Hon Dr MICHAEL CULLEN (Leader of the House) : I move, That the Committee report progress and sit again presently.

• Progress reported.

• Report adopted.

Hon Dr MICHAEL CULLEN (Minister in charge of Treaty of Waitangi Negotiations) : I move, That the Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill be now read a third time.

Te Arawa tapu, Te Arawa mana, Te Arawa waka, Te Arawa iwi, tēnā koutou, tēnā koutou, tēnā koutou katoa.

[Greetings to you all, hallowed Te Arawa, powerful Te Arawa, Te Arawa canoe, and Te Arawa people, greetings.]

I greet Te Arawa, its mana, its chiefs, and its people. Te Pūmautanga o Te Arawa represents the largest group of people to reach a comprehensive Treaty settlement with the Crown. I acknowledge the tīpuna, and the iwi and hapū, of Te Arawa, on whose behalf people are here today, who have carried the grievances for so long. I acknowledge the presence of the negotiators and trustees of Te Pūmautanga o Te Arawa, who represent each of the 11 iwi and hapū of the affiliate Te Arawa, and I thank them once again for their perseverance and patience on the long road from the first deed of settlement in 2006 to this last hurdle for this settlement legislation.

The third reading of this bill is a significant occasion for the Crown and for the people of our country. It was the Hon Margaret Wilson who began, in December 2002, the dialogue between the Crown and the central North Island claimants on how Treaty claims in the region could move forward. With the assistance of the Hon David Caygill in the earlier discussions, that dialogue reached the stage where mandating and pre-negotiations could begin in mid-2003. After many months of intensive and thorough mandating hui, the Kaihautū Executive Council submitted its deed of mandate to the Crown in December 2003, which was duly recognised in April 2004. The Crown and the Executive Council then signed the terms of negotiation.

Since then much has happened, which has led to some delays on the road to the settlement legislation. Much of 2007 was spent considering the findings of the Waitangi Tribunal into the settlement and discussing how best to proceed. However, with the entrance into the frame late last year of the Central North Island Iwi Collective, which was much welcomed by the Crown, there has been significant and positive progress with the affiliate Te Arawa and all central North Island iwi. Te Pūmautanga o Te Arawa has made a significant compromise by passing the final decisions about most of its forestry redress over to what would be the largest forestry collective in the country, for their benefit and the benefit of other central North Island iwi. In return, the Crown has maintained and enhanced the value of the affiliate’s original settlement.

At this point I am reminded again of a phrase used by Te Pūmautanga o Te Arawa’s chief negotiator, when confronted with the idea of making major changes to the affiliate Te Arawa deal to accommodate the interests of other central North Island iwi. Rāwiri Te Whare, in his open-minded response to this proposition from the Crown, said: “we are willing to be flexible if the Crown is willing to be generous.” I think both parties performed well in that regard, given the wide range of interests and the extremely tight time frames that have been satisfied to reach this point. I also believe that this settlement can be celebrated as a well-tested, robust, and sustainable deal, negotiated with humility and consideration for the affiliate’s neighbouring iwi.

The Crown has learnt important lessons from this experience, and will be infusing those lessons into settlement negotiations into the future. The first lesson is that we can be more flexible within the policy framework around negotiations. The second lesson is that we need flexibility to deal appropriately with a whole region when we negotiate settlements within that region. Because of the success of the affiliate Te Arawa and central North Island settlements, we have been able to reach agreements in principle with Ngāti Manawa, and to begin negotiations with Ngāti Mākino and Waitaha—indeed, we expect to announce agreements in principle with those two groups in the very near future—Tāpuika, Ngāti Rangiwewehi, Raukawa, and Ngāi Tūhoe. With relatively minor adjustments made to the settlement process, we have enabled these groups to come to the table at the right time in order to ensure that their interests are protected when we negotiate with their neighbours. This is achieving major results.

The package in this settlement is substantive. In addition to the quantum of $38.6 million and the entitlement to a similar level of accumulated rentals, determined according to the mana whenua process of the central North Island collective, the affiliate Te Arawa iwi and hapū will receive a formal apology from the Crown for historical breaches of the Treaty of Waitangi, an amended financial redress package to reflect Te Pūmautanga o Te Arawa’s participation in the central North Island collective settlement, the transfer of 19 areas of Crown-owned land of special significance to the affiliate Te Arawa iwi and hapū, and redress that will enable increased input into management over Crown-owned land and protocols with various Government agencies.

I am very pleased and humbled to acknowledge all those of Te Arawa and the Crown who have worked to make this day possible. In particular I would like to acknowledge Rāwiri Te Whare, who cannot be here today because he is overseas—taking a well-deserved holiday, I hope. But I recognise the other leaders in the gallery today. Rāwiri’s tenacity and wisdom, and his leadership over the past several years, have steered the claim through some very challenging times. I also acknowledge the chairman of Te Pūmautanga o Te Arawa, Eru George.

I express my thanks to my predecessor, the Hon Mark Burton, for his commitment to seeking the resolution of Te Arawa’s claims. I am also grateful for the assistance of my colleagues, including the Minister of Conservation, who has proved flexible yet firm in defence of conservation; the Associate Minister of Finance, who has proved firm and then flexible; the Minister of Māori Affairs; and the Associate Ministers in charge of Treaty of Waitangi Negotiations. I also pay particular tribute to the Crown officials in this case—a joint move between particularly Treasury and the Office of Treaty Settlements, led by a very senior Treasury official, Mark Jacobs.

I look forward to seeing this bill becoming law, and the formal transfer of redress around the middle of next year, in tandem with the central North Island collective settlement. Settlement date for the central North Island collective is 1 July, and it is therefore planned that this bill will come into operation on 2 July. Tēnā koutou, tēnā koutou, tēnā koutou katoa.

Hon GEORGINA TE HEUHEU (National) : Te Arawa waka, Te Arawa iwi, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[To the Te Arawa canoe, to the Te Arawa people, greetings to you, greetings to you, greetings to us all.]

I greet my relatives in the gallery. This is a proud day for them, for us, and I offer my congratulations again, as I did in the first reading debate. Having been involved with this process for some years now, I know how difficult it is finally for an iwi to reach this stage, and those who are sitting in the gallery today can rightly feel proud of themselves for what they have achieved.

I want to read the text of the apology in the bill, because, obviously, without the apology it would be very hard for any settling group to move forward. Clause 8, “Text of apology” states: “(1) The Crown recognises the efforts and struggles of the ancestors of the Affiliate in pursuit of their claims for redress, justice, and compensation and makes this apology to the members of the Affiliate, to their ancestors, and to their descendants. (2) The Crown profoundly regrets and unreservedly apologises to the Affiliate for the breaches of the Treaty of Waitangi and its principles, acknowledged in section 7. (3) The Crown profoundly regrets and unreservedly apologises for the cumulative effect of its actions over the generations, which have undermined tribal structures and had a damaging impact on the landholdings and development of the Affiliate. (4) Accordingly, the Crown seeks to atone for these wrongs and assist the process of healing with this settlement, and looks forward to building a relationship of mutual trust and co-operation with the Affiliate.”

Thereupon lies the platform that enables Te Arawa to move forward from today and to do so in a new spirit of cooperation and engagement with the Crown. With that apology, the Crown, on behalf of the people of New Zealand, atones for the wrongs it has committed against Te Arawa—and that is hugely important—and to itself then restores some of the honour lost when these breaches occurred, basically starting from 1867. The Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill is the final settlement of all historical claims of the iwi and hapū represented by Te Pūmautanga o Te Arawa. It results from acts or omissions by the Crown prior to 21 September 1992, and it is made up of a package that the Hon Dr Cullen has basically put forward this morning.

It is important for all to know, particularly those within the Te Arawa area, that no private land is involved in the redress, only Crown assets. It is also important for the wider community to know that with the passing of this bill into law, the ability for Te Arawa henceforward to bring further any matter that results from the claims that are settled here, is gone. So I hope that the people of Rotorua and the wider surrounds see this as the positive step that it is, because it is positive.

Indeed, the settlements that have been in place now since the early 1990s under the stewardship of the Rt Hon Douglas Graham have proven that these settlements are not just for Māori—they are not just for the tribe that settles—they are for the wider community, and they are for New Zealanders. As I say, they are something that we all can be proud of as a small country. Other jurisdictions look to us—they are quite admiring of our efforts in this regard—and all New Zealanders can be proud.

I want to make reference to the select committee hearings. There will be those who made submissions on matters that we traversed yesterday in the Committee stage who will still be feeling aggrieved. I would like the affiliate to consider that the representatives—the trustees of this settlement—endeavour to bring into the settlement those who still lie outside of it, because, in the end, the children, the mokopuna, and the tamariki are all ours, and they all deserve to benefit. So to have some sitting to one side is of no benefit to anybody. I know that my whanaunga, some of whom are here today, will endeavour to do that—to bring into the fold of this settlement, which is a hugely important settlement, those who still sit outside it. I commend to the leadership that, for the well-being of the tribe going forward, they put those matters to the forefront of their minds once this bill has passed into law.

I am very proud to be a member of this House when these settlements go through. Indeed, the Treaty settlement process was a major reason for my entering Parliament in the first place. Now I see in the House settlements that emanate from my own area, and I am very pleased that the present Government has negotiated these. It puts me in a position where I can offer some praise and take some pride in them, without looking like I am taking any praise for myself. I know the Māori members on the Labour side understand that. This settlement will be a great boost for the central North Island, together with the “Treelords” deal, which we will be considering shortly. With the issues surrounding the Waikato River, which flows into our area—which we will also be considering later in the day—these are very huge steps forward.

I commend the Minister in charge of Treaty of Waitangi Negotiations for the vigour, the enthusiasm, the passion, and the understanding he has brought to this process in the last 12 months. I suppose I can only say that it is a pity he was not in that position earlier, and I say that without any disrespect to his colleagues who held the position before him. But this process does require passion. It requires an understanding of the complex issues involved—and they are hugely complex—and it requires enthusiasm, compassion, and a love for the people of New Zealand for these matters to move forward. Without that—without love, respect, and humility towards New Zealanders—these things are harder to achieve.

I guess the other thing that is shown here is that when the right conditions are in place the iwi will step up to the plate. I also commend Te Arawa for stepping back, albeit that in the end there was no choice given the Waitangi Tribunal findings and also actions in the High Court. But I do commend Te Arawa for stepping back to allow the Crown to go into the central North Island and negotiate the other claim—the central North Island claim—which could have been done only with Te Arawa stepping to one side and letting those interests be explored and also concluded.

So as a member of the Te Arawa waka, this is a proud day for me. I am very pleased to be here and to see this day come for the affiliate and for all of us. I wish those in the gallery well as they move forward. The hardest part is probably now as the affiliate goes forward, because now it actually has the assets, and it has the responsibility of making sure that those assets are well managed and that, more than anything, those assets accrue benefits for all the members of Te Arawa, each and every one, and especially our children and mokopuna.

I wish Te Arawa well in their journey. We are there, of course; we are all involved. I congratulate Te Arawa on their patience, their forbearance, and on staying with the kaupapa that has been pursued by tīpuna before them. No doubt if they are looking down now, they will have a big smile on their faces, and rightly so, and Te Arawa can have that as well. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

Hon MITA RIRINUI (Associate Minister in charge of Treaty of Waitangi Negotiations) :Ā, tēnā koe kai te Kaihautū o te Whare nei. He paku noa iho tāku tū, me tautoko ake i ngā kōrero kua kōrerohia i roto i te Whare i tēnei rā e pā nei ki tēnei pire a Te Arawa. Otirā, me mihi ake ki tērā o ngā kaumātua, mai rā i te iwi o Te Rōroa, mai i te Tai Tokerau nāna i tū i roto i te Whare inapō, kia kōrerohia tana kōrero whakamutunga. Nō reira, kai te rangatira Clem, te Kaikōrero Āwhina o te Whare nei, nāu nei i kōrerohia tō hītōria ki a tātau kia mārama ai tātau katoa ko wai koe, nō hea koe, he aha ngā tūāhuatanga e pā ana ki a koe? Otirā, ki tō whānau me te iwi rā o tērā wāhi a Te Rōroa. Nō reira, tū whakaiti noa iho tēnei ki mua i a koe, tēnā koe, tēnā koe, tēnā koe.

Huri atu rā ki a Te Arawa whānui tonu, mihi tonu rā ki te Ariki Nui, ki a koe e Tumu nāu nei tātau i tautoko i ngā rā kua taha ake nei. Nāu tonu i ārahi mai tō iwi mai i Ngāti Tūwharetoa kia tautokohia ngā pire e rua ka tū ki roto i te Whare i tēnei rā.

Otirā, e te Kaihautū aroha mai, kīhai hoki au kia huri atu ki te reo o Tauiwi i tēnei wā. Otirā, ko te hunga kua tatū mai i roto i te Whare nei, ā, me rātau kua haere ā-tawhiti mai, kai te tino mārama.

Nō reira, Te Arawa waka, Te Arawa tangata, tēnei rā tā koutou mōkai e tū whakaiti nei ki mua ki a koutou i runga i te kaupapa, i ārahi mai rā koutou mai rā i tērā o wā tātou rohe, mai i Maketū ki te tonga, mai i Ngā Kurī a Whārei ki Tihirau. Ko tātau anō tērā. Nō reira, mihi ake ana ki a koutou mō te mārō, me te humārie o te kaupapa nei i ārahi mai rā e koutou. Kua kōrerohia e te Minita mō ngā Take Raupatu, a Tākuta Michael Cullen, ngā kōrero katoa e pā ana ki tēnei o wā tātau kerēme. I kōrerohia e ia te hītōria, ngā piki me ngā heke i tau mai ki runga i ō koutou pokohiwi ngā taumaha kua taha ake nei. Nō reira, me pēhea rā te kōrero māku? Me pēhea rā te kōrero māku, kua oti katoa rā?

Nō reira kei ōku kaumātua, e Ānaru, e Rangi, taku tuakana, e Eru me tērā o tō koutou kaiwhakawhiriwhiri, kaiwhakahaere, kaiārahi, kaitohutohu, kaipakanga, a Rāwiri, kua whiti atu ki tāwāhi. Tēnei rā te tautoko ake i ngā mihi ki a ia mō tōna humāriatanga. Nāna tātau i ārahi i runga i te huarahi tika, kia tutuki pai ai tēnei kerēme e pā nei ki a ngāi tātau a Te Arawa. Mihi kau ana hoki au ki ngā Minita nā rātou i tautoko. Mihi kau ake ana ki te Minita Māori, nāna i kī mai ki a mātau, kia kaha rā. Ahakoa ngā piki me ngā heke, kia kaha rā ki te kaupapa o tēnei kerēme. Ā, me tēnei rā, mai rā i Te Tai Tokerau, Ngaī Takoto Te Aupōuri me tōna kaha ki te tohutohu, ki te kōhekeheke rānei, koi nā te kaupapa o tēnei tangata e āwhina nei i te kaupapa. Me te mihi anō ki tā koutou mema mai i Rotorua, ko ia rā te Minita mō Te Atawhai o ngā Ngāhere kai raro i te Karauna, a Steve Chadwick. Ko ia tētahi i tautoko. Nō reira, piri katoa mai ngā Minita i runga i te karanga o Te Arawa kia tautoko ake i te kerēme, kia tutuki pai ai.

Ahakoa ngā piki me ngā heke o ngā rā kei te heke mai, tae atu ki te waru o Nōema, ko te mea nui kua tū mai tātau i roto i te Whare i runga i te kaupapa, kua horahia nei. Me te mihi anō ki tēnā o tātau tuahine, ahakoa tana kōrero, he kōrero whai pōti, kai te pai, kai te pai, kai te pai. Tū ana ahau ki te tautoko i ngā kōrero katoa kai roto i te Whare nei. Koia rā anō, kīhai tonu tēnei ki te huri atu ki te reo o tauiwi e kī nei, ko te reo tāhae whenua, kai te pai. Kei waenganui i a tātou te wairua o koro mā, o kuia mā, ngā taonga, ngā kōrero, ngā whakataukī katoa i whakarere iho nei e rātou i te wā hei huarahi mō tātau. Nā runga i tēnei, tēnā koutou, tēnā koutou, tēnā koutou katoa.

E te Kaihautū, kīhai hoki au e huri atu ki te whakamārama i ngā kōrero, kai te pai. Waiho mā tēnei o ngā rangatira e kaha ana ki te kōrero i te reo o Tauiwi, e whakamārama. Nō reira, nā runga i tēnā, tēnā koutou, tēnā koutou, kia ora tātou katoa.

[Greetings to you, Madam Assistant Speaker. I will be brief. I endorse the previous speakers in this House in relation to this bill of Te Arawa. I would like to acknowledge that elder from Te Rōroa, from the north, who stood in the House last night to deliver his final speech. So to you, the patrician, Clem, Deputy Speaker of this House, last night you gave your farewell speech in which you gave us glimpses of your history and personal insights, your family links, and your tribe, Te Rōroa. So I humbly acknowledge you: greetings, greetings, and greetings to you.

I turn to acknowledge the representatives of the broader Te Arawa confederation; and to the noble house of te Heuheu: your support, Tumu, was crucial in making progress. You led Ngāti Tūwharetoa in support of the two bills passing through the House today.

I plead your indulgence, Madam Assistant Speaker: I will not speak English. I know that the people present, including those who have come a distance, understand clearly my words.

To the ancestral canoe of Te Arawa, to the people of Te Arawa, I stand here, your servant. You have left your lands that stretch from Maketū to Tongariro to attend to this matter. And to my other people of the territories that stretch from Ngā Kurī a Whārei ki Tihirau, I greet you and praise the strength and the dignity you have displayed. The Minister in charge of Treaty of Waitangi Negotiations, Dr Michael Cullen, has spoken comprehensively on this claim. He gave a comprehensive history of this claim and the burdens you have carried down through the years. What can I possibly add? It has all been said.

To my elders Ānaru and Rangi, to my kin Eru, and to your negotiator, manager, leader, guide, fighter, Rāwiri, who is currently overseas, I support previous statements attesting to his gentle demeanor. He led us on the right path to achieve completion of this claim for us, the people of Te Arawa. I would like to thank the Ministers involved—the Minister of Māori Affairs, who urged us to be steadfast in this claim, no matter the trials and tribulations; and to this member from the north, from Ngāi Takoto and Te Aupōuri, who advised and chastised us to achieve more; and lest we forget, your local Rotorua member of Parliament, Steve Chadwick, the Minister of Conservation, who gave her support. It can be said, the Ministers of the Crown came together in response to the call of Te Arawa to support the claim to its completion.

Regardless of the ups and downs in the days to come, including 8 November, the main thing is we stood in this House to support the bill presented here. I acknowledge our sister; although her speech was merely chasing votes, it is good. I support all the speeches here in the House. I will not speak English, the language, it is said, of one who steals land. The spirits of the elders have come amongst us—their treasures, their stories, their sayings show the path to follow. So on that note, greetings to you, greetings to you, and greetings to you all. ]

Hon PAREKURA HOROMIA (Minister of Māori Affairs) : Tautokotia ngā kōrero i kōrerotia atu a tō tātau Tākuta a Dr Cullen mō te āhua o te kerēme nei. E mihi kau ana i a koe e Michael, Georgina, Mita, me ngā kanohi Māori i konei e whai atu ā muri a te take nei. Tēnā koutou. I a koutou e Hōri o Raukawa, e mihi kau ana, tēnā koe. E Bill i a koe me tōku whanauanga kai te noho tata ake anō i a koe, i a koutou o Ngāti Manawa, e mihi kau ana. E Rangi, e Ānaru, e tautokotia ana ngā whakaaro o Eru mō tērā tangata e kī atu a te tākuta nei, kua rere haere ake anō ki Itāria. E mōhio ake anō tātau. Nō reira, e mihi kau ana ki a koutou katoa o Te Arawa. Me koutou e Matt mai i Tūhoe, tēnā koutou. Tēnā koutou mō tō koutou kaha ki te whakatū ā muri a wēnei. I a koutou hoki o Ngāti Whakauē, me a koe e Te Ariki Nui e Tumu. Tēnā koe. Tēna koe mō tō kaha mai i te hui tuatahi mō ngā iwi katoa, mō tō kaha, tō āhua tū pakari pērā i a rātou o Te Pūmautanga. Nō reira tēnā tātau.

He nui atu ngā whakaaro mō te āhua o tēnei pire. I tū kaha te āhua o te pakihi, o te umanga me te pai o te oti pēnei tonu. Nō reira tēnā tātau.

[I support Dr Cullen’s comments regarding this bill. Congratulations Michael, Georgina, Mita, and others who will follow me. Thank you. Greetings, Hōri of Ngāti Raukawa, and to you, Bill, and my kin sitting near you, and all of Ngāti Manawa. To you, Rangi and Ānaru, I support the praise by Dr Cullen for the other leader who has gone to Italy for a holiday—congratulations, Te Arawa. And congratulations to you, Matt and Ngāi Tūhoe, on your work; and also to Ngāti Whakaue. Mention must be made of Tumu te Heuheu. Thank you for your strength and persistence, right from the first pan-tribal meeting—similarly, Te Pūmautanga. Thank you all.

There is so much more that I could say about this bill. The business and commercial sides are sound; this matter has been completed satisfactorily. So greetings to us all .]

Yesterday one was feeling an urgent need for tomorrow, and we are here today in yesterday’s tomorrow. It is certainly a great time and a great day for Māori to celebrate. Along with Dr Cullen I recognise the greatness of the Māori leaders who have had the wherewithal to make sure that this has happened. They have decided and defined how to take this forward, along with the Crown. I commend the leadership of Dr Cullen, and I commend Mita Ririnui and Mr Jones for the effort they have put into it, and all members of Parliament.

Just to reiterate what Dr Cullen has said, I say this is a great day for all New Zealanders. The fact that Māori have played a key role in it is something that we need to recognise, and the fact that at times the off-line kōrero gets out into space is another issue. We are here today, which will be all of the tomorrows as we go forward—the future for Māori.

I recognise Te Ariki Dr Tumu te Heuheu’s leadership, not just his paramountcy but the leadership that is recognised by a whole lot of Pākehā in this country. He is as elaborate and successful as any corporate leader, but being the rangatira that he is, he is, of course, better in our Māori hearts and minds, and I commend him for that.

I recognise Wira Gardiner, Matt te Pou, and all of the officials from the Office of Treaty Settlements, from Treasury, and from Te Puni Kōkiri for the effort they have put in. And, of course, I recognise myself and everybody else from the Crown who has been involved. Nobody says that, so I thought I would suggest it. I also recognise the rest of the Māori faces, my friend Tau Henare, and these ones over here—te Rōpū Māori. I want to mihi to koutou e Rangi, Ānaru, e Eru.

You know, it takes a lot of stomach—guts, in the ground language—to step back, to step aside, so that people can step within to step forward, and that is what has happened. This process has helped a whole lot of people to step forward, and for that it will be etched in history. The great deeds done through the foresight of the leadership will be remembered by the mokopuna of all these great iwi. This leadership stands alone and stands alongside the better leadership in this country. For that I commend these people, and I commend the bill to the House. Kia ora tātou.

CHRISTOPHER FINLAYSON (National) : As my colleague Georgina te Heuheu said, National supports the third reading of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill and congratulates all those who have put so much work into it. I believe that above all this bill is evidence of statesmanship by the affiliate, which has shown a huge willingness to compromise. As the Minister rightly said, huge generosity of spirit was shown by the affiliate’s leaders throughout this entire process. That has resulted in this settlement and the central North Island settlement, which we will consider shortly. I have always enjoyed my meetings with the leaders of Te Arawa. They are principled and they are patient, especially in the face of delay and disappointment. To paraphrase what a former English judge said of himself—probably incorrectly—they have every Christian virtue except resignation; they have soldiered on very well. A third reading is not the place for reviewing the mistakes of the past. Now we must all move forward in a spirit of generosity.

I do not think I need detain the House for very long in reporting to it what the Committee stage of the bill yielded. There were a number of amendments, which, I believe, improve the bill. The first, which should cause large numbers of the public to be more relaxed, concerns public access. A number of clauses have been inserted to emphasise the fact that public access is to continue and public right-of-way easements will be granted. There are a couple of other minor changes in the first Supplementary Order Paper, and another was tabled yesterday by the Minister to make a minor change to clause 12, dealing with the definition of affiliate historical claims. I agree with what he said in the Committee stage. Probably, in legal terms, the addition of new subclause (5), to deal with the issue of airspace over Rotorua airport and the neighbouring marae is unnecessary, but for avoidance of doubt it is good to include it.

I, too, like my colleague, want to refer to the apology, because I do not believe that the acknowledgments and the apology should be regarded as pro forma statements in the bill; I believe they are very important indeed. I particularly refer to clause 8(4) of the apology, which emphasises the fact that the Crown seeks to atone for the wrongs that are referred to in the acknowledgments, and looks forward to building a relationship of mutual trust and cooperation with the affiliate. It is one thing to acknowledge the failings of the past, and it is another to atone for them, but it is very important to work together to build a relationship of mutual trust and cooperation with the affiliate in the years to come. I say that because, in my opinion, there have been a number of Treaty settlements where the Crown has signed the deed, the legislation has been passed, and then sometimes the mistakes of previous times begin to be committed again because people have forgotten there is a new relationship, and there is an obligation on the Crown to act according to the terms of the deed and the legislation. In this legislation there are many positive obligations on the Crown, which it is obliged to carry out.

So the emphasis is on atonement, and I certainly hope that in the years to come, as the deed is given effect to, there will be proper notice made of what has been done in the past, and the mistakes of the past will not be repeated. As my colleague said, Treaty settlements require good faith on both sides. They require compromise, patience, and enthusiasm—what I would say is a kind of “We’re all in this together” kind of approach—and that has certainly been evidenced here. The last thing we need in Treaty settlements is arid legalism and obsession with process. I believe that that is why, at times, things have gone off the rails, but I think we are probably on the right path again.

I congratulate all those present on their achievements. I know that those in the gallery will forgive me if I single out one person, my former partner at Bell Gully, Roger Drummond, with whom I have worked on Treaty matters in years gone by. I know how much he enjoyed working on this matter. It was not just another brief but a real opportunity to play a part in the future of this country. I congratulate him and his team on all they have done.

National supports the third reading of this legislation. It is a great day for Te Arawa iwi, and we certainly hope we shall have the opportunity to work with them in the future.

PITA PARAONE (NZ First) :Ā, tēnā koe Madam Assistant Speaker, ā, tēnā tātou o te Whare nei. Engari, i mua i te haere tonu, e hiahia ana au kia tautoko ngā mihi i mihia atu ki a koe e te rangatira, e Clem, i muri mai i tō kōrero mutunga inanahi. E hiahia ana au kia mihi atu ki a koe mō tō kaha ki te ārahi i te Whare i te wā e noho ana koe ki runga i te Tūru o te Whare nei. Nā reira, ngā mihi. Ko te tūmanako ngā manaakitanga o Te Runga Rawa ki runga i a koe me tō whānau hoki. Nā reira, tēnā koe.

Nā, ka huri aku mihi e Madam Assistant Speaker ki ēnei o ngā rangatira i tau mai i te hau kāinga, mai i ngā waka e hia rānei engari ko te mea nui, ngā whanaunga. Nā reira i runga i te āhuatanga o ēnā kōrero, hiahia ana kia mōhio mai tēnei Whare ahakoa, e hore kau i taka mai ngā hua o tēnei pire ki runga i a au mai i Ngāti Hine engari e tika ana, kia hakahuangia te whanaungatanga ki waenganui i a mātou o Ngāti Hine, ki a rātou kua tae mai nei. Nā reira koutou ngā rangatira kua tai mai nei, ka nui taku mihi nā te mea, nā koutou i kawe atu tēnei kaupapa kia tae pai ki mua i te aroaro o te Whare nei, i te rā nei. Nā reira, ka nui taku mihi ki a koutou, pau te kaha.

[Greetings to you, Madam Assistant Speaker, and to us of this House. Before I continue, I would like to endorse the acknowledgments made by other members to you, Clem Simich, the chief, at your valedictory speech yesterday. I commend your work and leadership as Deputy Speaker of the House. May the blessings of the Almighty above be upon you and your family.

Madam Assistant Speaker, I turn now to greet the leaders present in the House; they represent many tribes, but have come together in kinship. I would like the House to know, although this Ngāti Hine person will not receive benefits from this settlement, it is right to proclaim the kinship ties between Ngāti Hine and the tribes here. I applaud you, the leaders; it was you who progressed this matter to this stage where the House is considering the bill today. I therefore admire you and your efforts greatly .]

On behalf of New Zealand First, I join with previous speakers to express our sentiments of welcome to our esteemed guests who have been responsible for bringing this bill to the stage we are debating today and who will be responsible for subsequent bills that we will be debating further on.

I took the opportunity to acknowledge the Hon Clem Simich, given that this is probably his second to last day here in the House, and to acknowledge the work he has done in bringing order to the House whenever he has sat in the Chair you now occupy, Madam Assistant Speaker. I acknowledge that not only because of his long service but also because of the fact that he is from Te Tai Tokerau, and is affectionately known as a “gumdigger”—nā reira e te whanaunga, tēnā koe. But I digress.

I stand in support of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill, and I say that this is a very, very important day, not only for the affiliate hapū and iwi of Te Arawa but also for us as a nation. I feel privileged to be part of this debate, and part of what will form the overall history of our country. This has been a long journey for the affiliate Te Arawa iwi and hapū. It has come not without sacrifice, and I think it is only right that we acknowledge Rāwiri Te Whare and his team. I personally acknowledge all of those who have led the discussions and the negotiations that have allowed this bill to come before the House at this time. They have, I believe, exercised great patience.

When we talk about settlements, there is always the question of whether the settlement has been fair. I again quote the comments that Rāwiri has often made during this whole process: “Is this a just settlement or is it just a settlement?”. We know that however hard we might try to ensure that there is a fair and just settlement, circumstances are such that the claimants invariably make some sacrifice. But that sacrifice is made willingly, in the final analysis. Initially, and rightly so, there was some objection, but at the end of the day the claimants left the table knowing that they had represented their people to the best of their ability, and that they had the task of taking back to their people what had been offered to them. They have done that. Quite clearly, as a result of the support they have been given, we are now discussing the Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill in its third reading.

Of course, there will always be members of the iwi and the hapū who will have a different view. I think the good thing is that that is their right. Having expressed that contrary view, it then becomes incumbent on the leadership of the hapū and the iwi to assure those who have expressed some disquiet about the settlement that what they have been able to receive is the best they could have received, and, more important, to explain how the benefits of that settlement will filter down to the beneficiaries. If the leaders feel it has been a major task for them to get to this stage, I would suggest to them that they have a greater task not only to ensure that the proceeds from the settlement are managed in a way that is beneficial to the hapū and the iwi but also to manage those proceeds so that beneficiaries are able to receive the benefits of this settlement.

I understand that the chairman of Te Pūmautanga o Te Arawa is overseas. I suggest that the process of settlements is a little bit like politics. We know that when leaders of political parties disappear overseas, and once the task has been achieved—or has not been achieved—when they come back they find themselves replaced. I hope that is not the case for Rāwiri. But that is one of the tasks the current leaders will need to address, and I know they will. That task is to ensure that the proceeds from the settlement are managed well and to the benefit of their beneficiaries, that they are able to grow the settlement proceeds, and that they are able to distribute them in due course to their beneficiaries.

I conclude by saying that, as for all good leaders, it is advisable for leaders to look behind them, from time to time, to ensure that the people they purport to lead are still there. If they are not, their leadership comes into question. I have no fear about the leaders’ awareness of the task that lies before them. It is one thing to get the quantum from the settlement; it is another to be able to manage it to best advantage for their people.

Nā reira e tātou mā, koutou ngā iwi, ngā hapū o Te Arawa, ka nui ngā mihi ki a koutou. Ahau nei nā, nō Ngāti Hine, kei te totohe tonu mātou i tēnei rā, tino kaha ana tōku pūhaehae ki a koutou. Engari, e pai atu tēnā. Waihotia wēnā kōrero ki a au. Engari i tēnei wā, nā koutou te rā, nā reira, tēnā koutou, tēnā koutou, huri noa ki tēnei o ō tātou Whare, kia ora mai anō tātou.

[So to all of us, to you the people and subtribes of Te Arawa, huge greetings to you. I in particular of Ngāti Hine, who are still disagreeing with each other today, really envy you. But that is fine. What is happening among us remains with me. But at this point in time, the day is yours, so greetings to you, greetings to you, and greetings to us all throughout this of our buildings. Thank you.]

SUE KEDGLEY (Green) : Tēnā koutou, tēnā koutou, tēnā koutou katoa. On behalf of the Green Party, I too welcome the representatives of Te Arawa who are here today in Parliament on this historic day. The Green Party, like others before us, acknowledges that the bill is a historic settlement bill, and we are very pleased to support it. It is by far the biggest Treaty of Waitangi settlement with the Crown, involving 170,000 hectares of central North Island forest, and is significantly bigger than previous large settlements, including the Tainui settlement, the Ngāi Tahu settlement, and the Sealord deal. Indeed, some have referred to this as the “Treelords” deal, and there are similarities. Its income is derived from harvesting rights in the first instance, and although it does lay out a process for establishing mana whenua at some time in the future, in the meantime ultimate ownership of whenua is left undetermined.

The bill vests ownership of 86 percent of the central North Island Crown forest land, and the accumulated rentals of $222 million held in trust by the Crown Forestry Rental Trust, plus ongoing rentals, in the Central North Island Iwi Collective. These funds will be divided up among iwi collective members according to a percentage formula, and, in addition, Māori foresters will benefit from the emissions trading scheme.

So it is a significant outcome with significant economic benefits for many Māori, and, according to the bill, eventual ownership of the land will be determined on the basis of mana whenua in accordance with tikanga Māori. There is no dispute that negotiating this settlement is very, very significant. We give our respect to the negotiating team, such as Tumu Te Heuheu and others, for their very long and tireless work in negotiating this settlement.

The Green Party does, however, have a concern, which has been alluded to by previous speakers, that some small iwi and hapū can feel they are grist to the mill in a settlement process when there is a desire by the Government to negotiate a large settlement in a specific time frame. There are hapū and iwi for whom this bill constitutes a loss of land and mana, and we are concerned that the Government’s Treaty process enables breaches to continue, and that as a result no Treaty settlement is truly full and final or, indeed, can be felt by all to be truly just.

Nevertheless, the Green Party supports this bill. We acknowledge the enormous amount of work, effort, and determination it has taken on the part of iwi to bring it to this point. We congratulate those who have secured the settlement, and we also acknowledge the significant concerns that continue to exist and cannot be denied. We will continue to advocate for a Treaty breach settlement process that is determined by Māori rather than the Crown and that is therefore inherently more just. We wish Te Arawa and all of those iwi and hapū involved in this settlement the very best of luck for the future, and we acknowledge them on this historic day.

TE URUROA FLAVELL (Māori Party—Waiariki) :Tēnā koe, Madam Assistant Speaker, kia ora tātau e te Whare, tātou kua hui mai nei i tēnei rangi hei tāpiritanga kōrero. Tāku i te tuatahi i mua o te tīmatanga mai o tēnei kōrero, kei te tautoko i ngā mihi ki te mema o te nota, e Clem. Ko koe tērā i kōrero nei, i kauhau nei i tō kōrero inapō. He rawe tonu te whakarongo ake ki ō kōrero e pā ana ki tō noho i te Whare Pāremata. Me mihi ki a koe, me tuku i a koe ki te haere i runga i te huarahi i whakarite mai ai e koe mōu. E ngā iwi o te kāinga kua tau mai ki te Whare Pāremata i tēnei rangi, nau mai, haere mai. Ehara i te mea e tika ana kia riro mā Te Arawa anō a Te Arawa e whakatau, nō reira, me waiho ngā whakatau ki nga kaikōrero i tū i mua i a au. Me kī kua ea ngā mihi, ko tāku he tautoko.

Kei te mōhio tonu au he rangi whakahirahira anō hoki tēnei mō koutou katoa te hunga kua tau mai i te rangi nei. Me pērā ka tika. Ka hoki ngā mahara ki ngā tau kua hipa ki te hunga kua ngaro. Nā rātou tēnei take i ārahi i te wā i a rātou, arā, ko Manuhuia tērā, ko Whakahuihui tērā, ko Pinda tērā, arā noa atu, arā noa atu.

E koro mā, e kui mā, hoki wairua mai. Whakarongo ki te ia o te kōrero, ki te matū o te kōrero me te tūmanako ia kua wātea koutou ki te kī, kua ea. Kei te mōhio tonu mātou, he ara tāpokopoko, he ara tīkoki te ara i haerea ai e koutou. Pēnei i te āhuatanga i pā mai ki tō tātou tupuna a Tamatekapua, me āna mahi pūremu i te haerenga mai ki Aotearoa nei, kua heke tā koutou waka ki roto i te Korokoro o Te Parata engari, pēnā anō i a ia kua puta te waka ki te whai ao, ki te ao mārama. Me kī kua ū te waka ki uta. Nō reira me mihi ka tika.

Ā, tēnā, ka pātai au i te pātai, he aha te take kua tau mai koutou, tātou ki konei i tēnei wā. I haere mai tātou i hea? Ko tōna tikanga, he whakatika i te hē te mahi. I hara te Karauna, i kōkirihia ngā nawe ki mua i te aroaro o te Taraipiunara o Waitangi, kia riro māna ngā take e wānanga, kua kī mai pea te Karauna, kua rahi, me whakatau i te nawe. I whai koutou i tēnei huarahi, ka mutu ngā kōrero i te rangi nei, kua ea te take mō tēnei wā. Engari, kāore pea wētahi i te mōhio mō ngā uauatanga.

Kua puta te nawe nā ngā mahi ā te Karauna. He mahi whānako te mahi, he mahi tinihanga te mahi. Ko te kooti ā-ture nei tētahi o ngā mea i te pūtake o ngā raru. Ko ētahi o koutou kua rongo i te āhuatanga o te Public Works Act. E pērā anō hoki mātou o Ngāti Rangiwewehi. I ngaro te whenua, i noho kore whenua te iwi. I te pērā i Ōkere, i Ōrākei Kōrako ka mutu, ko te whenua tonu o Ngāti Uenukukōpako, arā, kei korā te taunga waka rererangi o Rotorua ināianei. Kei a mātou o te Pāti Māori tētahi pire hei whakatikatika i tēnei mahi, ā, ka kōrerohia tērā i te hokinga mai ki te Pāremata hou. Hei whakamārama ake, kei te kī ake mātou, ko te whenua kua tangohia e te Karauna mō ngā kura rānei, mō ngā rori rānei engari, i te roanga o te wā, kua huri te pūtake o te tuku ki take kē, me whakahoki ki te iwi nō rātou tērā whenua, me tētahi utunga me kī. Koi nei tētahi take nui nei ki a mātou o te Pāti Māori.

Ko tēnei mahi o te whakatau i te raru rānei, i te nawe rānei ki tāku titiro, he mea hōhonu nei ki a tāua te Māori. Ko ētahi ka whakapau i te kaha, ka whakapau moni, ka noho i te mokemoke, ka noho i te rangirua, ka noho i te riri. He aha ai? Ko taua kāhui, he mōkai nō te iwi, he ringaringa mō te iwi. Ko ētahi pea, kāore e kore ka ruku ki te hōhonutanga o te take, ka tata toremi nā runga i te whakapono he nawe kei konei, me pakanga i te pakanga mō tōku iwi te painga, mō aku tamariki. Ki tāku mōhio, kei te pērā ētahi o koutou, kei te pērā hoki ētahi o tātou. He mahi uaua, he mea whakapau kaha. Mō te hunga i pērā rawa kia kitea mai i te rangi nei, ka nui ngā mihi. Ka kore e whakahua ingoa kei mahue ake i tētahi, kei kī mai pea wētahi, kei te mihi au ki a au anō. Waihotia ngā mihi ki a tātou anō mō te kāinga.

Arā anō ētahi take kāore anō kia tutuki noa, hoi anō koi nei te kōrero o wētahi i te hui o te komiti whaiti i Rotorua. Tuatahi mō Ngāti Whāoa. Kia mōhio mai koutou, kua tae mai tētahi tono a Te Rūnanga o Ngāti Whāoa kia tangohia ō rātou ingoa i te pīre. Nā ngā tikanga o te Whare nei, kāore tērā i whakaaetia. Engari, ahakoa tērā he take ka puta ā tae noa ki te wā, ka tau te rongomau. E aroha atu ana.

Ka rua, i tae mai te tono a Te Maru o Ngāti Wāhiao ki te kī, he iwi tonu a Ngāti Wāhiao, he whenua anō ō rātou, i te pīrangi rātou kia tū motuhake engari kia tū, ki te taha o Tūhourangi. I puta anō hoki tēnei take i te hui a te komiti whāiti. Ko tā rātou, āe, he uri rātou katoa nō Tūhourangi pēnei i a au o Ngāti Rangiwewehi, a Ngāraranui, a wai ake o te kāinga engari, ko Tūhourangi anō a Tūhourangi, ko Ngāti Wāhiao anō a Ngāti Wāhiao. Āe, kua moe tētahi ki tētahi, āe, kotahi tonu te kapa haka, kotahi tonu te tū engari, i te noho āwangawanga rātou kei ngaro te mana motuhake o Ngāti Wāhiao ā-iwi nei. Ehara nāku ēnei kōrero engari, koia nei te tono.

I rongo a Rangipuawhe Maika i te kōrero nei, ā, i tere tonu tana whakautu ki te pātai a Tau Henare rāua ko Pita Paraone. Ko tāna, āe, kāre he paku raru ki te kī, Tūhourangi me Ngāti Wāhiao i roto i te pire nei. Mō mātou o te komiti i te harikoa. Kāore mātou i te pīrangi ki te whakatau i ngā take o ngā iwi engari, mō tēnei take i te harikoa mātou. I puta te tono, i whakaaetia te tono e tētahi waha kōrero matua o Te Pākira, o te tupuna nei o Wāhiao, kātahi te mahi pai. Nō te wiki i muri tata mai i hoki mai te kōrero ki te komiti whāiti, kāore ētahi i whakaae. Ehara i te mea, me waiho ake mā mātou e whakatau, kāo, engari he take tonu. Ko te tūmanako ka ata tirohia tēnei take ā te wā. He take nui i te mea, e hāngai tonu ana taua take ki te pire ka tae mai ā kō ake nei mō te Whakarewarewa, me kī mō te puia.

Nā Ngāti Uenukukōpako te karanga anō ki a mātou ki te tuku i tētahi tāpiritanga ki te pire, kia kore te pīra e whakararu i tā rātou kerēme mō te taiao i runga ake o te taunga waka rererangi. Nā te Pāti Māori tētahi i tuhi i whakarite engari, i rongo te Minita mō te take nei, ā, ka takatūria e ia he Pepa Whakatau Tāpiri hei tiaki i tērā huarahi ki a koutou Ngāti Uenukukōpako.

Mō Ngāti Tūkiterangi. I rongo mātou nā te wareware nā te hapa rānei, kāore taua hapū i roto i te pire. Nā te Minita anō tērā i whakatika, nō reira, ka pai wōna taringa, i rongo i te kōrero. Nō reira, me whakanui ka tika. Ka hoki atu ētahi pānga whenua ki roto o ngā ringa o te iwi. E ai ki tāku rongo, e rua tekau mā whā ngā pānga whenua ka hoki ki te iwi.

Ko Te Whakarewarewa tērā, ko ngā whenua o Rotongata tērā, o Rotoatua anō hoki. Me pērā ka tika. Arā anō te pātai, he aha te roto mēnā kārekau he wai o roto? Kei a koutou te tono tuatahi mō ngā hua a te Karauna mēnā e hiahia ana a ia ki te hoko. Ka pai anō hoki tērā. Nō reira, mahia te mahi. Mahia te mahi mō te painga o ngā kāhui iwi kia taka ngā painga ki te wāhi e tika ana.

E Te Pūmautanga o Te Arawa, nō koutou tēnei rā i te taha o wētahi atu o ngā iwi kua tau mai i te rangi nei. Kei te aroha ake, kāore tōku rahinga i tō koutou taha engari, kei te pai. Kei te kōrero te Minita ki a Ngāti Rangiwewehi rātou ko Tāpuika, ko Waitaha, ko Ngāti Mākino. He rā tōna pea, ka tutuki pai ngā take katoa mō tātou katoa o Te Arawa.

Me pēhea hoki a muri ake nei? Kei a koutou te tikanga. Kua ea te wāhanga ki te Pāremata, kei a koutou ināianei. Hoea te waka kei aku rangatira. Ka hoki au ki raro i a Tiheia, ki te mimi o Pekehaua ki reira whakatika ai i tōku waka, kia noho anō te niao o tōku waka ki te taha o tō koutou waka. Kei te pērā anō hoki ētahi atu iwi o tātou. Kia eke ki tērā wā koia te whakatinanatanga o te kōrero, whaititiri ki te rangi, Te Arawa kei raro.

He kupu whakamutunga, kei te mihi ki ngā Minita, nā koutou te take nei i akiaki, i kōkiri. Ki a koe te Minita Tākuta Maikara Karana, ki a koe Parekura Minita o ngā Take Māori, kia koutou tō kāhui ki a Mita rāua ko Shane, kāre he mutunga mai o ngā mihi ki a koutou, i kaha nei ki te whaiwhai haere i tēnei kaupapa ki tōna mutunga. Kai aku rangatira, ka nui te mihi ki a koutou, tēnā koutou, tēnā koutou, huri noa i te Whare i tēnei rangi, tēnā koutou katoa.

• [An interpretation in English was given to the House.]

[Greetings to you, Madam Assistant Speaker, and to us all of the House, gathered here today to add to the debate. The first thing before I begin this address is to endorse the accolades to the member of the north, to you, Clem, and your valedictory address last evening. It was wonderful to listen to you as you went over your time in Parliament. I acknowledge you and wish you well in what you have planned to do. To the tribes from home who have arrived at Parliament today, welcome. It is not appropriate that Te Arawa greets itself, so I will leave the welcomes to those who have spoken before me. So I say the greetings have been dealt with and I am happy to support them.

I know that this is a great day for you all, the people who have arrived here today. And it is a great day. I reflect on the years that have gone by, and those who have passed on. It was they who led the way in their time, and I speak of Manuhuia Bennett, of Whakahuihui Vercoe, Pinda Pirika, and others.

Return, all of you, to this occasion. Listen to the debate and the depth of discussion, and I hope you can all say it is now finished. We all recognise that this has not been an easy journey that you here today have travelled. Our ancestor Tamatekapua, as we know, when on the trip from Hawaiki, committed adultery and descended into the whirlpool of Te Parata. Like him you were able to come out of the whirlpool to the world of light, and continue on the journey. So it is appropriate that I acknowledge you.

Now I want to ask what the matter is that brings us all here at this time. Where have we come from? In theory we are here to right a wrong. The Crown did wrong, a case was taken to the Waitangi Tribunal to consider, perhaps the Crown said: “Enough, let us settle the grievance.” You followed this path, discussion is now finished today, and the issue is put to rest at this point. But many may not be aware of the difficulties.

The grievance has come out of the deeds of the Crown. There have been theft and deceit. The courts of the land are one of the factors behind the grievances. Some of you may well have heard of the Public Works Act, just as we of Ngāti Rangiwewehi have. The land was lost; the people lived landless. It was like that at Ōkere, at Ōrākei Kōrako, even to the lands of Ngāti Uenukukōpako—that is, where the current airport stands. We of the Māori Party have a bill to deal with this matter, and it will be debated in the next Parliament. To explain, we say that land taken by the Crown for schools or roads, perhaps, but that over time has been used for some other purpose, should be returned to the people who lost the land, with compensation. This is a high priority for us of the Māori Party.

The matter of settling of claims has some significance to us as Māori. Some give their all, use their own money, experience loneliness and unsureness, perhaps anger. Why? Because they are the servants of the people. Some perhaps dive so deep into the issues that they almost drown, in the belief that if there is a grievance, one should fight the fight for the betterment of our people, of our children. As far as I know, this is the case for some of you. It is difficult work; it is draining. For those in that category, congratulations. I will not name individuals, in case I leave some out, and in case some accuse me of patting myself on the back. I will leave that for us when we get home.

I need to say that there are some unsolved issues, or at least this is what we were told at the select committee hearing in Rotorua. First, in regard to Ngāti Whāoa, you need to know that a submission has arrived to us from Te Rūnanga o Ngāti Whāoa asking to have the name Ngāti Whāoa removed from the bill. Because of the rules of the House, these moves were ruled out of order. Despite that, it is an issue that will continue until things are sorted out.

Secondly, a submission was received from Te Maru o Ngāti Wāhiao to say that they are in fact an iwi in their own right, they have land and they wish to stand separate, yet beside Tūhourangi. This issue was also raised at the select committee process. To them, yes, they are all descendants of Tūhourangi, just like myself of Ngāti Rangiwewehi, like Ngāraranui and others from home, but Tūhourangi is Tūhourangi, and Ngāti Wāhiao is Ngāti Wāhiao. Yes, there has been intermarriage, and, yes, there is one culture group, they do stand as one, but some are concerned that the rights and sovereignty of Ngāti Wāhiao will be lost. This is not what I said, but it is in the submission.

I heard Rangipuawhe Maika in his quick response to the question from Tau Henare and Pita Paraone. He said, yes, there is no problem with referring to Tūhourangi and Ngāti Wāhiao in this bill. Now, we did not want to enter inter iwi issues, but on this matter we were very happy. The request was made to uncouple, it was agreed to by one of the senior speakers of Te Pākira marae, and Wāhiao, the ancestral house, and that was great. The week afterwards, we received advice that some had not agreed. It is not as if we can settle this now, but it is an issue. My hope is that this matter is dealt with shortly. This is an important matter because it affects a bill that will be presented shortly about Whakarewarewa.

Ngāti Uenukukōpako also asked us to add an amendment to the bill to ensure the bill would not compromise their claim over the airspace above the airport. The Māori Party wrote an amendment, but the Minister had heard about the matter and prepared a Supplementary Order Paper to protect your interests for you, Ngāti Uenukukōpako.

I move to Ngāti Tūkiterangi. We heard that through forgetfulness or just as a mistake, this hapū was not in the bill. The Minister also fixed that, so his ears are fine and he did hear the call. So it is appropriate that we celebrate. Land will be going back to the people.

From what I understand, 24 pieces of land will be returned from around Whakarewarewa, to the lake beds of Rotongata and Rotoatua as well. That is appropriate. There is still the unanswered question: what is a lake without water? You have the first option on Crown assets if they choose to sell. That is great. So go for it. Do what you have to do for the betterment of the people.

Te Pūmautanga o Te Arawa, this is your day along with other tribes. I am saddened that my tribe are not with you, but that is fine, because the Minister is talking with us along with Tāpuika, Waitaha, and Ngāti Mākino. A day will come when all of us of Te Arawa will have our issues settled.

So where to from here? That is up to you, now. The part for Parliament is complete—it is on you, from now. Paddle the canoe. I will return to Tiheia, to the water left by Pekehaua to prepare our canoe so it can lie at the side of your canoe. Others are doing the same. When that day comes it will be the embodiment of the saying: when lightning strikes, Te Arawa will be below.

In conclusion, I acknowledge the Ministers and the work you have done to move this matter and the negotiations along: the Hon Dr Michael Cullen, and the Hon Parekura Horomia, Minister of Māori Affairs, as well as the Hon Mita Ririnui and the Hon Shane Jones. Your efforts to bring this matter to its conclusion are greatly appreciated. So to you, my leaders, greetings to you, greetings to you, and greetings to us all throughout the House today, greetings .]

JUDY TURNER (Deputy Leader—United Future) : I stand to speak in support of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill. United Future supports and congratulates Te Arawa iwi and hapū for achieving this settlement. We wish them well as they chart a positive way forward, better resourced to do so. We also support the relational aspects of the settlement, which see the Crown acknowledge and apologise for taking too long to respond to the grievances, acknowledge the failure to protect tribal structures, and acknowledge the failure to protect the interests of the iwi and hapū when purchasing land. We also note the new gratefulness that sees the Crown acknowledge the generosity of Te Arawa in gifting land of scenic significance to the nation, and their contribution and faithfulness as Treaty partners. Someone once explained to me that Māori back into the future, mindful of lessons learned in the past. I think this bodes well for the handling of this settlement. We thank Te Arawa for their graciousness and patience, and we acknowledge those who did not live long enough to see this day. We have great pleasure in supporting this bill’s third reading.

Hon TAU HENARE (National) :Te mea tuatahi, mihi au ki a koe e te kaumātua o te Whare nei, Clem. Mihi kau atu au ki a koe me tō whānau, me ō koutou kōrero i roto i te Whare nei inapō.

[The first thing for me is to acknowledge you, Clem, elder statesman of this House. Greetings to you and your family, and for your words in the House last night.]

Acknowledging Clem Simich and his speech in the House last night, I am reminded of some Hansard I read 80 years, or rather from 80 years ago—I was going to say I read it 80 years ago, but I am not that old. My great-grandfather stood in this House and referred to the Dalmatians as Austrians.

Hon Dr Michael Cullen: They were at that time.

Hon TAU HENARE: They were part of the Austro-Hungarian Empire. I acknowledge Clem for both his Dalmatian side and his Māori side.

This settlement has been a long time coming. It has suffered a few speed wobbles on the way. If I look back at the first reading debate on this bill, which happened on Tuesday 24 June 2008, I see that it is actually a very, very short period between then and now. So I take this opportunity to congratulate members of the House and members of the Māori Affairs Committee, which I think is the best select committee in the whole House. I congratulate my colleagues from all sides of the House.

I want to mention very briefly the apology, the issuing of protocols, the vesting of certain properties, and the provision for whenua rāhui, amongst other things that are in the bill. One would expect those things in a Treaty settlement bill, would one not? Is it enough in terms of the quantum, and in terms of the return of land taken, mana taken, and so on, and so forth? Only time will tell. I am a believer that in this case, as in other cases, Te Arawa mana is intact and always has been. It has never been taken away from them, as we are so wont to talk about in Treaty settlements.

An issue arose out of the select committee, which I want to respectfully impress on the affiliate, and that is the coupling of Tūhourangi Ngāti Wāhiao. Many people in this House over the past 24 hours have told me and the House that it may not be appropriate for Parliament to be the adjudicator in that. If that is right—and I am in no way questioning that—then maybe the next step for the affiliate and those who are not too keen on the settlement is to work towards some sort of agreement and future with each other, rather than all the argy-bargy.

Just before a third reading speech, one is inundated with faxes and emails saying “Do this! Do that! Don’t do this! Don’t do that!”—all sorts of things. Although it is lovely to hear from so many people, the third reading speech should be about celebration. It should be about how proud the iwi and, I think, the House should be. But there should also be recognition of what a sad day it is—the process over the last 150-odd years has got us to where we maybe should have been 150 years ago. As a city slicker, as a born and bred second-generation Māori out of Ōtara—

Hone Harawira: Hī hā!

Hon TAU HENARE: Only another person from Ōtara would say that. So to my whanaunga, my tuakana, Hone Harawira, I say kia ora.

I ask that we city slickers are not forgotten. Let us not forget about those who may not be as knowledgable about where they come from. There are a whole lot of them living in Auckland, and there are a whole lot of them living in Wellington. There are even people of Te Arawa descent living in Christchurch, for goodness’ sake, and in even in Dunedin—and all over the country. So please do not forget—I hate the words “urban Māori” because there is only one sort of Māori and that is Māori—those Māori who live in urban areas. Please do not forget them.

Here is a little wiring diagram. I am sure the House is au fait with wiring diagrams as of the last couple of months—[Interruption]—and I say to Ron that he will not win the Māori vote. First of all, there is the Government. It takes a hell of a long time to screw out of the Government what is got out of the Government, whether it be an apology, whether it be money, or whether it be the return of land. Then that goes down to the iwi reps, and for a while the iwi reps are all happy because they have a cheque, they have a title to some land, and they have other things as well. So the reps are happy, and they go off to their little trust boards and say: “Righto boys and girls, what are we going to do about this? What are we doing to do with what we’ve got?”.

The next step down on this diagram is the people: the mums and dads, the aunties and uncles, the brothers and sisters. It does not really matter where they are from or what sort of walks of life they come from; they will always whakapapa back to the iwi. I am reminded of a term that the Rt Hon Winston Peters used successfully 10 or 15 years ago. He talked about the trickle-down theory and about the fact that it was not working. There was a trickle down, but it did not get down to the people it was supposed to get to.

I implore those who are in front of us today on this happy occasion to make the trickle down work. I ask them to make it work for all those people who make up the bulk of the iwi. It is not the trust boards and the rūnanga who are the iwi; it is the people who are the iwi. So I ask that we make an effort to see whether we cannot get this trickle down into a bit of a flood for those people who really need it. I am not saying for a minute that iwi take the responsibility of Government in fixing up all the social ills, the education ills, and so on, but I say that there are people out there in need of help in terms of the cultural paradigm, so please help those people, and particularly those people in the cities.

I want to give a special mention to Dr Cullen—and coming from me that is pretty big. He has had the sort of passion that can get things moving. I said in my first reading speech that I could not say that about the others, so I will not. But I say to Dr Cullen that it has been a pleasure to watch and be part of the process that he has involved himself in. Kia ora.

• Bill read a third time.

• Waiata; haka; karanga

Hon Dr MICHAEL CULLEN (Minister in charge of Treaty of Waitangi Negotiations) : I move, That the Central North Island Forests Land Collective Settlement Bill be now read a third time. Greetings to the Central North Island Iwi Collective. It is remarkable that today we have arrived at the third reading of this bill, which embodies a historic journey and settlement. One of my favourite pieces of modern classical music is by American composer John Adams, and it is called Short Ride in a Fast Machine. By Treaty standards, this bill has been a short ride in a fast machine. On this journey I have acknowledged—as I do again today—the iwi of the collective, who have done so much to make today a reality. I particularly acknowledge the leadership and the initiative of Te Ariki Dr Tumu te Heuheu. His leadership in helping the Central North Island Iwi Collective to author an innovative response for settling the historical Treaty claims of the iwi in the collective of the central North Island forests land cannot be overestimated.

I thank each of the iwi of the collective for their leadership, their innovation, and, above all, their noble desire to work together and breathe new life into their relationships with one another—new life that is conceived in goodwill, and is a shared hope for the future. Therefore, I honour each of the iwi in turn: Ngāi Tūhoe Ngāti Manawa, Ngāti Tūwharetoa, Ngāti Whakaue, Ngāti Whare, Raukawa, and the affiliate Te Arawa iwi and hapū. I stand firm in my conviction that their children and the generations that follow them will honour their work in this settlement and the bill that we are passing today.

I also acknowledge the presence of representatives of Ngāti Rangitihi, who at the moment are not part of the collective, but who, I am told, had a very fruitful and good meeting at the weekend. I am hopeful that Ngāti Rangitihi will meet the Christmas deadline for being back within the collective and for being part of this settlement.

This settlement has been a journey from disunity to unity. The recent journey of the collective iwi to settle the historic claims over the central North Island forests land has not always been a united one. Central North Island forests land constitutes an asset of significant cultural and commercial value to a variety of iwi—iwi, however, whose collective cultural, historical, and spiritual interests are complex, fluid, and overlapping. So the forests land is potentially a source of division amongst the iwi, and, indeed, between the iwi and the Crown.

Division amongst both the central North Island iwi themselves, and the iwi and the Crown, reached a low ebb through 2006 and 2007 over the proposed transfer of some of these lands to the affiliate Te Arawa iwi and hapū. In 2006 the New Zealand Māori Council, the Federation of Māori Authorities, and others raised concerns about this redress through litigation in the High Court and the Court of Appeal. In 2007 the Waitangi Tribunal held an urgent inquiry into the impacts of the Crown’s forests land settlement policy on the Te Arawa waka and other central North Island iwi. But out of this disunity came unity. The Crown and the iwi of the collective heard the call of the Tribunal, which recommended that the iwi create a forum that would enable these iwi to determine amongst themselves the principles and other guidelines that would help determine how the central North Island forests land should be allocated.

The key initiative, as I said, was taken by Dr Tumu te Heuheu. Mark Burton was still the Minister in charge of Treaty of Waitangi Negotiations at the time. I remember having a discussion with Mark about what we should do in response to the initiative that Tumu was taking. I remember saying to Mark at the time that I thought we had about a 20 percent chance of success in achieving the goal but it was worth it, despite the fact that there had previously been, I think, three failures to achieve such a collective approach. By March I upped that estimate to some 50 percent chance of success, and here we are at the end of September with 100 percent chance of success, and, indeed, 100 percent support in the House.

All historical Treaty claims must be settled on the bedrocks of durability, good faith, finality, and fairness. Such claims must also be settled with a clear end in view. A time will and must come when the Crown and Māori live as partners under the Treaty: not restoring a broken past, but moving forward together into a healed future. It is for these reasons that the Government seeks to settle all historical Treaty claims by 2020. That target is realistic, but very hard to meet. The current pace will need to be maintained over the next decade.

The bill before us sets out a settlement that contains two elements that are vital to achieve this end. Each element is embodied in the unique way the collective and the Crown have found themselves playing their own roles. The collective, as the claimant group, has authored a proposed settlement, which it has put before the Crown. The Crown has worked with the collective to develop its proposal by adopting a flexible approach in applying the Crown’s existing policy frameworks. Put differently, the Crown has sought to achieve a settlement that, although not wholly consistent with existing settlement processes, remains fundamentally consistent with its key policy principles of durability, good faith, finality, and fairness. This approach must continue in order for us to settle all such claims by 2020.

The settlements have provided another lesson about the Treaty settlement process for the future. The Government has recently sought a regional approach to negotiations, rather than a large natural grouping approach. That is proceeding in the far north—with, again, surprisingly high prospects of success, which have increased only within the last couple of weeks or so—and, of course, at the top of the South Island. The Crown is seeking more and more, where possible, to negotiate with multiple groups in a common geographical area. This settlement shows that such a regional approach can work.

This settlement will provide significant opportunities for the iwi and the collective. These opportunities have birthed a further opportunity for the Crown and the iwi of the collective to work together to develop those opportunities as Treaty partners in a healed and restored relationship. The development of those opportunities will, in time, give new economic and social independence to the people of the collective iwi—an economic and social independence denied to past generations that will not be denied to future ones. At its deepest level this settlement is therefore not about restoring mana whenua, important as that is; it is about restoring the mana of the parties themselves to this settlement. To this end, this settlement—as do all settlements—embodies and echoes the deep principles of tikanga. He aha te mea nui o te ao? He tangata, he tangata, he tangata.

[What is the most important thing in the world? It is people, it is people, it is people.]

I emphasise that this is a comprehensive settlement of the Crown forests land issue. It is not a comprehensive settlement of all the claims of the iwi within the collective. There is much still to be done in that regard, but already out of this process have come other processes. As I indicated in the debate on the third reading of the Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill, I expect to be able to announce soon the successful conclusion of agreements in principle with Ngāti Mākino and Waitaha. We are in the process of negotiations with Raukawa and Ngāi Tūhoe.

Today is a very important weigh station on our journey. This is a historic settlement, and, indeed, I think it is the first time that we have done two settlements in one day, in terms of the final stage of legislation. We shall move on to a third final settlement at the conclusion of this bill—the third reading of the Te Roroa Claims Settlement Bill—and then on to two first readings of Treaty settlements. So this is an extraordinarily important day indeed. The rest of the journey for the iwi in the collective whose comprehensive claims have not yet been settled begins tomorrow. Thank you very much.

Hon GEORGINA TE HEUHEU (National) : Ā, e aku koroua, aku kuia, e ngā whaea, e ngā papa, e ngā tamariki, mokopuna, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[So to my elders, men and women, aunties and uncles, children, grandchildren, greetings to you, greetings to you, and greetings to us all.]

I am very proud, once again, to be here in this House when such a unique settlement comes to pass. And, of course, I should raise the issue that my children, and my grandchildren—hopefully one day—are likely to benefit from this settlement. But it is not that, obviously, that makes me proud. It is that the iwi of the central North Island have finally stepped up to the plate, and that with great leadership shown on both sides—on the side of the Crown and of the iwi—we come to the third reading of the Central North Island Forests Land Collective Settlement Bill.

It is a unique settlement and deserves to be recognised as such. It provides a platform for a new approach, I think, to other Treaty settlements that are iwi-based but may in some certain circumstances span several iwi, and that is why the settlement is unique. It spans several iwi in the central North Island in this case. It brings them together over an interest that concerns them all, and, as Dr Cullen has rightly said, it is limited in that respect to the assets under the Crown Forest Assets Act 1989, and in that the historical settlements of each of the iwi involved in the collective are still to be addressed—that is the next part of this big job that faces an incoming Government.

I take on board the comments that Dr Cullen made about the momentum that has been generated on Treaty settlements in the last wee while. If both sides of the House are committed to an earlier settlement of all historical claims rather than a later one, and although we have different dates in mind, National certainly appreciates the fact that the momentum that has been generated must be picked up by an incoming Government after the next election. National members certainly give our undertaking that we will do that, and we recognise clearly that something that takes so long for both the iwi and the Government to get to deserves to be kept moving at pace. We will certainly do that, should we be privileged enough to take the reins of power after the election.

This settlement addresses only claims that relate, as I have said already, to the Crown forest licensed land in the central North Island and had its genesis in the Crown Forest Assets Act. It brings together, into one collective, several iwi or tribes. They are Ngāi Tūhoe, Ngāti Manawa, Ngāti Tūwharetoa, Ngāti Whakaue, Ngāti Whare, Raukawa, and the affiliate of Te Arawa—the House has just passed their claims settlement bill—and with the option for Ngāti Rangitihi to be brought into the collective, if that is desired by them and if it can be achieved. The option is certainly there; that is a unique aspect as well. The coming together into one collective is unique; an achievement not to be lightly passed over. Those of us who are involved in matters such as this, know how difficult it is for iwi to come together, even though there might be whakapapa relationships that span across all of them. This particular group of iwi have endeavoured to reach some kind of accord for some time—over a decade—so it is no mean feat that, finally, they have come to the table. They have managed to conclude a settlement, and, as I say, with energy on both sides, and commitment and a certain passion, and real leadership, that settlement has been achieved.

This bill makes provision for the vesting of the central North Island Crown forest land and the transfer of accumulated rentals in that land to an iwi holding company and that company has a huge responsibility facing it. It will enable those assets to be allocated to the iwi named in the settlement in terms of the land claims. The bill sets out the principles and processes by which the allocation of the lands is to be achieved. That is also a unique development, and that is set out in schedule 2. It is a tikanga-based resolution process for the central North Island forest lands, which, as I say, is something new in regard to land and is also unique in that not only was the settlement proposed by the iwi but also this resolution process, which basically calls upon the iwi themselves to take steps to share, or allocate, the land according to mana whenua, generally speaking. The Government has no role in that, and that is to be commended. Quite frankly, no one outside of the iwi concerned will have a better appreciation of how land should be allocated, other than the iwi itself.

This legislation presents great opportunity but also great responsibility. We were in the Committee stage on this bill yesterday and some comments were made about the responsibility that will pass to the iwi in making sure that fair processes are employed and that fair outcomes are achieved, and that there is a record of the proceedings that will progress the allocation of the lands. In the end we want to ensure that future generations will be satisfied that these things were done well, they were done properly, and that there will be no need for anybody to question, in the future, any of the outcomes. I commend this bill. It is a unique and absolutely wonderful development, but, as I say, it will take great leadership to ensure that allocation proceeds on the basis that everyone will accept, not just now but into the future.

The other thing that is unique, and I have mentioned it already, is that the iwi themselves brought this proposal to the Government. My hope is that in other regions, groups of iwi still to settle will see this bill as a basis that might be helpful for them. Indications from colleagues on the other side of the House, and particularly from the Hon Mita Ririnui yesterday, are that other regions, other iwi, are already looking to see whether they can come together in similar collectives to settle interests that are common to all of them. If that is the case, if this bill has been a springboard for that kind of development in the Treaty settlements process, then all the more reason why this claims settlement bill is so significant. For that alone, I congratulate the iwi. Even though this is my family sitting in the gallery, too often we do not give each other credit where credit is due, and I want to do that now, and do so now—

Pita Paraone: That’s what true whanaungatanga is.

Hon GEORGINA TE HEUHEU: Thank you. It is a wonderful development, and if we can keep the momentum going with those new initiatives, then I can see very clearly that we can look at a day, quite soon, when historical grievances can be put behind us.

This is a great day not just for the iwi of the central North Island but for New Zealanders. I am proud to be part of a country that has developed a process that genuinely addresses historical grievances of the indigenous peoples. Today the House will deal with five settlements bills, so this is a very neat day, particularly for Māori MPs in the House. It is a privilege to be here. It is a great day for the Parliament. It is a day when we can be assured that the honour not only of the iwi but also of the Crown is being restored. As I say, I am very privileged to be part of that process. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

Hon PAREKURA HOROMIA (Minister of Māori Affairs) :Ki a koutou i tae kaha, i tae tahi i te rā nei, e mihi kau ana. Ahakoa kua mihitia atu ngā mihi, e tika ake anō ki te mihi ake anō ki a koutou katoa. E Hōri mō ngā patopato o te wai o Raukawa, e mihi kau ana. Kai a koe e te whanaunga e Hēmi, kai a koe Bill, e mihi kau ana. Ki a koe tōku whanaunga, ahakoa e noho ake anō koe i roto i te maru o rātou Manawa, kaua koe e wareware anake mō tō whakapapa o Te Tai Rāwhiti, tēnā koe. E Ānaru, e Rangi, e Eru koutou katoa, ngā kaiwhakahaere, ahakoa kāre i tae atu ki te Pīhopa, e mihi kau ana ki a koutou, Hēnare, tēnā koutou. Ki a koutou o Tūhoe, e mihi kau ana ki a koutou katoa. Tēnā koutou. Nā te pai hoki e kite ake anō koutou e tū kaha ā muri ā te take nei. Nō reira, ki a koutou o Ngāti Whakauē, Ngāti Whare, e koutou, e mihi kau ana. Ki a koe Te Ariki e Tumu, tēnā koe. Tēnā koe mō tō kaha e mahi whakawhitiwhiti a te tino take nei. Ki a koutou te hoa o Rangitihi, kia kaha, kia māia. E rekareka ana ki te rongo ki te kōrero o te Tākuta nei a Michael, mō tō koutou nohotahi. Ahakoa ngā piki, ngā heke, e rite ake anō tērā ki te mahi a tauiwi i a rātau mā. Engari, kia kaha kei tae tahi ai tae noho pai ki te taha o wēnei e kōrero atu mō te āhua o te rākau. Nō reira ki a koutou katoa, tēnā koutou.

[To those who have travelled from afar to be here, congratulations. Although the formalities have been completed, it is right that I acknowledge you. Greetings, Hōri of Ngāti Raukawa. To my kin Hēmi, and you, Bill, congratulations. Hēmi, you have lived many years with Ngāti Manawa, but do not forget you come from the East Coast. Commendations to the leaders Ānaru, Rangi, Eru, and Pīhopa, although he could not attend today. Greetings to you and your group, Hēnare, and to the people of Ngāi Tūhoe. This bill will prove resilient and effective now and into the future. Congratulations to Ngāti Whakauē and Ngāti Whare. I extend acknowledgments to the leader, Tumu te Heuheu, for his strength in the development of this bill. To my friends of Ngāti Rangitihi, be strong, be steadfast. It was good to hear Dr Cullen talking about your stance. Despite the trials and tribulations, non-Māori are no different from us, they have similar disagreements amongst themselves. Be strong. We hope in time you will stand side by side with others of the collective. So congratulations to you all.]

I stand in support of the Central North Island Forests Land Collective Settlement Bill. The central North Island forestry settlement gives effect to huge steps forward for Māoridom, as Dr Cullen has pointed out. Through his able leadership and through the great leadership sitting in the public gallery we have come to a better place for this nation. If we are serious about talking about nationhood, then this surely is a great example for other people to watch, to ponder over, and to take cognisance of as to the way that we can get to a better place, even where there are difficult ups and downs.

I was very pleased to see that the bill passed its first reading with overwhelming support from the House, and I say to the other Māori faces in Parliament and to all members of Parliament: “Thank you for the support.” It was also pleasing to see that the majority of the submitters to the Māori Affairs Committee were supportive of the bill. The bill provides for the transfer of approximately $200 million worth of forest land and over $200 million worth of accumulated rentals to the iwi of the central North Island. This is significant for two reasons. First, the commercial assets will provide a solid base for the iwi involved to participate in real and sustained economic development, in the same way that this Labour-led Government has led and sustained the economy. The fact that we still stand strong as the rest of the world is struggling is certainly testament to Dr Cullen’s ability to keep the books well-balanced, and enables the nurturing of Māori to play a more positive and an active part in that economic development.

Secondly, the transfer of those assets has been key to settling the historical Treaty claims of the iwi involved. In giving iwi a platform to develop their economic assets, this settlement will benefit the whole country. It is really, really important to understand that a lot of these iwi do know how to manage their assets. They understand clearly the fundamentals of the macro and the micro, and of the future opportunities that will be available to them, in relation to the timber to be exported, milled at home, or whatever. Dr Cullen mentioned the weigh station. Well, when the truck pulls up at the weigh station to weigh those Māori logs, those Māori trees, it will be a great thing to celebrate. Certainly today that is the reason why we are here—to celebrate the participation of the Central North Island Iwi Collective, and its ownership.

It is pleasing to see that Pākehā New Zealanders are generally supportive of this bill. The collective is to be praised for agreeing to preserve current public access. I remind the members who are here in the House of all the doom and gloom that was preached about what would happen when this great asset was passed over to Māori. The fear that was brought about by scurrilous gossip from other members—

Hon Tau Henare: Ha, ha!

Hon PAREKURA HOROMIA: —such as the one laughing over there, was outrageous—outrageous! I say that it is certainly great, and it is a privilege and an honour to sit amongst like minds, who understand that Māori do know how to manage assets and that they want to create a succession plan that is real for the future generations, who are about to come and take part in this development.

Some of the submitters had concerns; the kaupapa was that they thought that the settlement would not happen. Dr Cullen, with the support of the House, has certainly brought us to a better place. In negotiating the central North Island settlement I was impressed with the spirit of generosity that iwi displayed towards each other. It is an example that other organisations, whether they be Pākehā or other people, could take a lesson from on how to get themselves sorted. There is a little bit that still needs to be sorted, but it is encouraging to hear that a lot of effort was put in at the weekend. The central North Island collective leadership is to be commended.

Hon Georgina te Heuheu: Who wrote that speech?

Hon PAREKURA HOROMIA: At times speechwriters leave out the true essence of what should be said. What has been created here is a sure partnership between a Crown-led initiative and the first people of this nation—the Māori people; the tangata whenua—and that is something to celebrate. This is a great day for Māoridom to celebrate. This is a great day for the nation to celebrate. This is about looking forward and about not looking over one’s shoulder, because then the only thing that happens is that one gets a sore neck.

A lot of these people have had sore hearts and sore minds, but they will certainly leave this great bastion of politics and governance with a song in their hearts and they will be clear in their minds that they have done a deal. They have done a deal for future generations. They have done a deal that can be counted in this country’s history as being as good as whatever else has been done. Certainly, as I drive through those trees down the Napier-Taupō road, along the short cut through Reporoa, I will look at those trees and think: “Kia ora, trees! Kia ora, Māori rākau, what a great stand!”. I will be roaming through Māori tree country, and that is a great privilege for any New Zealand citizen.

Hon Tau Henare: And you wish Ngāti Porou had some forests like that.

Hon PAREKURA HOROMIA: I wish I had shares in those forests, but I cannot whakapapa to these iwi! I say that these iwi need to be commended, and the members need to be respected for the support that they have given to this settlement.

I wish these iwi well, like members do. This sure is a great example on the journey to our being serious about nationhood, and not being glib about it and just doing other things. Kia ora tātou.

Hon BILL ENGLISH (Deputy Leader—National) : E ngā iwi, Ngāi Tūhoe, Ngāti Manawa, Ngāti Tūwharetoa, Ngāti Whakauē, Ngāti Whare, Raukawa e Te Arawa iwi, hapū, he mihi nunui ki te iwi whānui me ngā rangatira e hui tahi nei, tēnā koutou, tēnā koutou, tēnā tatou katoa.

[To the people of Ngāi Tūhoe, Ngāti Manawa, Ngāti Tūwharetoa, Ngāti Whakaue, Ngāti Whare, Raukawa, and the people and hapū of Te Arawa, a huge greeting to you and leaders at large gathered here, greetings to you, greetings to you, and greetings to you all.]

I rise on behalf of the leader of the National Party, John Key, to recognise the significance of the passage of this Central North Island Forests Land Collective Settlement Bill today. In my almost 18 years in politics I am continually surprised by the ability of New Zealanders to solve problems that other nations may find much more divisive and difficult. But here we have shown in this legislation a capacity to respond to our better lights, both the Crown and iwi, and to resolve what has been a very longstanding issue. I acknowledge the contributions, along with those of others, made by the central North Island collective and also by, particularly, Dr Cullen on behalf of the Government. A nation does these things when it is ready, and Dr Cullen, and no doubt the Prime Minister, saw that we were ready for this settlement and took the appropriate steps. For that they should be commended, because this opportunity could have slipped by the nation, the iwi, and the current Government.

I also think we should acknowledge the shadows that are cast over this event. I do not mean that in a negative sense, but we do stand in the shadow of people who, some 15 years ago, set off down the path of large Treaty settlements, at a time when Māoridom was unsure whether the process could succeed and certainly when Pākehā New Zealanders were unsure whether it was something they even wanted to do. I think that we should acknowledge today those leaders who showed the courage that has lent momentum, and also lent some courage, to those who have brought this settlement together: Sir Tīpene O’Regan and Ngāi Tahu, and Sir Robert Māhuta and Tainui, who made what, in retrospect, were very brave decisions to settle for a great deal less than the size of their grievances. I acknowledge also the Crown, led by the Rt Hon Jim Bolger and Sir Douglas Graham, for taking part in that process. We should remind ourselves that 15 years ago this path looked a great deal less certain, a great deal rockier, than it does today. Those leaders smoothed the path, and today we are fortunate to be able to follow in their footsteps to such a positive outcome in respect of this legislation.

The other point I want to make on behalf of the National Party is that we fully understand the momentum that has been built up. Dr Cullen referred to the other negotiations that are flowing out from these negotiations, and our leader, John Key, and the National Party, if we are elected to Government, would certainly continue with those negotiations in the same spirit and, I think, with the degree of political commitment from the leadership that has been shown by the Labour Government in working so successfully on settlements in the last 12 months or so.

The final point I want to make is this. I think of this as the end of the beginning. We have here people who have decided to lay the foundations for the future, rather than to stand by and reflect only on the past. In that sense, the destiny of 100,000 people from the central North Island collective and the Crown are intertwined, because our job now is to together ensure that the aspirational and material benefits of this settlement flow through to those 100,000 people. Many of them, of course, will not benefit initially. Whether they can realise their expectations and aspirations as Māori and as New Zealand citizens will depend on whether they can get a decent education, whether they can get a job that is fulfilling, and whether they can get the health services they deserve when they need them. It is such a positive refreshment of that sense of mission to have settled these historical grievances, and then for these iwi and the Crown to renew the commitment to ensure that the benefits that we all imagine can flow from this kind of settlement actually do flow through to every one of the 100,000 people who are covered by the settlement.

I finish by congratulating the iwi, in particular. Family differences are among the most difficult issues to manage, and the leadership of the central North Island iwi has shown to the rest of New Zealand admirable courage, restraint, and dignity in bringing this settlement together on the Māori side. I also acknowledge the contribution of all those who worked on behalf of the Crown—which is therefore the whole country—to seize a historic opportunity and see the settlement go through. Tēnā koutou, tēna koutou, tēnā tātou katoa.

PITA PARAONE (NZ First) : Tēnā anō koe Mr Assistant Speaker, tēnā anō hoki koutou e hui tahi nei i waenganui i a tātou ngā mema Pāremata, i haere mai ki te tautoko te kaupapa i mua i a tātou i tēnei wā.

[Greetings once again to you, Mr Assistant Speaker, and to you collectively gathered here among the members of Parliament in support of the matter before us at present.]

I am pleased to rise on behalf of New Zealand First to express our support for the Central North Island Forests Land Collective Settlement Bill, which a number of speakers before me have described as unique. People have talked about the unique terms of the way in which this settlement has been reached, and I concur.

But for me there is one other feature that is unique when comparing this settlement with other settlements. As other settlements have worked their way through the process of first reading, select committee hearings, second reading, the Committee stage, and then the third reading, New Zealand First has been very consistent about one particular issue. The fact is that in all settlements prior to this one, reference has been made to the fact that the settlement, the apology, has been given as a consequence of breaches of the Treaty of Waitangi and its principles. Herein lies the uniqueness of this settlement. There is no reference to the principles. There is no reference to breaches of the principles of the Treaty of Waitangi.

How often have we in New Zealand First been derided because of our consistency in questioning the undefined references to the principles of the Treaty of Waitangi? How often have we been reminded of that by members of this House who said that settlements cannot be made unless reference is made to the principles of the Treaty of Waitangi? Yet here we are today, all in support of this particular bill, this particular settlement, albeit without references to the principles of the Treaty of Waitangi. I will tell members why they are not referred to here. It is because the iwi themselves did not see any need for the inclusion of undefined references to the principles of the Treaty of Waitangi. I remind members of this House that we in New Zealand First do not want to be reminded by them of our stance in relation to the principles of the Treaty of Waitangi again.

We know, and the respective iwi know, that this is only a small hurdle, a small bridge, to cross in the whole process surrounding this settlement. They know that in future they will have to deal with the issue of mana whenua. During the select committee process we heard one or two submissions that queried the right of other iwi, in terms of mana whenua. I think therein lies the challenge for the leadership of the respective iwi that this settlement refers to.

Once again, before I sit down, I commend the leadership, the representatives, and the negotiators of the respective iwi that this bill applies to. I wish them all the best, and I remind them, as I always have with previous settlements, that the leadership should always look behind itself from time to time to ensure that the people whom it purports to lead are still there.

Nā reira, e koutou mā ngā waka, ngā reo, ngā mana, tēnei te mihi atu ki a koutou, ko te tūmanako kia pai tā koutou haere, kia hakatinana te kaupapa o tēnei pire. Just by way of explanation, I have wished the people of the respective iwi all the best for the future, and I hope as they progress that it will be an easy path for them and for the benefit of their people. Nā reira, tēnā koutou, kia ora mai anō tātou.

TE URUROA FLAVELL (Māori Party—Waiariki) : Tēnā koe, Madam Assistant Speaker, ki a tātou kua tae mai ki roto i te Whare Pāremata i tēnei ata. He kitenga kanohi ka hoki ngā mahara ki te hunga kua ngaro atu i te tirohanga kanohi. Kai konei rātou ā-wairua nei, ko tā tātau ko te tuku i te roimata kia rere ka mutu, waiho rātau kia moe.

Ko tēnei rā mō tāua te hunga ora, e ngā iwi kua tae mai ki roto i te Whare Pāremata, tēnā koutou, tēnā koutou, tēnā koutou katoa. E kī ana te kōrero, mai i Maketū ki Tongariro, mai i Ngā Kurī a Whārei ki Tihirau, kai aku rangatira tae atu ki a koutou Ngāti Raukawa, ko koutou, ko tātou tēnei kua ū mai ki te Whare Pāremata i tēnei ata, nau mai, hoki mai. Nau mai hoki mai ki te kaupapa nā tātau tonu i kōkiri ki tēnei rangi. Te rā ka whakamanahia te pire nei e tēnei Pāremata. Me mihi, me whakanui i te āhuatanga o ngā mahi nui kua oti nei i ngā tau engari, ka pataia te pātai, ko wai ka mōhio i te tīmatanga o tēnei tau, ka eke ngā wawata ki tēnei taumata. He mea pai, he mea whakanui tērā āhuatanga kia kite mai ai te puāwaitanga i tēnei rangi. Koinā pea te hua o te pukumahi, o te heke o te werawera, o te tautohetohe, o te mahitahi, o te aronga ngātahi, o te kōrero, o te wānanga, o te whakatau whakamutunga.

Koinei te mihi whānui ki a tātau katoa, koutou o te kāinga, o te takiwā o te Waiariki, ngā taha katoa o te Whare, tēnā tātau katoa. E ai ki te kōrero, koinei te whakataunga nui, whakaharahara nei i waenganui i te Karauna me tāua te Māori. Ki tā te pukapuka a Mana, he āhua ōrite tēnei kirimana ki te Tiriti o Waitangi. Hoi anō, tērā kōrero tērā. Kāore au i konei i te pānuitanga tuatahi me kī, nā tetahi mate au i tō ki wāhi kē engari, e ai ki tā ētahi i haruru te whenua. I tēnei rangi kai te harikoa te ngākau kai konei au mō tēnei wā. He tika tonu te kōrero a te Minita, a te Tākuta Maikara Karana, he tere tonu te waka nei engari, kua ū ki uta. E te Whare, me mihi rā ki a koe.

Kai taku Ariki, e Tumu, mō te āhuatanga ko tēnei i ārahi nei i tēnei kaupapa. I puta tāuna karanga kia eke ngā iwi katoa ki runga i ō marae o Ngāti Tūwharetoa. I kōrerohia, i wānangahia te take nei. Āe rānei me noho tōtara wāhi rua, āe rānei me noho i raro i te korowai kotahi. I puta te kōrero, te whakatau me te pukumahi anā, koinei tātau e hui nei i tēnei rangi. Ka mihi anō hoki ki te Minita nāna tonu tēnei huarahi hou i whakarite, ngā Minita rānei, kai te kōrero au ki te āhuatanga ki a koe te Tākuta, ki a koe e Mita, ki a koutou katoa, a Parekura, a Shane, e ārahi nei i tēnei kaupapa. He huarahi hou, he ara hou engari, arā noa ake ōna painga. Ki tāku titiro, kua aro mai ngā iwi Māori ki tēnei huarahi nā runga i te mea, e hia kē nei ngā kerēme kua whakatakotohia ki roto i tēnei Whare Pāremata. Kua āhua toremi tēnei Whare i te āhuatanga o ngā kerēme kua tau mai ki roto i a ia.

Ko tētahi take nui e hoa mā i puta i te wā i noho nei te komiti whāiti, ko tērā e pā ana ki te mana kōrero o tēnā iwi, o tēnā iwi. Ehara i te mea e tika ana mā mātou tēnā e wetewete anā, kua puta mai te kōrero a ētahi atu o ngā mema mō tēnei take. Hoi anō, e ōrite ana te whakaaro, kaua e mutu te āhuatanga o te kōrero. Kaua e aukati te āhuatanga o te kōrero i te mea, he wā tōna ka ara ake ngā nawe i roto i te ngākau o ngā tamariki, mokopuna pea. Ka hoki ngā mahara ki te hui i tū ki roto o Waitetoko, o roto Ngāti Tūwharetoa i te tau pea kua hipa. I tērā wā, i te āhua āwangawanga ngā iwi anā, mai i tērā wā, nā ngā mahi pai, nā te kaha o te kōrero anā, kua puta te kotahitanga e kōrerohia ake nei. Ko te mea pai o roto i tēnei whiriwhiringa e te Minita, ā, kua puta te kōrero, rangatira ki te rangatira. he tohu pai tērā i te mea, i ngā tau kua hipa, koinei tētahi o ngā nawe kua puta, kua tonoa me kī, ngā mea tuawhā, tuarima rānei ki mua i te aroaro o ngā rangatira kōrero ai. Ko tēnei huarahi i whakaritea mai ai, kātahi tōna pai. Hoi rā, he aha te kai o te rangatira, he kōrero, me mau tonu tātau ki tērā āhuatanga.

Me mihi anō hoki ki a koe Matiu kōrua ko Wira, nā kōrua anō hoki tēnei kaupapa i whakatinana. Koinei au e kī nei, ko te ara hou e kōrerohia ake nei, ko kōrua tēnei i rongo nei i te riri, i rongo nei i te humārie, i rongo nei i te ngākau māhaki, i rongo nei i te āhuatanga o te hiahia o ngā iwi kia anga whakamua ngā take nei. Me mihi rā ki a kōrua ka tika. Ko te mea pai mō tēnei momo āhuatanga, e ai ki tā te nuinga, kotahi tonu te kōrero, nā te iwi tonu i whakatau, nā te iwi tonu i tautohetohe ngā take, nā te iwi tonu i whakariterite te huarahi whāinga. Koinei te mihi atu ki a koutou o te kāinga, ngā iwi o roto i te pire, ā, me kī tēnei kotahitanga i raro i te marumaru o Tumu te Heuheu.

He kupu whakamutunga tāku, ki a koutou o Ngāti Rangitihi, i kōrerohia tā koutou take i roto i te Whare nei engari, e tika ana te kōrero a te Minita, kai a koutou i tēnei wā. Kai a koutou te tikanga i tēnei wā. Nō reira e te iwi, e ngā iwi kua tae mai i tēnei ahiahi, kia kaha kia māia ngā rā kai mua i te aroaro, kia eke tēnei o ngā waka nei ki uta, kia eke panuku, kia eke tangaroa. He wā tōna, kāore e kore ka eke mai anō rā ngā wehewehenga i waenganui i a tātau engari, i te rangi nei kua puta te kōrero a te Minita Māori, me whakanui, me ngahau ka tika. Ko tāku, ko tā mātou o te Pāti Māori, he tautoko, he tautoko, he tautoko. Tēnā koutou katoa.

• [An interpretation in English was given to the House.]

[Greetings, Madam Assistant Speaker, and to all present in our House. When we see faces, the memories flood back of those who have passed on. Their spirits are present and we lament their loss. Rest in peace.

This is a day for the living. Greetings to the tribes here in the House. To the people of Te Arawa, Mātaatua, and Raukawa, welcome back to the House of Parliament. Welcome back for this matter we have progressed to this stage, on this day the bill passes into law. It is a time to celebrate the work done over the years. However, the question must be asked: who would have thought at the beginning of this year we would make such progress? It is good, and today we celebrate the fruits of the labour, the sweat, the debates, the unity, the single-minded focus, and the discussions leading to final settlement.

I acknowledge you all—those from home and the wider Bay of Plenty, those from all sides of the House. I have heard it said that this is the largest settlement between the Crown and Māori. Mana magazine likens this settlement to the Treaty of Waitangi. I leave it for others to comment on that. I was not here at the first reading, due to a bereavement. According to reports, the very ground shook. Today my heart is glad I am here to witness this. The Hon Dr Michael Cullen was correct when he said that this has been a swift process; however, the canoe has made land. I acknowledge the House.

I acknowledge the paramount chief, Tumu, for your leadership. You called other tribes to meet in your Ngāti Tūwharetoa domain, where this matter was discussed and a decision made over whether to work independently or as a collective. The decision was made to work together; that is why we are here today. I congratulate the Minister who led this new approach; indeed, congratulations to the Ministers the Hon Dr Michael Cullen, the Hon Mita Ririnui, the Hon Parekura Horomia, and the Hon Shane Jones. This is a new approach, with many benefits. Tribes have supported this new path; witness the many settlements that have come through the House recently. The House has been inundated with the number of legislative settlements.

A major point of debate in the select committee was the question of the mandate of each iwi. It is not appropriate for us MPs to make the decisions; another member has spoken on this issue. The common theme is that discussions do not stop. Do not obstruct the free flow of discussion; if that occurs, grievances will in time come forth in the coming generations. I recall the hui at Waitetoko in Ngāti Tūwharetoa last year, when some tribes voiced their concerns. Since then, because of discussions, unity has prevailed. The positive aspect of this new path set by the Minister is that the discussions are between people of high standing. This has been a sore point in the past; minor officials have been sent to discuss important matters with tribal leaders. So this is a positive change. Lest we forget, the food of chiefs is discourse.

I commend the efforts of Matiu Te Pou and Wira Gardiner, whose efforts made this possible; I refer here to the new path spoken of earlier. You felt the ire, as well as the goodwill and glad hearts, of the people, and the desire of the tribes to progress matters. I commend you. People say the advantage of this path is that the process is clear; there is but one statement, endorsed by the tribe; the proposed details of the settlement are debated, and the people decide what path to follow. For this I commend the home people and the tribes concerned under the shelter of Tumu te Heuheu.

A final word to Ngāti Rangitihi. Your issues were discussed by the House, but the Minister is correct, it is over to you now to make a decision. So to all the tribes here this afternoon, be strong, be steadfast, that this canoe makes landfall. The time will come when differences separate us, but today the Minister of Māori Affairs has said we should celebrate and be happy. I and the Māori Party are in support. Thank you. ]

JUDY TURNER (Deputy Leader—United Future) : I stand on behalf of United Future to support and celebrate the passage of the Central North Island Forests Land Collective Settlement Bill. This bill now takes the record for being the largest settlement to date, so congratulations are due to both the Crown and iwi who have done a remarkable job in pulling this together. We applaud the wisdom of collective strength that has secured this outcome, and we are very pleased to see that legislatively the door has been kept ajar for those who were unable at this stage to determine whether this was the best outcome for them. Obviously, there is an encouragement for them to reconsider their position.

We are pleased to see that the intention of this bill includes the status quo to remain regarding public access to central North Island forests land. It is interesting that today we will probably be debating the third reading of the Walking Access Bill, which has a relationship to this as well.

The Central North Island Forests Land Collective Settlement Bill will see the forest land cease to be Crown forest land, and vests in CNI Iwi Holdings Ltd, the new company that was previously owned by the Crown.

We note there were 66 information or endorsement hui, and that the allocation model incorporated in the bill was the result of unanimous agreement. This has been extremely well negotiated, and it is a fantastic outcome. We are very happy to support this bill.

CHRISTOPHER FINLAYSON (National) : Can I too, in opening, offer my congratulations and best wishes to the iwi of the central North Island collective, to Tumu te Heuheu for the outstanding work that he has done, and to the work of Wira Gardiner as Crown facilitator. I offer my congratulations to the Minister and his team on the contribution they have made. As other National members have said, we support the third reading of this important legislation. My colleague Mrs te Heuheu summarised the bill in the course of her speech and I am not going to repeat that material here. Mr English reaffirmed the National Party’s commitment to this important work, which was started by the Bolger Government in the 1990s, and so ably assisted by Sir Tīpene O’Regan and Sir Robert Māhuta.

A number of features of this bill are particularly interesting, but none more so than Subpart 2 of Part 1, which deals with allocation principles. I am particularly interested in schedule 2, which I sincerely believe, and hope, will provide a very useful model for the future, because I have seen far too much litigation in the Treaty settlements area over the years. I go back to the fisheries litigation that started almost immediately after the 1992 settlement. It went on for about a decade. It consumed resources. It went to the Privy Council on a number of occasions, and was resolved only a couple of years ago. I had grave fears that this particular issue was on the verge of going down that path, and I am just so pleased that it has not and that today we are all supporting the third reading of this bill.

That is why schedule 2 is so very important, because it sets out a very tight timetable and has a number of particularly interesting features. As I said, I believe it could well be a model for future dispute resolution: keeping people away from courts and enabling them to resolve disputes on allocation on the basis set out in this bill. I strongly support measures where iwi acknowledge their commitment to a resolution process that, for example, promotes the mana and integrity of iwi and recognises the desirability of post-settlement collaboration.

There is no doubt that the timetable set out in schedule 2 is very tight indeed, because the parties have to identify their mana whenua interests by 1 October 2009. That particular process is to start on 1 July 2009, then there is to be negotiation through to June 2010, and, hopefully, the allocation agreement will be finalised by 30 June 2011. Very detailed processes set out that, in the event of negotiation failing to achieve a result, there will be a mediation. If that does not work, there will be an adjudication.

It may seem strange coming from one of the National Party’s justice team, but I really believe it is important that lawyers are not entitled to be present or be heard unless all parties agree. Frankly, I think that that is a welcome development in this area, because I often think that lawyers in litigation can be a cause of discord. I am delighted that lawyers will not be permitted to cross-examine witnesses, because I do not think that helps these sorts of issues, at all. I have seen attempts at cross-examination in the Waitangi Tribunal, and inevitably it is a process that, although well suited to High Court litigation, is not suited to this sort of exercise. I, for one, heartily endorse what is set out in schedule 2, and I will be keeping a very close eye on it, because I believe it will work extremely well. As I said, litigation is expensive, it is time consuming, it is draining, and there is so much truth in the old saying that it is in the public interest that there be an end to litigation.

I congratulate all iwi here today on this settlement. This was one that was inspired by iwi, driven by iwi, and achieved by iwi. May other iwi in other parts of the country look at this development and adapt it to their needs as they seek to resolve their grievances with the Crown over the next few years. As Mr English said, the National Party will actively support any and every endeavour to resolve these differences, because there is no task more important to the future of our country than this one. I congratulate all concerned. I think this is a great day for New Zealand, and I am proud to be a member of Parliament able to speak on the third reading of the Central North Island Forests Land Collective Settlement Bill.

Hon TAU HENARE (National) : Kia ora, Mr Assistant Speaker. I say “well done” to the central North Island collective. This settlement process is absolutely unique to Māori. I want to echo Bill English, who said that we may have our differences, and there may be differences along the road, but—in my eloquent way of putting what Bill English said into the words of South Auckland—“At least we don’t go around blowing each other up.” That has to be a good thing—it is certainly a good thing for those who might be blown up. The uniqueness is that the settlement process belonged to Māori, and, as colleagues in this House have said, maybe we are looking at a model that will stand us in good stead for the future—who knows?

I have one concern, but that concern is not particularly for the central North Island collective; it is for future Governments, whoever they may be. The concern is that the settlement process has taken us back to a time prior to the individualisation of Māori land. That is not the concern of the central North Island collective; its concern was to settle the package, and it has done that. My concern is specifically for those who, out of the native land process, the Native Land Court and the Māori Land Court process, have parcels of land—or think they might have—and that maybe their rights have somehow been taken away. I think we need to start looking at that in the future; as I said, it is not a big concern of the central North Island collective.

I will be brief, at least, in my response to the speech of the Minister of Māori Affairs, Parekura Horomia. I recognised, in the speech of the Minister, and in his voice, that there might be an election on the horizon. He talked about scurrilous rumours and rumour-mongering, and said this was a great day and a beautiful day—well, it is outside. But I wonder whether I am letting him off the hook in terms of Labour members seeing this as an opportunity to pat themselves on the back, because in 7 weeks’ time we will be going to the polls. I suppose if I were in Labour’s position I would be doing the same thing. So I congratulate the Minister of Māori Affairs, but I tell him not to overwork it. He should pat himself on the back, but he should not overwork it.

I am concerned in this respect: we are in urgency, at the end of a parliamentary session. In fact, we are at the end of the 48th Parliament and we are trying to nut out these bills and rush through these third readings. It would have been all right if there were one or two bills—I could handle that—but if we look at the Order Paper we see that we are working our way through a number of issues. So although I congratulate the Minister, and the Deputy Prime Minister for his erstwhile work, we should not have let it come to being part of an urgency motion.

I finish by mentioning the Treaty of Waitangi and the Treaty principles, as my tuakana from New Zealand First has mentioned. He mentioned that there were no Treaty principles in the bill, but I say that they do not have to be in the bill, or even in settlements, to be there.

Pita Paraone: That’s what I’ve been saying.

Hon TAU HENARE: Well, actually, the member did not really say it in that way. I do not want to get into a big argument with New Zealand First; suffice it to say that the principles of the Treaty of Waitangi are worked out over time—they are worked out through the law courts, they are worked out through bills in Parliament, and they are worked out through how we live. Maybe one day we will all be getting around on our little mobility scooters thinking that the principles of the Treaty of Waitangi are what make this country tick. I think it is wrong to say that the reason they are not in there is that iwi did not want them in there. We all, in one way or another, take the Treaty principles to heart, and we operate with them on a daily basis.

Nō reira e te Whare, e te Kaihautū o te Whare, kei a koutou e aku rangatira, tēnā koutou, ā, tēnā koutou, kia ora mai tātou katoa.

[So to the House, the Assistant Speaker of the House, and to you, my chiefs, greetings to you, greetings to you and to all of us.]

Hon MITA RIRINUI (Associate Minister in charge of Treaty of Waitangi Negotiations) :Tēnā anō koe kai te Kaihautū, tē āhua nei kei a au te kōrero whakamutunga mō tēnei kaupapa kai waenganui i a tātau. He paku kōrero noa iho tāku i tēnei wā. Ā, kua kōrerohia ngā kōrero mai i tēnā rōpū, i tēnā rōpū, i tēnā rōpū, ā, me tēnei Kāwanatanga i te āhuatanga o tēnei pire e pā nei ki te ngāhere o te tuawhenua. Nō reira, tū tonu ngā mihi ki ngā mātāwaka kua tatū mai, a te arikinui, e Tumu me ngā kārangaranga hapū kei waenganui i a tātou i tēnei rā, Te Arawa, Mātaatua, Tainui, tēnei rā te mihi atu ki a koutou, tēnā koutou, tēnā koutou, tēnā koutou katoa. Ā te wā ka mihi anō au ki ēnei o ōku whanaunga hara mai rā i Te Tai Tokerau.

Nō reira e te Kaihautū, me pēhea rawa ngā kōrero māku. Otirā tāku, he tū ki te tautoko i ngā mihi me ngā kupu o taku hoa rangatira, te Minita Māori, a Parekura Horomia te tino Hōnore. Nāna i tū ake ki te mihi, ki te tautoko i a rātou katoa i ārahi mai rā i te kaupapa mō tēnei pire, mai rā i te hau kāinga, ā, tatū iho nei ki Te Whanga-nui-a-Tara, ki te Whare Pāremata, ā, ki te Ana o ngā Raiona. Nō reira, nā runga i tēnā me kī rā, kua oti katoa rā ngā kōrero, kua oti katoa. Kore e tū tēnei ki te whakahē ki tēnā, ki tēnā, ki tēnā, e tū ana ki te whakamihi atu ki ngā whakaaro katoa, kua whakaatuhia i tēnei rā. Nō reira, kua mihingia ngā mihi ki ngā Minita o mua, ki tēnā Pirimia nāna i ārahi ngā kerēme o Ngāi Tahu me Tainui i tōna wā, ā, ngā Minita katoa i raro i a ia. Nō reira, tautoko i ngā mihi ki a rātou.

Otirā, hoki noa atu taku mihi ki tēnā o wā tātau Minita Māori rangatira, mai rā i Ngāpuhi, i a Matiu Rata. I te tau 1975, nāna te kaupapa i whakatō i roto i te Whare nei, nā, ka puta taua pire hei whakawhiriwhirihia i ngā kerēme raupatu whenua. Nāna anō i whakatū i tēnā Taraipiunara o Waitangi. Me kī rā te kōrero, nāna te kaupapa i tīmata. Ki te kore taua ture, e kore tātou i huihui ai i tēnei rā.

Me te mihi anō ki te Minita mai rā i a Tainui, i a Maniapoto, ā, ko Koro Wētere te Hōnore. Nāna i whakawhānuihia i te mana o te Taraipiunara o Waitangi, i āhei rātou ki te hoki whakamuri ki te tau 1840, koi rā te tīmatanga o ngā mahi tūkino a te Karauna ki a ngāi tātau huri noa te motu. Nō reira tika ana kia mihingia atu ngā Minita o mua engari, kaua tātau e wareware, nā wai i tīmata, he aha hoki te kaupapa i tīmatahia ai?

Nō reira, nā runga i tēnā huri atu au ki ngā mātāwaka. Nā rātau tonu te kaupapa o tēnei rā e tika ana kia mihingia atu rātau. Nō reira, me pēnei rā te kī, waiho tēnā ngā kōrero i āna kōrero, me ērā, me ēra, me ērā. Tāku, kei te mihi atu, ki te whakaiti i mua ki a koutou, nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

E te Kaihautū, he īnoi tāku nei ki a koe, waiho taku kōrero kia āhua mana tonu. Kaua e huri atu ki tērā reo kia āhua rite tonu ki te rēmana. Ka āhua kawa hoki. Nō reira, nā runga i tēnā kia tau te rangimārie ki a koe e te Kaihautū. Tēnā koe, huri noa kia ora tātau katoa.

[Greetings once again to you, Madam Assistant Speaker. It appears that I have the last word in this matter. I will be brief. We have heard from each of the collectives involved and this Government, in respect of this bill and matters relating to the central North Island forests land. I restate the acknowledgments to the iwi collectives present here, to the paramount chief, Tumu, and the many hapū from Te Arawa, Mātaatua, and Tainui. At the appropriate time I will acknowledge my kin who have come from North Auckland.

So what can I add? I stand to support the acknowledgments of the Minister of Māori Affairs, the Hon Parekura Horomia. He endorsed all you who have led the work that brings this legislation to Parliament here in Wellington, to the lion’s den. We can say that all that needed to be spoken has been spoken. I agree with all that has been said today. Acknowledgments have been made to Ministers past and present, and to the Prime Minister, who settled the claims of Ngāi Tahu and Tainui, and I support those acknowledgments.

I also acknowledge the former Minister of Māori Affairs from Ngāpuhi, Matiu Rata. In 1975 he began this process through the House that established the Waitangi Tribunal. He was the instigator of all this. Had it not been for his efforts we would not be here today.

I acknowledge the former Minister from Tainui and Ngāti Maniapoto, the Hon Koro Wētere. He extended the jurisdiction of the Waitangi Tribunal, allowing it to look into claims from 1840, the year when the attacks of the Crown against us in these isles commenced. So it is right to acknowledge past Ministers, but we must never forget who started it and why it was started.

Because of that, I turn to the different iwi collectives before us. This matter belongs to them; it is appropriate that we acknowledge them. So the accolades must be accorded to each of them. Let each relate its own story. My part is merely to stand in humility to acknowledge and congratulate you. Greetings to you all.

Madam Assistant Speaker, I seek that my address not be interpreted, so that its tenor and flavour is not lost and does not become distasteful like a lemon. So let peace and good tidings prevail upon you, Madam Assistant Speaker. My thanks to you, and to all of us throughout. ]

• Bill read a third time.

• Waiata; karanga

Hon Dr MICHAEL CULLEN (Minister in charge of Treaty of Waitangi Negotiations) : I move, That the Te Roroa Claims Settlement Bill be now read a third time. I acknowledge the people of Te Rōroa who have now arrived in the galleries. I welcome those who have travelled from Northland to be here today, to listen to this third reading of their claims settlement bill. I acknowledge them, and all of those from Te Rōroa, who have worked so hard to make this day possible. I acknowledge the many Te Rōroa kuia and kaumātua who are no longer with us but who provided leadership and inspiration to Te Rōroa’s negotiators and to the Te Rōroa people.

I am told that Te Rōroa means “the tall ones”. Te Rōroa take their name from Manumanu, the tupuna who was killed in battle. He was so brave that his enemies exclaimed “Behold! That man is as tall as a white pine.” Te Rōroa are indeed the tall ones; they have stood tall throughout their dealings with the Crown. They have conducted themselves with honour and dignity in even the most difficult of times.

This bill settles the Treaty grievances of Te Rōroa. The Crown formally acknowledges its breaches of the Treaty, offers an apology to Te Rōroa, and provides cultural, financial, and commercial redress. The bill therefore marks a historic point in time in the Crown - Te Roroa relationship. The people of Te Rōroa have waited a long time for today. They have been seeking redress for the Crown’s breaches of the Treaty since at least 1861. In the 1980s they took their claim to the tribunal, and I acknowledge the efforts of all those of Te Rōroa who went before the tribunal—in particular, Ned Nathan and Emily Pāniora, two of the original Wai 38 claimants, who are no longer with us.

Te Rōroa were one of the first groups to come into Treaty settlement negotiations. It is 16 years since the Waitangi Tribunal released the Te Rōroa report in 1992, and 15 years since negotiations commenced. In 2004, after 12 years, the Crown and Te Rōroa signed an agreement in principle, and in December 2005 Te Rōroa and the Crown signed the deed of settlement. In late 2005 the Te Rōroa people also ratified the governance entity, Te Rōroa Manawhenua Trust, to receive and manage the majority of the assets. The trust was established in August 2006. A second trust has also been established, Te Rōroa Whatu Ora Trust, which has a commercial focus, and will receive and administer the commercial redress properties. The passage of the Te Roroa Claims Settlement Bill is the final step that will enable the Crown to provide settlement redress to Te Rōroa.

In this bill, the Crown acknowledges it breached the Treaty in respect of Te Rōroa. The breaches relate to the cession of land at Te Kōpuru in 1842, Crown land purchases from 1876, and the operation and impact of the native land laws. These breaches have left Te Rōroa virtually landless. In this settlement, the Crown also acknowledges that the separation of Te Rōroa people from their wāhi tapu and taonga has been a source of great spiritual and emotional pain for Te Rōroa. The Crown unreservedly apologises for these breaches of the Treaty.

The settlement also includes financial and commercial redress worth some $9.5 million. Te Rōroa has decided to use this redress to purchase 15 Crown-owned properties. These properties include over 3,000 hectares of commercial forest, and over 2,000 hectares of farmland and other properties. These provide a platform for Te Rōroa to pursue its economic aspirations.

A key component of Treaty settlements is cultural redress. The settlement bill provides for the gifting by the Crown of 24 sites of cultural significance comprising an area of over 2,000 hectares. Not only is this the largest cultural redress vesting in any settlement since the Ngāi Tahu settlement but it also includes the return of two of the reserves recommended by the Waitangi Tribunal’s 1992 report, Manuwhētai and Whāngaiariki.

The Te Roroa Claims Settlement Bill also includes redress designed to strengthen the relationship between the Crown and Te Rōroa. It enables Te Rōroa to have increased input into the protection of Waipoua Forest, home to the mighty Tāne Māhuta, New Zealand’s largest kauri tree. Also underpinning this new relationship are protocols between Te Rōroa and Government departments.

This settlement does not and cannot fully compensate Te Rōroa for the losses it has suffered, either in economic or in cultural terms. No Treaty settlement is able to do that. Many of Te Rōroa’s losses relate to wāhi tapu and taonga no longer held by its people. In fact, I have heard the Te Rōroa claim described as a wāhi tapu claim, reflecting the number of significant cultural and archaeological sites across the rohe. The full force of this grief in respect of particular wāhi tapu became clear during the select committee hearings. The people of Te Rōroa talked about Kaharau, which could not be returned through the settlement, as it is currently in private ownership, and the Kohekohe taonga, which are held by the Auckland Museum. The trustees of the Te Rōroa governance entity also spoke of the financial difficulty facing Te Rōroa in acquiring properties available for purchase under the right of deferred selection provided for in the settlement.

The Government has taken steps, working with Te Rōroa and other political parties, to find solutions to these issues that benefit everyone’s interests. These proposals were largely outside the Treaty settlement process, and have not required any amendment to this bill. I am confident that these measures will further strengthen the durability of the settlement. Its enactment is a historic milestone. It is also an important step in the country’s progress towards settling all historical claims, and is the third settlement to reach the final stage of legislation today.

Many people contributed to this settlement over the years. I acknowledge the contribution made by the first Minister in charge of Treaty of Waitangi Negotiations to enter into these discussions during the early stages of negotiations, Sir Doug Graham; Margaret Wilson, who renewed negotiations when they had stalled; Mark Burton, who negotiated and signed the deed of settlement on behalf of the Crown; the Minister of Māori Affairs, who continues to bully me along into these settlements; the Minister of Conservation; the Minister for Land Information; and the Associate Minister of Finance. I also acknowledge the valuable support of my Associate Ministers, Mita Ririnui and Shane Jones—who has taken a particular and close interest in this particular settlement—and the work of many Government departments that have been involved.

The heart of the Te Rōroa rohe is the Waipoua Forest, home of the kauri tree. My hope for Te Rōroa is that this settlement is like a kauri seedling, starting small and growing perhaps slowly, but in the years to come growing into a tall and mighty tree and providing a canopy of shelter for those around it. I am certain that with the benefit of Te Rōroa’s leadership and the revitalisation of its mana and identity, future generations in Northland and throughout New Zealand will receive a strong and enduring legacy from this settlement. I commend the bill to the House.

CHRISTOPHER FINLAYSON (National) : Mr Deputy Speaker, may I begin my third reading speech on the Te Roroa Claims Settlement Bill by wishing you all the best. I was very interested in all of your speech last night, but particularly in the part about your youth spent growing up in this area, the rohe of Te Rōroa. I thank you for your friendship and guidance over the years, and I wish you all the best.

National will support the third reading of this bill, which has had a somewhat difficult legislative history. It was introduced on 14 February 2007, and had its first reading on 1 March 2007. The Māori Affairs Committee hearing was held in Dargaville shortly before Easter last year. The bill was reported back in May 2007, had its second reading on 20 June 2007, and thereafter it languished for quite some time, before the Committee stage was completed a few days ago. Now we are at the third reading.

The select committee hearings in Dargaville will stay with me for some time. Many of the members who sat on the select committee were a little uneasy after the hearing, and thought that something was not quite right. We expressed our concerns, but we are now satisfied that our concerns have been addressed as a result of movement over the last little period. That movement, which was referred to by the Minister in charge of Treaty of Waitangi Negotiations, involves components that do not form part of the Treaty settlement and do not necessitate an amendment to the bill. We are now aware of those components and happy with them. The acceptance by Te Rōroa has meant the Committee stage and third reading of the bill can now proceed. We were not consulted on these matters. We have had to make our own inquiries, and that is all part of the game, I suppose. It would have been helpful to be consulted, especially as we take the view that Treaty settlements should not be a matter of partisan discord. But having made those inquiries and heard what the Associate Minister told us in the Committee stage, we believe it is right and proper to support the third reading of this bill.

We know that some residual differences may remain. To ignore them would be naive, but it is my earnest hope that those differences will now disappear, and that before long the good people of Te Rōroa will move forward as one. I strongly believe it is in the interests of Te Rōroa that this bill now proceeds to a third reading.

These settlement bills and tribunal reports always make very interesting reading, and the preamble to this bill tells a very, very sad story. The Minister referred to the fact that the claim to the Waitangi Tribunal was Wai 38. I recall, because it is etched in my brain, that Wai 27 was the Ngāi Tahu claim, and that was settled a decade ago. This one, as the Minister said, was reported on in May 1992, and it has been around for a long time. It was a very early claim. The tribunal’s report was quite devastating. As the Minister said, there has now been a great deal of negotiation on the claim, involving the previous National Government and, particularly, Sir Douglas Graham, and the three Ministers in charge of Treaty of Waitangi Negotiations in this Government. The National Party endorses what the Minister said, and says the time has come for this iwi to have the fruits of its settlement and move on. We believe this is a good settlement, and it is in the interests of the iwi that the third reading if this bill takes place.

I offer my congratulations to all those in Te Rōroa who have fought the good fight over so many years. The Minister has referred to some of them, and I join with him in congratulating them, and also their advisers, on the good work that has been done to bring this bill to the third reading stage. As I said, National supports the third reading of this bill, and the National Party looks forward to a good, ongoing relationship with Te Rōroa in the years to come.

Hon SHANE JONES (Associate Minister in charge of Treaty of Waitangi Negotiations) :Ā, kia ora anō tātou. I te tuatahi me mihi ahau ki a koe, e kara. Me mihi ahau ki a koe i roto i te reo Māori. Me mihi hoki ki a koe i roto i tā tāua reo Tararā. I roto i te reo Māori ko te kupu, tātou tātou, i roto i te reo Tararā, kako si, vrlo dobro, tua atu i tēnā, mi treba da se udruzimo, me mahitahi tātou, tēnā koe.

[Greetings to us once again. First, let me acknowledge you personally, dear friend, in Māori and in our Dalmatian tongue. We, as is the term in Māori and in Dalmatian,kako si, vrlo dobro, and further to that, mi treba da se udruzimo, we must work together, greetings to you.]

First, I acknowledge Mr Clem Simich, someone who shares a great deal in common with me, not the least of which is shared ancestry—from Croatian villages and islands to Māori princesses of the gumfields of Tai Tokerau. You delivered a great speech yesterday, Mr Deputy Speaker, and it is fitting that you should sit in the Chair as we attend to the final bit of business before we move this proposed legislation into law, because you referred to a small settlement known as Aranga, where our Tararā Dalmatian ancestors dug gum. That is very close to Manuwhētai and Whāngaiariki, two very historic reserves that lie in the area of Te Rōroa. So I join with everyone else who has saluted you for the quality of stewardship you have brought to the House—the friendliness and the occasional council that you have offered.

Ā, kāti e te whānau, tēnā koutou. Nau mai, haere mai i roto i tēnei rangi whakaharahara, nā, ka kite tātou i tō tātou pire e whakamanangia ana. Kua pau ngā mihi i roto i ngā tūtunga o āku hoa engāri ko tāku ki a koutou, nō koutou tēnei Whare, nā reira, tēnā koutou, tēnā tātou, kia ora tātou katoa.

[So greetings to you, the family. Welcome, welcome on this great day when we are to see our bill pass into law. My colleagues have used up thecongratulatory terms to you in their speeches, but my message to you is that this House is yours. Congratulations, well done, and thank you all.]

To the people of Te Rōroa, I say “Welcome back here.” This House is the people’s House. Today you join with us, the parliamentarians, to watch and shepherd this legislation through to a point of consummation.

Dr Cullen deserves all the acclamation he has enjoyed; this has been a long and tortuous process. I was at the Waikaraka Marae in Kaihu in 1992, with Doug Kidd, when the report was presented to the Crown. I was also at the meetings—where indeed we had Eva Rickard, lost for a day or three but attending some of the early meetings of Te Rōroa—when Lovey Te Rore, Ned Nathan, and a host of others worked with a younger generation to bed down a Waitangi Tribunal claim to recover the assets, the land, and the lost heritage of the tribe. So today Te Roroa comes and witnesses this process, and it is with a great deal of pride that Parekura Horomia and I are able to say that its farms around the Maunganui Bluff area are now available with virtually no debt. That is reflective of the stewardship that Dr Cullen and senior Ministers have been able to bring. Metiria Turei went out of her way to support that, as well.

In the Waipoua Forest there is an old taonga called the kawekaweau. I recall going to the Waipoua Forest with Rev. Māori Marsden in 1985 and meeting Raihā Pāniora, who told us the story of a lizard known to cling to the bark of the kauri tree. However, she said that once the people lost their connection with the land, as a consequence of Crown alienation, the lizard appeared to have gone forever. But I am sure that with the right karakia, the right personalities, and the good stewardship in Te Rōroa, the lizard can still be found at Kawerua, a place where our tupuna Tōhe stopped, had a great feed of pāua—before Parekura’s mātaitai permits were needed—and satisfied the people.

So with a great deal of pride, and with support from the other side of the House, let us put this chapter of Te Rōroa’s recent history behind us and teach the young people—get them to embrace not only the heritage but the obligations of growing this settlement. And with the land that comes back to us, let us make sure we do not repeat the mistakes of earlier generations in entering into deals, transactions, where they did not know quite what they were doing or where they were being taken advantage of. This land will have virtually no debt, and for that we should salute Dr Cullen. Tēnā koutou, tēnā tātou, kia ora tātou katoa.

Hon GEORGINA TE HEUHEU (National) : I take this opportunity to salute you, Mr Deputy Speaker, in your Chair, your Tūru, and repeat the sentiments expressed by the previous speaker that it is very fitting, given your whanaunga in the gallery, that you sit in the Chair for the passing into law of the Te Roroa Claims Settlement Bill.

I am very proud to take a call on the third reading of this bill. I am conscious, as is everybody in this House, of the long years that Te Rōroa have put in, and I salute Te Rōroa, who are in the gallery today: ā, ngā mihi ki a koutou e ngā iwi, e ngā whānau o Te Roroa. I think your patience, your doggedness, your absolute humility in pursuing your settlement, yet not pushing yourselves in a way that in your view might bring discredit to yourselves has been a lesson to watch. I became acquainted more directly with your claim when I was an Associate Minister to the Hon Doug Graham and we had some meetings way back then. But, of course, as Dr Cullen has made reference to, the meetings for the settlement of your claim started much earlier, in 1992. So that is a long time, and you will have witnessed some real energy put into more recent claims that had their negotiations begin after yours, but, as I say, you have been quiet but forceful, and humble. I certainly admire the approach you have taken, and congratulate you on the passage of your legislation here today and on the fact that finally you have accepted that you can move on.

The Minister Dr Cullen traversed the additional aspects of the claim, which have been negotiated recently. National opposed the Te Roroa Claims Settlement Bill up until these new additions were brought in. We did that on the basis and on the strength of the concerns that were put to us, particularly when the select committee came to hear your submissions, but also on the basis that we knew the offer was not sufficient. In your hearts you know that what is being offered here today is but a tiny fraction of what you once had, which, hopefully, you will one day be able to build up from these small beginnings into something that is a fitting legacy for your grandchildren. In the end, I think the Government had no choice. But that is fine, because it has resulted in a settlement that Te Rōroa can accept, and which National now gladly supports. Basically, the majority of Te Rōroa says that this is finished, it is enough, and they want to move on. The claims had different aspects; we have seen a couple go through the House this morning.

Te Rōroa’s is unique. As a people, they hail from ancient beginnings. They were once proud and substantial people living on land that they owned, yet quite soon after their rangatira signed the Treaty they found themselves slowly but surely dispossessed of that which was theirs. Today we are here to celebrate, and to congratulate Te Rōroa. We can feel pleased and we can feel proud that we have a process in place that restores to them some of that which was taken from them.

This claim relates to breaches by the Crown of its obligations under the Treaty—obviously, it is a Treaty settlement claim. The breaches include the cession of land at Te Kōpuru in 1842, Crown land purchases from 1876, and the operation and impacts of the Māori Land Court, the institution that we as Māori love so much! Thankfully, in the 21st century it is easy to look back and see how and why things went wrong. The upside of it all is that in the 21st century our generation has been given the marvellous opportunity to right those things that for so long have been a blot on our historical landscape.

Te Rōroa have travelled a long road to have these claims addressed by the Government. They have sought redress on a number of issues. They have a package here today and hopefully—as I have already expressed—though it is small, with the leadership and the love for their own and for others that they have shown, particularly in these last 15 years, they will be able to grow it. In any event, they have decided—as the Crown did by making this additional offer—that it is time to recognise properly their situation and give them a basis on which to move forward. As hard and as difficult as these last 15 years and indeed all of the previous decades have been, I always think that the hardest part comes when the settlement bill passes into law. Then Te Rōroa will have to demonstrate further responsibility and leadership for their people, their mokopuna, and those still to come—the future generations. But what a good position to be in! Their tūpuna looking down will feel much pleased for this day, and no doubt are egging Te Rōroa on to succeed.

For us in this Parliament—I have said this many times but I feel it is important to repeat it every time because Te Rōroa’s settlement is important to them—it is a privilege to be a parliamentarian in this House at this time. Today we are dealing with five settlements and it is a proud moment—certainly for Māori MPs, and, I am sure, for all our colleagues across the House, as well. Mr Deputy Speaker, in your valedictory speech you made reference to your birth and upbringing in the places that Te Rōroa hail from. That was enlightening for those of us who did not know the detail of your upbringing. It is rather fitting that you preside at a time when this bill passes into law. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

PITA PARAONE (NZ First) : Tēnā koe, Mr Deputy Speaker; engari i mua i te haere tonu ka huri aku mihi ki a koutou mai i te hau kāinga o Te Rōroa kua tae mai nei i runga i te kaupapa i hakahuihuingia i a tātou i roto i te Whare nei, arā, ko te wāhanga mutunga, kia hakaturengia tēnei pire. I kite anō au i a koutou i tēnei wā, ka hoki mahara ki tēnā o ngā mātua, ngā whaea ko rātou i ngaro atu ki te tirohanga kanohi. Nā ko te matua a Lovey tēnā me Ned tēnā, me ērā atu o ngā whaea karanga maha. Kāhore kau kē kei waenganui tonu i a tātou i te rā nei ā-tinana engari, mōhio ana au kei konei rātou ā-wairua. Tua atu i tēnā, kei te mihi hoki ki tēnā o ngā whanaunga e noho tonu ki te wā kāinga, e are taringa mai, tēnā pea e mātakitaki hoki, tēnā koutou, tēnā koutou, ā, tēnā koutou katoa.

[Greetings to you, Mr Deputy Speaker; but before I continue, I turn to acknowledge those from home, from Te Rōroa, who have arrived here in respect of the matter that has brought us here in the House today, the final reading of the bill that will pass into law. As I see you again today, my thoughts go back to those fathers and mothers who have passed away, such as Lovey, Ned, and a host of others. Although they are not here physically in our midst today, I know for sure that they are present spiritually. Further to that, I want to also acknowledge those relatives left at home who might be listening in or watching, so greetings to you, greetings to you, and greetings to us all.]

Before I proceed with my speech, I again declare a vested interest in the Te Roroa Claims Settlement Bill by virtue of my whakapapa, which links me to Te Rōroa. Although that may be insignificant to some members of this House, concerns have been expressed by people who represent organisations outside this House about my right to participate in the process that has seen this particular bill come to the stage where it is at today. I reaffirm to Te Rōroa and my fellow members that, in spite of that interest—that whanaungatanga—I do not qualify to be a beneficiary of this settlement.

This settlement has been through a long process before coming to this House today. That is an indication of just how long the people of Te Rōroa have travelled to be able to get a settlement that is something near to what they would like to see. Some people have described this settlement as the wāhi tapu settlement, because of the extreme interest that Te Rōroa place on the land areas included in this settlement that are sacred to them. I ought to say at this time that I know there are other claimants whose own claims encompass much of the area that this particular settlement is all about. I refer to Wai 549, in the name of Rudy Taylor, representing the Hokianga hapū and whānau collective. That is not an issue for Te Rōroa; that will be an issue between that collective and the Crown.

One of the comments made during an early Treaty settlement bill discussed by this House was about uniqueness. For me, what is unique about this bill is the fact that the original report from the tribunal, in hearing evidence about this particular claim, led to a change in the legislation affecting land in private ownership. If my memory serves me correctly, the original report by the tribunal recommended the return of certain land that was, at the time, held in private ownership. It is that aspect of the history of this settlement that I want to refer to.

The reference I make is that people who held ownership of some of the land that is encompassed within this settlement have, during the course of this bill making its way through the House, made derogatory comments to me and about me, in terms of whether I and the party I represent in this House—New Zealand First—thought that this would be a fair and an enduring settlement, because of the position taken by the Crown in acquiring certain land that was once in private ownership. The question they asked was whether this settlement would be an enduring one. My response to that concern is that that is a matter between those people and the Crown, not between the Crown and Te Rōroa. I assure the people of Te Rōroa that once this third reading is completed, they can depart this House knowing full well that they have received a full and final settlement from the Crown. I hope that it addresses many of the concerns that they had during the process of this bill making its way through the House.

I know that in all settlements there will always be differences of opinion. There will always be people who oppose or resist any suggestion as to how a settlement should take place. There will always be people who question the quantum. One of the things I have observed that has been different about this particular settlement is that even the negotiators mandated by their iwi had points of difference; I understand that one negotiator actually withdrew from the whole process. I suppose we should not be too surprised about differences of opinion as to the quantum and what should be provided in terms of redress, whether it be cultural or commercial redress. But I notice that the bill provides for protocols that will allow communication and dealings between Te Rōroa and different Government departments. For many Māori, whether they be claimants or not, all they want is the opportunity to be part of the process of decision making. In this particular bill, like a number of bills preceding it, the issue of protocols provides that opportunity for iwi. They want to be assured that they are part of the process of discussing land interests and cultural interests that affect them, and that they will have some impact on decisions made by ministries and perhaps also by local bodies.

I conclude by again congratulating the leadership of Te Rōroa. The task has not been an easy one for them, but I am not surprised that they have been able to endure the criticism and the hardship that dealing with their own people provides. I wish them all the best. Although those leaders may feel that it has been a hard task to get to this stage, I say to them that the real job lies ahead. I conclude by saying, as I have said in relation to all settlements, that exercising leadership requires leaders to look behind themselves from time to time, to ensure that the people they purport to lead are still there.

Nā reira, aku whanaunga, ngā mātua, ngā whaea ngā mihi hoki ki a koutou. Ngā manaakitanga o Te Runga rawa kei runga i a koutou mō ngā rā kei te heke mai. Nā reira, tēnā koutou, tēnā koutou, kia ora mai anō tātou.

[Therefore, congratulations to you, my relatives, and also my fathers and mothers. May the protective mantle of the Mighty above be upon you in the days ahead. So greetings to you, greetings to you, and to us all as well.]

JEANETTE FITZSIMONS (Co-Leader—Green) : The Green Party will vote for the third reading of the Te Roroa Claims Settlement Bill. I acknowledge the tīpuna who initiated this claim, all the leadership that has carried it through, and all those who are here today to celebrate its final conclusion.

I cannot claim any whakapapa to Te Rōroa, as some others in the House here today can, but I have stood under the great Tāne Māhuta and marvelled with awe at its age and at the long sequence of history that it has observed over some 2,000 years. A few years ago I planted on my farm in Coromandel a direct descendant of Tāne Māhuta. When a friend of mine was standing underneath Tāne Māhuta, a seed floated down into her hair. She took it home, potted it up, and gave me the resulting seedling, so in a very small way I feel I have a small connection with the whenua of Te Rōroa.

This is quite a small settlement, and the Green Party has had serious concerns about the miserly quantum. At the second reading we said that land that had been stolen was not being returned. We described how the primary purpose of the 1992 Waitangi Tribunal claim by Te Rōroa and the subsequent settlement was to remedy the Crown’s failure to set aside Kaharau, Te Taraire, Manuwhētai, and Whāngaiariki from the lands that were purchased in 1875 and 1876. The iwi were consistent in their understanding that those areas were to be set aside from any sales at that time. But the Crown rejected that and would accept only that if there were “any old graves on the block a few acres surrounding them could perhaps be reserved under the provisions of The Land Act without causing any inconvenience.”, and that title would remain in the hands of the Crown. Indeed, the Kaharau block, with its very long history of dispute, was not to be returned to iwi. The Greens refused to support the progression of the bill until the Government had made further progress on this issue, because the Government simply did not consider that the return of those properties was of sufficient importance to increase the quantum.

We have not achieved an absolute return of that land yet, but the Government has been forced to take further action to better enable its return. In addition, we have made the Government take action on the return of the kōiwi that remained in the hands of strangers rather than the whānau. Although this is not perfect, we accept the progress that the Government has made. Further work is being done on the question of returning Bob’s Block along with the return of the kōiwi. We understand that the Government is to provide an ex gratia payment of $6 million to facilitate the purchase of deferred selection properties. Progress, in the usual glacial way for Treaty settlements, has been made.

It is not the Green Party practice to oppose settlements. Although we are deeply opposed to the settlement process and believe that the Government and its agencies take advantage of the vulnerability, urgency, and poverty of iwi in the negotiations, we do not believe we have a mandate to tell iwi and hapū that their work in battling these barriers is not worthy of our respect. We will support the iwi—those who have worked day and night to make some gains for their hapū. We know that this settlement will exacerbate a number of Treaty breaches and that there are those in Te Rōroa who still have some legitimate serious concerns. But some progress has been made, and we do not believe for a minute that these claims will be full and final because of the poor Government process. We know there is urgent need to access these traditional and commercial resources for the benefit of the whole iwi.

We wish Te Rōroa the best of luck with their settlement, a strong and prosperous future for their mokopuna, and congratulations on getting to this point today.

Dr PITA SHARPLES (Co-Leader—Māori Party) : Tēnā koe, Mr Deputy Speaker. Ki te iwi o Te Rōroa tēna koutou kua tae manuhiri mai ki tēnei Whare o tātau, ā, tēnā koutou, nau mai, whakapiri mai. Tautoko ana i ngā mihi ki ngā mate, ngā mea kua whakahuahuatia me ngā mate o te wā nei, otirā, o tātau katoa nei. Nā reira, tēnā koutou, nau mai whakapiri mai.

[Greetings to you, Mr Deputy Speaker, and to the people of Te Rōroa who have arrived here as guests to this House of ours, greetings to you, welcome, draw close. I endorse the tributes to the dead, those mentioned of yesteryear and of the present, indeed all of ours. So greetings to you, welcome, draw close.]

The marae at Waimamaku is called Te Whakamaharatanga, and it was built as a fitting tribute to the soldiers from south Hokianga who fought in the First and Second World Wars. Today that name may well take on a new meaning.

The story of the relationship between the proud descendants of Ngāi Tūputupuwhenua and the Crown has been charged with conflict, almost before the ink was dry on our constitutional document. We think today of the rangatira of Te Rōroa—Te Pana Ruka, Wīremu Whangaroa, Tīmoti Tākare, Hāmiora Paekoraha, and Matiu Tauhara—all of whom signed Te Tiriti o Waitangi. These tīpuna were prepared to stake their honour on an aspiration for the future; a commitment to live together in this land. Two years after that signing an area of between 6,000 and 8,000 acres of land at Te Kōpuru was ceded to the Crown. Just 2 years after the Treaty had been enacted, conflict had erupted.

The record of that first incident is as complex as any to follow over that century. Tangata whenua were concerned at the desecration of kōiwi, of human remains; an incident broke out in a local store; the land was ceded while Ngāti Whiu and Ngāti Kawa, the hapu who had customary rights in the land, were away in Hokianga; and Ngāti Kawa later protested that those who made the cession had no right to do so. This one incident contains many of the elements that would be repeated over the centuries.

Grievous harm and cultural offence is associated with the desecration of sacred burial sites. What does it do to the soul of a people when they have to endure the looting of their grave sites and the theft of their kōiwi, the human remains of their people? This is the repeated history for Te Rōroa. Many of their tapu sites passed out of Te Rōroa care in the land alienation process that started in 1875. Particular examples of desecration took place at Aratapu and Kohekohe. Taonga were also likely to have been taken from the Pīwakawaka caves. This has been one of the most painful aspects of a very painful settlement. Those taonga are sacred to the people. The reburial of kōiwi and the handing back of taonga are events of our living memory that connect us to a shameful history, a tragic past.

And so we come today to Te Rōroa to acknowledge the recognition, at last, from the Crown of a breach of the Treaty of Waitangi. We come today to acknowledge the impact that land alienation and fragmentation has had on Te Rōroa, leaving the people virtually landless. We come today to grieve with them in putting to rest the severe, heart-wrenching spiritual and emotional sense of loss in understanding the heavy toll on a people, in being separated from their wāhi tapu and taonga. We come today to meld our tears with them, ngā aureretanga o Te Rōroa—the continuous crying of Te Rōroa.

In my time, short as it has been, as the deputy chair of the Māori Affairs Committee there have been many moments of sadness as we have considered the settlement of historical claims. I acknowledge the chairmanship of Dave Hereora and I acknowledge the team, as they also felt very strongly for the people of Te Rōroa in considering this claim.

There have been other issues in this settlement that have really affected us all. The length of time that has transpired over the course of settling the grievance extends back to 1861, when Rāpana first spoke out over the cession of lands at Te Kōpuru. Te Rōroa began petitioning the Crown from the late 1870s. In 1887 Te Rōroa wrote letters and petitioned Parliament. In 1907 there was another petition, and further petitions in 1925, 1930, and 1933. Māori members of Parliament—Hone Heke, Te Rangi Hīroa, and Tau Hēnare—were approached between 1903 and 1912. And finally, 21 years ago, Te Rōroa lodged a claim with the Waitangi Tribunal. This is the history of Te Rōroa seeking redress to their land.

This Te Roroa Claims Settlement Bill today finally brings closure to a long and difficult process, but there is still the enduring pain, particularly in regard to the exclusion of Kaharau and Te Taraire. We remember back to the Tribunal report on this matter of 1992, in which Te Rōroa urged the Crown to take all steps to acquire these lands and return them to tangata whenua as hapū estates. That is the Tribunal report.

In the submission received from Will Ngākuru, we were told that although the Crown claims to be interested in having a “full and final settlement”, for members of Te Rōroa and descendants of Ngākuru Pana, peace will never prevail until their burial places of Kaharau and Te Taraire are returned, as was the wish of their tīpuna. These sites of such sacred significance were never sold. It was always our contention that they needed to be included in the cultural redress provisions of the bill—either the Crown should purchase the lands or it should fund their purchase by Te Rōroa.

Although we acknowledge the sizable increase in the quantum, we are disappointed that it is still inadequate to purchase either Kaharau or Te Taraire, or to ensure future financial security for Te Rōroa. But I must acknowledge Dr Cullen and the team for extending the $9.5 million, with an ex-gratia payment of $6.5 million added to that.

If we as a Parliament are to invest in the durability of any settlement, then we must invest in the wishes and aspirations of the people. I understand there are ongoing discussions with Te Rōroa about the possibilities of Kaharau and Te Taraire being included, and I understand that Parekura Horomia, the Minister of Māori Affairs, has had something to do with this.

There are many longstanding issues of injustice in this settlement. The treatment of waka tūpāpaku and kōiwi has been found wanting. Dr Cullen explained many of those injustices earlier on. As with other settlements, the internal conflicts and division that have occurred through the passage of this settlement have been damaging to the spirit of the people who are so proud to be Te Rōroa. Throughout it all, these people—the tall ones, Te Rōroa—have stood proud in their whakapapa, passionate to defend the legacy of their tīpuna.

We in the Māori Party acknowledge the sacrifice and the dedication of all the people who have fought and who have kept on fighting to protect the honour of Te Rōroa. I say to Te Rōroa that we acknowledge them. Ka mihi atu ki a koutou mō ō koutou kaha, mō ō koutou māia kia taea tonu tēnei kerēme. Tēnā koutou.

[I acknowledge you and your efforts, and capability to get this claim through. Well done.]

Te Rōroa can be proud of their longstanding determination and of the efforts and struggles of their tīpuna and their young ones alike to restore peace and enduring justice for their people. This is a day to remember, he rā whakamaharatanga. Thank you, Mr Deputy Speaker. Kia ora.

JUDY TURNER (Deputy Leader—United Future) : I stand on behalf of United Future to speak in support of the Te Roroa Claims Settlement Bill, which resolves a wide range of issues that Te Rōroa have sought redress on since 1861. This bill acknowledges clear breaches of the Treaty, including very poor process and clear alienation from lands and resources. The bill acknowledges the effect of those breaches over time on the people of Te Rōroa and, to ensure that those acknowledgments are not glossed over, the redress includes an agreed-upon historical account. There is financial and commercial redress, and rights of deferred selection and rights of first refusal are included in terms of future provisions. United Future congratulates the Crown and the iwi negotiators. We recognise that time and circumstances have seen much land in private ownership unable to be included. We wish Te Rōroa well with the new beginning that today signals. We are very, very happy to support this third reading.

Hon TAU HENARE (National) : I want to echo Shane Jones’ kōrero about how significant it is that you, Mr Deputy Speaker, are in the Chair when we are passing the third reading of the Te Rōroa Claims Settlement Bill.

I start my comments on the bill by saying “Not enough, not enough, not enough”. It is pathetic, and I do not mean that as a shot at the Minister in charge of Treaty of Waitangi Negotiations, the Deputy Prime Minister. I say that because this bill addresses one of the most shameful acts that any Government has put across a people—that is, the continued desecration of a small but proud people. Again, I do not refer to the current Government. In fact, this House has gone some way to putting right the wrongs of former Governments.

I feel rather proud that I can stand in the House and speak on this bill, because my great-grandfather was part of the triumvirate of members of Parliament back in the days that took on board what had happened to Te Rōroa. The funny thing is that in 1993, when I took up my spot in the House of Representatives, for the next 3 years I was inundated with faxes and letters from Ngāpuhi saying: “Those fellows aren’t Te Rōroa. They’re just a little offshoot of Ngāpuhi.” I will not name those people, but they know who they are. I congratulate those who are left from Te Rōroa on sticking it out and going the extra mile.

This bill is not about only Te Rōroa. In the history of New Zealand, in a hundred years’ time, people will look back on Te Rōroa and the settlement, and they will think: “Allan Titford”. I want to bring up the issue of Allan Titford, because it is important to the whole story of Te Rōroa that we do not forget that there is still bitterness out there over this settlement, and it is not felt only by some of the whānau. It is also felt by Pākehā people who have been involved in the area. I just say to Te Rōroa: “Go well!” Hopefully, they can smooth the rough edges that, unfortunately, the Government has left them. We will try our best to smooth some of them, as well.

There has been mention of Waimamaku. I cannot stand here and not mention the first time I went to Waimamaku. I was working with the Department of Internal Affairs as a community development adviser, and the people from Waimamaku had put in an application to the Lottery Grants Board to get some funds for the marae. I went up there and met with Whetū Naera and the folk up there, and I wrote a report saying that they should get a grant of millions and millions of dollars for their marae. Whether they were successful, who knows?

There is an issue, dear to my heart, that arises out of the process with the bill, and that is the repatriation of taonga, whether repatriated from overseas or from within our shores. I must say it should not be a case of finders keepers, losers weepers. It should not be that simple, especially when we are talking about kōiwi tūpuna taonga. Which one of us in this House would like to see our grandmother and grandfather sitting on somebody else’s mantelpiece? That is how I equate it. Surely we have to do a hell of a lot more than we have been doing to repatriate those taonga into the proper ownership, the hands of those from whom those taonga have been taken.

The other significant issue was the Aranga farms issue—the Allan Titford issue—and out of that issue came the decree that no private land would or could be used in the settlement of Treaty claims. So, good or bad, that is what came out of that issue. I am disappointed that we could not get the return of the taonga in question, and I know that everybody who comes back to the House after November will try, in their role as parliamentarians, to make sure they get those taonga returned.

I want to, I suppose, apologise to Te Rōroa and my apology is this: “We have given you so little, I do not expect miracles. We have given you so little to work with, it is a wonder that any good will come of it.” I sincerely mean that, and it is not because of Te Rōroa; it is because of us. I am still shocked and shamed by what we have been able to do for Te Rōroa. They have been waiting 15 to 16 years for a settlement bill, only to get $9 million in today’s money. That would most probably be the yearly salary of somebody from AIG or Lehman Brothers Bank.

I notice that there is a 13-page preamble to the bill, and it tells the story, however briefly, of Te Rōroa. Maybe in the future we can gather up all our Treaty settlement bills and look at all the history that has been written in those preambles, and maybe we can bind them and use them for the history lessons that we should be teaching our kids in mainstream education and kura kaupapa.

I want to end by again saying that the Māori Affairs Committee did its job wonderfully well, under the good stewardship of Dave Hereora. We travelled to Dargaville, and I have to say that when we go through the select committee process and hear submissions, there is always one that stands out. There is always one submission that really knocks us off our seats. A guy came up to the select committee table with a little tree, and I thought that it was a gift for us, as a select committee. I will not mention any names.

Pita Paraone: It wasn’t any tree; it was a tupuna—it was a kauri.

Hon TAU HENARE: It was “the” tree. It was a kauri. You know, Māoris love theatre, eh? We love theatre—that is why we come here.

The guy told his story. He told us what he wanted to tell us, and then he started hacking at the tree—well, he was not hacking at it; he had proper secateurs, or whatever they were. I was gobsmacked. I wanted that tree, but maybe we will go to Te Rōroa and get a couple of trees for our backyard at Christmas time.

I offer my congratulations to the Nathan whānau and to everybody in Te Rōroa on having the guts to stick it out, and stick it out. For over 100 years, they have been waiting for this. Finally, I say that Uncle Maite would have been very, very pleased and very, very humbled by the experience. Kia ora.

• Bill read a third time.

• Waiata; karanga

Hon Dr MICHAEL CULLEN (Minister in charge of Treaty of Waitangi Negotiations) : I move, That the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) 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.

Taranaki Whānui ki Te Upoko o Te Ika comprises people from Taranaki iwi, including Te Ātiawa, Taranaki, Ngāti Tama, and Ngāti Ruanui who descend from signatories of the 27 September 1839 Port Nicholson Block purchase, ancestors listed in the schedule to the declaration of the Native Land Court in Wellington dated 11 April 1888, and/or ancestors who exercised customary rights in the Port Nicholson Block on or after 6 February 1840 by virtue of being descended from one or more of the named iwi in this settlement. This settlement covers the area of the Port Nicholson Block, which is an area of approximately 271,000 hectares spanning the Wellington, Lower Hutt, and Upper Hutt areas. The claims of Taranaki Whānui ki Te Upoko o Te Ika were lodged with the Waitangi Tribunal from 1987 onwards, and the district report was presented in 2003. The Crown recognised the mandate of the negotiating team that settled the claims in January 2004. The terms of the negotiation were signed in mid-2004, the agreement in principle was signed in December 2007, and an initial deed of settlement was signed in June 2008. During June and July the post-settlement ratification process occurred, which demonstrated sufficient support to proceed to the final deed of settlement in August 2008.

The grievances to which this settlement relate stem largely, but not solely, from the Crown’s role in the sale of land within the Port Nicholson Block. In September 1839 the New Zealand Company, a private land settlement company, sought to purchase land in Wellington Harbour and its environs from Taranaki Whānui ki Te Upoko o Te Ika. Before the arrival of its representatives in New Zealand, the company had already sold nearly 100,000 hectares in the Port Nicholson area to prospective settlers and had held a lottery in London to allocate land to them. The company’s representatives negotiated the Port Nicholson deed, which was signed on 27 September 1839 with Taranaki Whānui ki Te Upoko o Te Ika in an attempt to purchase a large district of Port Nicholson and its environs that was subsequently known as the Port Nicholson Block. That deed was later found to be seriously flawed by a Crown-appointed land claims commissioner. In 1841 the Crown assumed ownership of the harbour islands, despite the deed’s flaws, and it also proclaimed the Wellington town belt to be a public reserve without offering compensation.

The 1839 deed provided that a tenth portion of the land conveyed by it would be reserved for Taranaki Whānui ki Te Upoko o Te Ika. The company intended that some of these tenths reserves would be occupation reserves, while the remaining tenths reserves would provide an endowment fund. Despite the initial findings of the land claims commissioner, the Crown established a process by which the company could validate its 1839 purchase. In return for £1,500, which was negotiated between the company and a Crown representative, Taranaki Whānui ki Te Upoko o Te Ika signed several deeds of release in early 1844, so that the company could complete its purchase. But it was always uncertain how much land had been purchased by these deeds of release. The Crown subsequently treated all of the land in the district covered by the 1839 deed as if Taranaki Whānui ki Te Upoko o Te Ika’s title to it had been fully extinguished.

In 1846, in order to finally secure the lands to the company, the Crown instructed the appropriately named Lieutenant Colonel McCleverty to find Taranaki Whānui ki Te Upoko o Te Ika alternative lands in exchange for their reserve lands around Wellington Harbour. As a result of these exchanges the iwi were pressured to move from their traditional lands to lands that proved inadequate to sustain their way of life. The Taranaki whānui grouping had no role in the administration of the remaining tenths reserves until 1985. There were long delays in establishing proper administration, including delays in the passing of legislation. The Crown-appointed trustee also appropriated tenths reserves land for public purposes, and much of this was alienated under the Crown-appointed trustee’s administration. In order to generate income from the reserves, the Crown-appointed trustee established a regime of perpetual leases, and over time the effects of inflation, of course, reduced rental returns. As a historian, I should note at this point that such leases at the time did not seem to have the same disadvantage as they do these days, because, if anything, prices were either stable or, in the later 19th century, actually declining, so a guaranteed return seemed quite a good bet from the perspective of those who owned the land. As another consequence of settlement, Wellington Harbour, an important food and trade resource for Taranaki Whānui ki Te Upoko o Te Ika, was adversely affected by the pollution and sewage generated by urban and industrial development, as well as by reclamations around the harbour.

There is much, given even that brief recitation of the history, for the Crown to apologise for. The Crown’s apology recognises that the Crown breached its obligations under the Treaty and its principles. This breach includes the Crown’s failure to consistently protect Taranaki whānui’s interests during the process by which the Crown and its agents acquired Taranaki whānui’s interest in the Port Nicholson Block, the compulsory acquisition and endowment of their lands for public purposes, and various acts and omissions in relation to delays in the implementing of legislation and administration of the reserves. This significantly undermined the tino rangatiratanga of Taranaki Whānui ki Te Upoko o Te Ika, and this impacted upon their economic and social development. As part of the settlement and in response to the Crown apology, Taranaki whānui have very generously provided a statement of forgiveness to the Crown. The Crown, of course, is forgiven for those matters for which the Crown is apologising, and this is a unique feature in a Treaty settlement. The Crown will recognise the traditional, historical, cultural, and spiritual association of Taranaki whānui with a vesting of 18 sites, including three Wellington Harbour islands, the beds of the Pencarrow lakes and two associated esplanade reserves, three other sites in Upper Hutt, the Pētone foreshore, and Seatoun. The bill provides that the existing reserve status will be maintained except for Pencarrow lake beds and esplanade reserves, which will instead have a conservation covenant on their title. The sites’ natural values will be protected and public access will be provided for.

In addition, the bill provides for the establishment of a Harbour Islands Kaitiaki Board to administer the harbour islands, with an equal number of representatives from the Department of Conservation and from Taranaki whānui. Other sites to be invested in Taranaki whānui include the land under Pipitea Marae, subject to the final conclusion of an arrangement with the existing lessees, the Ngati Poneke Māori Association; two Crown-owned properties in central Wellington and one in Waiwhetū; the former Wainuiomata College site; the former Wainuiomata Intermediate School site; and the former Waiwhetu School site; an urupā site at Mākara; and two dendroglyph areas near the Pencarrow lakes. There are to be statutory acknowledgments over 13 sites in the Port Nicholson area that register the special cultural association that Taranaki whānui have with those areas, and those will require therefore consent authorities to provide Taranaki whānui with all resource consent applications under the Resource Management Act that may affect the areas named in the acknowledgments. A deed of recognition will cover the Rimutaka Forest Park, Wainuiomata Scenic Reserve, and the Turakirae Head Scientific Reserve. The deed of recognition will oblige the Crown to consult with Taranaki whānui and have regard to their views regarding the special association they have with such a site. These are a form of non-exclusive redress, meaning that more than one iwi can have a deed of recognition over the same site. Eight place names in the Wellington area will be changed by the bill, subject to approval by the New Zealand Geographic Board.

In the spirit of partnership and in recognition of the social and economic advances that Taranaki Wwānui have mapped out for themselves, the deed of settlement provides for a number of relationship instruments, including a whole-of-Government relationship with the Crown, which will assist Taranaki whānui to reach social, economic, and cultural goals. There is, of course, financial and commercial redress. There is a financial settlement of just over $25 million, minus money previously paid on account; the right to purchase specific properties, including the former naval station at Shelly Bay; the opportunity to purchase land under certain properties in Wellington City and Lower Hutt; and a 100-year period of right of first refusal over specific properties.

Finally, may I pay tribute to the Port Nicholson Block Claims Team, led by Professor Ngātata Love, who have brought to the table a collective representing more than 16,000 members whose affiliations span at least four iwi. This is a massive achievement on the part of that negotiating team. The bill, of course, will proceed to a select committee. I am sure there will be very widespread support. I know that this bill is particularly supported by the mayor and the council of the city of Wellington, who see this as a great platform on which to move forward together in the Wellington region.

CHRISTOPHER FINLAYSON (National) : The National Party will support the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Bill through all its stages. As a lifelong Wellingtonian, born and bred here—

Hon Members: Oh!

CHRISTOPHER FINLAYSON: —unlike many people here—it gives me great pleasure to say that I enthusiastically support this settlement. It is long overdue. We deal with legislation as it goes through the House, and we look at the provisions that make up settlement legislation, but I submit that there is no substitute for looking at the reports of the Waitangi Tribunal, because it is only when we do that that we see the injustices and the disgraceful conduct by the Crown, which has gone on for far too long.

This claim began as Wai 145. It was brought in 1987 by the Wellington Tenths Trust and the Palmerston North Māori Reserve Trust. As a result of hearings before the Waitangi Tribunal and evidence that had been adduced, the tribunal reported that “it became apparent that the claimants’ grievances extended beyond matters which were solely the concern of the Wai 145 claimants.”, and that is why other parties became involved—for example, Ngāti Toa, Ngāti Tama, Ngāti Rangitahi from Taumarunui, Rangitāne, and others. The report is salutary, and I think it would be really useful for members to read it and, indeed, for reports to be made more generally available, because they play such an important role in outlining the history of our country.

Let us look at the key tribunal findings on events as at 1840. The first key finding was that “At 1840, Maori groups with ahi ka rights within the Port Nicholson block … were Te Atiawa at Te Whanganui a Tara and parts of the south-west coast; Taranaki and Ngati Ruanui at Te Aro; Ngati Tama at Kaiwharawhara and environs and at parts of the south-west coast; and Ngati Toa at Heretaunga and parts of the south-west coast.” A key finding of the tribunal—and the Minister referred to it in the course of his speech—is that “The 1839 Port Nicholson deed of purchase was invalid and conferred no rights under either English or Maori law on the New Zealand Company or those to whom the company subsequently purported to on-sell part of such land …”.

On the grievances from 1840 and the breaches of the Treaty, “The Crown took most of the town belt land from Maori without obtaining their consent or carrying out any consultation and without making any payment …”. As one goes through the grievances one sees the constant repetition of lack of consultation: “The Crown also took various reserves in Wellington for public purposes and assumed the ownership of Matiu (Somes Island) in 1841,”—again, without obtaining any consent. The Minister in charge of Treaty of Waitangi Negotiations has referred to the inquiry that was set up. It was switched from an inquiry to arbitration—again, without any consent and without any steps being taken on the part of the Crown to ensure that there was a fair process that was acceptable to Māori and could be followed.

The 1844 deeds of release breached the Treaty. Ngāti Tama were not treated properly at Kaiwharawhara and at Heretaunga. I pass over Ngāti Rangitahi because they are not included in this bill. They will be the subject of other negotiations at some later stage. The Minister has referred to the McCleverty transactions, which were unacceptable. So it goes on, right up until very recent times—for example, the alienation of urban reserves: from 1840 to 1882, 23 valuable Wellington Tenths reserves were taken “for hospital, educational, and religious purposes without any consultation with or the consent of the Maori beneficial owners …”, and when compensation was paid it was “manifestly inadequate”. The Minister said that there were complaints about administration of the Wellington Tenths Trust and they continued right through to 1985. Waiwhetū Pā land was taken for river protection purposes when it need not have been.

These kinds of mistakes have been made since 1839, and it is high time this Parliament addressed them and introduced this legislation. National will certainly be cooperating because it is important that this bill be passed into law very quickly.

• Sitting suspended from 1 p.m. to 2 p.m.

CHRISTOPHER FINLAYSON: Before the luncheon break I was reviewing some of the findings of the Waitangi Tribunal, which did not make particularly pleasant reading. They were, with apologies to the late Justice Mahon, a litany of failings. The last one I mention, before turning to the bill, relates to the Wellington Harbour and foreshore. The tribunal found that “Maori have been prejudicially affected by the actions of the Crown and legislative provisions which authorised the reclamation of substantial parts of the foreshore of Wellington Harbour. Those Maori so affected were Te Atiawa, Ngati Tama, Taranaki, and Ngati Ruanui …”. I certainly endorse the statements made by the tribunal about reclamation around Wellington Harbour. The reclamation at Kaiwharawhara is a particularly bad one.

Now we come to the bill. The bill sets out a number of standard provisions. Some matters did not need to be contained in the bill—they are simply contained in the deed of settlement—but they are also worth referring to. I do not want to encourage Mr Paraone, but there is reference at least in the explanatory note to the Treaty of Waitangi or its principles. I do not want that to be an invitation to Mr Paraone to make another speech about vague references to principles.

What are the key elements of the bill? First, it provides for vesting in the trustees of certain cultural redress properties. I refer to 1 Thorndon Quay, which we all know; the Pipitea Marae site mentioned by the Minister; an urupā site at Mākara; the Point Dorset Recreation Reserve, which is another one that is well known to Wellingtonians; and the Matiu Historic Reserve.

Next the bill sets out the Crown’s acknowledgment of the statements made by Taranaki whānui of their spiritual, historical, and traditional association with certain historical areas. The ones that immediately leapt off the page at me, because of my knowledge of Wellington, were the Kaiwharawhara Stream, the Hutt River, the Waiwhetū Stream, Wellington Harbour, the Government Buildings Historic Reserve, the Turnbull House Historic Reserve, and the Rimutaka Forest Park. There is provision for official amendment of eight place names, ranging from Ngauranga Stream through to Steeple Rock—which, as we all know, is just off Seatoun. Certain elements of the settlement package are referred to in the deed of settlement only; the Minister has covered those.

I am particularly interested in the option for the trustees to purchase certain properties, particularly four Shelly Bay properties. I have had a bit of insight into the potential for a development there, and I regard it as really exciting. I think all Wellingtonians will be beside themselves with joy when they see what is planned, and that is why I am so keen for this legislation to get through. This is all pretty exciting and it will make Aucklanders absolutely jealous.

Finally, a very good acknowledgment in the deed of settlement, which I do not think I have seen before, provides a very good precedent for the future. It provides for an appropriate Minister of the Crown to chair an annual hui between relevant Ministers of the Crown and trustees for various purposes. I think that is an excellent idea and it is to be encouraged, because the after-settlement discussions will prevent problems occurring in the future.

All in all, it is good legislation and National supports it. We will cooperate in the passage of the bill through all its stages, including select committee. I will save my congratulations to the various negotiators and those who have played a part in the development of the bill until the third reading.

Hon GEORGINA TE HEUHEU (National) : Ā Taranaki Whānui ki Te Upoko o Te Ika, tēnā koutou, tēnā koutou, tēnā tātou katoa. I am very pleased to take a call on the first reading of the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Bill. Like other bills that come before us this bill has also had a long gestation, and it is very fortunate that it now presents itself in the environment of the renewed energy and vigour of the Government, under Dr Cullen. Dr Cullen seems to have been able to motivate several iwi to get some steam into settlements or claims that might have been lax or lying by the wayside, or at a stage where iwi might have been thinking: “Well, if nothing happens here, we’re going to move to the next step.” So it is a very, very fine thing that this bill now comes into the House.

I feel I have a little bit of a connection with the settlement, in as much as I suppose if one was a member of the Waitangi Tribunal, which I was for 10 years, then it is not surprising there may have been a connection to a settlement of an iwi I am not a part of. But I started sitting on the tribunal when it was hearing this claim. Obviously, when I became a parliamentary candidate I had to step down from the tribunal, but that, for me, gives an idea of the time of the claim. This is my twelfth year in Parliament and we started hearing the claim in the early 1990s. I remember going on a site visit with lawyers and other tribunal members—including Gordon Orr, and Bill Wilson, who has now been appointed to a higher bench—and having a look at the sites that once belonged to Taranaki whānui, but of course up until a settlement started to be negotiated with the Crown, that had not been theirs for some generations. So I congratulate the Taranaki families that have worked for so long and so assiduously to bring their claim to this point, and to conclude a settlement.

These settlements are difficult, they are complex, and they take time. Of course, these families will know as well as anybody that at the time when their claim got off the ground and the hearings started, the environment within which we were all operating was not necessarily conducive to Treaty settlements. As an example of how time has moved on, and of how our nation has matured in relation to the responsibilities of a Government and its citizens to address longstanding injustice—which is what these claims are about—I tell the House that I recall seeing, when the deed of settlement was signed some months ago, an editorial in the Dominion Post that basically praised the iwi and the Government for reaching a settlement. I do not think we saw that sort of editorial 15 years ago, which of course makes the activities of that time all the more significant. But these days, and particularly in relation to this claim and this area, the leading newspaper of this city has shown an obvious maturing and a clear appreciation of the importance of these settlements—that they are not just about Māori wanting things for themselves; they are about Māori wanting to feel a sense of justice, and a sense that the laws of this country can protect their rights, as well, and can bring redress for the things done to them in the past that constituted a breach of the Treaty of Waitangi. So, yes, when I opened the newspaper a few months ago and saw the editorial exhorting Wellingtonians and the people of this area to see this settlement as nothing but positive for this area and this economy, I smiled and I thought “Wonderful—things have definitely moved on.”

We come to the bill. My colleague Chris Finlayson gave a very good review, I thought, of the findings of the Waitangi Tribunal. They show, in essence, that the Port Nicholson deed was a sham, because within a very short time of its being signed, the Crown—the Government of the day—started to breach those very things that it had promised to the iwi of this region. That was a bit of a shameful time but nothing that we need to feel guilty for, because those breaches were made by our forbears, in the wisdom of their ways. But here today we have the privilege and the pleasure of moving to put right some of the hurt and the tragedy that befell Taranaki whānui when quite quickly they found themselves being dispossessed of their lands, contrary to what they had expected when they signed the Treaty of Waitangi. Congratulations to Taranaki whānui! In the scope of this settlement, Taranaki whānui define their rohe as conforming to the boundaries of the Port Nicholson Block. There are 17,183 registered members, comprising people from Taranaki iwi: Te Ātiawa, Taranaki, Ngāti Tama, and Ngāti Ruanui; and other people from Taranaki, including Ngāti Mutunga. And for those people who do not have the advantage of being here in this Chamber this afternoon, but who may be listening or watching, I say that representatives from all those tribes are here today. We greet them; I greet them.

According to the explanatory note of the bill, “The settlement settles all of the historical claims of Taranaki Whānui ki Te Upoko o Te Ika. Those claims include all claims that are, or are founded on, a right arising—from the Treaty of Waitangi … or under legislation; or at common law … or from fiduciary duty; or otherwise.” But it must always be made clear, and there is no harm in reminding ourselves, that Taranaki whānui, like other tribes, claim only what they see as their rights in the law—their rights in the law—and that is the beauty of these settlements. They are founded on rights that flow either from legislation or from the common law of England. They are not some fanciful notions of what people think they should have; they are seriously founded in the law of this land. Therefore, it is only right and proper that this Parliament, some 160 years on, is moving to address the longstanding injustice done to these people.

Just briefly in closing, I tell members that with my colleague Chris Finlayson, I was privy to some plans that have been put forward for the Shelley Bay property. The plans look very, very exciting, and they underpin the importance of these Treaty settlements to the regions in which they are founded. These settlements are not just for Māori; they are for the areas and the regions from which they come, and for all the people of those communities. They will be a benefit to all, and ultimately they will be a benefit to all of us as New Zealanders, in this great little country of ours.

We will have more to say as this bill proceeds through its various stages, but for today I want to say again “Congratulations! Ngā mihi ki ngā whānau, ngā iwi o Taranaki”, and we will see members of the iwi as we proceed with this bill. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

PITA PARAONE (NZ First) : Tēnā koe, Madam Assistant Speaker, ā, tēnā hoki koe ngā uri o Te Ati Awa, Ngāti Tama, Taranaki, Ngāti Ruanui, koutou ngā iwi mai i te rohe o Taranaki, arā, ko Ngāti Mutunga, koutou katoa i hakatau mai ki tēnei Whare i runga i te kaupapa a hakahuihui mai i a tātou, arā, ko te pire e kī nei, Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill. Engari, i mua i te haerenga o tōku kōrero, e hiahia ana au kia mihi atu ki ngā rangatira i kawe mai i tēnei kaupapa mō ngā iwi i hakahuangia e au i tēnei wā. Nō reira, e Tā Paora, Ahorangi Ngātata Love, Kara Puketapu, Neville Baker, Mark Te One, June Jackson, Liz Mellish, Dawn McConnell, Spencer Carr, me Kevin Amohia, tēnā koutou katoa.

[Greetings to you, Madam Assistant Speaker, and to you the descendants of Te Ati Awa, Ngāti Tama, Taranaki, Ngāti Ruanui, and those of you also of Ngāti Mutunga of the Taranaki region, all of you who have gathered together in this House as well as us, in regard to the Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill. But before I continue with my address, I want to acknowledge the leaders, Sir Paul, Professor Ngātata Love, Kara Puketapu, Neville Baker, Mark Te One, June Jackson, Liz Mellish, Dawn McConnell, Spencer Carr, and Kevin Amohia, who brought this matter before us on behalf of the iwi groups whom I mentioned earlier. Congratulations to you all.]

As is my practice, particularly with regard to Treaty settlements such as the one the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Bill relates to, I declare a vested interest by way of both whakapapa and an association with some of the principals involved in the negotiations with the Crown. I know that it

probably causes some alarm when I make mention of whakapapa. Well, I say I have a niece who descends from Hineamaru, the eponymous ancestress of Ngāti Hine. She will certainly be a beneficiary of the settlement, by virtue of her birthright within Taranaki whānui. So I declare that relationship by way of whakapapa.

In terms of association, I will list a number of names of people in the group that is responsible for bringing this bill to the stage that it is at today. I particularly make reference to Kara Puketapu, Ngātata Love, and Neville Baker, because prior to coming here to this House I was an employee of the Department of Māori Affairs, and both Kara Puketapu and Ngātata Love were chief executive officers of that department during that time. Also, a senior manager, Neville Baker, was one of my senior officers. In fact, all three, I would suggest, have contributed to my development in terms of an involvement in Māori development. So I just acknowledge that association.

This bill follows a number of milestones that have led to this settlement, which have included the recognition by the Crown of the mandate of the Port Nicholson Block claims team to negotiate the historical claims of the Taranaki Whānui ki Te Upoko o Te Ika in January 2004. In July 2004 terms of negotiation were signed, and an agreement in principle was subsequently signed in December 2007, leading to the signing of the deed of settlement that took place last month at Pipitea Marae. I had the pleasure of being in attendance to witness that important occasion. As was pointed out on that occasion, the signing of the deed of settlement was a critical point in the journey toward cultural, social, and economic rejuvenation for Taranaki Whānui ki Te Upoko o Te Ika, and this bill is further progress in that journey. It should be noted that it has taken 21 years to settle what has essentially been 168 years of grievance for this iwi group.

When making reference to the time that has been taken to complete settlements, reference is often made to the number of iwi members who have passed on since claims were first lodged. E kī nei te kōrero, ahakoa kei te ngaro rātou ki te tirohanga kanohi, kei konei wā rātou wairua i waenganui i tātou i te rā nei. It is said that although they are lost to our sight, they are present in spirit. Of course, this settlement is no different from others in that regard. However, it has been pointed out as an alternative observation that the progress of this settlement has seen seven elections, seven Governments, six different Prime Ministers, a number of Ministers responsible for Treaty negotiations, and “a parade of officials too numerous to count.” For me what has tremendous relevance, when compared with other settlements, is that the parties to this bill—that is, the Crown and the mandated representatives—are actually based in the same town over which the settlement traverses, yet it has taken as long as this to reach this point.

This bill is not only significant for Taranaki Whānui ki Te Upoko o Te Ika but also for the wider Wellington community. The previous speaker from National, Georgina te Heuheu, articulated that importance for the local economy. The bill also has a uniqueness about it that I believe sets it apart from other Treaty settlements, in that a sense of divine influence is intrinsic to the bill. I refer, of course, to the statement of forgiveness from Taranaki Whānui ki Te Upoko o Te Ika to the Crown for breaches of the Treaty of Waitangi incurred by the Crown. The adage “To err is human, to forgive divine” is certainly exemplified in that statement.

The settlement includes a cultural redress package that features the transfer of a number of sites of cultural significance to the iwi, some of which will retain the access rights presently enjoyed by the general public. I know that the previous speaker made reference to being privy to some proposed plans for Shelly Bay. I cannot comment on that; unfortunately New Zealand First has not been privy to those plans. But suffice it to say it indicates the commitment that Taranaki Whānui ki Te Upoko o Te Ika has made in terms of its contribution to the development and the well-being of the local community.

I understand that a number of hui involving iwi members were held to consider this settlement package, and that there was support to accept the settlement. There were 7,120 registered adult members eligible to vote, of whom 2,634 cast valid votes. Of that number, approximately 2,597 voted in favour of accepting the terms of the deed of settlement. That shows just how effective the negotiating team has been in terms of articulating the details of the settlement, but it also affirms the acceptance of the people of Taranaki of the quantum of this settlement. For whatever reason, it can be seen that a number of eligible iwi members did not vote. The select committee process will afford them a further opportunity to have a say, and I hope they will avail themselves of it and express their views. Again, I acknowledge the leadership that has been exercised by iwi representatives in this process.

New Zealand First supports the first reading of this bill. Kia ora.

SUE KEDGLEY (Green) : As a Wellington-based MP and a Wellingtonian born and bred, I am delighted to support the first reading of the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Bill on behalf of the Green Party.

The grievances of the Taranaki whānui are so stark and so long-lasting—168 years—and the breaches of the Treaty are so extreme that it is extraordinary that this bill has taken so long. I am a little bit sad that the bill has been introduced only in the very last days of this Parliament, but we look forward to its very speedy progression through the next Parliament.

I recall being briefed on the settlement many, many years ago when I was a Wellington city councillor, and I understood then its significance not just for the Taranaki whānui but also for all the people of the Wellington region. Perhaps it is partly because the bill has taken so long and there has been such wide consultation that there is a sense of real anticipation and very positive enthusiasm for the settlement on the part of the people of Wellington. I agree with previous speakers that the settlement will have tremendous significance for the Wellington economy. I think we understand that, which is why it is so eagerly anticipated.

Like the previous speaker, Pita Paraone, I have not had the opportunity to see the plans for Shelly Bay. They have been discussed for many, many years, and I am delighted to hear that they are as exciting as the previous speakers have said. I congratulate all of those who have taken part in negotiating this settlement. It really has been a marathon. I think this bill is justly deserved, long overdue, and much supported by the people of Wellington. There is tremendous enthusiasm and support across all parties, across all of our region, and, indeed, across all of our nation for the bill.

For the sake of iwi and hapū, we wish very speedy progress in the second and third readings of this bill.

TE URUROA FLAVELL (Māori Party—Waiariki) : Tēnā koe, Madam Assistant Speaker. Kia ora tātou katoa. Koutou, nō koutou tēnei whenua, kāre e tika ana mā te manuhiri te tangata whenua e mihi. Hoi anō ko tāku, he whaiwhai haere i te āhuatanga o ngā kōrero a ērā i tū i mua i a au. Whakatau mai ki roto i te Whare nei, tēnā koutou katoa. Otirā, ka huri atu ki a koutou o te Kāhui Ariki, ka rere tonu ngā whakaaro ki Waikato, he piko he taniwha, he piko he taniwha te kōrero, nau mai, tēnā koutou, kia ora tātou katoa.

[Greetings to you, Madam Assistant Speaker, and to us all. This land belongs to you, the people of the land, and it is not for the visitor to welcome to what is yours. Mine is merely to follow up on what others before me have advocated. But do make yourselves at home in this House. I turn now to acknowledge you, the King movement; to Waikato, and that adage: at every bend of the river is a chief. Welcome, greetings to you, and to us all.]

It is a rare day when every member of this House can acknowledge a special association to a Treaty settlement. Today is that day, when all of us honour the descendants of Taranaki Whānui ki Te Upoko o Te Ika for their generosity in allowing us to work in their rohe. We honour the presence of the uri of Taranaki iwi who migrated here to Te Whanga-nui-a-Tara in the 1820s, establishing settlements around the harbour, Kaiwharawhara, Waiwhetū, and Te Aro Pā. We acknowledge them all: Te Ātiawa, Taranaki, Ngāti Tama, Ngāti Ruanui, and Ngāti Mutunga, who descend from the ancestors of Taranaki Whānui ki Te Upoko o Te Ika.

For the uninformed, some might ask how the heck the name “Taranaki” ends up in a bill about Wellington land. Similarly, many would not know that Taranaki tūturu is actually one of the many tribes of Taranaki. This is the history, a Māori history of migration. So to my in-laws and kōeke of my Pūniho and Parihaka children, I say tēnā koutou, kia ora tātou.

The Māori Party, as we say, is unique in this Parliament for having kaupapa Māori drive us as our philosophical base. So it is with much pleasure that we note that the Port Nicholson Block claims also live by kaupapa that has paved the way for this significant day. I want to share with this House the kaupapa that they adhere to in their commitment to ensure that the settlement benefits are shared by all who are entitled to them. That kaupapa is:

Together we arrived

Together we lived

Together we survived

Together we go forward

And together we will succeed.

We believe that this kaupapa provides an impressive foundation for a future, a foundation that validates the history passed down through the generations, a foundation for success.

Today is a critical point in the lives of generations to come. Taranaki whānui have mobilised all of their people to rebuild. These are people who have suffered the loss of connections to their harbour, forests, waterways, and natural resources within the Port Nicholson Block.

The ultimate offence had its beginnings in the 1839 deed of purchase, the document that the Waitangi Tribunal later found to be invalid. It is somewhat overwhelming to think that we are doing what we are doing today in an attempt to make right the wrong committed almost 169 years ago to the day. The 1839 deed, written in draft form and signed on 27 September 1839, but written only in English, assumed ownership of the Wellington Harbour and its environs, without even including a map of the boundaries. Before the New Zealand Company had even set foot in Aotearoa, it had sold nearly 100,000 acres of the Port Nicholson area to prospective settlers, through a grand lottery in London, for goodness’ sake! The 1839 deed of purchase re-appropriated the whole of Wellington city and its suburbs, including Lower Hutt, Upper Hutt, and Wainuiōmata.

Wellington city is of course the seat of Government, an area of major population, the site of one of our most important ports, and a business hub. The rugged hills and the lack of flat land mark out this space as one in which the whenua has acquired great financial value.

I understand that it was 21 years ago that two men submitted a claim to the Waitangi Tribunal: Mākere Rangiātea Ralph Love and Ralph Herberley Ngātata Love. Ka mihi ki a rāua. That claim was on behalf of the beneficiaries of the Taranaki Māori Trust Board, the Wellington Tenths Trust, and the Palmerston North Māori Reserve Trust, together with ngā iwi o Taranaki. The claim was made on the following grounds: the Crown’s failure to ensure that one-tenth of the Port Nicholson Block was reserved as provided for in the 1839 deed of purchase for Port Nicholson; the exchange of reserve land in Port Nicholson for land of a lesser value in Palmerston North; the taking of Wellington Tenths reserve land for endowments; and the leasing in perpetuity of Wellington Tenths and Palmerston North reserve land.

And so today we honour all those of Taranaki whānui for their perseverance in putting on the table claims relating to the action of the New Zealand Company, the theft by the Crown of Māori reserved lands, and the failure of the Crown to provide an adequate land base for Māori. They have also put on the table the impact of the regime of perpetual leases, the damage and devastation caused by pollution and sewage arising from urban development, and the reclamations around the harbour to provide land for public purposes.

This is a day, too, to acknowledge and congratulate Taranaki whānui and a very impressive claims team. Some of them have been mentioned, but I acknowledge them again: Professor Ngātata Love, Sir Paul Reeves, Neville Baker, Kara Puketapu, June Jackson, Liz Mellish, Mark Te One, Dawn McConnell, Dr Catherine Love, Spencer Carr, and Kevin Amohia. That there is a team! They have told their story, which has been 21 years in the drafting but decades and generations in the creation. It is a story in which many of the main characters have now passed on and are no longer with us. We remember them. E hoa mā, you have done well.

The settlement has a quantum of $25 million, as well as the opportunity to purchase a number of Crown properties in Wellington city and in the region—a portfolio of Crown-owned land estimated to be worth a mere $120 million. There is a significant cultural redress package recognising their key sites of tribal meaning, including the three islands in Wellington Harbour. The lake beds of Kōhangaterā and Kōhangapiripiri at Parangarahu are included, and reserve lands such as Wī Tako Scenic Reserve.

But there are some unique aspects of this settlement I want to bring to the attention of the House. This settlement is unique in that it introduces the concept of forgiveness. Forgiveness is a concept that we as tangata whenua understand. It is an essential component of reciprocity. In the act of forgiveness, there are two players: those who extend the spirit of forgiveness, and those who are forgiven. The difficulty in this case is that although the persons who are doing the forgiving are here in the flesh and form, the Crown is a lifeless object—an entity bereft of emotion. Will it weep? Will it wail? Will it cry? This is a tremendous gesture on the part of Taranaki whānui, who have offered a statement of forgiveness to the Crown. The Māori Party commends Taranaki whānui for an act of honour and great integrity, an act that demonstrates the ultimate expression of manaakitanga.

There are other elements of innovation that I want to note. The initiative of using an e-voting system, including Internet voting, was very impressive. Some 15 percent of the voters chose to vote online, which is something this House may well consider worthy of looking at in depth for other voting processes. There was the commitment to ensuring that the ratification process encompassed not just those living in this rohe but also whānau living across the Tasman in Sydney and Brisbane. There was also the speed of the ratification process. The process of going from a signed agreement in principle to an initialled deed of settlement within 6 months is also, as I understand it, pretty unprecedented. In fact, the rumour is that there are members here today who were hoping that the current urgency sitting might have been extended to allow Taranaki whānui to complete all of the stages of the bill on this great day.

We in the Māori Party recognise the achievements of Taranaki whānui today. Together they have survived; together they will go forward; together they will succeed. Ka nui te mihi ki a koutou, kai aku rangatira, kua tae mai ki tōu whenua, tēnā koutou, tēnā koutou, tēnā koutou katoa.

[I am full of admiration for you, my chiefs; the time draws near when it becomes your land. Congratulations, and good wishes to you all.]

Hon MAHARA OKEROA (Minister of State) :Ā, tēnā koe te Wahine o Poupou o te Whare. There are just a few things I need to say to my colleagues. The first is to Pita Paraone: we are very inclusive people. Ahakoa te tika mai o te whakapapa rā ā tō tamāhine i tana hokitanga mai ki te rohe o Taranaki.

[Although the genealogy of your daughter when she came back to the region of Taranaki is accurate.]

I thank my colleague Te Ururoa Flavell for such a very historically erudite presentation. I say that without any facetiousness whatsoever. Kua pai te kupu “erudite”!

Ā, tēnā tātau. Ehara tēnei tū e tū mihi atu anō ki a koutou e te iwi, e ngā whanaunga engari, kua noho i te taha o koutou rā a te Whare Āriki, arā, Tainui nui tonu, a Taupiri Maunga, Pirongia, Kakepuku, Tītīraupenga. Tēnā koutou e noho ngāitahi ai i runga me kī, ngā kōrero tawhito o ngā kīwai o te kete. Tēnā koutou, e tukuna atu ngā mihi ki a koutou.

[So greetings to us. I am not actually getting up to formally welcome you, the people and relatives, but merely to acknowledge the times spent with those of you of the household of the King movement and Tainui at large beneath the mantle of Mount Taupiri, Pirongia, Kakepuku, and Tītīraupenga. Greetings to you, living as one, in your ways so steeped in history. My regards to you, and congratulations.]

I am absolutely totally privileged to be standing here today. It is a kind of life cycle. If we live long enough, like Parekura Horomia and me, then in our life cycle we have a variety of experiences. I use that as a kind of exemplar, because my life cycle began by being born, as someone has alluded to, into a legacy of tribal disillusionment, marginalisation, and poverty—socially, culturally, economically, and spiritually. The privilege here is that I am old enough—ehara i te kaumātua tinana [not old physically]—to now participate in an extraordinarily historic day.

I am not the only one who has gone through that kind of experience, debilitating as it was. We are all descendants of that experience. But the test is being able to manage the experience and do more than merely survive. The test is a gruesome test, but it has also, I suppose, set pathways going forward for all of us.

This afternoon I listened to a waiata that was being sung. It went like this: “E toru ngā mea, ngā mea nunui …”. Well, I want to change the words. It reminded me that this is not the only muru raupatu experience that Taranaki whānui is going through. It reminds me of what happened in Taranaki. It is the same as what happened in Tainui, and the same as what happened in Tauranga—absolute and total muru me te raupatu. We have the experience again here in Te Upoko o Te Ika: ko ngā mahi taurekareka, nanakia hoki ō rātau ki te tāhae whenua.[their wretched and scandalous methods of taking land by stealth.]

We can go across the straits of Cook Strait, Te Moana o Raukawakawa, and it is there as well. A tribe—very peaceful, it was—e tipu ake mai raro i te tihi maunga tītōhea Taranaki [that sprang up from beneath the summit of barren Mount Taranaki] has gone through that debilitating process three times; the same people.

In respect of Te Tau Ihu o Te Waka, we have a Tainui-Taranaki collective claim there, as well. I ask members what that says about the resilience of our people. At the very least, we can say that it is absolutely extraordinary. There is a whakataukītanga kōrero that I want to refer to here. It is a kind of philosophical message that goes like this: “Whāngai mai tō hoariri.” The literal meaning of this phrase has something to do with “feed thy enemy”. What Taranaki has done here in that regard, as has been referred to, is the extension of a statement of forgiveness. I can understand whence that came. Mehemea kua mau ai koutou i te raukura titiā, te raukura a maunga rongo, [If you have worn the comb-like feather, the feather of amnesty] then it is understood what it means. What an incredibly powerful gesture, the first of its kind in any claim so far.

I pose the question about what this country could have been, were it to have grown from the promises of the Treaty of Waitangi rather than the breaches: “In the Treaty’s words lived the potential to disavow colonisation as previously known, with its dire consequences for native peoples around the world. The parties to the Treaty had an opportunity to show that with goodwill, it was possible for new settlers and indigenous people to gain and learn from each other. But almost immediately, that opportunity slipped away.” In the end, our colonial experience was classic, not unique. The mistakes of other nations, which we had the chance to avoid, we instead repeated.

I think that kind of analysis is huge, because the consequences of this failure are great and multiple. Aotearoa New Zealand is perhaps a lesser nation as a result of the Crown’s failure to uphold its obligations to so many generations of our people, and particularly those who have not survived to see kua whakatutuki mai ngā moemoeā a kui mā, ā, tauheke katoa. [the dreams of all the old folk, men and women, coming to fruition] But all has not been lost. I take great heart and positiveness from what we as a Government have done under the leadership of Tākuta Cullen me ana nei Minita tautoko.

In closing, I also give a little praise to Taranaki whānui up there in the Speaker’s gallery, for their leadership, wisdom, vision, and creative approach to being able to be here and resolve those issues that confronted them as a people. To a great extent that is related to the ability they had and have as leaders in our society today.

Nō reira e te iwi me te Whare, ka nui āku nei mihi, ehara ki a koutou anake engari, ki te katoa e wakakopekope mai nei i raro i te tāhuhu o te pou Whare, tīhei mauri ora ki a tātau.

[So to the people and the House, I am full of admiration not just for you but for everyone assembled here under the ridgepole of this House. The breath of life to us all.]

• Bill read a first time.

• Bill referred to the Māori Affairs Committee.

• Waiata

Hon Dr MICHAEL CULLEN (Minister in charge of Treaty of Waitangi Negotiations) : I move, That the Waikato-Tainui Raupatu Claims (Waikato River) 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.

This bill achieves three important things. It recognises the special and enduring relationship that Waikato-Tainui has with the Waikato River, historically, culturally and spiritually, manifested in the dual principles of te mana o te awa and mana whakahaere. In so doing it provides a legal structure within which that relationship can be protected and exercised in the future, and which also recognises the connections that other iwi have with the river. Thirdly, it creates a framework within which all communities with an interest in the river can play a part in its stewardship. Each of the changes created by this bill focuses on the goals on which all river stakeholders can agree, the restoration of the health and well-being of the Waikato River and its sustainable management into the future. This is a historic achievement for Waikato-Tainui, for all other residents in the Waikato region, and, because it is the largest and most significant river system in the country, for the people of New Zealand.

When the Treaty of Waitangi was signed in 1840 it contained the promise of a lasting and mutually beneficial relationship between the Crown and Pākehā—sorry, the Crown and Māori; the other one we call an election promise when it is broken. Too often the promise and potential of that agreement have remained unfulfilled. This legislation aims to realise that potential and promise and to establish an innovative co-management regime for the Waikato River.

The bill establishes the Guardians of the Waikato River, on which all river iwi and regional and national stakeholders are represented. It sets out a vision for the Waikato River. The guardians are responsible for the vision for the river and the strategy to achieve that vision. The guardians establishment committee, set up following the agreement in principle for this settlement in December 2007, has already been hard at work and has completed a public consultation process to determine the vision and strategy, the key elements of which are incorporated and recognised in this bill. This provided a confidence-building process in which Waikato-Tainui and all other stakeholders—other iwi, regional interests, and the Crown—could begin to focus on what was required to restore the health and well-being of the Waikato River. The way in which all members of the Guardians Establishment Committee carried out their tasks, and the relationship they have developed, provides cause for optimism that this settlement will have a profound and positive impact.

The bill also establishes the Waikato River Statutory Board. This board, on which Waikato-Tainui, Environment Waikato, and other local authorities are represented, provides for Waikato-Tainui to participate at the highest level in the co-management of the river. The board will be responsible for the implementation of the vision and strategy, and for monitoring progress towards the goals that have been established.

To ensure the changes introduced in this legislation do not duplicate existing processes and create unnecessary additional costs for all parties, the bill integrates this settlement within existing regulatory frameworks by providing legislative recognition for the vision and strategy. The vision and strategy will be a national policy statement for the purposes of the Resource Management Act and a statement of general policy for the purposes of conservation legislation. Through a Kiingitanga Accord between Waikato-Tainui and the Crown, the bill will also provide the structure for future relationships between Waikato-Tainui and Ministers of the Crown and their agencies as they work together to restore the health and well-being of the river.

To ensure the relationships facilitated by this legislation can be sustained, the settlement provides funding for several purposes: to provide a $50 million fund for the Waikato Raupatu River Trust to undertake initiatives to restore and protect their relationships with the river and its flora and fauna, to provide for ongoing participation by Waikato-Tainui in the co-management framework established by this legislation, and to provide a $20 million endowment to support the vision of the late Sir Robert Māhuta, who led Waikato-Tainui through the historical settlement process and initiated the claims on which those settlements have been based. Finally, the settlement establishes a clean-up fund, with an initial Crown contribution of $7 million per year for 30 years.

The settlement is a clear and straightforward solution to a complex and difficult problem. The Waikato is our largest river system. It supports a complex, interlinked series of relationships in which human habitation is a major component. Long-term failures in existing management relationships associated with the river have seen the quality of this vital system compromised. Future generations, Māori and non-Māori, faced the prospect of inheriting a river system in a steadily degrading state. This settlement provides the framework within which that degradation can be properly and adequately addressed and funded, the river returned to health and well-being, and a sustainable management regime implemented, so that our children and grandchildren will inherit a healthy river.

In 1975 Sir Robert Māhuta said: “The River belongs to us just as we belong to the River. The Waikato tribe and the River are inseparable. It is a gift left to us by our ancestors and we believe we have a duty to protect that gift for future generations.” Sir Robert’s work has been carried on and fulfilled in this settlement under the leadership of his widow, Lady Raihā Māhuta, and Tukoroirangi Morgan. In introducing this legislation to implement the Waikato River deed of settlement we are beginning to carry out that duty adequately—in partnership with Waikato-Tainui—for the first time.

In closing these comments I would like, of course, to pay tribute to Waikato-Tainui under the leadership of King Tuheitia and to recognise the presence in the public gallery of his sister as his personal representative and his chief speaker. It is the determination of Waikato-Tainui that has placed the restoration of the health and well-being of the river at the forefront of this settlement and ensured that every aspect of this bill is focused on that goal.

This agreement builds on the relationship between Waikato-Tainui and the Crown that was re-established with the settlement of historical land claims. That settlement has been of great benefit to both Waikato-Tainui and the wider community. I expect no less from this settlement. Thank you, Madam Assistant Speaker.

Hon GEORGINA TE HEUHEU (National) : E te waka o Tainui, te awa rere ana e Waikato, ngā uri o Te Wherowhero, e Te Arikinui, mai i tēnei o Taupō Nui a Tia, he mihi, he mihi, tēnā tātou katoa.

[To you the canoe of Tainui, the river of Waikato that flows, the descendants of Te Wherowhero, and to you Tuheitia, this one of the great lake of Tia humbly acknowledges and recognises you; greetings to us all.]

I feel very privileged to rise to speak on the first reading of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill. This is a significant bill that has come into the House this afternoon, and having acknowledged the elders and the uri o Te Wherowhero in the gallery, and others in support, I want to turn—hopefully not too lengthily, because 10 minutes does go quite quickly—to the preamble, which sets out some of the essence of the emotions, the sentiments, and the passion that I believe the iwi bring to the House this afternoon.

Te mana o te awa is one of the principles underlying this bill. To Waikato-Tainui, the Waikato River is a tupuna—an ancestor—that has mana, prestige, and in turn represents the mana and mauri, or life force, of the tribe. Respect for te mana o te awa, the spiritual authority, protective power, and prestige of the Waikato River is at the heart of the relationship between the tribe and its ancestral river. Mana whakahaere is the other underlying principle that this settlement will proceed on. Mana whakahaere embodies the authority that Waikato-Tainui and other river tribes have established in respect of the Waikato River over many generations to exercise control, access to, and management of the river and its resources in accordance with tikanga—that is, the values, ethics, and norms of conduct that are special to this iwi. For Waikato-Tainui, mana whakahaere has long been exercised under the mana of the Kīngitanga.

Waikato-Tainui, as at 1840, possessed their river and their lands in accordance with their tikanga, along with other Waikato iwi. They made public statements of their authority over the river from very early, when they first became concerned that the Crown might itself claim authority over it, and that was as early as 1862. In July 1863, the Crown’s military forces crossed the Mangatawhiri River. In the ensuing war of 1863-64 the Crown forces attacked, by both land and water, the people of the Waikato.

In December 1863, Crown forces occupied Ngāruawāhia, the home of the king and the political centre of the Kīngitanga. During the war many communities that supported the Kīngitanga were driven out of the Waikato. In 1864-65, military settlements including Hamilton and Cambridge were established on the Waikato River and also on the Waipā River. Confiscation of Waikato lands followed in 1865. The confiscation of those lands gave rise to a settlement that was concluded in this House in 1995 under the leadership of the late Te Arikinui Dr Dame Te Atairangikaahu and Sir Robert Māhuta. That was but the first part of what I understand is really three parts that restore to the people of Waikato-Tainui that which was theirs in the beginning and was taken away from them by successive Governments.

I am proud to stand here today, following in the footsteps of the Rt Hon Douglas Graham, who, under the leadership of the Rt Hon Jim Bolger, negotiated the first Raupatu claim for Waikato-Tainui. This bill is the second in relation to the river, which was alienated from them through the same raupatu forces that occurred back in the 1860s. I acknowledge the leadership of Dr Michael Cullen in bringing this settlement to the House today. I understand that in the fullness of time the tribe’s interest in its harbours will also come to this House.

This is a great day. The fact that this settlement has now reached this House demonstrates the great leadership of the Waikato-Tainui people, and I feel very privileged to stand and talk to their aspirations, to their moemoeā. None of this has anything to do with me or us in this House; it has everything to do with what they aspire to and what they felt ought to have been since the 1860s. The bill itself, and the provisions that make up the settlement, are encapsulated in the vision that the tribe itself has put forward for its river. I read from clause 1(2) of schedule 2, which sets out the vision as being “for a future where a healthy Waikato River sustains abundant life and prosperous communities who, in turn, are all responsible for restoring and protecting the health and wellbeing of the Waikato River, and all it embraces, for generations to come.”

In other words, the whole thrust of this settlement is about restoring the river and restoring the relationship of the tribe with its river and the communities around it. In that regard, it has huge importance not just for Waikato-Tainui but indeed for all of the communities that surround the river, for the wider public, and for the New Zealand community in general.

This is the fourth bill that we have had the privilege of debating today.

Hon Dr Michael Cullen: Fifth.

Hon GEORGINA TE HEUHEU: This is the fifth bill—I am sorry, I am losing count, which shows how long we have been doing this.

This is the fifth bill that we have been involved in today. It is about a people and their river. No doubt some questions will be asked outside this place about who has the ownership, and, happily, no one need be concerned about that. Although there are some provisions in this settlement that foresee possible ownership interests being raised in the future, that is not the thrust of this bill today. The thrust is about the well-being of the river and the well-being of a people who, since the 1860s, have been deprived of access to it and their rights to protect it, not just for themselves but for the wider community.

I refer briefly in closing to what I understand has been an extensive consultation process on the part of Tainui, led by Lady Raihā Māhuta, a fact that in itself stirs emotions because, of course, Sir Robert Māhuta led the previous negotiations. These were also led by Tuku Morgan, a former member of this House, who really should be sitting down here. He is sitting up in the gallery, but he belongs in here, as well. My heartfelt congratulations and my heartfelt aroha go to the people of Tainui for the enormous amount of work they have done. They have done it in a patient and humble way, in the way that they are, and slowly but surely they have achieved a very momentous settlement. I am very pleased to be in this House to support the introduction of the bill. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

• Debate interrupted.

PITA PARAONE (NZ First) : One can always rely on New Zealand First to come to the party. Kāti rā, Tainui waka, Tainui tangata, whare Kāhui o Tainui waka, tēnā koutou, tēnā koutou, tēnā koutou. Tēnā hoki koutou i tau mai nei i runga i te karanga o te Whare e pā ana ki te kaupapa, wā tātou awa, arā, ko te awa o Tainui. He mihi hoki ki a koutou e noho tonu ki te wā kāinga i raro i te taumarumaru o te maunga tapu o Taupiri, koutou hoki e are taringa mai, e mātakitaki mai ki ēnei kōrero i puta mai i roto o te Whare e pā ana ki wā tātou awa. Nā reira, tēnā koutou, tēnā koutou, tēnā kōutou.

[So to the canoe, people, and King movement of Tainui, greetings, greetings, and greetings to you. Acknowledgments to you who have arrived here to the call of the House in respect of the matter relating to our rivers, and that in particular, the river that belongs to Tainui. I acknowledge those as well who remained at home under the protective mantle of the sacred mountain of Taupiri, those of you listening in, watching these debates from the House about our rivers. So greetings to you, greetings to you, and greetings to you.]

Again, as I always do in these settlements—but only where it applies—I have to declare a vested interest. That vested interest is as a result of whakapapa. I descend from Hineāmaru, and included in the Waikato whakapapa is the younger sister of Hineāmaru, Rongopatutaonga. In that regard, I declare a vested interest. I also ought to say that one of the principals representing Tainui in the negotiations is in fact married to a Paraone, who happens to be a relative of mine. I take this opportunity to congratulate him on making such a fine choice. Ā, hoi nā noa e Tuku, he kōrero noa iho tēnei engari, horekau i whakakoretake, i whakaitingia te kaupapa o te pire nei. Nā reira, ngā mihi ki a koe, ki a koutou hoki.

[Anyway, Tuku, this is just mere speculation, but not meant to belittle nor render the matter relating to this bill as something of no consequence. Congratulations to you, Tuku, and to all of you as well.]

Negotiations for this particular settlement began in 1995 and were addressed again in 2005, reaching a climax in December 2007. It is a major step towards ensuring the environmentally sustainable management of the Waikato River, which has been polluted and degraded over many years. The settlement involves the co-management of the upper Waikato River, from Huka Falls to Karapiro. In my discussions with those who were responsible for driving this settlement on behalf of their iwi, emphasis was placed on the word “co-management”. It was never their intention to take control of what they rightly believe has always been theirs. One can say it is the highest level of co-management achieved anywhere in New Zealand. Can I suggest that iwi and the rest of New Zealand society will be observing with great interest how this arrangement will pan out. For me, I have no difficulty in expecting that it will be a very fruitful and beneficial arrangement between the iwi and other interested parties, which will see the health of the Waikato River improved on what it is today.

The agreement will ensure the river’s clean-up is timely, engages all stakeholders, and considers iwi interests. A group known as the Guardians Establishment Committee was set up earlier this year to determine a vision and strategy for the river and to implement that strategy. It consists of representatives of Waikato-Tainui, other river iwi, and regional and national interests in the river. Five iwi will become an integral part of the governance and management framework for the river. The deed of settlement signed in 2008 will create the Waikato River Clean-Up Trust with a maximum of $210 million to spend on river enhancement activities over the next 30 years, along with a contestable clean-up fund to which the Crown will contribute $7 million a year for 30 years, and the protection of the Waikato River will have significance for all New Zealanders.

The key elements of this settlement comprise the acknowledgment of the Crown, a commitment to co-management—something that is very important to the iwi—recognition of the statement of significance of the Waikato River to Waikato-Tainui, legislative recognition of the vision and strategy for the Waikato River, the establishment of and the granting of functions and powers to the Guardians of the Waikato River through the settlement legislation, the establishment of and the granting of functions and powers to the Waikato River Statutory Board through the settlement legislation, co-management arrangements including the establishment of an integrated management plan, and the Kiingitanga Accord.

About 3 weeks ago I attended a local body regional conference in Gisborne. It was a meeting of local bodies that encompass much of the middle of the North Island and some local bodies that have the Waikato River running through their boundaries. In discussion with some of the representatives from those local body authorities, although they appreciate having the opportunity for a co-management arrangement for the care and the well-being of the river, there was some expression of concern as to how it might impact on existing legislation, particularly in terms of the Resource Management Act. I hope that during the select committee process those local bodies that have those sorts of concerns will take the opportunity to make submissions to air their concerns so that the select committee may be able to consider whether in fact their concerns are real or otherwise.

I do not have too much more to say. Suffice to say that New Zealand First will be supporting this bill to a select committee. Why? Because it is something that the iwi has been responsible in formulating, it is something that the iwi has indicated they want, but, more important, it will provide a vehicle for the well-being and the care of New Zealand’s longest river, the Waikato River. Nā reira e tātou mā, ka nui ēnei kōrero mō tēnei wā, huri noa, huri noa, tēnā koutou, tēnā koutou, kia ora mai anō tātou.

[That is enough to us for now, so greetings to you and to us throughout, once again, thank you.]

Hon TAU HENARE (National) : Kia ora, Mr Assistant Speaker—again. I will begin by saying good afternoon to the brother-in-law. It is a real pleasure for me to have the brother-in-law sitting up there on this momentous occasion—for more than one reason—so I suppose I had better state that there might be a conflict of interest. There might also be a conflict of interest with my—I had better be careful here—auntie, first cousin once removed, Denese Hēnare.

I will concentrate on three issues. One of them is co-management, the second is the significance and recognition of the Waikato River, and the third is the legislative recognition of that vision and strategy. In relation to the first, I say that we must not let New Zealand and the world be scared of co-management. It means nothing more and nothing less than two people being able to get on with each other for a common purpose. Co-management to me means moving forward and not being tied to the old philosophy that Governments and local authorities are the only ones that can do things for local people. Co-management means a unique step for New Zealand; it is a unique step in this country’s history that we have been able to realise that two people can sit alongside each other and do things together rather than in just the old, outdated colonial way. It is unique in the world, because we can show the world how two peoples who have had their differences can actually move forward together without throwing bombs at each other, and without the carnage we see around the world. I say that co-management can work, that we have an opportunity to see it work with the introduction of this bill, and that I, for one, congratulate both sides—iwi and the Government—on getting this bill to where it is now.

In terms of the Waikato River, the significance is twofold. It is significant in terms of iwi; the river is their lifeblood. Without the river they are nothing, and without them the river is nothing. The river also has significance for people outside the rohe of Waikato—that is, for people like me who live in the city, because when we turn on our taps we may or may not get some of that water. So it is incumbent on this House and also on iwi that they are in a position to make sure that that water is clean. I am glad that the essence of this bill is about the management and clean-up of the river—and that is not a day too late. The recognition of the significance of the Waikato River is about to be written into legislation, and I want to give an example of how the spirituality, the recognition, and the significance of what is in the river is being recognised around the world.

Not so long ago along State Highway 1 there was an issue with a taniwha. A lot of people thought “Well, let’s not be silly and let’s not recognise the issue for what it is.” But I am of the opinion and of the thought that it would have been better to build a platform and say to people: “This is who lives in this river—this is the significance of this river.” If members think that that is silly, then why do Scots people at Loch Ness have such reverence for the Loch Ness monster? Why do they dine out on the fact that that is theirs? It is a part of tourism, it is a part of the area’s significance, and it is a part of recognising the people’s spirituality. So if they can do it, then why the hell cannot we? I think it is all about growing up and recognising that for what it is.

I turn to the issue of legislative recognition and of the recognition of a vision and a strategy. Some may think that it has never been done before, but I am proud of the fact that it has been done before, when my brother-in-law and I were part of a Government that recognised Te Aho Matua and put that into legislation, so it is not a new step. But I congratulate this Government on taking a bold step in recognising a vision and a strategy that is really a philosophy. Sometimes lawyers and people from the Office of Treaty Settlements may not think we can do those sorts of things, but we can.

This morning we have come from the Te Arawa region, in the legislation. We have traversed the boundaries inside Tūhoe and Tūwharetoa, we have moved up north to Te Rōroa, we have come back to Wellington, and now we are in the area of Tainui. Later on we will go back to where we started, with the Whakarewarewa bill in Arawa. It has been a very, very busy day. It will be a long day, and I think it is wrong to have so many Treaty bills one after the other. I know that time has conspired against us, and conspired against the Government, but I think we should take the lesson that that should never be done again; it should never be done again where there are five bills, one after the other. I do not think it gives the House time, and I do not think it gives the people who come to listen time to take it all in and be part of the proud occasion.

I can see that the Minister of Māori Affairs will certainly use the fact that five Treaty bills in one day is good for the Government. That is his prerogative, and I congratulate the Government on the three that we have passed and the two that have completed their first readings. The National Party will support, and has no problem supporting, the passage of the Waikato-Tainui Raupatau Claims (Waikato River) Settlement Bill.

Dr RUSSEL NORMAN (Co-Leader—Green) : This settlement is a very exciting one for the Green Party, as it provides a new mechanism for the real co-management of natural resources—in this case, the Waikato River. Co-management, if it is truly a partnership between iwi and others, can demonstrate a major shift in trust between the Treaty partners. What we know is seriously lacking in the management of our natural resources is trust that Māori can and do manage natural resources exceptionally well. We know of hundreds of local examples of that in terms of both marine and terrestrial resources. But today we have a bill that lifts it to another level.

Just recently, as I have been travelling around this country to look at a lot of freshwater issues, it has struck me time and again that the kaitiaki who have been looking after our freshwater resources have been local hapū. The Muaūpoko people who have been fighting to protect Lake Horowhenua, along with Ngāti Raukawa, have been struggling for decades to protect that beautiful lake. They have been the ones who time and again have stood up and fought to protect that lake against a whole series of other people who have not been there. We should have trust that hapū will protect those natural resources.

Likewise, just recently in the Hokianga, when I was at Kokohuia Marae on the Hokianga harbour with Ngāti Korokoro, Te Pouka, and Ngāti Whārara, we sat around and talked about the impacts that sewage was having on the beautiful Hokianga harbour. Those local hapū were doing their damnedest to protect that beautiful water resource, and we should trust them to do their damnedest to protect our resources. That is why a co-management model is the way the Green Party thinks that we should go. It should be a co-management model whereby we stand alongside those people as they try to protect resources.

This bill sets out a detailed structure with the primary aim of restoring the Waikato River to a healthy state. The structures are designed to be inclusive and to incorporate a range of other iwi, councils at all levels, the community, and the Crown. That kind of iwi collaboration is a model that the Government should take particular note of. Exhibiting trust in iwi does not come naturally all the time to the Government, as we know.

But I also say there is a tremendous challenge for anyone whose goal is to clean up the Waikato River. The Waikato River is in a disgraceful state, and that is the truth. The clarity of the water at the Huka Falls is such that one can see an object about 14 metres away. One can see an object 14 metres away through the water in Lake Taupō, but by the time one gets to the last 50 kilometres of the Waikato River one can barely see an object one metre away. There the water is so full of sediment and algae, and so heavily polluted that the visual clarity is very, very low.

I say to the people of Auckland that they have a particular interest in this bill. They may think that Waikato does not have much to do with Auckland, but 10 percent of Auckland’s water comes out of the Waikato River. All the future expansion of the water supply for Auckland—drinking water for the people in Auckland—will come from the Waikato River. I have spent a number of hours with Watercare Services and discussed that very issue. Most of the water will come from the Waikato River. The people of Auckland will be dependent on this co-management model to protect their drinking water, and they will be dependent on the iwi on those bodies to actually protect it. So I think that the people of Auckland should pay particular attention to this bill, and thank the iwi that are standing up to protect this beautiful river.

I also say that the challenges for the Waikato River are enormous. We have massive dairy conversions under way in its catchment right now. Hamilton is, hopefully, preparing to improve its sewerage services so that less nitrogen will end up in the Waikato River, but all of that gain will be lost by conversions to dairying. Some of the giant dairy conversions will throw something like 750 tonnes of nitrogen a year into the Waikato River. So although we can say it is good that there are some improvements, particularly around the discharge of sewage, and, hopefully, there will be more to come, we also know that the benefit of those improvements will be entirely wiped out by the dairy conversions that are under way in that catchment. If we do not put some controls around that process, we will not achieve the objectives of this bill. The iwi objectives, along with our objectives, will not be achieved if we do not put a hold on the massive dairy conversions that are under way.

We thank Lady Raihā Māhuta, Tuku Morgan, and everyone who took the time to talk with our spokesperson on Māori issues, Metiria Turei, who sends her apologies because she cannot be here today. We have a much better understanding of both the process that Tainui have gone through and the value of their success, because of the time that was taken to talk to us. We know that this bill will not progress until after the general election, but we very much look forward to hearing in more detail in future about the issues regarding the process.

No doubt concerns about the settlement will be raised, as well. The settlement process is one that does not truly honour the Treaty. It is one that takes from some people to give to others. It is one that picks winners and losers, and expects everyone to be grateful.

We acknowledge that the Crown and its representatives have breached, and continue to breach, Te Tiriti o Waitangi. We support the resolution of, and payment of restitution for, all outstanding historical and contemporary breaches. We continue to work for a process that truly achieves that. In the meantime we know that many, many kuia and kaumātua have worked extremely hard to bring this settlement about, and we respect their work. We give our best wishes to all of them.

The ASSISTANT SPEAKER (H V Ross Robertson): Just before I call the next speaker, I say to members “Tātou, tātou—together, together.” Courtesy is contagious, and we will all prosper if we keep within the spirit of the Standing Orders. There is far too much noise inside the Chamber. Would those who are having conversations that are not necessary in here please show some courtesy to the member who is trying to address the House, and go out to the lobbies.

HONE HARAWIRA (Māori Party—Te Tai Tokerau) : Tēnā koe, Mr Assistant Speaker, huri rauna tēnā tātou katoa e te Whare. Hei tīmatanga, me mihi atu ki a koutou e Waikato-Tainui i haere tawhiti mai ki roto o Pōneke ki te whakarongo ki te whakatakotoranga o tēnei kaupapa ki mua i te aroaro o ngā mema Pāremata i tēnei rā, tēnā koutou, tēnā koutou, tēnā koutou katoa. Ā, i tēnei wā me mihi anō hoki ki a koe e te tuahine, e Nanaia i te mea, kua kite au i te hari i runga i tō kanohi i tēnei rā. Kua kite au i te wakatūtukitanga o āu nei mahi i roto i tēnei Pāremata. Nō reira, mihi atu ki a koe i tēnei rā whakahirahira e pā ana ki a koe i roto i a mātou i tēnei rā. Huri rauna ki a tātou katoa hakoa, ko wai te iti me te rāhi, tēnā koutou huri rauna, kia ora tātou katoa.

[Greetings to you, Mr Assistant Speaker, and to us all throughout the House. As a means of beginning, I acknowledge you, Waikato-Tainui, who travelled from a distance to Wellington to listen to this matter being placed before the members of Parliament today. Greetings to you, greetings to you, and greetings to you all. I take this opportunity as well to extend a greeting to you, fellow member of Parliament, Nanaia, because I see the happiness on your face today. I see the completion of your work also in this Parliament. Sso I acknowledge you on this great day relating to you and your work in particular amongst us. To all of us throughout, whether of a minor or major party, greetings to us all.]

Greetings to you, Mr Assistant Speaker, for coming back to the House. This is the first reading of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill that reached our desk only a couple of hours ago, so please excuse me if I do not say too much about the detail. Suffice to say though that the Māori Party recognises that this bill was born out of the denial of guardianship of the Waikato River to its people; anger at the desecration, pollution, and depletion of the awa; sadness at the use of the river as but a resource to be exploited; and despair at the pollution and depletion of the fisheries. We know there are those within Tainui who may still have doubts about co-ownership and co-management. We know they will look to the deed to see how their rangatiratanga has been recognised and included. We know this settlement will give impetus to others to also take up the challenge of negotiating their role on the river, and we know too of the significant relationships that others have to the river, and the concerns they will undoubtedly have about this settlement.

But today is not just about recognising the tragedy of the past and the problems of the present. Today the Māori Party is proud to join with others in the House in acknowledging all of the peoples of Waikato-Tainui. We join in acknowledging te mana o te awa o Waikato—that special authority and prestige of the Waikato River, which defines its people and itself through the saying: “Ko ahau ko te awa, ko te awa ko ahau.” We join in acknowledging the timing of the signing of the deed of settlement on the second anniversary of the coronation of King Tuheitia; in acknowledging the many people who devoted all of their lives to enable us to reach this point today, and, in particular, the legacy of Sir Robert Te Kotahi Māhuta, who, with the unwavering support of Te Atairangikaahu, led the negotiations for the first major Treaty settlement with the Crown. We join in acknowledging all those who have passed on; so too do we acknowledge those who have taken up the challenge to protect the mana of the river and to guide future generations of its people under the careful direction of Tukoroirangi Morgan and Lady Raihā Māhuta. Today we also celebrate the multi-tribal 21st birthday party for Waikato-Tainui, who, along with Taranaki Whānui ki Te Upoko o Te Ika and Te Rōroa all took the initiative in 1987 to lodge claims with the Waitangi Tribunal, and which have all appeared on today’s Order Paper, thanks in great part to Dr Michael Cullen and all those other members of Parliament who have helped bring these bills to the House today.

In considering this bill we acknowledge the Crown’s commitment to a 30-year—I hope I have this bit right—$200 million river clean-up programme. Is that correct? We acknowledge the guardians of the river, who will be responsible for working with local authorities and iwi to oversee the vision and the strategy for cleaning up the river. We acknowledge the establishment of a board to ensure full participation by Waikato-Tainui in co-management of the river. We acknowledge the co-management arrangements dedicated to restoring and protecting the health and well-being of the awa; and managing the awa through good faith, consensus decision-making, and a bold partnership between Crown agencies and iwi. We congratulate Tuku and Lady Raihā on the diligent way in which Waikato-Tainui have approached the overall purpose of restoring and protecting the awa. In doing so, might I just quote from the Indigenous Declaration on Water, which was signed in Kyoto in 2003: “We recognize, honor and respect water as sacred and sustains all life. Our traditional knowledge, laws and ways of life teach us to be responsible in caring for this sacred gift that connects all life.”

We congratulate Waikato-Tainui on the vision they have set for themselves as a people, for themselves as their awa, and for themselves as a community within the wider society. Hoi anō hei whakakapi i taku kōrero, e Tuku, e Raihā. I sincerely hope that the vision they have for a river that sustains life and prosperity through the caring and guidance of its whānau, will set a benchmark for us all. I know I speak for all of my colleagues in the Māori Party when I say that we urge Waikato-Tainui to keep pushing forward so that other iwi might be guided by their actions and learn from whatever mistakes they have made, and, undoubtedly, will continue to make in the future. We challenge them to bring the best that they have to this task so the whole country might learn from their bold initiatives. We wish them well in all that lies ahead of them. In closing, we look forward to continuing this debate when the House returns in 2009. Hoi anō ka nui tērā māku e te Kaiwhakawā, huri rauna ki te Whare koutou e Waikato Tainui, tātou katoa e nohonoho nei, tēnā koutou, tēnā koutou, huri atu, huri noa kia ora tātou katoa.

Hon NANAIA MAHUTA (Minister of Customs) :

Ka mātakitaki iho au ki te riu o Waikato

Anō nei he kapok au ake māku

Ki te kapu o taku ringa

Ka whakamiri noa i tōna aratau

E tia nei he tupu kua hou

Ke hiwa ake ki te tihi o Pirongia

Inā he toronga whakaruruhau mōna

Ki tōku tauāwhiritanga

Anā! Te ngoto o tōna ngāwhā i ōna uma kīhai i ārikarika

A Maungatautari, a Maungakawa

Ōku puke maunga, ngā taonga tuku iho.

Hoki ake nei au ki tōku awa koiora me ōna pikonga

He kura tangihia o te mātāmuri

E whakawhiti atu ai i te kōpū mānia o Kirikiriroa

Me ōna māra kai, te ngāwhā whakatupu ake o te whenua mōmona

Hei kawe ki Ngāruawāhia, te huinga o te tangata

Atā, te pae haumako hei okiokinga mō taku upoko

Hei tirohanga atu mā raro i ngā hūhā o Taupiri

Kei reira rā, kei te ōrokohanganga o te tangata

Wāhia te tūngaroa o te whare, te whakaputanga mō te Kīngi.

I look down on the valley of Waikato

As though to hold it in the hollow of my hand

And caress its beauty

Like some tender verdant thing

I reach out from the top of Pirongia

As though to cover and protect its substance with my own

See, how it bursts through, the full bosoms of Maungatautari and Maungakawa

Hills of my inheritance

The river of life, each curve more beautiful than the last,

Across the smooth belly of Kirikiriroa

Its gardens bursting with the fullness of good things.

Towards the meeting place at Ngāruawahia

There on the fertile mound I would rest my head and look through the thighs of Taupiri

There at the place of all creation

Let the King come forth.

I preface my remarks with a maioha from Tāwhiao with his reflections on his absolute reverence for his territory: its lands, mountains, sacred places, and, indeed, the Waikato River, which was then full of abundance. On reflection, I am certainly mindful that his reign followed a period of severe trauma, with the confiscation of 1.2 million hectares of land. Yet the hope and vision to see the restoration of what was lost became a powerful symbol of unity and purpose for the Kīngitanga movement that has endured to this day.

It is a privilege to be speaking in this House on the first reading of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill. I pay homage to those who have gone before us who carried the struggle of the raupatu—the unjust and illegal confiscation of Waikato lands and resources—in search of redress. In particular, I acknowledge the leadership of Te Atairangikaahu and Te Kotahi Māhuta, who, like Te Pūea before them, weathered the brunt of the vision to move the people beyond grievance and towards reconciliation. So too do I acknowledge the former members of the Tainui Māori Trust Board and Ngā Marae Tōpū, who lodged the initial Wai 30 claim in 1987. That leadership was put to the test in the public and more private aspects of their lives. Their decisiveness and determination certainly made this path an easier one to follow. There have been ups and downs, but, just as the proverb says, a lot of water has gone under the bridge. Time has played its part.

We are now moving forward on one of the four recognised outstanding claims linked to the earlier 1995 Waikato Raupatu Claims Settlement Act, which, I might add, was assented to by Queen Elizabeth II in person. In that regard, an explicit statement on the river is included in the deed of settlement where the Crown acknowledges that its invasion of the Waikato in 1863 was by land and by the Waikato River, which was a double blow to Waikato-Tainui, as by the raupatu the Crown assumed authority over both the land and the river. The effect of recognition of this fact is twofold. It reinforces a travesty of our colonial history, and it legitimates the purpose and authority of the Kīngitanga, which has acted as a beacon for the aspirations of “te mana motuhake o te iwi Māori”. It is within this context that the approach taken by the previous and current negotiators can be understood. It gives insight to the significance of the Kiingitanga Accord contained in the bill.

First, there is recognition that the Waikato River is an indivisible entity. Its waters, its banks, its riverbed, its fisheries, vegetation, and life source are component parts of the whole. That recognition of “mana o te awa” extends from Te Hukahuka, near Taupō, to Te Pūaha o Waikato. That mana is reflected by a korowai that seeks to protect and restore the health and well-being of the river. The aphorism “Ko Waikato te awa, ko Te Wherowhero te tangata, he piko he taniwha, he piko he taniwha” [Waikato is the river, Te Wherowhero is the man, at every bend a chief] holds true to this day, and it is expressed in the recognition that all iwi along the reaches of the river have an interest and role to play, for the long term. I acknowledge Tūwharetoa, Te Arawa, the people at Pouakani, Raukawa, and Maniapoto, who, alongside the peoples of Waikato, have supported this intent and, in time, hope to see its full fruition. The Guardians of the Waikato River, and the vision and strategy deployed by them, are key. I hope the Māori Affairs Committee will give some thought to ensuring that the legislative mechanisms are able to achieve consistency across other legislation impinging on the current and future management of the river.

Second, the bill provides for a co-management approach to rekindle the aspirations of Waikato to retain and continue a hands-on relationship in order to clean up the river and its tributaries, and to contribute to decision making that impacts on the river. One would hope that the instruments used to strengthen co-management practices will in time see a greater willingness to use existing mechanisms, such as sections 33 and 34 of the Resource Management Act. I am mindful that best practice and new technology should aid Waikato to improve the health and well-being of the river. However, we should expect further regulatory mechanisms to accelerate that effort, and I look forward to the future work of the statutory board.

The settlement and its legislation will transform New Zealanders’ approach to achieving the goals of sustainability of our waterways alongside Māori. At a practical level, back home where it really matters, the benefits are intended to be, for example, greater protection and sustainable management of whitebait and fisheries interests in Te Pūaha o Waikato; regeneration and preservation of eel resources in the Waikato catchment; bank stabilisation and flood protection of tributaries and along the Waikato; improved monitoring of water quality, the setting of water allocation, and ecological flows; support for science and mātauranga Māori research to improve land-based practices, especially in the agricultural sector; encouragement for marae to become involved in local projects to enhance the health and well-being of the river that will, potentially, create employment opportunities; and that our young people utilise this action as a learning model to broaden their experience and career choices. These are but some of the practical benefits.

I expect that the select committee may be tasked with considering issues of mandate. It may also be asked to consider the recognition of interests in the upper catchment that are not captured in this bill or in those of other iwi. I am confident, as the local MP of Tainui, that the process undertaken to get to this point is robust. The detail of it can be explored at the select committee. As the local MP and the Minister of Local Government, I am particularly pleased that both central government and local government are locked into this agreement alongside Waikato-Tainui. Everyone has a part to play. In no way do I underestimate the magnitude of this task. I expect ebbs, flows, and torrential currents along the way. Our major focus, however, must be an outcome beyond our generation and for everyone’s benefit. I know that Waikato-Tainui are not going anywhere, and that is the extent of their commitment.

I want to thank Dr Michael Cullen, who has shown personal commitment to this and other Treaty settlements to ensure that Māori can walk confidently into the future. I thank both Ministers Horomia and Ririnui for their support, and I also thank Māori members across the House for their support. I hope that the bill in both its first and third readings will pass unanimously.

Finally, I recognise the tenacity and conviction of the principal negotiators, Raihā Māhuta and Tuku Morgan; and their negotiating team, led by Denese Hēnare, Shane Solomon, and Donna Flavell; and the kaumātua who have walked with them to achieve this outcome. Like the raupatu settlement, the real gains of this river settlement will be realised only in hindsight. A great deal has been achieved and there will be more to do! I am proud that a Labour-led Government is prepared to move into new territory through this settlement.

Can I end with the words of the late Te Kotahi Māhuta. To put them in context, in 1999, when Doug Graham gave a speech “Treaty Negotiations in New Zealand”, he made the point that the Government did not accept that Māori had an interest in rivers and lakes akin to ownership. To that the late Te Kotahi Māhuta said: “We are not concerned about ownership of the River but rather its present and future health … Everyone seems to have abdicated responsibility for ensuring the health of the River and thus this is the main thrust of the claim. The sole and principal beneficiary of the claim must be the River. … Our principal objective is to clean up the river from the Huka falls down to Port Waikato so that its health might be restored to enable all people to enjoy the fishing, recreational and other activities associated with the Waikato River.”

Nō reira kāti rā, koi nei ngā whakaaro mō tōku awa koiora. Pai Mārire.

[So enough; these, then, are thoughts relating to my river that lives. Goodness and peace.]

CHRISTOPHER FINLAYSON (National) : I am conscious of the time, but I want to emphasise on behalf of the National Party that we will be supporting the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill. The process of reconciliation with Tainui was started by National in the 1990s, with Sir Douglas Graham and Sir Robert Māhuta, and this led to the very first settlement—the Waikato Raupatu settlement—in May 1995. In that settlement certain claims were excluded and were to be dealt with later, and this was one of them. The other two relate to the west coast harbours and to what may loosely be called the Auckland lands beyond the river to the north.

It is appropriate to acknowledge the huge contribution made to New Zealand by Sir Robert Māhuta. I know from discussions I have had with Sir Douglas Graham how much Sir Douglas enjoyed working with Sir Robert in the 1990s. I also acknowledge the work of Lady Māhuta and Tuku Morgan. I think that Tainui’s consultation with my party has been excellent. They have kept us fully abreast of all developments, and I thank them for that.

It is almost completely unnecessary to emphasise the importance of the Waikato River to Tainui and to the Waikato. This importance is referred to in the deed of settlement and in the legislation, and is comprehensively set out in the preamble. Over the years there has been increased pollution and degradation of the river, and that has been a cause of great distress to the people of Tainui. That is why, looking ahead, so much emphasis is placed on co-management to ensure that the river can be restored. Now there is an opportunity for the guardians, the local authorities, and the Crown to take up the responsibility for ensuring that the river is healthy for future generations. That is good for Tainui, good for the region, and good for the community.

The bill proposes the establishment of a statutory body called the Guardians of the Waikato River to restore and protect the health and well-being of the river for future generations, and to implement a vision and a strategy to achieve a coordinated approach to the management of the river. The Guardians Establishment Committee was formed in March 2008 to develop the vision and strategy for the river. The committee conducted public consultations on the draft vision and strategy before amending it and recommending it to the Crown and to Waikato-Tainui.

The bill, once enacted, will establish the statutory board. The principal functions of the board are to assist and support Waikato-Tainui in the exercise of their mana whakahaere over the river and to support and promote the special relationship of Tainui with the river, in order to achieve the implementation of the vision and the strategy and to ensure compliance with it. The board will facilitate the effective co-management of the river through interaction with the Crown, local authorities, and other interested stakeholders. The board will also evaluate, at least every 10 years, relevant policies and plans relating to the river and activities in the catchment that affect the river. In the early development of the package, all relevant local authorities in the region were consulted in the development of the board.

This is very interesting legislation, and my friend Mr Henare is correct when he calls it unique. This looks to be an innovative settlement, and overall a very good one. There are, however, a few issues that the Māori Affairs Committee will need to look at closely. The first of these relates to the Kiingitanga Accord, which is the collateral deed between the Crown and Waikato-Tainui, dated 22 August 2008. This accord forms part of the overall settlement, and its integration will likely see the introduction of a number of Supplementary Order Papers, which means that the House as yet does not know the full details of what will be passed into law. When considering this settlement bill, the select committee will also need to pay close attention to the interests of other iwi and hapū within the region, to ensure that the interests of all parties are safeguarded.

National congratulates all interested parties on their achievements to date. As I said, we will support this bill. We look forward to hearing submissions and working with other parties at the select committee.

• Bill read a first time.

• Bill referred to the Māori Affairs Committee.

• Waiata

ERIC ROY (National—Invercargill) : I was sorry to miss the debate last evening. I was involved, actually, in talking about walking access, in Hawke’s Bay.

I will take a short call on Part 2. We looked at Part 1, “Preliminary provisions”, at some previous time, but Part 2 is the nuts and bolts of how this Walking Access Bill is to work. It appoints a new Crown entity, which is to be called the New Zealand Walking Access Commission. Its responsibilities will be across a range of different areas. For a start, the Walking Access Commission will be responsible for negotiating access where there is some difficulty about access. This can arise in a range of ways. There can be misapprehensions on the part of landowners as to what they own or have—whether there is a marginal strip or egress there, or maybe some public land for which access across private property is required. There may be misapprehensions on the part of members of the public, who may think they have a right to have access in certain areas.

The Walking Access Commission will be tasked with negotiation. We need to stress, as we have done in other places, that this access is essentially determined by negotiation. The Walking Access Commission will also be responsible for setting out a code of conduct. One of the issues—it is probably the primary issue—that has seen a diminution of walking access rights has been the fact that many landowners have just got tired of dealing with the public. They have got tired of the ways in which the public have left gates open, and have not acknowledged common farming practice or landholding practice. Farmers have been concerned about the presence of dogs, the spread of Taenia ovis, and biosecurity issues.

It is interesting that the only access to some of the highland lakes in Otago, like the Upper Poolburn Dam, is by horse, a long walk, or four-wheel drive, but now right around the lake there are significant areas—

Hon David Carter: Chopper!

ERIC ROY: —or chopper; Mr Carter’s chopper—of broom and gorse starting to spring up. How did that get there? It might have fallen off the vehicles that were there. But, no, most people who fish up there, or a significant number of them, actually fish with worms. They get a little bit of soil, gather up some worms, go up there, and when they have finished they tip their worms out. Worms are good in the high country. But people are putting contaminated soil there.

So a raft of things out there are happening, but at the end of the day the farmer is saying that that is enough. My own brother-in-law, who used to farm on the banks of the Mataura River—an area renowned for its brown trout, and where there has been goodwill and good access—has just said that he has had enough of people who do not respect what he wants to do. I ask members how we resolve that. We do so by setting up a code of conduct so that there can be a clear understanding of the responsibilities of people who want access to the land. The Walking Access Commission will be responsible for that.

There will also be a body that, as I understand it, will have a responsibility for holding a database of public land, where walkways exist and where public egress exists. That will be a developing thing. In some ways, this will be a rather arduous and time-consuming task. The amount of marginal strips that are laid down is somewhat different in the public’s impression from what actually exists out there. I quote Brian Hayes, who was on the first walking access panel with me, in saying that marginal strips may exist on only about 70 percent of the places where they are expected to be. The Walking Access Commission will have to identify those, and where there is a need, it will have to enter into negotiation and establish resolutions where there is conflict.

The Walking Access Commission also has a responsibility, as stated in clause 9, delegated to it to negotiate on things that are not entirely related to access but are associated with access. Those issues are the use of vehicles, firearms, dogs, bicycles, or whatever. Quite often, when people are wanting access—for example, in the duck-shooting season, or to the high country for hunting—there is the carriage of firearms or dogs, and sometimes there is the use of four-wheel drives. The commission also has a responsibility to be appointed to do those negotiations. Its role is quite a distinct and important one.

It is quite a significant step forward that we have a commission that can actually go and do the negotiation. The commission’s credibility and involvement in this will be an important part in actually securing those opportunities for New Zealanders to participate. As we have said in other places in this debate, it has been New Zealanders’ birthright and expectation that they have this opportunity to enjoy the public resources of New Zealand. For that they need access. The Walking Access Commission will be a significant step forward from what we have had in the past.

• Part 2 agreed to.

JOHN CARTER (National—Northland) : I will take a call on these clauses to record the fact of the changes that have been made by John Acland and the Land Access Ministerial Reference Group. I acknowledge his presence here tonight. I say that the Walking Access Bill is a better bill for the involvement of the committee that went around New Zealand, and I think the Minister in the chair, the Hon Damien O’Connor, acknowledges that, as does the Opposition.

I want to record again the fact that when this bill was introduced, the National Opposition opposed it because of the interference it had on property rights. Of course, one of the things the National Party takes a keen interest in is property rights, and I have to say that although there are still some parts of this legislation that we will need to be keeping a keen eye on and a careful watch over, the issue of property rights and the way it has been developed are a credit to those who have been involved. Obviously there was keen note taken of the issues that were raised.

It is commendable that the bill has come back in the form it has. The Local Government and Environment Committee obviously picked up on the issues raised in order to make the changes it has. In hindsight—and hindsight is always a wonderful thing; one generally gets it right 100 percent of the time—maybe the Government should not have introduced the bill in the form it was introduced, but to its credit it has accepted the recommendations that have been made. That has meant that Parliament can now accept the bill in the form it is in.

Having said that, I note that there are one or two things during this part of the debate that we will have to keep a careful watch over. The bill does have the potential of creating yet another bureaucracy, and another whole lot of rules and regulations.

Hon Clayton Cosgrove: Oh!

JOHN CARTER: We certainly do not want to end up with something like the Department of Building and Housing, which Clayton Cosgrove administered for such a long time, because that will have to be something that in the future we dismantle. We do not want to have to go through something that gets established and then dismantled again. I say to this Parliament that we need to urge caution as we put this bill through. The intention of it is right, but it certainly has the possibility of allowing extra costs to go on to the community, and, indeed, rather than creating the opportunity for people to have rest and recreation, which is what it is for, it could potentially create a whole lot of frustration. I make those points particularly when we look at the codes of compliance and the impost the legislation could put on local government. There are some real risks around that part of the legislation.

I want those comments to be recorded in Hansard so that, in time, people who are involved in administering this bill can look back and see the wise words of the Opposition, and realise that, actually, the Opposition was on top of it, and that these sorts of issues need to be monitored carefully. One of the things we often do in this Parliament is pass legislation without actually thinking forward 10 or 20 years to see what its likely impact will be. We need to treat this with caution as we move forward. Thank you for the opportunity to participate in this debate.

ERIC ROY (National—Invercargill) : I am somewhat motivated by the words of John Carter in regard to one or two issues here.

Hon Clayton Cosgrove: You must be joking.

ERIC ROY: Well, Mr Cosgrove may laugh, but there are some significant issues here. It very much depends on the expectation of the public and how quickly they want this resolved, and on the attitude of landowners and how willing they are to enter into negotiation. It very much depends on those people who have set up structures for private capture for pecuniary gain—and at this stage those people are in a minority—and whether that will be an increasing trend, on whether negotiation will resolve that, and on how that might tie up the Walking Access Commission. Those things need to be said. I think it also needs to be said quite clearly that if the Walking Access Bill does not resolve some of those issues, we will be back in this House, facing some debate on some amendments to this bill. We need to put that on record.

The first clause, the title clause, is what we are we are debating. The bill is entitled the Walking Access Bill, and that might conjure up all kinds of things in people’s minds, but essentially the bill is about negotiated access. That is the first point that we need to put out there. There has been a degree of goodwill. It has been about a 5-year journey since the first ministerial reference group set up by Jim Sutton met.

I have said before in this debate that I think Jim Sutton made an error of judgment when he said he wanted the group to look at the wander-at-will provisions, because that just got all the landowners’ backs up. We lost that goodwill for quite a period of time, but we have now got it back on track. This bill states clearly that it is about access by negotiation. That fact is not embraced in the title, but it is embraced in about seven places where that terminology is used. That needs to be quite clear. We are recognising property rights; it is a walking access bill.

We are also talking about clause 2, the commencement clause. This bill has been a 5-year journey, and I think there is a sense of expectation on the part of the recreational community that this will be advanced. I am not sure how long after the bill is enacted—and the Minister in the chair, the Hon Damien O’Connor, might like to respond—that the Walking Access Commission will be set up. The bill is also very light on how those people are appointed and what skill sets they have. It is even relatively vague about the numbers—somewhere between five and eight. I can understand that we do not want the Walking Access Commission to fall over if one member becomes indisposed, is not able to attend, or whatever, but the bill is quite vague on those matters.

Although clause 2, “Commencement”, states that the bill will be enacted, it does not mention what the time frames are for the Walking Access Commission to be set up and operational, or its terms of reference. The fleshing out of all of that is not in the bill. However, the National Party is supporting this bill. We think it is a step forward. We look forward to the third reading.

• Clause 1 agreed to.

• Clause 2 agreed to.

• Bill reported without amendment.

• Report adopted.