Hon Dr MICHAEL CULLEN (Leader of the House) Link to this
I move, That, pursuant to section 25(1) of the Parliamentary Service Act 2000, this House adds the following premises to the parliamentary precincts:
the parts of Bowen House, situated at the corner of Lambton Quay and Bowen Street, Wellington and described as “additional premises” in the letter dated 24 December 2004 varying the Deed of Lease dated 14 December 2001 between Capital Properties (Kingsway) Limited and the Parliamentary Corporation; and
the area of the first floor of Bowen House contained in Certificate of Title 37A/166, subject to a Deed of Extension and Variation of Lease signed and accepted on 30 November 1999 between Capital Properties (Kingsway) Limited and Her Majesty the Queen acting by and through the Secretary for Internal Affairs; and
the premises known as “the House of Representatives ex-Debating Chamber” situated at levels sub-basement and sub-sub-basement at No 3 The Terrace, Wellington on land contained in Certificate of Title WN41C/805 subject to a Memorandum of Lease B.263261.1 (Wellington Registry) dated 29 October 2004 between AMP NZ Office 1 The Terrace Limited and the Parliamentary Corporation.
TE URUROA FLAVELL (Māori Party—Waiariki) Link to this
Kia ora, Madam Speaker, the Māori Party is pleased to have the opportunity to talk to this notice of motion, particularly about the additional premises associated with parts of Bowen House. Most members of this House would be aware, no doubt, of the long association Bowen House has had with the Crown. I found out that it was named after Sir George Ferguson Bowen, Governor of New Zealand in 1867, and indeed the first Governor to assume office in the new capital of Wellington in 1868. So the relationship of the building to the House of Parliament has a lengthy whakapapa. The inevitable question we bring to this debate is how the whakapapa specific to tangata whenua—and in this case to mana whenua—is included within the scope of this notice of motion.
The parliamentary record shows that it was Bowen who appointed two Māori representatives to the Legislative Council in 1870, which was described as a sign of goodwill. And it is with goodwill also that the Māori Party asks this House to consider the significance of the Bowen House site as a potential settlement asset. Bowen House has a memorial on its certificate of title, under section 27B of the State-Owned Enterprises Act, for the full building in the claim before the Waitangi Tribunal from the Wellington Tenths Trust.
The ASSISTANT SPEAKER (H V Ross Robertson) Link to this
Would members leaving the Chamber please show some courtesy to the member trying to address it. It is a longstanding convention that members should not conduct conversations in the House unless it is necessary to do so, and then only without disturbing proceedings.
TE URUROA FLAVELL Link to this
Thank you, Mr Speaker. The Māori Party comes to this debate then, thinking of those tupuna of Te Ātiawa: Ngāti Tūpaia, Taranaki, and Ngāti Tama who were resident around Te Whanga-nui-a-Tara, the Wellington Harbour, in the 1840s. Fifty years after the signing of Te Tiriti o Waitangi, the Native Land Court determined there were 301 beneficial owners of the Tenths reserve, the Māori reserve lands based largely in urban Wellington. There are currently over 4,500 beneficial owners descended from them. The Māori Party considers that it is important to flag the interests of those owners, and that any property which has a memorial on the title—such as the additional premises on the first floor of Bowen House, be included in the scope of this motion.
The Wellington Tenths Trust is a recognised iwi authority and, as such, it is in active consultation and partnership with city and regional councils regarding development and long-term planning. One such example of their working relationship is their active involvement in the Wellington City Council’s open space naming policy, which confirms the council’s commitment to ensure that traditional Māori names are used where appropriate. It was pointed out to me that evidence of their expertise is right outside this very House in the small triangle of land on the corner of Molesworth Street and Lambton Quay. I would recommend that members, who have not already done so, walk outside this Chamber to visit the magnificent pou whenua gifted by the Wellington Tenths Trust.
That site has a fascinating history. In 2002, a member of the public asked the Wellington City Council to name the corner Anzac Corner, as that had been the colloquial name for the site in the 1920s when the temporary cenotaph was placed there. The council approached the Tenths Trust, who determined it should be named Waititi, meaning the place of shining waters. This name refers to its history as a beach front, where water seeping from Te Awa o Waipiro—Waipiro Stream—gave the sand a shining appearance. This stream connected the two pā sites: Kumutoto and Pipitea. The site is of great significance to iwi as it was a tauranga waka—a landing place for waka—and, as such, it is a wāhi tapu. Topography suggests that this beach was a significant entry point to Tinakori, Kumototo and to Te-One-i-Haukawakawa. In light of this history, and in respect of its significance, the Wellington City Council rejected the suggestion to name the site Anzac Corner, and instead it has become known as Waititi Park.
I take the time to track over this history, because it will indicate to this House our history as tangata whenua and how that is so strongly linked to our history as parliamentarians. The origins of the Wellington Tenths Trust predates Te Tiriti o Waitangi. The trust derives its source from the 1839 deed of purchase by the New Zealand Company, which promised the chiefs of the Port Nicholson district that they would retain one-tenth of the total land ceded by them to be held in trust for their heirs, forever. The Waitangi Tribunal has found that this deed of purchase was flawed. Indeed, its finding in 2003 is as follows: “The Tribunal finds that the 1839 deed of purchase was invalid and conferred no rights under with English or Māori law on the New Zealand Company or on those to whom the company subsequently purported to on-sell part of such land.”
These are substantive issues. The report of the Waitangi Tribunal into the Wellington Inquiry District—Te Whanga-nui-a-Tara me ōna takiwā—validates the history passed down through the generations. It is a story we must be familiar with before we make any decisions on memorialised properties or core Crown properties. The Waitangi Tribunal found, through its Wellington inquiry, that the Crown had in fact breached the Treaty of Waitangi on at least 70 occasions. It also recommended that tangata whenua and the Crown should enter into negotiations to seek and settle historical claims.
The Port Nicholson Block claim is about the taking of Wellington land through the various actions of past Governments. Wellington Tenths seeks, like all other iwi, a fair and equitable settlement—a settlement that honours its importance as mana whenua. Wellington Tenths is able to negotiate only for assets held by the Crown—properties such as the one currently under debate. If the properties are core Crown properties, such as No. 3 The Terrace, the trust has also sought a first right of refusal in any negotiation. It is not able to seek redress involving privately owned property. Indeed, the trustees’ stated commitment is that they do not want to act in a manner that will be detrimental to the communities in which they live.
We must never forget the history and the significance of tangata whenua. The Māori Party stands here today to ensure that properties such as the Bowen House site do not become further alienated from Māori. We recognise the deed of lease between Capital Properties (Kingsway) Ltd and the Parliamentary Corporation as signed in 2001, but we also recognise that any properties with a memorial on the title are to be considered part of any Treaty settlements. The aspirations of the Wellington Tenths Trust are that its interests in any memorialised properties or any core Crown properties are protected. Those are simple aspirations to be heard, to be respected, and to be recognised. The Māori Party is happy to take up the trust’s call. Kia ora tātou.