12. Hon TAU HENARE (National) Link to this
to the Minister of Maori Affairs
Does the Māori Trustee support the expropriation of $35 million out of the Māori Trustee’s general purposes fund?
Hon PAREKURA HOROMIA (Minister of Māori Affairs) Link to this
The Māori Trustee was closely involved in the proposal to establish the new statutory corporation, including the transfer of the $35 million, and continues to support the concept of Māori Business Aotearoa New Zealand.
In light of that answer, can the Minister confirm that the Crown Law Office has advised that “the Māori Trustee is the legal owner of the general purposes fund, and no other person can claim ownership of the assets in that fund”; and can he explain why the Minister is actually ignoring advice from the Government’s own Crown Law Office and pushing ahead with plans to steal beneficiary money out of the said general purposes fund?
Hon PAREKURA HOROMIA Link to this
There is also a Crown Law opinion that other things can be developed on the way through, and it is on that basis that we are going forward in relation to setting up Māori Business Aotearoa New Zealand, which will help Māori develop enterprise.
Louisa WallKia ora, Madam Speaker, tēnā koutou katoa. Why is the Government proposing changes to the Maori Trustee Act?
Hon PAREKURA HOROMIA Link to this
The proposed changes arise from a longstanding review of the Māori Trustee and the Māori Trust Office, along with the decisions taken in Budget 2008. They provide for the Māori Trustee better funding, accountability, and returns to beneficiaries, a significant funding pool for Māori economic development, and, in terms of Māori Business Aotearoa New Zealand, a significant funding pool for Māori economic development, independent governance and decision-making processes, and accountability to Māori for those decisions.
Given that the Māori Trustee is, by law, independent of the Crown, why, despite Crown Law Office advice that the Minister has no legal or beneficial claim to the money in the general purposes fund, is he and his Government trying to force the Māori Trustee, who said at a select committee that he does not support the taking of $35 million from the general purposes fund; why is it that the Minister is again trying to steal money through the legislative process?
Hon PAREKURA HOROMIA Link to this
I was surprised that during the select committee process the Māori Trustee said he no longer supported transferring the $35 million via legislation. But I was also interested in the press release of 23 July, where he said that at the select committee Mr Paki reiterated his support for the stand-alone agency and his agreement in principle for the proposed Māori Business Aotearoa New Zealand, and he restated his view that more work needed to occur before the entity was established.
What did the Minister not understand when Crown Law advised that “no other person can claim ownership of the assets in the general purposes fund”, or is this another case of Labour thinking it does not have to obey the law of New Zealand just like everyone else—just like the Electoral Finance Act, just like the pledge card, and just like every other law that it has broken in the last 9 years?
Hon PAREKURA HOROMIA Link to this
What is at stake here is a proposal to write off over $60 million worth of historical debt, and to introduce $19 million to improve the operational capacity of the Māori Trustee—a $4 million capital grant and a transfer, hopefully, of $35 million. It is akin to transferring from one waka to the other to help aid and abet the progress of Māori. What is the member’s policy on that?
Madam SPEAKERWhen was the Minister—[ Interruption] Oh, just give the diary back. When was the Minister given the Crown Law advice that the Māori Trustee—
Hon Trevor MallardHow is Tuku Morgan, eh? What is it like dealing with Tuku Morgan now, Trevor? Ha, ha! Never mind, Trevor! When was the Minister given the Crown Law advice that “the Māori Trustee is the legal owner of the general purposes fund, and no other person can claim ownership of the assets in the fund”—when was he given that advice?
Hon PAREKURA HOROMIA Link to this
The Crown Law advice has been there for a period of time. I also assure the member that there is other Crown Law advice, and other legal advice about what we can do in developing a fund for the sake of Māori progress.