Hon TARIANA TURIA (Minister for Whānau Ora) on behalf of the Minister for Treaty of Waitangi Negotiations: I move, That the Waitaha Claims Settlement Bill be now read a first time. At the appropriate time I intend to move that the bill be considered by the Māori Affairs Committee, that the committee report finally to the House on or before 20 December 2012, and that the committee have the authority to meet at any time while the House is sitting except during oral questions, and during the 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 outside the Wellington area, despite Standing Orders 188, 190(a), and 191(1)(b) and (c).

One of the w’akataukī of Waitaha expresses the full impact of the story behind this legislation: Kō Waitaha te iwi, he tangata ngākaurua. Waitaha was once a powerful tribe, but because of the loss of land they became fragmented and have never been able to unite again. This morning in this House we greet a new dawn for the people of Waitaha, and with it the hope of a future in which they are truly able to enjoy the restoration of their mana, in every sense of the word. So today we welcome all those who come to share the aspirations and the legacy that descend from their tūpuna, Hei and his son Waitaha. We acknowledge the breadth and depth of the rohe in which Waitaha are located, from Waimapu to Mauao, along the coastline to Maketū, and inland to Ōtānewainuku.

Waitaha kuia Hunehunga McCausland has called Waitaha the lost iwi, referring to their loss of mana and the tendency for some to follow alternative tribal affiliations. In those words, one glimpses the harrowing grief of a people dispossessed of almost all of their traditional lands, to the point where the iwi nearly ceased to exist. That sense of aching loss is overlaid by a history of confiscation—raupatu—within Tauranga, an action that the tupuna Hakaraia Mahika opposed. The Crown could not—would not—tolerate the challenge. It labelled Hakaraia a rebel and systematically initiated a process of punishment of the people from whom he was known to have come. So 145 years ago, in January 1867, the Crown destroyed the houses, crops, and livestock of the people of Waitaha, and, ultimately, took the life of Hakaraia. Using scorched earth tactics, the Crown pursued Hakaraia to his death in 1870. Even then, the punishment did not cease. The Crown withheld a large amount of land from Waitaha, confiscating a massive 214,000 acres of land around Tauranga, including land in which Waitaha had customary interests. Although the Crown eventually accepted the ancestral claims of Waitaha to approximately 25,000 acres in the confiscation district, even then it withheld much of this in payment for the sin of Hakaraia.

One of the great tragedies of this period of our national history is to realise that during the 1840s and 1850s Hakaraia, a leader and prophet of his people, preached peaceful engagement with Pākehā. The stigma of rebellion has been a heavy burden weighing over all of his descendants and, indeed, Waitaha. It is a stigma that this legislation suggests has diminished the mana of Waitaha and forced deep divisions among their own and between their neighbours.

Out of that history, then, the Crown and Waitaha signed terms of negotiation and an agreement in principle in 2008. Exactly a year ago to the day, the Crown and Waitaha signed a deed of settlement at Hei Marae. Now the story opens a new chapter, a new beginning, in which the Crown seeks to restore its own tarnished honour to mark the start of a stronger relationship with Waitaha.

The story of Waitaha became even further complicated by the involvement of the Native Land Court, which gradually but comprehensively converted customary title into individualised and permanent titles derived from the Crown. So by the end of the 19th century, Waitaha had insufficient land and resources to sustain their tribe, burdened by the systematic and merciless alienation of their own w’enua. It is an appalling history.

In this settlement the Crown seeks to recognise the extent of the harm done by offering a formal apology and initiating redress, both cultural and financial. One of the most important aspects of the action is the establishment of a $3 million education endowment fund in the name of Hakaraia Mahika, a genuine effort to restore and redeem the legacy and the mana of a poropiti and rangatira of central importance to Waitaha.

The bill recognises the process of vesting in Waitaha two urban cultural sites: a scenic reserve based on the maunga Ōtara, Maungaruahine Pā Historic Reserve, and land at Papamoa, including important pā sites. Alongside this, the settlement introduces an overlay classification, Te Whakairinga Kōrero, providing for Crown acknowledgment of Waitaha values and agreement on protection principles applying to two important mountain sites. A deed of recognition of special association of Waitaha has been agreed with five areas of conservation land among the ancestral mountains within the Waitaha rohe. There will be a statutory acknowledgment of the cultural, historical, spiritual, and traditional association of Waitaha with 15 statutory areas, including the peak of the maunga tupuna Ōtānewainuku, beds of several watercourses, including the Kaituna River, and the coastal area between Mauao and Maketū.

Letters to Ministers are included to encourage support for Maranga Waitaha to assist the social, economic, and cultural needs of Waitaha, as well as letters of introduction to local authorities. Three ministerial protocols have been agreed relating to taonga tūturu, conservation, and Crown minerals. There is commercial redress as rights over property and $7.5 million - plus interest from agreement in principle to settlement.

In the course of time this settlement will be known as a landmark for the future prosperity of these people. But the final aspect I want to focus on is the $1.3 million that is being provided for a full historical account of Waitaha and Hakaraia. In the course of preparing for this significant day, I came across a thesis that was written by a Pākehā researcher, Alistair Reese, entitled Are You Listening? The Voice of Waitaha, a Forgotten People. The thesis was predicated on the belief that most Pākehā who now inhabit the rohe of Waitaha are completely ignorant of the identity of the tangata w’enua. His view was that the impact of colonisation upon Māori was minimised by many Pākehā through a convenience of distance. Reese makes a very strong plea to all New Zealand to learn our history, to share our stories, and to reach out to understand the context that might otherwise keep us apart.

To mediate this distance I want to share one of the messages of hope in this thesis that I believe the Waitaha Claims Settlement Bill is a perfect opportunity to address. It can be seen as both a challenge and a cry: a challenge to listen and a cry to understand something of their story told through their history and their voice. Hopefully, from the microcosm of Waitaha it is imagined that those who have the ears to hear will be able to extrapolate beyond to understand some of the aspirations of other Māori who not only seek redress for the past but also grapple to define a future based upon the dignity of restored identity as tangata w’enua, the first people of the land. These aspirations require not only a renaissance of Māori vision but also an affirmation and the cooperation of all peoples. It is this affirmation that would possibly go some way to bringing healing and reconciliation to a country that is still displaying the wounds of the past and present division.

Finally, I want to recognise the key players in this legislation who have reached out to tell this story: the negotiation team of Waitaha Raupatu Trust; the governance entity, Te Kapu o Waitaha; Tame McCausland, who lodged the claims with the Waitangi Tribunal; and all those who have developed the claim and negotiated with the Crown and who have protected their waiata, reserved their memories, and treasured all that it is to be Waitaha. I acknowledge the Minister for Treaty of Waitangi Negotiations for his drive and for ensuring these stories be told.

The people of Waitaha no longer wish to be known as the forgotten or the lost people. They have risen in the spirit of resilience and reconciliation to demand a better future. We now have the opportunity to listen and to learn. I commend the Waitaha Claims Settlement Bill to this House. Tēnā tātou katoa.

Hon PAREKURA HOROMIA (Labour—Ikaroa-Rāwhiti) : Mr Speaker, tēnā koe. E mihi kau ana ki a rātou e kore i konei, ngā mea pakeke e rere atu pērā i a Jacqui Te Kani rātou mā, e tangi hoki te ngākau mō rātou. Nō reira, tēnā koe mō te rangi nui tēnei mō ngā tāngata i tae tahi ake ki konei ki te manaaki atu i ngā kerēme nei. Nō reira, tēnā tātou. E Tame ki a koutou katoa me ngā uri o te kāinga, e mihi kau ana. Tēnā koutou mō tō koutou kaha ki te tae ake ki konei.

Tautokotia atu ngā kōrero a te wahine rangatira a Tariana mō te āhua o tō kerēme. Tēnā koe mō tō kaha. Mai i te tīmata e tū atu tō koutou hoa, whanaunga a Te Ariki mā i tō taha e whai atu mō tō kerēme, i te wā nei e haere tahi atu koutou ēngari, e tae ake koutou i roto i tō koutou ake mana. Ngā uri o Hakaraia, e mihi kau ana ki a koutou. Ngā mea pakeke e kore i konei, e kāre e taea i te mau whatu o te āhua o te kerēme nei, e mihi kau ana. Nō reira, i a koutou e Tame, me tō hoa rangatira mō tō kaha i te poipoi atu te nui o tō iwi mō te tae pēnei tonu, e mihi kau ana. Kia ora koutou.

Nā te mea, i roto i a koe tautokotia atu ngā kōrero o te whaea a Tariana mō te āhua o ngā uri o Hakaraia. Mai i te tīmata o te tae o ngā hōia o te kāwanatanga, ngā tāngata pēnei tātou he Minita, e mahi porotehe atu ki a rātou. E tuku atu rātou i tō rātou whakaaro mō te wehewehe whakaaro, me te pōrangi noa iho o Hakaraia. Ahakoa e mōhio atu rātou o te hau kāinga, e kāre hoki tō rātou tangata pērā tonu, e whai atu, e mahi atu te mahi kino i tērā tangata. Tērā anō wētahi o ngā tino pou i roto i te kerēme nei hei whakatikatika atu i a rātou, hei pīrangi atu i ngā uri o Hakaraia, o Waitaha hei whakatikatika nā te mea, e kite atu koe i te tarai ki te nui o rātou. Kāre e ōrite ki wētahi i Te Tai Rāwhiti. He iwi humāria, i kite atu i roto i te kanohi o Tame, e whai atu. Ahakoa ngā piki, ngā heke o te taumaha e tuku atu te kāwanatanga ki a rātou, he tino kerēme kē tēnei mō te whakatikatika. Nō reira, e mihi kau ana ki a rātou mō tō rātou kaha. Mai i tō rātou tae atu, tō rātou tū o te mana o Waitaha, o te waka o Te Arawa, e whai atu rātou ia tau, ia tau hei whakatika atu i te taumaha e tuku atu te kāwanatanga ki a rātou.

E mihi kau ana ki te iwi o Ngāti Mākino, mai i te tīmata o te kerēme nei, e haere tahi atu rātou tata ana ki tō rātou whanaunga. Ēngari, nā tō rātou haere i runga i te huarahi, e whakaaro atu e haere pērā tonu a Ngāti Mākino, e haere pērā tonu a Waitaha. Tērā anō te mea i roto i a rātou pērā i a Rāhera Ōhio, a Āreta Gray, a Shane Ashby, Mike Nahu, me wētahi o rātou. Te mate o te mau ingoa e waiho atu wētahi i waho rā, mō rātou katoa e kore i konei, ngā pakeke e tīmata atu i tēnei kerēme. Nō reira, ki a tātou e whai kaha hei oti pai tēnei, tēnā tātou.

[Thank you, Mr Speaker. I acknowledge those, indeed, who are no longer with us; the elder ones who have passed on like Jacqui Te Kani and them. I really grieve for them. Thank you, therefore, for this great day and for the many people who have arrived here together to support these claims. Well done, therefore, to us. To you, Tame, and all the kinfolk from back home, I truly applaud you collectively, and acknowledge your efforts to get here. Thank you for your efforts to make it here.

I endorse the sentiments by the Hon Tariana in respect of the nature of the claim. I commend the efforts of the honourable member. At the beginning, your friend and relative Te Ariki, and them, worked at your side on your claim, and at this stage you are all still progressing your claim along, but you have arrived here under your own steam. I applaud you, the kinfolk of Hakaraia. As for the elder ones who are no longer here and able to witness the form of this claim, I salute you all. Therefore to you, Tame, and your good wife, in terms of your efforts to nurture the majority of your people along to reach this point in the condition they are in, I doff my hat to you both. Thank you collectively.

Because of your inner belief, you endorsed the sentiments expressed by Auntie Tāriana about the relatives of Hakaraia and their circumstances. From the very first time that Government troops arrived, as well as people whom we thought were Ministers, they protested, let them know what was on their minds, had divisive thoughts, and thought Hakaraia was crazy. As a follow-up, the ones back home thought their man was not like that at all, or was a person with evil intent. There were other pillars of real substance in this claim who kept the process on track, and who wanted Hakaraia’s kin and those of Waitaha involved where amendments were needed, because of their numbers. They were quite unlike some on the East Coast. They are affable by nature, and you can see it in Tame’s face. Despite the ups and downs of the burden that the Government will place upon them, this is a gem of a claim to amend. And so I truly acknowledge them on their efforts from the outset; their stance in respect of the autonomy of Waitaha and the Te Arawa canoe. They were involved in the amendments to the burden placed upon them by the Government, and followed this up each year.

I truly acknowledge the people of Ngāti Mākino. From the very outset of this claim they worked closely with their kin. And so when they took their campaign on the road, Ngāti Mākino and Waitaha followed suit. The ones involved from within them were pillars like Rāhera Ōhio, Āreta Gray, Shane Ashby, Mike Nahu, and others. The problem when names are mentioned is that some grown-ups who started this claim process but are no longer here are left out, because one cannot recall them. But I do include them in this acknowledgment. And so to us who worked hard to complete this process, I salute you. ]

Waitaha descend from the waka Te Arawa. Their area of interest extends from Waimapu to Mauao, along the coastline to Maketū, and inland to Ōtānewainuku—wainuku. They are great people in relation to the water that is important to them there. E mihi atu i a rātou mō tō rātou whai atu mō te ora o ngā puna i reira, mai rā nō.

[I acknowledge them on their efforts to follow it up, and on keeping the springs over there in good condition from the outset.]

Waitaha and neighbouring Ngāti Mākino commenced joint negotiations with the Crown in early 2008. Waitaha and Ngāti Mākino signed agreements in principle in 2008. Over the course of negotiation to deed of settlement, Waitaha, Ngāti Mākino, and the Crown agreed to separate negotiations. That needs to be understood as we go through the day.

There have been key figures in the negotiations, Tame and Punohu McCausland, and other people who are not here now, are people who have tramped the roads from there to here, around their rohe, to try to ensure that people understood—which is the case in my mind, having listened to them—that one of their principal concerns was the Crown’s bastardisation of the entity of Hakaraia and his rangatiratanga, and how the Crown craftily engendered that he was a rebel, he was no good, and he was worthless. It is important that we do remind ourselves about that. I want to commend the Minister for the effort that he has put into correcting that, and to thank him for that, like I always do, because he does put the effort in.

An initial deed of settlement was ratified by members of Waitaha and signed in September 2011. The Waitaha claims relate to the Crown acquisition of the Te Puke and Ōtawa-Waitaha 1 Blocks and failure to provide adequate reserves. This is one of the alarming things in the Waitaha claim: that the reserves were created, with no replacement, and not more so than in general, but it was quite blatantly ensuring that the replacement reserves were not marked; nor were Waitaha given basic governance or recognition that the reserves were taken from them. It was more than a confiscation; it was an obliteration of their rangatiratanga and their right to those reserves. That the Crown is putting that right is certainly an effort that needs to be recognised.

Native land laws and the operation of the Native Land Court—in the sense of the Native Land court history, as there are always tests with the deeds of the agents of the Crown—the Waitaha land files will tell you that Waitaha were treated in some of the worst fashion, more so than most of those who are here claiming settlements today. So that needs to be recognised and understood. This is not a claim that is just coming up because of now or because the Crown has enacted, through the Treaty settlement process, an opportunity to correct things. It is about putting right that thing that was really wrong and that has not been recognised or understood by Pākehās or a majority of Māori around this country about what was done to them.

Crown purchasing methods and the failure to ensure Waitaha received sufficient land for their future needs: apart from forced sell-offs there were also co-management plans that were sort of set up, but at the time, the main partner, the owner, was removed from it. As to the treatment of the Waitaha during the Tauranga bush campaign and the impact of the Tauranga confiscation, including the treatment of the Waitaha chief, Hakaraia, the Tauranga bush campaign was one of the most dastardly, outrageous set-tos on the tangata whenua and indigenous people in this land, and that happened in Waitaha. That it was so couched, and the way that Waitaha managed their way out of it, is all to their due credit. The Crown’s actions actually left Waitaha landless, and as part of the settlement package, as Minister Turia mentioned earlier on, there are a whole lot of issues in there. But the cultural redress and telling the story of Hakaraia is one of the base points in this settlement. There are a whole lot of points of cultural redress, but there is the restoration of the Hei Marae, and, if you have been there, it used to look like an antiquated old place, but you can see the essence of the strength of the people in it, because they have maintained it and kept it true to the shape and form as it was when it was first built.

I would like to congratulate the Waitaha negotiators and the trustees of Te Kapu o Waitaha on their patience in getting to this point. The protocols and letters of introduction to facilitate and strengthen relationships between Waitaha and the Crown and local government are important. Again, Minister Finlayson, those Government agencies—you watch them, and make sure that they come together seriously to help these people. Of course, there is more than giving them some money and there is more than giving them land or some rights—there is more than all of that. It is about correcting one of the real misdemeanours in the settlement process by the colonisers in this country.

People shudder when we suggest it, but if we do not talk about it in this House so that it is recorded and recognised that we are trying to put some of those dastardly deeds right—and again I commend the Minister and the Crown for doing that—then the story of Hakaraia will never be really readily accepted. We can inscribe it in history. We can do all of those things, but today is a great day in the sense of getting to where they need to get to, and I want to commend the people of Waitaha in relation to being here today to see the beginning of the end of this claim. Kia ora tātou.

Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) : Can I begin by thanking all members of the House for their cooperation so that we can have these extended hours today to deal with four very important settlement bills. I think it is a tremendous innovation that the Standing Orders Committee came up with at the end of last year. It has worked very well this year. What it means is that large amounts of legislation are able to receive expedited readings, and the important purpose behind it all is so that people can enjoy the fruits of their settlements much quicker than they otherwise would, because to sign a deed of settlement and then wait 2 or 3 years for the legislation to go through the House, giving effect to that settlement, is simply unacceptable.

I join with Mrs Turia and Mr Horomia in welcoming those who have travelled from the Bay of Plenty, and thank them for doing so. I thank the negotiators for their tremendous work over a number of years to reach this stage. As Mrs Turia and Mr Horomia have said, what we are doing through this settlement is addressing the historical grievances of Waitaha, which arise from wrongs and injustices suffered by that iwi at the hands of the Crown. The Crown, through the deed and the settlement legislation, acknowledges it breached the Treaty in its relationship with Waitaha.

Endeavouring to suppress the Kīngitanga, the Crown did bring war to the Western Bay of Plenty in the 1860s. This split Waitaha internally, compelling individuals and hapū to align themselves with different sides in the conflict and causing discord and enmity within the iwi, and in relationships that Waitaha had with other iwi and with the Crown.

Mrs Turia is so right that central to this claim is the prophet and rangatira Hakaraia Mahika. Hakaraia was a supporter of the Kīngitanga. He initially preached peaceful engagement between Māori and Pākehā but became involved in the conflict during the 1860s, and was the spiritual leader of the forces arrayed against the Crown at Gate Pā in 1864. Following the pacification hui of August 1864 with Tauranga Māori, Hakaraia did not surrender and thereafter was considered by the Crown to be a rebel.

The confiscations in Tauranga were unjust. Hakaraia opposed them, and in seeking to punish him the Crown destroyed Waitaha settlements and ultimately took his life in 1870. The Crown inflicted further punishment even after his death by unfairly withholding a large amount of Waitaha land. The Crown failed to protect Waitaha from the effects of the native land laws, failed to protect the interests of Waitaha in land they wished to retain, and failed to ensure that Waitaha retained sufficient land for their present and their future needs. As a result, by 1900 this iwi held approximately 2.5 percent of its former rohe. Further losses throughout the 20th century—for example, through the Public Works Act—compounded the misery.

After a period of negotiations, the detail of which other speakers have referred to, on 20 September 2011 the Crown signed a deed of settlement with Waitaha. The history that is set out in that deed of settlement, as Mrs Turia said, is very, very important, and, as with all settlements, needs to be referred to, and needs to be understood by the wider public.

I am not, in this first reading speech, going to go into the detail of the settlement redress. Mrs Turia has covered the detail admirably and there is very little that I can add to it. But I do want to say this. As with all Treaty settlements, full reparation is simply not possible. By entering into a full and final settlement, the people of Waitaha have agreed to forgo full compensation, thereby contributing to the future development of our land, and I thank them for this act of generosity.

Legislation is the last step before settlement day in addressing these historical claims. The iwi and those representing them can be proud of what they have achieved through this settlement. It creates a foundation for a new relationship between Waitaha and the Crown. At times, Mr Horomia sounds like a broken record when he—

Hon Parekura Horomia: Oh, come on!

Hon CHRISTOPHER FINLAYSON: —no, no, just listen—tells me to pay attention to local government and also to Government departments, but he is absolutely correct. These settlements are ones where fine sentiments are expressed on the day of settlement, fine sentiments are expressed in the House, the legislation is passed, and then too often people actually forget. One of the problems with the Crown is that its institutional memory is not what it should be. I repeat to him today what I have said on other occasions, that I am working very closely as Associate Minister of Māori Affairs in looking at this issue of ensuring that we do have robust and effective post-settlement arrangements that do hold the Crown to account, not this year, not next year, but in 15 years’ time. The point he makes is an extremely powerful one.

So my thanks to all those who have been involved in getting us to this stage. Now we entrust the bill to the Māori Affairs Committee. I can say this in the sure and certain knowledge that under the excellent chairmanship of my friend Mr Henare it is going to be dealt with efficiently and effectively, and I hope it will be back here very, very soon for its remaining stages.

RINO TIRIKATENE (Labour—Te Tai Tonga) : Tēnā koe, Mr Speaker. E ngā Minita, tēnā koutou. Ngā mema Pāremata, tēnā koutou. Waitaha iwi, nau mai, hara mai ki te Whare Pāremata e takatū nei, tēnā koutou. Āpiti hono, tātai hono rātou te hunga mate ki a rātou, tātou te hunga ora ki a tātou. Tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Thank you, Mr Speaker. Greetings and acknowledgments to you, the Ministers and members of Parliament. Welcome to you, the people of Waitaha, to the House of Parliament, standing here ready, welcome and salutations to you collectively. Let them, the dead, remain united there in the spiritual world, and we, the living, remain here amongst ourselves. So salutations, acknowledgments, and greetings to us all.]

I am very proud and very pleased to be standing and making my contribution at this first reading of the Waitaha Claims Settlement Bill. The Waitaha deed of settlement is the final settlement of all historical Treaty claims of Waitaha, resulting from the acts and omissions of the Crown prior to 21 September 1992. It is made up of a package that includes an agreed historical account and Crown acknowledgments that form the basis of the apology to Waitaha—cultural redress, financial redress, and commercial redress. But throughout the package and the central part of the settlement is the recognition of telling the story of, and the restoration of mana for, the Waitaha tupuna Hakaraia Mahika. No private land was affected in the redress; it is Crown land only, and the benefits will be available to all Waitaha descendants.

Waitaha are an ancient iwi that descends from the Te Arawa waka. Their area of interest and influence is from Waimapu to Mauao, along the coastland to Maketū and inland to Ōtānewainuku. By the 1840s Waitaha occupied land between Tauranga and Te Puke, and in the 1840s and 1850s Waitaha chief Hakaraia preached peaceful engagement with Pākehā. When Crown forces invaded the Waikato in July of 1863, a number of Waitaha men fought for the Kīngitanga, while some fought for the Crown. Others remained neutral. These internal divisions created some acrimony and discord within Waitaha and also the neighbouring iwi.

When war broke out in Tauranga in 1864, Hakaraia was a spiritual leader for the Māori forces that defeated the Crown troops at Pukehinahina in Gate Pā. When the Crown troops finally managed to win a fight at Te Ranga, Waitaha men were among the casualties. In 1865 that led to the Crown actions of the Tauranga confiscations, where 214 acres of land around Tauranga were confiscated. Hakaraia rose to prominence as a leader of the resistance to the survey of confiscated land. In 1867 Crown forces assaulted Waitaha settlements in Te Puke, destroying houses and crops and livestock as a special punishment for Hakaraia. Using these scorched earth policies the Crown pursued Hakaraia to his ultimate death in 1870.

The Crown opened negotiations with Waitaha for Te Puke in 1873 before the Native Land Court had determined the block’s ownership. Waitaha did not want to sell Te Puke. However, in 1873 there were rival claims over the land, which motivated Waitaha to sell part of the block. The Crown pressured Waitaha into selling more land and told Waitaha that the block would be mortgaged to the Government if they did not sell, on account of a debt owed by another claimant in Te Puke. This was the classic modus operandi of the Crown back in those days, and every time I read about an iwi or a hapū who lost land in this way I feel a real sense of shame and embarrassment in my mind that those things indeed happened.

In just about every settlement claims bill that comes before this House, I have read of Māori having to alienate land because of an accrued debt of survey lands. It seems that Crown theft and broken promises were the main weapons to alienate Māori from their land, but if that did not work, the Crown could rely on its old hoary trick of indebting Māori and then forcing them to sell to pay off the debt. By 1874 Waitaha was suffering extreme economic hardship and wanted the Crown to pay the balance of the purchase money without waiting for the title to be determined by the court. And when the Crown refused, Waitaha tried to withdraw from the sale to sell to a private party, but the Crown would not relinquish its purchase and barred private parties from attempting to acquire the land, and so the Native Land Court finally awarded title to Waitaha and the Crown purchased the rest of Te Puke over the next 8 years.

The people of Waitaha took part in many Native Land Court hearings in the 1880s and the 1890s, where, largely, the land was sold during that period. By the end of the 19th century Waitaha had insufficient lands and resources to sustain the tribe. According to Waitaha this forced some tribal members to follow other iwi affiliations. Waitaha expressed this impact in the pepeha “Kō Waitaha te iwi, he tangata ngākaurua”—Waitaha is the iwi; they are a people with divided hearts.

Waitaha was once a powerful tribe, but through the loss of land because of Crown actions, they have been unable to unite again until now, and we are seeing this through the passage of this bill and these Treaty settlements.

I just want to turn to some particular aspects in this bill, which have been touched on by the Minister as well. I am particularly impressed with the cultural revitalisation package and the recognition for Hakaraia that is contained in this bill. The funding of a $3 million education endowment fund in the name of Hakaraia and the funding of $300,000 for an accurate historical account fully documenting the history of Waitaha and their great chief Hakaraia, as well as the other contributions that are being made for the restoration of Hei Marae and the cultural revitalisation of its people—these are the aspects that are really, I believe, fundamentally important to all the iwi who come through with these Treaty settlements. It is that establishment of connection to their whenua, the restoration of mana for their tūpuna, and correcting and putting the story straight in terms of the Crown’s acknowledgments and apologies, and then all the other redress packages that accrue to the iwi as a result of these settlements.

The theme of my recent kōrero on settlement readings—and we have been putting quite a few through this House, which has been very, very enjoyable, actually, being part of this—has been this: to understand Māori whakapapa is to understand Māori history, and Hakaraia and Waitaha may never have been drawn into the wars of the 1860s had it not been for whakapapa. Some of the Waitaha were related through intermarriage to Waikato-Tainui families who had been drawn into the Kīngitanga struggle against the Crown and that formidable General Cameron, and some members of Waitaha were on the side of the Crown and so fought their relations in the field. Some Waitaha remained neutral.

This situation was not unique to just Waitaha. It was right across the Bay of Plenty and anywhere in New Zealand where the Crown forces were at war with Māori—Port Nicholson, Whanganui, Taranaki, Waikato, and in the north. In all these engagements, Māori, for one reason or another, either fought on either side or remained neutral, but Māori all across the land were being divided within their family units by the Pākehā duplicity. Once again, it is whakapapa that links these stories of different iwi, and that is why it is very historic that we are able to usher the passage of these settlement bills through the House at this time.

In conclusion, I would like to make a few acknowledgments to the negotiating team for Waitaha—in particular, Papa Tame McCausland and his lovely dear wife, Punohu, and also the other members of the team, who have made a long contribution over many years to come to this particular point. It is a historic day, so I am very proud to be speaking at this first reading of this bill. I would also like to acknowledge the Minister for Treaty of Waitangi Negotiations and all the Crown officials who have also been part of the process. I am looking forward to making my contribution as part of the Māori Affairs Committee, under the great leadership of my whanaunga Tau Henare over there. I am looking forward to awhi and tautoko the passage of this bill through the House. I commend this bill to the House. Kia ora tātou.

CATHERINE DELAHUNTY (Green) : Tēnā koe, Mr Speaker. He mihi nui ki te Waitaha iwi katoa. Tēnā koutou. I rise with great humility to speak on something so painful, so historic, and so important to the rohe from which these people come. Just to explain to them, perhaps, the reason that I as a Pākehā stand here, it is that as te Tiriti spokesperson from a Pākehā perspective what I heard this morning and what I have heard continually is that it is not just about Māori; it is about the Treaty. In Te Tiriti o Waitangi, the biggest responsibility, the Greens believe, is on the Kāwanatanga, which covers Pākehā. If we are to stand with honour and justice in this country, we have to acknowledge our part not only in history but also in any future settlements. How well this is done affects us, our honour as a people, as well. So I am very pleased to acknowledge this ancient iwi from a beautiful rohe.

Not long ago, 3 days ago, I was in that area, with those mountains to the sea, which is a critical kōrero in that area. It is a beautiful area. It is hugely developed because it is fertile, because it is rich, and because there are wonderful streams running out of the beautiful forested hills, and that is why in the past all of this took place. It was not just dastardly deeds without a context; it was dastardly deeds because they wanted the land. They wanted the land, and Waitaha were in the way. I think it is really important to acknowledge that the tangata whenua did not go through this process, this scorched earth destruction of their culture, both through the law and through the gun because there were just bad individuals who were greedy. It was about a systemic colonisation that has taken away the very mana and rangatiratanga of those people of those times, which now we are trying to rebuild in some form. I would just like to acknowledge that the people who drive this are the people of Waitaha. We as a country have reason to be grateful to them, because if we can learn their story, then we are going to be better able to live up to our responsibilities under te Tiriti.

I read with great interest—I would have loved to be on the Māori Affairs Committee—some of the historical stories of this area and of what took place. It is really, really important that we all acknowledge Hakaraia Mahika, and acknowledge that even today freedom fighters are called insurgents, as he was called, and that he and the people who fought with him were defined as rebels for standing up for their fundamental right to defend their rohe and their fundamental right to their self-determination and to fight for their very survival at a time when the Crown was hell-bent on getting this rich and fertile land and handing it over to the settlers. What we saw was a series of events, leading to a massive raupatu in Tauranga. As the Minister said, none of it can ever be put together as it was. If you look at that area, you will see that it is incredibly developed now on the plains, but the hills and the rivers are still there. As someone from Waitaha said to me recently, it is about a renaissance of a people from the rivers, from the mountains, down to the sea. So, irrespective of everything that has taken place, this is a great day to begin a renaissance for those people.

As others have said, the story of Hakaraia Mahika needs to be told, and it is really great to see the resources being applied to that through the deed of settlement and the Waitaha Claims Settlement Bill. Obviously, this story needs to be understood by everyone, and particularly, I would say, by my culture in the Bay of Plenty, because we have not been renowned in that area for a recognition of tangata whenua, let alone a recognition of our Treaty responsibilities. So we have a duty to learn that story, and I think this resource will help everybody realise the mana of Hakaraia Mahika and others involved in standing up for what is right, for being not those ethnically cleansed insurgents, in modern parlance—for being not rebels but the people of the place with a right to stand. It was very powerful to read that Hakaraia died at Waiōeka wrapped in the Kīngitanga flag that was gifted to him by Tāwhiao, and that he was standing with Te Kooti, who had also been vilified, and his descendants were also vilified. His descendants, again through some of the Treaty settlements, have asserted their mana and the rangatiratanga of their tupuna. So there is another name that must be known by all, and that is where this settlement makes a very useful contribution to that.

It is also interesting to note the role—as well as the role of the gun, which was liberally used against the people—of the Native Land Court, as others have said. It was the icing on the cake and it was, again, not some kind of random accident of law whereby the Crown thought it was doing the right thing but made a few mistakes. The Native Land Court was a deliberate strategy to create individualised title, because in the face of the strength of the collective cultures of tangata whenua there had to be a way to get that land and to break those collectives. If you read some of the dialogue of the day, they talk about Māori as communists—this dreadful collectivity that had to be broken. The real driving force again was: “How do we get the land? If these people stand together collectively in their ownership and refuse to sell it, and if we cannot kill them all, then we are going to have to find another mechanism.” So that mechanism was the Māori Land Court. That land court in this area was very successful at individualising title, which is the beginning of the destruction of unity, alongside all the violence that was used. It is really important to see in this bill the apology, and also the resources committed to places like Hei Marae. Hei Marae is a very significant tupuna in the area, and a very significant part of the Waitaha story. Also there is the recognition of the awa, because those beautiful streams that come out of those mountains are vital to the well-being of the communities. In fact, the peoples in the area, Pākehā and Māori, rely on those streams for water and the integrity of those streams. It is very important that the tangata whenua, who have mana and acknowledgment, have acknowledgment of their statutory responsibility and rights over those streams so that they are not further polluted in any way.

It is great to see that the conservation authorities will have to have recognition of the values of Waitaha. It was described to me by somebody from there as a framework for renaissance, and an assertion of the vision of integrity, cultural and environmental, from the mountains to the sea. So let us hope that everybody who is in authority in local government and national government recognises that that framework of values will benefit all of us. It is a framework of values that not only will uphold the future of the descendants of Hakaraia but also will uphold the well-being and environmental integrity and the cultural richness of the Bay of Plenty. So there is much in this not only for the people but also for the rest of us to acknowledge. I mean, it saddens me that the land is gone—so much of the land—and there is so little to give back, but at the same time the cultural redress is very significant. The educational endowment is very positive. The historical research will be excellent.

I also note interesting issues around the protocols, which I agree must never be forgotten, around taonga tūturu, and around things like minerals. I recently met some Waitaha people at a meeting around Muir’s Reef, where they are proposing to mine, and where the Waitaha people asserted very strongly that they have a critical relationship in this area and that anyone wanting to mine needs to talk to them and acknowledge that they have another vision of the integrity of their place, the integrity of water, and that relationship between the mountains and the sea.

So I commend the Waitaha people for their work, recognising this is a stepping stone and a renaissance, and hearing from people in the area that they acknowledge both Michael Cullen and Chris Finlayson for their sustained work on this issue, because this huge loss can be partially restored only if we all remember and if we all learn those stories. I commend Alistair Reese’s thesis talking about Pākehā ignorance, because if we do not admit it, we cannot learn. We have to admit what we do not know. We have to take on these challenges. This settlement, with its resources committing to cultural redress, must be adopted and embraced by us so that forgetting, which is a Pākehā cultural habit—forgetting—will not be allowed in this rohe. Waitaha tūturu, I wish them all the best in their process of this bill through the House. Kia ora tātou.

Hon TAU HENARE (National) : Te mea tuatahi, anei taku mihi ki a koutou e aku rangatira, e aku tuākana rānei, nō reira, nui atu te mihi ki a koutou katoa. I tū whakaiti au i mua i a koutou e aku rangatira, e ōku nei tuākana, nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

[First thing: here is my acknowledgment to you, my esteemed, or should I say, my elder siblings. I admire you all greatly. I am humbled to stand before you, my revered ones, my elder siblings, and so salutations, greetings, and thank you all.]

I was about to read the preamble to the Waitaha Claims Settlement Bill, until my colleague and whanaunga Rino stole my thunder. I think it is important that the historical context is actually read in the House, and so I thank my colleague for doing that.

I wanted to start off by saying that maybe we should call what we are doing here today—I know that it is called extended hours—“Treaty Settlement Day”, because, invariably, we have used the extended hours to go through Treaty settlements, and I think it is a good thing. The unfortunate thing is that there is no media in the gallery today. I want to say and put on record that it may be OK at 2 o’clock in the afternoon to run down here and see question time, but, quite frankly, you should all run down here and listen to what is going on in extended hours, especially when there are Treaty settlements going through the House.

I also want to concur with my colleagues who have pronounced their favour for the Education Endowment Fund and for funding a full account of Hakaraia. But I also want to mention a few words that keep coming up throughout history, and they are words like “scorched earth policy”. It did not happen just in the 1860s. Theft did not happen just in the 1860s. I am glad my colleague from the Green Party Catherine Delahunty talked about the individualisation of ownership of Māori land, because that there is the basis of colonisation, the basis of how to get something legally—legally in the eyes of the settlers, and legally in the eyes of the Government of the day. Given that there is an issue floating around Māoridom today, where a thousand people turned up to a hui last week, I suppose it is incumbent on us to remember that for Māori and in Māori eyes the struggle continues on a daily basis, on a monthly basis, and on a yearly basis just to try to get back some semblance of their own rangatiratanga.

I do want to use the word “genocide”, not to freak anybody out but to try to have a look at it from the other people’s point of view, rather than what we think is genocide. We think genocide is what happened in Rwanda, in Serbia, and around the world. But when we look at it, it happened here. I do not think we should today feel guilty for the sins of our fathers and mothers and our forefathers and ancestors, but we have an inherent duty to make amends. That is why I say that when we do these extended hours, mainly for Treaty settlements, we should call it “Treaty Settlement Day”, because it is about moving forward. It is about saying sorry. It is about fronting up and offering something to those people, and the Government—and we are part of the Government—and the Crown fronting up to what we did, or what our ancestors did, to these good people. It is not only about Hakaraia. It is about how they chased him to his death, but it is also about the power of the Crown and breaking up a people, breaking up a community, and breaking up a family, a whānau, an iwi, and a hapū. When you look at that in its context of what you are breaking up, then one must consider the use of the word “genocide”. I do not think that it is a word that we should freak out about. I do not think that it is a word that we should, because of its connotations, sweep under the carpet.

You will hear throughout the day various stories from various iwi, but they all really have one thing in common, and that is the break-up of a society that was working quite well. I know the romantic in me—and, yes, there is a romantic in me somewhere—says “Wouldn’t it be lovely to go back to those days?”. But then the realist in me says “No, I don’t want to go back to those days.” But what I do want to do is to be part of a Parliament that, one, says sorry to Waitaha and that we will try to make amends, and, two, says that what we offer as a settlement is a tiny, tiny little bit of what you truly deserve. It is a minuscule amount of recompense for what the settler Government did.

We have heard about the chasing of Hakaraia. We have heard, in the past, stories in this House about Te Kooti. And it goes on and on and on. I suppose, you know, when people talk about mana, in my mind complete mana is to the people who have accepted the deal, knowing full well that it is a tiny, tiny recompense in terms of whether they were compensated truly to the full worth of what went on.

I look forward to travelling to Waitaha. I look forward to travelling to listen to the stories from the people’s mouths and to why we should settle with Waitaha. I commend the bill to the House, and I look forward to the hospitality and the lunch that we are about to receive. Nō reira, anō te mihi, anō te aroha ki a koutou katoa ngā mōrehu o ngā aituā, tēnā koutou, tēnā koutou, kia ora mai tātou katoa.

[I salute and sympathise with you all, once again, the survivors of tragedies, and so salutations and greetings to you collectively. My appreciation to us all.]

BRENDAN HORAN (NZ First) : Ko Pirongia te maunga, ko Waipā te awa, ko Ngāti Hikairo te hapū, ko Pūrekereke te marae. Tēnā koutou ngā rangatira nō Waitaha. Ngā mihi tonu ki a koutou i runga i te kaupapa nui o te rā, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Pirongia is the mountain, Waipā is the river, Ngāti Hikairo is the subtribe, and Pūrekereke is the courtyard. Greetings to you, the esteemed ones from Waitaha. I particularly acknowledge you collectively on this great matter of the day. Acknowledgments to you and to us all.]

I rise on behalf of New Zealand First in support of the first reading of the Waitaha Claims Settlement Bill. Waitaha, as we have heard, are an ancient tribe with an amazing lineage of love, knowledge, and spirituality. However, their more recent history from the 1860s, although unique, also shares similarities with other iwi throughout New Zealand who have been dispossessed of their mana through the unlawful confiscation of their lands, and I must say what rich and fertile land that is. If we just look at the total amount of exports from kiwifruit in Te Puke, it was 41 percent of New Zealand’s crop for 2011. From Te Puke alone that equated to $430 million. So you see that this is obviously not about justice, but it is about providing a future. I want to say hello to the friends I have in the gallery, those of you there from Maketū, those of you there from Te Puke. There are a couple of rogues up there I have to wake up really early to beat to my whitebait possie on the Kaituna, but never mind.

But it is not easy to get here. It has been a very long journey, and there are hardships in getting here. Everybody here pays their own way, so I would like to acknowledge everybody in the gallery. Kia ora. I would also give mention to two men, and, you know, they will be embarrassed by this because there are others in their team. But I would like to mention Tame McCausland and Maru Tapsell. These gentlemen were also there assisting Ngāti Mākino to their settlement with their claim. That has also helped expedite the process here with Waitaha.

As I said earlier, this claim is not about justice but about, now, a future. One of the key ingredients, I think, of Māori is that Māori know our past. Because we know our past, when we look to the future, it is not next year, it is not the year after that, but we can set long-term, short-term, and mid-term goals. Let us look 200 years to the future, to future generations. I would like to thank Waitaha for their generosity of spirit in their settlement.

I would reiterate what the Hon Tau Henare said in that New Zealand needs to see this. These claims are an opportunity for New Zealand to come together to understand Māori’s special connection with water, with our wairua, and with our land, but also that within each tribe’s history is an amazing story. There is a tapestry—betrayal, hardship, great courage, and a great journey. I have mentioned before that if this was happening in the United States of America, there would be TV crews everywhere. They would be outside there. Movie moguls would be lined up outside the door waiting to sign up rights for the movies—of course, that can still happen. But I would set a challenge out to the media of New Zealand and to those watching on their computers and on television at the moment to learn these histories, because it is part of us. It is what makes us unique as New Zealanders. It is what binds us, that synergy, and it makes us special. We need to celebrate our history.

I would like to say to those watching, because I have received lots of letters—you know, you get the redneck letters that say Māori are getting this and Māori are getting that. Well, let me tell you that Māori are not getting billions of dollars.

The ASSISTANT SPEAKER (H V Ross Robertson): Order!

BRENDAN HORAN: Sorry. The Hon Mr Finlayson would be able to give us the figure, but I believe that the total amount of all claims, to date, in New Zealand’s history is only just touching $1 billion. That pales in significance with the South Canterbury Finance bailout, the sale of assets, and so and so forth.

But, as I said, we look forward to the future of Waitaha. We look forward to the growth and renaissance. There are still a few issues to be settled, and they will be seen in the select committee process. I refer to the several hapū who were included in the beginning in the agreement in principle, but are not in the final bill. I know that we would like to see those several hapū included, and that can be done through the select committee process. So I wish Waitaha luck through the next stages—only a small way to go. On behalf of New Zealand First and my colleagues on the Māori Affairs Committee, we will do our best to expedite the rest of this journey. Kia ora. Thank you.

Hone Harawira: Kia ora.

The ASSISTANT SPEAKER (H V Ross Robertson): The member has to call.

Hone Harawira: Tēnā koe, Mr Assistant Speaker.

The ASSISTANT SPEAKER (H V Ross Robertson): I call the honourable member, Hone Harawira.

HONE HARAWIRA (Leader—Mana) : Tēnā koe, Mr Speaker, tēnā tātou katoa e te Whare. Hoi nō he tū poto tēnei kia mihi atu ki a koutou o Waitaha, i haere tawhiti mai i roto i a mātou i tēnei rā, hei whai oranga mō ā tātou nei tamariki, mokopuna mō ngā rā kei te haere mai. Nō reira, e tika ana kia mōhio hara tēnei i te mutunga, he tīmatanga noa iho. No reira, tēnā koutou. Tēnā koe e te rangatira e kawe mai i tērā whakaahua o tō tātou tupuna, koutou anō rā e tōku iwi, ngā mihi atu ki a koutou.

Thank you very much for allowing your boy Rāwiri Wīhapi to come up to Ngāti Kurī to be our tumuaki—to help our kids. Thank you very much for allowing me to come down to Te Puke, in my bad days of riding around with the Filthy Few. Hari ana kia kite atu i a koutou i tae ora mai i roto i a tātou, tēnā koutou, tēnā koutou, kia ora tātou katoa.

[I am so glad to see that you have all arrived here safely to be amongst us, so acknowledgments and salutations to you collectively and to us all.]

Hon Dr PITA SHARPLES (Co-Leader—Māori Party) : Tēnā koe, Mr Speaker. Tū atu au ki te mihi ki te iwi o Waitaha kua tae pai mai i tēnei rāngi, nā reira tēnā koutou katoa. Tēnā koutou katoa kua tae ki tēnei Whare Pāremata ki te whakatau i tēnei kaupapa, arā, tā koutou kerēme. Tino roa rawa te hīkoi ki tēnei rā. Kua matemate mai ētahi ō koutou mai i te tīmatatanga, tae noa ki tēnei rā. Nā reira, e tika ana kia mihi atu ki a rātou kua ngaro atu, tae noa ki ngā mate o tēnei wiki mutunga, tēnei wiki, ko Jacqui Te Kani mā, ko Ben Tawhiti, ko Lesley Nathan, ko Bill Maxwell, rātou kua tukuna atu i tēnei wiki ki te kōpū o te whaea. Nā reira, ngā mate kei a koutou, ā, kei a tātou, haere, okioki pai noa.

Ērangi, ko te mea nui kua tae mai. Ehara māku e kōrero mō te whakaparahakonga i ā koutou tikanga, ō koutou iwi me te takahanga o ō koutou tīpuna o taua wā engari, tū atu au ki te mihi ki a koutou kua tae ki tēnei rā. Kua oti kē tēnā kōrero e ōku hoa nei i te Whare Pāremata engari, ko taku korero ki a koutou, kei te mōhio mātou ki te mamae kei roto i a koutou i tēnei wā. Ko te mea nui ki a au kua puta mai i ā koutou kōrero e pā ana ki a Hakaraia me rātou kua hinga mai i ngā pakanga. Tēnā te mea nui ki ahau, kia kite ai ā koutou tamariki, mokopuna, ko wai rātou. Ko wai rātou. Ka kite rātou i tā koutou hītori.

I tēnei wā, he tika tāu, e Tau, kāre he kairīpoata i konei, ahakoa he rā nui tēnei mō tātou. Kāhore rātou i hara mai ki te whakarongo. Ka haere ki te kura, ka akongia tātou i ngā hītori o Ingarangi, Amerika me ērā atu ēngari, kāre rātou e mōhio ana, ko wai a Te Whatuiāpiti me ō tātou tīpuna ko Hakaraia. Kūare tonu rātou i tō tātou hīkoi mai i te wā i tae mai tātou ki Aotearoa, e tipu ngātahi me te whenua nei. Nā reira, koinā tāku i tēnei wā, kia tū atu ki te mihi ki a koutou kua hara mai nei i tēnei rangi, kia whakatau pai tēnei kaupapa, ā, nā reira, tēnā koutou, tēnā koutou, hara mai rā.

[Thank you, Mr Speaker. I rise to greet the people of Waitaha who have arrived here safely today, and so greetings to you all. Welcome to you all who have arrived here in this House of Parliament to settle this matter relating to your claim. It has been an extremely long journey to this day. Since the beginning of it to now, some of you have passed away. Therefore it is only right that we acknowledge those ones who have died, including the deaths this weekend and this week, like Jacqui Te Kani, Ben Tawhiti, Lesley Nathan, Bill Maxwell, and them. They were the ones buried this week and departed to the designated void. So depart, the deaths, yours and ours, rest well.

The main thing is that you, Waitaha, have arrived here. It is not for me to rubbish your customs and people and to walk all over your ancestors of that time, but rather to stand and welcome you who have arrived here on this day. My colleagues here in Parliament House have covered those disparaging remarks, but I can assure you that we are aware of the hurt inside you right now. What is most important for me is that that hurt has come out in your stories about Hakaraia and the ones who died in the battles, and for your children and grandchildren to see who they are. They will see it in your history.

At this stage, Tau is right. There are no reporters here, even though this is a significant day for us. They will not come and listen. We go to school and learn about the history of England, America, and places like that, but will not really know who Te Whatuiāpiti and Hakaraia, our ancestors, are. They will remain ignorant about your journey, from the time we arrived here in New Zealand and flourished together with this land. So my contribution then, right now, is to stand and welcome you who have arrived here on this day to settle this matter well. And so, salutations and greetings, welcome aboard. ]

• Bill read a first time.

• Bill referred to the Māori Affairs Committee.

The ASSISTANT SPEAKER (H V Ross Robertson): I understand that permission has been granted for a waiata.

• Waiata