Island Iwi Collective adjudication process is bogged down, with nowhere to go. I am sure that under the guidance of the current Minister for Treaty of Waitangi Negotiations we will find a way through. The real point is that in putting these settlements together, we have to find workable solutions.

By way of a couple of closing comments, I have to say that I was surprised at the ACT member’s contribution to the debate. As he noted towards the end, he acknowledged that his leader, Don Brash—who was on TV last week, I think—accepts that Treaty settlements have to be dealt with and that people have to get on with their lives. But I am not quite sure what he will settle with or what he will acknowledge. If, as he says, harm has been done and injustices have been done, then what will he will settle with? I think that ACT members really need to go back.

As I said, I do not want to hold up the process any longer, because it is important that these bills get to the select committee as expeditiously as possible. Again, I thank the Hon Chris Finlayson’s office and his staff for their work in bringing these settlements to the House so that we can get on and settle another three. Thank you.

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

I move, That the Māori Affairs Committeeconsider the Nga Wai o Maniapoto (Waipa River) Bill , that the committee report finally to the House on or before 30 June 2011, and that the committee have authority to meet at any time while the House is sitting (except during oral questions), during any evening on a day on which there has been a sitting of the House, on a Friday in a week in which there has been a sitting of the House, and outside the Wellington area despite Standing Orders 187, 189(a), and 190(1)(b) and (c).

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

I move, That the Māori Affairs Committeeconsider the Ngati Porou Claims Settlement Bill , that the committee report finally to the House on or before 30 August 2011, and that the committee have authority to meet at any time while the House is sitting (except during oral questions), during any evening on a day on which there has been a sitting of the House, on a Friday in a week in which there has been a sitting of the House, and outside the Wellington area despite Standing Orders 187, 189(a), and 190(1)(b) and (c).

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

I move, That the Māori Affairs Committeeconsider the Ngāti Pāhauwera Treaty Claims Settlement Bill , that the committee report finally to the House on or before 30 August 2011, and that the committee have authority to meet at any time while the House is sitting (except during oral questions), during any evening on a day on which there has been a sitting of the House, on a Friday in a week in which there has been a sitting of the House, and outside the Wellington area despite Standing Orders 187, 189(a), and 190(1)(b) and (c).