Hon MITA RIRINUI (Labour) : I thank the Leader of the House for agreeing to have the Whakarewarewa and Roto-a-Tamaheke Vesting Bill debated as one question in the Committee stage. I also briefly acknowledge the contribution of the current Minister of Māori Affairs, the Hon Dr Pita Sharples. The fact that he decided to remain in support of the bill is quite significant. Having said that, I think that most of the acknowledgment needs to go to the previous Minister of Māori Affairs, the Hon Parekura Horomia, who took responsibility for this major project outside the Treaty settlements process and agreed to have these longstanding issues with Te Arawa and the Crown resolved. To that end, the Māori Affairs Committee also did a very, very good job in ensuring that this bill was subjected to considerable scrutiny. It ensured that everyone with an interest in the bill had the opportunity to make submissions and have their say.

The transfer of such assets is quite significant, but the assets have been held in Crown ownership for many decades. As a result, the shape of the bill required to transfer these assets is quite technical, given that the assets were held under the Reserves Act 1977. Because of that, we find a lot of technical recommendations, and technical language and discussion, around the transfer. We also have to acknowledge that for some considerable period of time, the iwi of Te Arawa have constantly protested to the Crown for a lot of their assets, or taonga, that were removed by consecutive Governments to be not only reinstated but also acknowledged in law. This is seen to be a proper move.

To that end, my contribution to this part of the debate will be around the bill’s history and the decision of the previous Labour-led Government to do the right thing and have these assets transferred back to their rightful owners. Having said that, I declare that I have a vested interest in this particular bill, and I will let other members sitting across the Chamber make their own declarations in terms of their interests in it.

Once again, I congratulate the current Minister of Māori Affairs on having the fortitude to support this bill. I understand that he has submitted Supplementary Order Paper 82 to the Committee, but members on this side of the Chamber are not concerned about the implications of that Supplementary Order Paper, because we understand that it is a necessary move—as I said before, it is a technical move—to clarify the transfer and the manner in which the reserves will be held.

We also need to acknowledge the commitment of the Te Pūmautanga o Te Arawa Trust. In the first instance, it will be responsible for the management of the assets that are to be transferred. I have no doubt that it will fulfil all the obligations that are required of it, even though the bill refers to it in only a very, very—I would not say ambiguous—low-key manner. Its role in terms of the ongoing management, and eventual subdivision, of these assets, should it decide to do that, will be a huge undertaking. I am sure that those who have a beneficial interest entitlement in the transfer of the assets will be watching those decisions very closely and also the debate on the lead-up to the decisions.

As I said, the Committee is dealing with the bill as one debate across all parts. It is not often we do that, but today it is a very good move. Members on this side are very happy with the outcome of the entire process.

I acknowledge the contribution of the previous Minister of Māori Affairs under the previous Labour-led Government—

Paul Quinn: Who was that?

Hon MITA RIRINUI:—and the current Minister of Māori Affairs, and all the support that this bill had on the Māori Affairs Committee, including from those members who continue to interject in the Committee stage although they made no substantial contribution to the consideration of this bill in the select committee. I say that the Government has a new head of wisdom in the member for Tauranga, Simon Bridges, and I am sure that with his track record he will lead them in the right direction.

Hon Dr PITA SHARPLES (Minister of Māori Affairs) : I will take an early call just to explain the relationship between the parties involved in the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. First of all, I say I agree with the previous speaker, Mr Mita Ririnui, that it is good to take the bill through its remaining stages as one debate.

Hon Mita Ririnui: The honourable!

Hon Dr PITA SHARPLES: I agree with the very Hon Mita Ririnui. Two of the three reserves that are being vested through this bill, the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve, were originally part of the affiliate Te Arawa iwi and hapū Treaty settlement. It was decided that Ngāti Whakauē should also receive these reserves. In order to allow that process to occur, it was decided to remove the land from any Treaty settlement.

The return of the land to the iwi is part of the ongoing initiative to strengthen the relationships between central North Island iwi and the Crown. The Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve were originally offered to Te Pūmautanga o Te Arawa as part of its Treaty settlement, as it represented the collective interests of Tūhourangi Ngāti Wāhiao. The Waitangi Tribunal recommended that Ngāti Whakauē should be included, given its interests in the Whakarewarewa Valley land. Ngāti Whakauē was not affiliated to Te Pūmautanga o Te Arawa, so an agreement was reached with Te Pūmautanga o Te Arawa to take the two reserves out of the affiliate Te Arawa iwi and hapū settlement and, together with the Southern Arikikapakapa Reserve, vest all three reserves in a joint trust.

That is the background to the bill that we have before us. In order for Te Pūmautanga o Te Arawa to fulfil its responsibilities to its affiliate members, it asked that the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve still be vested in it through the affiliate Te Arawa legislation, and then immediately on-vested in the joint trust. The agreement of Te Pūmautanga o Te Arawa was thus required for the vesting deed in this bill. So the issue of these reserves has had a long journey. It is no longer part of a claim, but is now simply part of this vesting bill.

KELVIN DAVIS (Labour) : It gives me pleasure to speak in the Committee stage of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. This bill brings together a number of parcels of Māori land that had been under Crown control for a number of years, and it consolidates the land, as it rightfully should, into Māori ownership.

As my colleague Mita Ririnui did, I acknowledge the efforts of the Minister in the chair, the Hon Dr Pita Sharples, as well as the previous Labour Minister of Māori Affairs, the Hon Parekura Horomia. They have progressed the bill through to the Committee stage. I acknowledge the other members of the Māori Affairs Committee, led by Tau Henare, and also Paul Quinn and Simon Bridges. I also acknowledge these tribes that are involved: Ngāti Whakaue, Tūhourangi Ngāti Wāhiao, and Te Pūmautanga o Te Arawa. As Mita Ririnui said, this is a technical bill. It has involved a lot of discussion and talk in getting it to the Committee stage. It is a pleasure that we are almost at the point of finalising this bill and moving it into law.

For me, it is really important that not only the parcels of land we are talking about in Rotorua but also all Māori parcels of land that have been in disparate ownership are brought together so that they can be of use to their rightful owners. As I said in my second reading speech, it is important to bring this closure so that those tribes can make progress and move forward for the benefit of their people. It is also important to note that the lease of the land to Te Puia will remain in reserve status. That piece of land has significance to all of New Zealand. It is a wonderful tourist attraction and it is a showcase for Māori talent. In particular, there is a weaving institute, a Māori carving school, and the adjacent geysers.

Again, I acknowledge all the work that has been done to bring this bill to where we are at for the benefit of those tribes that we have spoken about. Thank you.

Hon PAREKURA HOROMIA (Labour—Ikaroa-Rāwhiti) : E tika ana ki te mihi atu i a koutou i tae ake ki te tautoko, otirā, i a koutou ngā mea pakeke o Te Arawa whānui. Tēnā koutou.

[It is appropriate that I acknowledge you, the elders of Te Arawa at large who have arrived in support. Greetings to you.]

Most that has needed to be said has already been said by my two colleagues. I commend the Minister of Māori Affairs for continuing with the journey and ensuring that Te Arawa people, and those iwi and hapū involved, reach the point they want to reach. Certainly, the fee simple estate is something those people will relish. It is nothing new; this has been a long, long argument and disagreement with the Crown, and putting it to rest in this fashion is most encouraging. There are issues around the arts and culture establishment Te Puia, but what needs to be commended is the way in which these have been taken forward. There were early tensions. There still is some tension, if we are honest about it, but that is for the people to fix up and put right.

The joint trust that has been established for the purpose of administering these lands is something that will have a lot of influence—that is, influence that the people did not have before. Some things related to the Conservation Act and those issues deemed to involve the periphery of the lakes and the forestry, are in a category where they cannot be put asunder, but—members should make no bones about it—this bill will give the trust and the organisation the right to determine and define what happens for their people. That is something that has been long lost. The village has always been in Māori ownership, but it is certainly important to ensure that the people have the right to have their say, and that they are not overrun by antiquated laws invoked by the local authority and the Crown.

The bill, of course, represents more than a simple land transfer from the Crown to Māori. Subject to the provisions of the Reserves Act 1977, the wider motivation for the Crown and iwi negotiators included an agreement to vest the fee simple estate in those reserved lands outside the Treaty settlement process, as the Minister himself said. By so doing, the mana of the land of the people of Ngāti Whakauē, Tūhourangi, and Ngāti Wāhiao will be recognised with a stronger relationship, which can be continued and built on.

I especially want to mention Te Pūmautanga o Te Arawa, who made a choice to mediate, and to be in the first instance the iwi to whom these lands were unloaded, but the lands will go on immediately. There is not much more that I can say about that, but it is certainly encouraging. I commend the present Minister of Māori Affairs for taking the bill through, and I thank the previous Minister of Māori Affairs very much! Kia ora tātou.

• The question was put that the amendment set out on Supplementary Order Paper 82 in the name of the Hon Dr Pita Sharples to schedule 1 be agreed to.

• Amendment agreed to.

• Preamble, clauses 1 and 2, Parts 1 to 3, and schedules 1 and 2, as amended, agreed to.

• Bill reported with amendment.

• Report adopted.

Hon Dr PITA SHARPLES (Minister of Māori Affairs) : I move, That the Whakarewarewa and Roto-a-Tamaheke Vesting Bill be now read a third time. Tēnā koe, Mr Assistant Speaker Roy. Tēnā tātou katoa e te Whare. Tēnā koutou e ngā uri o Te Arawa waka kua hara mai nei ki te tautoko i te whakaturetanga o te pire nei. Nā reira, nau mai, hara mai rā koutou.

[Thank you, Mr Assistant Speaker Roy, and to us all in the House. Greetings to you, descendants of the Te Arawa canoe, who have come in support of the passing of this bill into law. And so welcome, welcome.]

This bill gives effect to the deed entered into by Ngāti Whakauē, Tūhourangi Ngāti Wāhiao, and Te Pūmautanga o Te Arawa trustees and the Crown to transfer the Southern Arikikapakapa Reserve, the Whakarewarewa Thermal Springs Reserve, and the Roto-a-Tamaheke Reserve to Ngāti Whakauē, Tūhourangi, and the koromatua o Ngāti Wāhiao.

We often say: “Ko Papatūānuku te matua o te tangata.” That literally means: “The land is the parent of the human race.” Our love for our whenua is likened to the love we have for our mothers. At birth, our whenua is returned to her; at death we are reunited with her soil. Therefore, it is only fitting to reflect on two who have so recently returned to the soils of their whenua. I am referring to Arapeta Tāhana, the former chair of Te Arawa Lakes Trust board, and Sir Howard Morrison of Ngāti Whakauē. The legacy of these two leaders will continue to be felt in this bill, and it is only right that we honour their vision and their unique contributions as we mark this historic third reading today. Haere rā kōrua, otirā, ngā mate katoa o Te Arawa waka, o te motu whānui. Moe mai rā koutou i ngā manaakitanga o te wāhi ngāro.

[Farewell indeed to you two, and to all of the deaths of the Te Arawa canoe and of the nation at large. Sleep there in the care of the place of the departed.]

I say from the outset that at the heart of this bill is a special connection to the land: mana whenua. As we know, mana over whenua can come to people through succession, through the spilling of blood, to cement relationships, even through the spirit of generosity, or as a sincere act of compassion or aroha. Then there are the courts, but we do not want to go there. The Whakarewarewa and Roto-a-Tamaheke Vesting Bill reflects a unique milestone, in that all parties have agreed to initiate a process after the bill becomes law that will allow iwi to determine the allocation of mana whenua interests in the land. The bill itself does not specify how this process should occur. It is a matter for iwi and hapū parties to determine, and the process will be undertaken in accordance with tikanga. A key principle we have respected is that mandate and management issues are always the domain of iwi and hapū to sort out in accordance with their tikanga.

I place on record from the outset my heartfelt appreciation of everyone who has travelled here today to witness this distinctive agreement to transfer these special lands to the iwi of Tūhourangi, Ngāti Wāhiao, and Ngāti Whakauē. Reaching the third reading of this bill has required considerable dedication to the task from all of the parties involved. I acknowledge the commitment of Ngāti Whakauē. The bill has benefited from the leadership of Pīhopa Kīngi and the trustees of the Pukeroa-Ōruawhata Trust: Malcolm Short, Alec Wilson, and also Rāwiri Rangitauira. I acknowledge too their dedication in wanting to exercise the tribal responsibility to uphold the expression of manaakitanga to others across the rohe. I thank the representatives of Te Kotahitanga o Ngāti Whakauē—Kiri Mitchell, George and Eddie Mutu, Ānaru Te Amo, and Hāmuera Mitchell—for their patience while they endured the process of passing the bill into law. I thank the representatives of Tūhourangi Ngāti Wāhiao—Ānaru Rangiheuea, Rangipuawhe Maika, and John Maaka—for their role in allowing what was once perceived as an impasse in the Treaty settlement process to become a bridge to unity between the iwi and hapū. I mihi too to Te Maru o Ngāti Wāhiao, who have advocated so passionately over the ever-enduring concerns of participation, representation, and involvement.

If the House will permit, I will spend some time on an issue raised frequently at the Māori Affairs Committee and in numerous representations to me. We understand how the issue of land cuts to the very heart of the people. This is recognised in the bill, which allows for a mana whenua determination process to take place after enactment. This process will allow the iwi an opportunity to sit together and determine who will have the final ownership of which pieces of land. As with the central North Island forest lands, this will be done through agreements, mediation, or, if required, adjudication. I am optimistic that in the case of Tūhourangi Ngāti Wāhiao the process of the four koromatua whakapapa lines will be a foundation of the mana whenua discussion, and they will determine their pathway forward at their own pace and under their own process. Furthermore, I am pleased that facilitated discussion provided a guide for that process to happen.

Implementation of this bill must be in the domain of iwi. It is not for elected representatives of Government to determine how that process plays out. That is the realm of tino rangatiratanga. Some have said we should let the courts decide. I have preferred to leave that to the people. It was the processes and the decisions of the courts that resulted in iwi losing their lands in the first place. There is a history of problems with judicial involvement, and determinations over the land that failed to resolve contested rights and led to the alienation of lands to the Crown. I acknowledge the efforts of Te Pūmautanga o Te Arawa—Eru George, Rāwiri Te Whare, and the iwi leadership within their realms—in seeing this bill come through to fruition, and we recognise their commitment to working through a process that will respect the roles and responsibilities of mana whenua. I have received written communication from the chairman of Te Pūmautanga o Te Arawa, Eru George, that all the respective claimant groups will be actively involved in the process of moving forward. I understand that a hui-ā-iwi will be held in the Wāhiao whare in Whakarewarewa Village this Saturday to elect a fourth trustee for Tūhourangi Ngāti Wāhiao to the joint trust. This will make a total of four trustees for Tūhourangi Ngāti Wāhiao and four trustees for Ngāti Whakauē, which is represented by the Pukeroa-Ōruawhata Trust and Te Kotahitanga o Ngāti Whakauē. I understand that anyone from Tūhourangi Ngāti Wāhiao can participate in the hui-ā-iwi, which will elect a fourth trustee for Tūhourangi Ngāti Wāhiao following their own process.

I thank everyone who got us to this point, recognising that although there were difficulties to resolve, the final formula, nevertheless, and the process of dissent through koromatua could be the positive mechanism to move forward. I remain confident that all iwi and mana whenua interests in the reserves will be able to participate in the arrangements for their management and allocation in the future. I address the people of Te Arawa who are gathered here today. Ka nui taku hari koa kua eke tātou ki tēnei rā e whakahoki nei i te mana o ēnei whenua ki ngā uri o ngā kaumātua hai whenua tūturu mō koutou mō ake tonu atu.

[There is much joy within me that we have arrived at this day whereby the autonomy of these lands is returned to the descendants of the old people, thereby ensuring that the lands remain yours for ever.]

This bill is straightforward in its intent. It deals with the technical processes required to transfer ownership of the three reserves in the Whakarewarewa Thermal Valley to the iwi of the area. However, behind the bill, as I have alluded to, lies a plethora of complex issues related to the Treaty settlement process, iwi relationships on the ground, and Crown-Māori relationships. We acknowledge that the bill represents a compromise by all involved in respect of the greater interests of the iwi. I was always aware that issues of fairness and justice would prevail in considering issues of ownership. To address concerns, I instigated a facilitation process to assure parties that the process was fair and inclusive of all. I acknowledge the assistance of my colleague Te Ururoa Flavell and the guidance of John Clarke in these discussions.

There is one other matter outstanding—that is, the aspiration of Ngāti Whakauē and Tūhourangi Ngāti Wāhiao to own the New Zealand Māori Arts and Crafts Institute, Te Puia, which is commonly referred to as the jewel in the crown of New Zealand tourism. Now that we have transferred the lands on which this institute sits to iwi, it is surely time to continue discussions on this matter. Finally I say that I join with the people of Tūhourangi Ngāti Wāhiao and Ngāti Whakauē in marking this historic occasion of the return of their treasured land. Tēnā koutou.

Hon MITA RIRINUI (Labour) : Otirā, hei tuatahi māku. Te Arawa waka, nā koutou rā i haere tawhiti mai i runga anō i te karanga i karangahia nā e koutou i oti ai te huarahi i para nei e koutou mai i ngā rā ki muri, ā, tae noa mai ki tēnei hāora. Tēnā hoki koutou i te āhuatanga o ā tātou mate huhua. E kore taea te wareware tēnā tangata teitei rā, a Tauhauata me taku tuakana i hinga nei i te wiki kua pahemo ake, a Arapeta. Koia tētahi nā i tautohetohengia ki te Karauna kia tika ai te whakaaro o te Karauna, kia tika te hoki mai o ngā taonga ā Te Arawa nā te Karauna i riro i ngā rā kua taha ake nei. Nō reira, nā runga i tēnā, tēnā koutou, tēnā koutou, tēnā koutou.

[Indeed, the first thing for me to do is extend greetings to you, the canoe of Te Arawa, who have travelled here from a distance, on a call made by you, to bring to a conclusion the path that you set out on in days gone, to this hour. I greet you also in respect of our many deaths. Howard, that person of immense stature, will not be forgotten, and neither will my elder kindred Albert, who passed away just recently. He was one who persisted with the Crown to get its thinking right and to ensure that the treasures it took from Te Arawa in former times are rightfully returned. So on that I acknowledge you three times over.]

I take the opportunity to acknowledge in the House today the representatives of Te Arawa. It is important that I do that, because for them this has been a very long journey, a journey that has been very difficult for them. Although the third reading is usually about the legislation before us, I want to take this opportunity to speak about the people who brought it to us and brought about this opportunity to return to the people of Te Arawa their ancient taonga.

As we have heard from the Minister of Māori Affairs, the bill in itself is quite complex. I thank him for highlighting the complexities of this particular bill, and for acknowledging the difficulties in the process, particularly for those representatives of Te Arawa. I do not intend to take a long call, because I think this time is their time to hear from as many people in this House as possible.

I make mention of those who have passed on, and there have been many throughout this process. But in recent weeks and recent days it is important that I acknowledge the passing of the son of Te Arawa, Sir Howard Morrison, and the legacy he left to his descendents and to future generations of Te Arawa.

I also acknowledge his efforts in ensuring that Māori are recognised on the international stage. That is no small achievement. When we take a look at the bottom of the Pacific Basin, see a little iwi called iwi Māori, and see what he did for our presence, particularly in arts and culture throughout the world, and for many of those who followed after him, we see that it was quite a significant achievement. There is not much I can say about this very, very important person, except that he was one of those who believed that the assets of Te Arawa should be returned, sooner rather than later.

I also want to acknowledge the passing of a very good friend, my tuakana from Ngāti Pikiao, and of many other iwi of Te Arawa, who passed away recently, Arapeta Tāhana. He was a former chair of Te Arawa Māori Trust Board, the chair of Poutiri Trust, the Māori health provider network, and also the chair of many land trusts throughout Te Arawa. His passing was certainly a big loss to us. Although he is not mentioned in this legislation, I take this opportunity to mention him in this debate.

We acknowledge today the representatives of Te Arawa, and in particular the journey they have been on for not just decades but very many generations. I am sure that those who started out on this incredible journey—some would say it is an impossible journey—are today resting in peace, finally.

Once again, I acknowledge the contribution made by the current Minister of Māori Affairs to the completion of the very, very important project, or transfer, should I say. I also acknowledge the former Minister of Māori Affairs and his Cabinet colleagues, who thought it was very, very important that the Labour-led Government during its time did the right thing by the people of Te Arawa and gave back their taonga outside of the Treaty settlement process. As we say, although we do have a Treaty settlement process, some matters can be resolved outside of that, simply because it is the proper thing to do.

Once again I congratulate—this is probably the last time I will do so during this discussion—the representatives of Te Arawa; and they are here. I heard the Minister of Māori Affairs mention many names of those in Te Arawa who rightly should be acknowledged, but the people I want to acknowledge are here in the gallery today. They are the ones who took responsibility for leading Te Arawa down this pathway. They are the ones who have been severely criticised. They are the ones who have been intimidated in their own rohe. They are also the ones who said that they would not walk away from this, because not only have past generations transferred this responsibility to them but future generations expect them to complete it now rather than later. Ki ngā pakeke, koroua, kuia, tuākana, tuāhine mai i te rohe o Te Arawa, mai i Maketū ki te Tonga, tēnei nā te mihi ake ki a koutou, nā koutou nei i whakaoti tēnei kaupapa whakahirahira i mahue ake nei i wā tātou tūpuna i te wā i ā rātou. Nō reira, nā runga i tēnā, tēnā koutou, tēnā koutou, tēnā koutou katoa.

[To the elders, male and female, older kin, and sisters of the region of Te Arawa, from Maketū to the south, I acknowledge you. You have completed this great legacy left and created by our ancestors when they were alive. So because of that I salute you all. Well done.]

Hon TAU HENARE (National) : Ā, kia ora, Mr Assistant Speaker Barker. Te Arawa waka, tēnā koutou. Ā, tēnā koutou me ō koutou whawhai mō ō koutou whenua i roto i te rohe pōtae o Te Arawa. Nō reira, tēnā koutou katoa.

[Thank you, Mr Assistant Speaker Barker, and greetings to you, the canoe of Te Arawa. I acknowledge your battles over your lands in the region of Te Arawa. So greetings to you all.]

I will not take too long. The Minister, Pita Sharples, and the speaker before me, Mita Ririnui, have outlined what is not very complex: they have got their land back. But I want to concentrate on an issue that needs some thought put into it. Although the Minister of Māori Affairs is right in saying that we should not intervene in what is, to put it in my South Auckland words, a whānau scrap, it is sort of the easy way out. We were elected here to make some of the hard decisions to see whether we could find a way through.

On one hand I am very happy that a wrong has been righted, that whenua has been returned, but on the other hand I am disappointed that there is a group of people who are and should be part of the bill and who are and should be part of the celebration of the return of whenua, but have somehow found themselves to be outside. We can argue until the cows come home as to who is right; the sad thing is that there is a group of people outside of this who feel aggrieved. Letters have been flying back and forth, as the case is these days. One of those letters, to the Minister of Māori Affairs, assures the other side that some way down the track there will definitely be a coming together. All I can say is that I am hopeful that that will take place.

I cannot bring myself to say Tūhourangi Ngāti Wāhiao, but I can bring myself to say Tūhourangi and Ngāti Wāhiao, and this is no disrespect to Te Arawa waka in general. It is because I am one of those who believes in this vision of development. We are not in a time warp. We are not based in 1840. Something and some things may have developed since then, if given the opportunity to develop. I know that in my own homeland there was some feeling on those tracks.

I want to read some paragraphs from the report of the Māori Affairs Committee to the House, which I think are very, very important: “Some submitters requested that Tūhourangi and Ngāti Wāhiao not be coupled together and be represented separately. They felt that their mana whenua and rangatiratanga status over the Whakarewarewa Valley land were quite separate. The reference to the Tūhourangi Ngāti Wāhiao affiliate of Te Pūmautanga is well established, and has been accepted by the Crown throughout the various mandating processes managed by the Kaihautu Executive Council and Te Pūmautanga since 2003.

In addition, the bill provides for an on-vesting of the Whakarewarewa Thermal Springs Reserve and Roto-a-Tamaheke Reserve from Te Pūmautanga o Te Arawa Trust, established under the Affiliate Te Arawa Iwi and Hapū Claims Settlement Act 2008, to the joint trust. The trust deed establishing the joint trust sets out the Beneficial Entitlement Determination Procedure, and provides for the possible transfer of some or all of those lands following the determination. This mana whenua determination procedure allows the reserve land to be vested separately in the three hapū of Ngāti Wāhiao and the iwi of Tūhourangi in the future.

While the bill could be amended to reflect a decoupling of Tūhourangi Ngāti Wāhiao, this would properly address the concerns of submitters, and would affect the underlying relationships between the Crown and Te Pūmautanga, and between Te Pūmautanga and its affiliates.

An amendment to the trust deed to allow decoupling would require a unanimous resolution of the trustees, a general meeting of the beneficiaries to approve the trustees’ resolution, and an approval resolution passed by a majority of each of Ngāti Whakaue and Tūhourangi Ngāti Wāhiao present at that meeting. We do not consider it appropriate to use legislation to provide for separate representation in relation to the bill, because the decision of Tūhourangi Ngāti Wāhiao to form a single affiliate of the joint trust, Te Pūmautanga, was made by iwi members through a mandating process.”

In conclusion I can say only that at the meeting on the weekend there is a golden opportunity for people to stand and deliver, to deliver to everybody, including those who find themselves on the outside. That opportunity must be taken on the weekend; if not, I am fearful that the opportunity will be lost for a while. We have done all that we can, and I think the House has done a pretty good job—

Hon Mita Ririnui: A very good job.

Hon TAU HENARE: —a very good job, given the tools that we had—

Paul Quinn: The cards we were dealt.

Hon TAU HENARE: —and given the cards we were dealt. But there is the ace in the hole, and the ace in the hole is the meeting on the weekend. I am not trying to say how to run that meeting or even the decision—

Hon Mita Ririnui: But you’re going to, anyway.

Hon TAU HENARE:—but as my colleague said, I will, anyway. The decision on the weekend must include a Ngati Wāhiao representative. I am sure a lot of people have come to that determination, as well. I can see some people rustling around, thinking “How dare you.” I have been there before, and I will be there again. I am not trying to make controversy out of this, but it is a fact that when we are faced with these issues, there will always be people on the outside, who for whatever reason find themselves on the outside. We should be big enough and bold enough to include them as part of the whole, instead of seeing them as some sort of group knocking on the door from the outside. At the end of the day, they are all Te Arawa people, and they are all after the same thing. It is about a bit of representation and it is about mana, and it is about ensuring that the return of land is done expeditiously and without too much of a problem.

Again, I congratulate the Minister of Maori Affairs, Dr Pita Sharples, the previous Minister of Maori Affairs, Parekura Horomia, the last Government, this Government, and also those at home in Te Arawa, as well. I think it is important to recognise that what we do, although it may not affect us personally, does affect the people at home. Nō reira, Te Arawa tēnā koutou. Tēnā anō koutou i roto i ngā whawhaitanga mō ō koutou whenua. Kia ora.

[So congratulations, Te Arawa. You were wonderful as well in the battle for your lands. Well done.]

Hon SHANE JONES (Labour) : Otirā, hei tīmatanga me mihi atu ahau ki ēnei mātua o te ao Māori mai i a Arawa waka kua tatū mai ki roto i tēnei Whare. E kara, e Ānaru tēnā koe. Tēnā koe me tō iwi o te hia rānei roa wēnei take e whakataratara ana i a koutou, kātahi ka whakapaua te kaha, nā, kua tutuki. Te rahi o ngā take i whakaritea hei whai mā koutou. Nō reira, tēnā koutou. E kare, e Rāwiri, i te tuatahi taku kitenga atu i a koe te wā i tūtaki tahi ai ahau, a koe, he tamariki koe. I nāianei kua pae mai te tohoraha ki uta kua rite koe ki tētahi o ngā kaumātua, hinahina te mātenga, ngoikore te tinana engari, tū tonu ana koe. Nā reira, tēnā koe. E kara e Rangi, ngā mihi nunui ki a koutou. Taku hoa e Hamu, koutou katoa, wāhine mā, tēnā koutou, tēnā koutou.

[So as a beginning I must acknowledge these father figures of Māoridom from the canoe of Te Arawa who have arrived here in this House. Friend Andrew, greetings to you and your people. How long and irritable these issues must have been for you! But through the efforts expended it has been accomplished. The issues you had to consider were enormous. But well done. Friend David, you were a young person when we first met, but with the whale coming to the beach, you are now much like one of the elders: hair on the head is grey and body is listless, but you remain staunch. Greetings to you. To you as well, Rangi, the friend. To Hamu, my old mate, and to all of you and the womenfolk, much greetings.]

I briefly say that I acknowledge the leading elders of Te Arawa who are here today, and their supporters, as we witness the passage of this piece of legislation. We on this side of the House probably could have done more over 9 years to expedite the process of settling claims, but because it is an area that neither of the large parties should find room for dissension on, we stand shoulder to shoulder with our Māori colleagues in particular, and indeed with the Minister and all the Parliamentarians who are supportive of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. That is so that we can expedite the passage of this part of our nation’s history and go forward, turning the ihu of the waka to a new horizon.

Mr Tau Henare made reference to some unfinished business in relation to the ascertainment and determination of entitlement in these reserves, but the word that is used in the legislation is “may”, not “must”. I think that any iwi looking at determination, carving up, and ascertaining interests and entitlement, need look no further than the many millions of dollars and the many years that exhausted Māoridom through the Fisheries Commission allocation process. I ask the people of Te Arawa to please be very certain that the value and profit they might achieve through having an allocation is worth the inevitable rancour, tension, and legal fees. But it is, of course, up to them as to how that might happen. The land will remain as a reserve, and although there is an ambition to take on the role of running the Māori Arts and Crafts Institute, otherwise known as Te Puia, such ventures should not be entered into wistfully. They will require a great deal of skill, an appetite for debt, and an understanding of working capital and markets, which are too rarely seen in Te Ao Māori.

This is a large day of celebration for us as MPs, but the larger tasks rest with the stewards of the people. They now need to take this endowment forward and generate a perpetual flow of goods and services to create a dividend to keep the people together. As I have said before in this House, grievances could always cause people, by and large, to work together in the face of a common adversary. But once the whale was landed, kātahi ka marara ngā whanaunga. [then the relatives scattered about.]

Along with the Minister, I am sure that Dr Cullen would share the sentiments put forward by speakers on this side of the House. Each settlement that is completed represents a chance for the next chapter of our nation’s development, and for those who have come today from Rotorua, with the shadow of Sir Howard Morrison’s and Arapeta Tāhana’s recent passing, perhaps the baton is changing to a new generation. That generation will have to show the skills honed of its time. Those skills will not show the same attributes or expertise that earlier generations had. We wish for Te Arawa not only great luck but also the confidence to rely on the new generation’s skills and expertise.

We look forward to visiting the reserves in the future, and to seeing harmony and prosperity. When that day arrives, all I will say is this: Arawa, e Ānaru, ki te puta mātou o roto o Te Tai Tokerau, māua ko taku tuakana a Tau Hēnare ki konā, kātahi ngā gumdiggers ka mihi atu ki ngā kairuku kapa. Nā reira, tēnā koutou, tēnā tātou, kia ora tātou katoa.

[Arawa and Andrew, should we, my elder kin Tau Henare and I of the north, appear there, we gumdiggers will then acknowledge you penny divers. Greetings to you, us, and everyone.]

TE URUROA FLAVELL (Māori Party—Waiariki) : Tēnā koe, Mr Assistant Speaker Barker. Kia ora tātau katoa e hui nei i roto i tēnei Whare, te Whare Pāremata. Koutou kua hara mai i te kāinga, tēnā koutou. Kua kōrerohia te āhuatanga o ngā mate o te kāinga, ko Tā Hauata tērā, ko Arapeta tērā. Nō reira, waiho ake mā te motu rāua e tangi. Ka mutu, ko Frank tērā me te hunga noa atu kua ngaro atu i te tirohanga kanohi. Waiho rātou kia moe. Ko tātau ngā uri, ngā tamariki, ngā urupā o rātau mā haere mai me te āhuatanga o ngā mate; tēnā koutou, nau mai, hara mai ki te Whare Pāremata.

[Thank you, Mr Assistant Speaker Barker, and greetings to us all seated here in this House of Parliament. To you who have come from home, greetings. The deaths at home have been referred to—namely, those of Sir Howard and Albert. The nation will mourn their passing. I mention Frank’s death here as well as a host of others who are lost from view. Allow them to rest there. To us—the descendants, the children, the charnel house of departed ones—welcome with our deaths in mind and welcome to the House of Parliament.]

A day when we get land back for our people is a day of celebration and a time to be remembered because it does not happen too often. However, the settlement process is moving us in that direction. Thank goodness for that! The land brings us mana; our mana is our land. I acknowledge the previous Minister of Maori Affairs, Parekura Horomia, for his initiative in putting this bill forward prior to the election, with the help of Dr Cullen, and also the Hon Mita Ririnui, who, I am sure, was behind the scenes promoting this particular bill. I acknowledge them all and all their efforts to move this particular bill forward to enable land to come back, in this case, to the people at home.

While I am standing, I also want to acknowledge Mr John Clarke, Jonathan Easthope, Tom White, and Dr John Tamahōri, who were involved with me in a process I will outline shortly. But I wanted first to acknowledge all the work that was done from our team. I thought we did pretty well—not quite there but pretty well.

As the Minister has outlined, today is an awesome day for Ngāti Whakaue, for those involved with the Pukeroa-Ōruawhata, Tūhourangi and ngā koromatua o Ngāti Wāhiao. Of course, the bill has some beginnings in the Pūmautanga bill, and we need to acknowledge that someone had the foresight to make sure that it got in there to ensure that it got captured, I suppose, in the net of settlements. Even though it is not purely a settlement, it at least got in on the table. So I acknowledge those who were able to set that out.

There is no doubt that from the very beginnings of this bill, even back to the discussions around the Te Arawa Lakes bill as well as the Te Pūmautanga bill, one particularly important issue has been raised by submitters during the select committee process and, as the Minister outlined, in a number of submissions to him. It has actually resulted in issues of protest, and I understand that there is a protest on as we sit here today. The issue is to do with the whole notion about finding a space for those of what could be loosely termed the kaumātua of Ngāti Wāhiao.

That was signalled throughout the select committee process; it is not new. The Minister heard the discussions, and those members on the Māori Affairs Committee last year, as well as this year, heard about that concern. So it is not new; I am not talking out of shop. To deal with that concern, the Minister of Māori Affairs, Dr Pita Sharples, sent Mr John Clarke, a member of the Waitangi Tribunal, and me to go and see whether we could facilitate a process to bring the parties together. It was under and against the background of some personal flack and also some votes of no confidence—I suppose we could put it that way—that we went up. I am pleased to say that we were able to engage the parties.

The key issue there—with no disrespect to those involved with Ngāti Whakaue, because no discussion came through the select committee—seemed to be finding a space for Ngāti Wāhiao on two parts: first, Wāhiao on a holding trust, which will get the asset once it has passed over to Pūmautanga; and, second, finding a space for those groups to determine that issue of mana whenua. How will the land, once it has gone back, be divvied up?

The great thing was that those parties agreed at least to come to the table, so I acknowledge them in the first instance, because it could have been seen as a little bit of interference. Happily enough, though, they did come to the table and we were able to engage over a period of about 3 to 4 months.

It was great—and I will talk only about the issues of the facilitation process I was involved with—that certain principles were accepted. Firstly, it was accepted by all the parties involved that the land should go back to Tūhourangi, Ngāti Huarere, Ngāti Tūkiterangi, and Ngāti Hinganoa. It was really clear that everyone knew that they were the landowners. That is important. Secondly, it was agreed to have a new register, because, of course, the registering of people to be able to vote in the processes, for whatever reason, was an issue.

It was also agreed that the registry would be based on whakapapa. It was agreed to have check-offs of those whakapapa, such that any two or four koeke o te kāinga could sign off the process. It was great that there was an acknowledgment of whakapapa being a part of the process, and that people were also agreeing to check-offs.

It was agreed that there would be a hui ā-iwi at Wāhiao to work out one of the trustees—because there are four associated with, let us say, the Tūhourangi Ngāti Wāhiao group as well as Ngāti Whakaue. So, again, there was a commitment and acknowledgment of that; the Minister has just talked about that, as did the Hon Tau Henare. That hui is to take place this weekend. That is great.

The next question was how we would find four people to negotiate on behalf of Tūhourangi, Hinganoa, Tūkiterangi, and Huarere. The answer was easy enough: get a new register. Of course, the thought was that Te Puni Kōkiri might assist in facilitation of that great new register, and those people can get involved. The next question was how they would vote. One group said, and theirs was the first problem—one person, one vote. The other group said it should be multiple votes—if we put down three whakapapa lines, we should have three votes.

We got to that point and asked how we should decide. That was easy—the answer was to take it back to the people. Let the people decide. So the thought was to call another hui; all of those who are registered could come together, have a korero, and whatever was the outcome of that hui, that is it. In other words, if the hui decides one person for one vote, that is it. If they decide to have multiple votes, koi rā, the process could carry on. That was agreed to, in a sense.

The next stage, having got all that sorted with the help of Te Puni Kōkiri, other independent facilitators, and so on, was to call for nominations and get on and vote. Those koromatua and hapū will have their own voice to be able to negotiate their pieces of land. That was important. Why? Because all the parties said right from the very start that that was important. So that was all achieved, and, as I say, I thank all of those involved.

We went to the select committee, and advised that we were there—we had an agreement. The select committee considered that request. Indeed, the select committee reported: “We are aware that a facilitation process has been used during 2009 to seek assurance that Ngāti Wāhiao may participate in the structures set up to receive the Whakarewarewa Valley lands (the Whakarewarewa Joint Trust), and that Ngāti Wāhiao are appropriately represented in the Beneficial Entitlement Determination Procedure that will follow from the enactment of the bill.”

The report continues: “We understand that Tūhourangi Ngāti Wāhiao trustees on the joint trust and the members of Ngāti Wāhiao who have engaged in the facilitation process have discussed the details of a process to elect four representatives, one of each from three Ngāti Wāhiao hapū and the iwi of Tūhourangi, who will discuss mana whenua entitlements under the Beneficial Entitlement Determination Process with Ngāti Whakaue. We understand that the details of the voting process will be decided at a hui-a-iwi by the people of Tūhourangi and Ngāti Wāhiao.”

So the select committee process happened. The committee reported back to the Minister, and basically the bill was able to advance, on those agreements. As I say, it is always something to celebrate when land comes back to the people. Having achieved this process of setting out how we might determine this land’s coming back to the people, the Minister is absolutely convinced and assured that the process we have talked about is something that will stand the people in good stead in respect of determining the process.

In closing, I say that my only hope is that, in having given some time to that, we do get the land back to the right people. I have outlined the background because most people may not necessarily know the full background over a period of discussions. The good thing about it is that it will now be resting on the record of this Parliament as a record of history. We can say: “He mana anō tō te kupu.”; that what people say is actually their bond, their word.

The goal in terms of my role, and that of Mr John Clarke I am sure, was always honourable. It was to facilitate the bringing together of a people. Whether or not people believe that, that is what I say. My only hope is that having set that high goal—and what followed was a process that certainly had integrity and honesty to it—in the end we tried our very best to facilitate that process, and we have reported to the Minister accordingly.

The Minister believes that that process will be followed to ensure that that land does go back to those people who belong to that land. As he said, mana whenua is a very, very important concept amongst our people. I hope, as I am sure he does, that, in the end, our process will set the scene and mean the bringing together again of our people at home, such that we get rid of protest, get rid of litigation, and finally make sure that the land falls back to the descendents of those who belong to that land. Nō reira, koi nei te mihi atu ki a tātau katoa i tae mai i tēnei rangi. Huri noa i tō tātau Whare, tēnā koutou. Kia ora tātau.

PAUL QUINN (National) : I join with the previous speakers in welcoming members from Te Arawa. I turn to say hello to, and acknowledge, my Uncle Ānaru Rangiheuea, Rāwiri Te Whare, and Hāmuera Mitchell, and to acknowledge kuia and kaumātua: tēnā koutou katoa.

I think it is important firstly to pick up on something a previous speaker, Shane Jones, said. He said there is no doubt that both sides of the House are very keen on and particularly committed to going forward, to resolve Treaty grievances as expeditiously as possible. In that vein, the current Minister is working very hard to do just that.

In terms of this particular settlement I think it is important to canvas where the bill was at when this Parliament began, because it provides and puts into perspective the contribution from my friend and colleague in the Māori Party, Te Ururoa Flavell. When the 48th Parliament convened, this bill was before the select committee, which was about to hear submissions. The big issue, for which Te Ururoa has provided the outcome, was the issue of mana whenua. This issue taxed the select committee and proved challenging, mainly because given that the trust deed had already been approved, and signed, sealed, and delivered, if the new Parliament was to try to encompass the issues that arose during the course of the Māori Affairs Committee in a formal process, it would mean that the Government would have to go back and, quite simply, renegotiate the arrangement. Because we did not think that that was the best course of action, as we have just heard, it was felt a better way of advancing the issue was to try to allow the Minister time to try to resolve the matter.

The outcome of that task is what we have just heard from the honourable member Te Ururoa Flavell. I think it is important the record note that the understanding the select committee received at the end of that consultation process was that in respect of the agreement—the gentlemen’s agreement, a handshake—there will be a process relating to what is termed in the documentation as the beneficial entitlement determination procedure, and all the parties have agreed that the whakapapa will be determined by four koroua who are well versed in these issues and who, as it was reported to the select committee, have been named. From this point on, the process will start, as I understand it, this weekend.

So it is really against that background, and the comfort that the select committee was given around that process, that the committee was happy to allow the bill to come to the floor of Parliament for its second reading and Committee stage, and now to the third reading. It is therefore with great pleasure that I join members on both sides of the House to recommend that this bill move swiftly to receive the Royal assent, so that the beneficiaries are able to get on with the task and the challenge that now face them, in taking responsibility for their own land and their own assets. Thank you.

SIMON BRIDGES (National—Tauranga) : Tēnā koe, Mr Assistant Speaker Roy. Tēnā koutou e te Whare. It is good that I take what will be a very short call, because I was not present at the select committee hearings. But having listened to other speakers and contributors to this debate, I accept that there are issues between the relevant iwi and hapū that will live on, potentially, past this bill. That should not, in my view, and in the view of everyone who has spoken in this House, obscure what is otherwise a very positive day of celebration in the passing of this bill into law. The bill gives effect to the deed signed between the Crown and iwi in relation to the Whakarewarewa Valley land and the Roto-a-Tamaheke Reserve.

I will very briefly make some acknowledgments and talk about what the bill does. I think it is important that we acknowledge the representatives of iwi who are here today, and that we recognise and acknowledge, as well, that this bill puts into law an agreement that was inspired and initiated by iwi leaders. They brought their proposal to the Crown and asked that the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve land, on transfer from the Te Arawa settlement legislation, together with the adjacent Southern Arikikapakapa Reserve, be vested in a joint trust of the iwi partners. As I have said, the bill transfers ownership of three areas of reserve land. The fee simple for these lands will be vested in a Whakarewarewa joint trust. The reserves have the status of recreation reserves and are at present administered by the Ministry of Tourism under the Reserves Act 1977.

The lands are home to the renowned Pōhutu Geyser, they accommodate Te Puia, formerly known as the New Zealand Māori Arts and Crafts Institute, and they are situated around the Whakarewarewa Village. The Whakarewarewa reserve land is very well known to many New Zealanders, who are not necessarily part of the relevant iwi, and to those who may be watching this on television. It is an important historical, cultural, and spiritual part of our nation.

This is a positive bill. It is a day for celebration. With those few comments, I conclude.

HEKIA PARATA (National) : Tēnā koe e Te Mana Whakawā, otirā, huri noa i tō tātou Whare, tēnā tātou katoa. E tū ana ahau i te whakaiti, i te hōnore hoki ki te mihi atu ki a Te Arawa waka i tō mai nei i tēnei rā i runga i tēnei kaupapa o te pire whakamana o Te Whakarewarewa me te Roto a Tamaheke. Nā reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

[Thank you, Mr Assistant Speaker Roy. Indeed, greetings to all of us throughout the House. It is with humility and honour at the same time that I rise to extend salutations to the canoe of Te Arawa, which has drawn here today for the passing of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. So greetings to you collectively and to us all.]

I should also like to acknowledge the passing of Sir Howard Morrison, whose tangi I was privileged to participate in. I pay tribute to the farewell that Ngāti Whakauē and Te Arawa whānui paid him in the celebration of his life, to the manaakitanga extended to those of us who went on to the marae, and to the elegance and respect that was obvious in all that was done in farewelling not only a son of Te Arawa but also a son of Aotearoa New Zealand. I am sorry that I was not able to get to the passing of, but I pay my respects to, Arapeta Tāhana, as well.

Coming back to the purpose of our gathering here today, I will take a short call and congratulate both Ministers who have been responsible for seeing through the passage of this legislation. To the former Minister of Māori Affairs, the Hon Parekura Horomia, I commend him for the work that he did during the last administration, and I particularly congratulate the current Minister of Māori Affairs, the Hon Dr Pita Sharples, on picking up this bill and ensuring that it could pass through all its stages, together with the support of my colleague Te Ururoa Flavell.

It is not an easy task to see through legislation that was started in one administration and passed through to the next, and which is characterised by some ruffled waters. Nevertheless, I acknowledge that ministerial leadership, and also the support of many officials, and some, in particular, who go through the piki and the heke of all the challenges of sewing together ministerial instructions, arbitrary select committee questions, the people with whom they have been working, and, with most difficulty, keeping the State sector on course and behind what needs to be done. So I also acknowledge and congratulate the officials. I also congratulate the chair of the Māori Affairs Committee, the Hon Tau Henare, and the members, both those opposite and on this side of the House, who have together seen through the last stages of this legislation.

It has been remarked on already by colleagues on both sides of the House that this legislation is not a Treaty settlement. I think that is both remarkable and positive, because it is important to recognise that the relationship between the Crown and iwi is not simply about Treaty grievances, but it can also be about rectifying relationships of a much more general nature, and the restoration of lands that properly belong with their original owners. So it is appropriate that we acknowledge this as a milestone in an ever-increasing relationship between the Crown and iwi, and that both the Crown and iwi benefit from the strengthening of that relationship.

The challenge that is before us as a result of the passing of this bill into law is the management of relationships. Ironically, those between the Crown and iwi are relatively easy, because, as my colleague the Hon Shane Jones remarked earlier, it is sometimes much easier to combine against an adversary than it is to work on the relationships within and between those most familiar and intimate to us. There are important relationships within and between Te Arawa. Those of Whakaue, Tūhourangi, and Wāhiao are represented in this bill. It is easy to develop a habit of blaming external parties, and it is much harder to look within and to work on internal relationships, but it is so much more worthwhile and so valuable.

Governments come and go, but our whakapapa, our relationships with one another, endure and go on into succeeding generations. That common whakapapa, those common traditions, and those common his and her-stories are the ones that we have to keep alive and honour, not only in the rhetoric that trips so easily from our lips but also in the actions of today, so that we may secure those relationships for future generations.

That future must be characterised by all those concepts that our rhetoric so easily articulates: whanaungatanga, kaitiakitanga, mana, mana whenua, manaakitanga, and, of course, kotahitanga. The challenge is to ensure that the decisions of today can be elaborated and developed for real and meaningful opportunities for all kin of the three iwi, and that in developing, managing, and governing that whenua and those taonga, it is done in ways that strengthen the links between those iwi, so that their descendants can together go forward to a stronger future. I wish Whakaue, Tūhourangi, and Wāhiao the rich blessings of their whenua and a generous practice of their tino rangatiratanga. Nō reira tēnā koutou, tēnā koutou, tēnā koutou katoa. Thank you.

• Bill read a third time.