First Reading
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations)
: I move,
That the Te Roroa Claims Settlement Bill be now read a first time. At the appropriate time I intend to move that the Te Roroa Claims Settlement Bill be considered by the Māori Affairs Committee, that the committee report finally to the House on or before 1 June 2007, and that the committee have the authority to meet at any time while the House is sitting, except during oral questions, during any evening on a day on which there has been a sitting of the House, and on a Friday in a week in which there has been a sitting of the House, despite Standing Orders 192 and 195(1)(b) and (c).
The grievances of Te Rōroa are significant and longstanding. This bill recognises and addresses those grievances. This bill settles all of Te Rōroa’s historical Treaty of Waitangi claims.
Te Rōroa is a group of approximately 3,000 members, based in Auckland. Their area of interest runs from south of Dargaville to the Hokianga, and centres on the Waipoua Forest, the home of the giant kauri taonga, Tāne Māhuta. It is an area rich in history and resources. I want to pause to acknowledge and welcome to this House the representatives of Te Rōroa who have made the long journey here this afternoon to join us for the first reading of the bill.
The historical claims relate to breaches by the Crown of its obligations under the Treaty. These include the cession of land at Te Kōpuru in 1842, Crown land purchases from 1876, and the operation and impacts of the native land laws. These breaches have resulted in Te Rōroa being left virtually landless. Te Rōroa’s claims also relate to the separation of Te Rōroa from their wāhi tapu and taonga. The claim has often been referred to as a wāhi tapu claim, reflecting the number of significant cultural and archaeological sites across their rohe. The Crown acknowledges in this settlement that the separation of Te Rōroa from their wāhi tapu and taonga has been a source of great spiritual and emotional pain.
Te Rōroa have travelled a long road to have their claims addressed by the Crown. They have sought redress on a wide range of issues since 1861. The Crown has failed to deal appropriately with the grievances of Te Rōroa before this settlement. Te Rōroa and the Crown began Treaty settlement negotiations back in 1992, the year the Waitangi Tribunal released its report into their claims. The year 1992 was, of course—as you know yourself, Madam Speaker—a significant year in Treaty settlements generally. It was the year of the fisheries claims settlement, and it is the point in time we use to distinguish between historical and contemporary Treaty claims.
In 1993 Te Rōroa and the Crown entered into a framework agreement governing the conduct of negotiations. Three years later, in 1996, the Crown formally recognised the mandate of Te Rōroa negotiators, and the parties signed terms of negotiation specifying the objects and general procedures for the negotiations. In December 2004 the Crown and Te Rōroa signed an agreement in principle, and in December 2005 we signed a deed of settlement after an overwhelming majority of voters showed their support by postal vote.
At the same time, a representative, transparent, and accountable Government entity—the Te Rōroa Manu Whenua Trust—was ratified. Te Rōroa Manu Whenua Trust will receive and manage the majority of the settlement assets. Te Rōroa have also established a second trust—Te Rōroa Whatu Ora Trust—which has a commercial focus and will receive and administer the commercial redress properties.
Te Rōroa were there at the start of the Treaty settlement process and have experienced its development firsthand. They have known many administrations and faced many challenges along the way. The introduction of this bill signals the final stage of the long journey for Te Rōroa to have their grievances properly resolved. Settling this claim is also an important further step in this country’s progress towards settling all historical Treaty claims.
The bill gives effect to the undertakings by the Crown in the deed of settlement. That includes the offering of a Crown apology for its breaches of the Treaty of Waitangi and principles; financial and commercial redress totalling $9.5 million, and cultural redress, including the vesting of 24 sites of cultural and spiritual significance to Te Rōroa; the declaration of an overlay classification over an area of the Waipoua Forest; statutory acknowledgments of the special association of Te Rōroa with two statutory areas; entry by the Crown and Te Rōroa into deeds of recognition relating to two sites; protocols issued by four Ministers of the Crown; various items of fisheries redress; and six place name changes.
I take this opportunity to acknowledge the Te Rōroa people, who suffered the breaches of the Treaty and who for so long carried the grievances. I particularly acknowledge those who are no longer with us, those Te Rōroa kuia and kaumātua who tirelessly sought justice in the late 19th and early 20th centuries, and Ned Nathan and Emily Paniora, who took the Te Rōroa claims to the Waitangi Tribunal. I also acknowledge the Te Rōroa Iwi Authority and its successor, the Te Rōroa Manu Whenua Trust, including the members of the negotiating team. Their dedication, commitment, and tenacity on behalf of Te Rōroa have been vital in the long and difficult path towards achieving this settlement.
I also thank the other Ministers and departments involved in this process. A wide variety of people from across the political spectrum have made important contributions to this settlement over the years. I may be wrong, but it is perhaps the first settlement that has involved every Minister in charge of Treaty of Waitangi Negotiations.
As New Zealanders, I believe we can all be proud that real and significant grievances suffered by Māori are recognised and settled peacefully and within the law. The public can be reassured that the Crown is certain of the validity of the claims that will be
settled by this bill, and that the settlement has been negotiated with the interests of all citizens in mind. It is not possible to compensate Te Rōroa fully for all the prejudice and loss its people have suffered. Although this bill enables the transfer of several sites to Te Rōroa, the Crown is fully aware that all the traditional lands of importance are not being transferred. It is the case that the people of Northland and of New Zealand generally have benefited from this land and other resources alienated from Te Rōroa.
I acknowledge on the record of this House Te Rōroa’s courage, their foresight, and—perhaps most of all—their generosity in reaching this settlement, looking to their future, and helping the future of our country. There could be no settlements and therefore no resolution of historical grievances without such resolute and courageous leadership.
The goal of this Government is to reach settlements that resolve grievances of the past. This settlement with Te Rōroa lays the foundation for a strong and positive relationship between Te Rōroa and the Crown, into the future. The bill makes it clear that this is a final settlement of all the historical Treaty of Waitangi claims of Te Rōroa. The settlement has had a very high level of support from the claimant community. Ninety-two percent of those who validly participated voted in support of the Crown’s settlement offer.
The people of Te Rōroa have been waiting a very long time to have their grievances against the Crown addressed. They have worked hard and sacrificed much to realise this settlement. For these reasons I consider that the bill should therefore proceed without delay to the Māori Affairs Committee and be reported back on or before 1 June 2007. This will allow the timely transfer of settlement redress to Te Rōroa. I commend the bill to the House.
Hon GEORGINA TE HEUHEU (National)
: Ngā mihi ki a koutou e ngā iwi, e ngā whānau o Te Rōroa. I am pleased to stand on behalf of National to support the introduction of the Te Rōroa Claims Settlement Bill to this House, and I am pleased to make a contribution to the debate. I too want to join the Minister Mark Burton in congratulating Te Rōroa. I salute them very sincerely, because they were already in negotiations when National was in Government in the 1990s. As an Associate Minister to Sir Douglas Graham, I had the pleasure of meeting with them, along with my colleague the Hon Tau Henare, on some of the matters that now comprise this settlement legislation. I also pay tribute to the late Ned Nathan, whom I had the privilege of sitting with on the Waitangi Tribunal when I was first appointed to that body in 1986.
The fact that this settlement bill is before Parliament today is a tribute, in my view, to the fortitude of Te Rōroa and to their willingness to focus on the long term and to stay with the plan—particularly when dealing with the current Labour administration. Labour has been in Government for 7½ years and, despite its regular boasts of progress in concluding Treaty settlements, it is now finding that the wheels are starting to fall off its management of the process. Te Rōroa would have required not only the wisdom of Solomon but also the patience of Job. When one reads their history, as set out in the settlement bill, one can only conclude that they have had both in heaps over many generations, and particularly so in the last 5 to 10 years.
Te Rōroa hail from ancient beginnings, and the events that gave rise to the Te Rōroa claims began surfacing just 2 years after five of their rangatira signed the Treaty of Waitangi. I mention this in order to give a flavour of how soon it was after the signing of the Treaty that breaches by the Crown began to occur. As I say, this is well set out in the bill. Of course, it is also all backed up by a comprehensive Waitangi Tribunal report that came out many, many years ago. This is a sad part of our history, but it is not a part of our history that we of the current generation need to feel ashamed of. Indeed, what we should feel pleased about is that we, in the 21st century and in this Parliament, have
the chance to make reparation for the injustices that have occurred, both in the case of Te Rōroa and in the case of other tribes, as well—some of whom are yet to settle.
I will comment briefly on the boasts, particularly of the last 10 days, made by the Minister in charge of Treaty of Waitangi Negotiations, Mark Burton, and the boasts made by the Government, in general, of the wonderful progress that they believe they have made in the settlement of Treaty claims. I could be wrong—and perhaps the Minister would like to correct me at some time—but out of all the settlement bills that have come to this House in the last 7 years, I do not think that this Government started negotiating one of them from scratch. As far as I can tell, the settlements that have been concluded under the Labour administration were all under negotiation when Sir Douglas Graham was in this post. So I think that the current Minister and Government should think twice about boasting.
The reality is that the National Government in the 1990s set the format and developed the policy—none of that has changed. One would have thought that with this Government’s having inherited a strong settlement base, it might have been able to bring better momentum to this process. The Government has had the advantage of all of the really hard work that had gone on before it came to power, but it has not really taken advantage of it.
This is symptomatic of what the Government is facing right now, what with land occupations, court action by Māori on the forestry settlement, and the potential for court action on the fisheries settlement. If I were the Minister in charge of Treaty of Waitangi Negotiations, I certainly would not be standing in this House and pretending that great progress has been made. Indeed, Māori claimants are talking to National now, because they see that we are likely to become the Government next year. In fact, some of them are saying that there is at last some hope, with the likelihood of National getting into power, that this process might gather up some real speed.
So, without detracting from the efforts of Te Rōroa, those comments have to be made, because this is just the first reading. The Opposition will be doing its part to make sure that the process through the select committee goes well and smoothly. All I can say is that, hopefully, sooner rather than later the fortitude, courage, and strong leadership that has been shown by this group of people from the far north will be rewarded.
I am very pleased to contribute to this debate. However, I think that this Minister and this Government need to take stock. Although they have very little time left in Government, they should move to see whether they can put before this House a settlement that they have actually started from scratch. To Te Rōroa, ngā mihi ki a koutou. Tēnā koutou, tēnā koutou, tēnā tātou katoa.
PITA PARAONE (NZ First)
: E te Kaiwhakawā, tēnā anō koe. Koutou, tātou o te Whare nei tēnā hoki tātou. Kei te tū atu, ngā mihi ki a koutou mai i te hau kāinga kua tatū mai nei rā i te rā nei, koutou e Alex, e Wīremu, e te whaea Mārama, e te tuahine Ōriana. E tika hoki māku kia tautoko ngā mihi i mihingia e ngā kaikōrero i tū atu i mua i a au ki a koutou o Te Rōroa i haere mai tawhiti kia tae i waenganui i a tātou i te rā nei. Ngā mihi ki a koutou mō ngā mahi pakeke i mahia e koutou ki te whakaotingia ngā mahi i tuku te iwi i runga i ō koutou pokohiwi.
Kei te mihi hoki ki a rātou o Te Rōroa kua ngaro ki te ao wairua mai i te tīmatanga o te kaupapa nei, tae mai ki nāianei. Kahore kau kē e hiahia ana au ki te whakahuahuangia ngā ingoa ō rātou mā nā te mea, kei mahue tētahi. Engari ko te mea nui kia mihi atu ki a rātou ahakoa i whakahuahua ētahi o ngā ingoa mai i tētahi o ngā kaikōrero i tū ake i mua i a au.
Ka huri ki a tātou o tēnei o te ao tūroa. He mihi hoki ki a koutou o te hau kāinga e noho ana i raro i ngā maunga hī o te wā kāinga. Nō reira e kara e Hāmi, ko koe he
mōrehu o ngā hunga o te ao kōhatu, ko koe e takoto mai nei i roto i te māuiuitanga nā reira, tēnā koe, arā, tēnā koutou. I te rā nei ka kite anō i a koutou tētahi o ngā hua i puta mai i tēnei mahi whakahirahira mō te iwi o Te Rōroa.
- [An interpretation in English was given to the House.]
[Greetings to you, Madam Speaker, and to all of us as well of this House. I rise to acknowledge you who have arrived here from home today, Alex, Wīremu, Aunt Mārama, and sister Ōriana. It is apt, too, that I endorse the greetings extended to you, Te Rōroa, who have travelled from afar to be in our midst today, by those who spoke before me. The hard work that went into completing what the people had placed upon your shoulders is acknowledged.
I acknowledge those of Te Rōroa too who have passed away since this settlement process began, to the present day. I do not wish to name individuals, because someone might get left out. Even though speakers before me mentioned some, the important thing is that they are acknowledged.
So I turn to us of this longstanding world. To you beneath the peaks of home, Hāmi, elder, survivor of the old world, bedridden and ailing, greetings to you and to all of you back there. Today you will see one of the benefits of this wonderful work emerge for Te Rōroa.]
On behalf of New Zealand First it is my pleasure to participate in the first reading of the Te Rōroa Claims Settlement Bill. This is part of a continuum of the whole settlement process involving Treaty of Waitangi claims. The process in respect of this particular claim began in 1992, following the release of the Waitangi Tribunal’s report. That report has had an impact on subsequent settlements, particularly in regard to property and private ownership. The bill also gives effect to aspects of the deed of settlement signed in 2005 between Te Rōroa and the Crown. So one can quite clearly see that this claim has taken some time to settle, and I hope it is not an example of the length of time it will take to settle future claims.
What is more pleasurable about this bill is that it helps to bring some closure on matters of the 19th century and, indeed, matters that occurred over the latter part of last century pertaining to this iwi. I and my colleagues of the New Zealand First Party certainly recognise the fact that no settlement can change the events of the past. However, it is hoped that this bill will help to compensate Te Rōroa, by providing it with some form of redress. I say that in the context of a view expressed by the Waitangi Tribunal. I have already quoted that view in debates on earlier bills of the same nature as this bill, and I will repeat it again. “Generous reparation policies are needed to remove the prejudice to Maori, to restore the honour of the Government, to ensure cultural survival, and to re-establish effective interaction between the Treaty partners.”
The first reading of this bill addresses the claims made by Te Rōroa, which is an iwi that has roughly 3,000 members. Although Te Rōroa may be one of the smallest iwi to have its claims addressed, that does not in any way diminish its status or standing within Māoridom or our country. I congratulate the iwi members on their tenacity. In passing, I mention that I belong to a tribal grouping that is conservatively estimated to have 15,000 to 25,000 members, and whose structure meets all the requirements, both culturally and legislatively, for it to be described as an iwi. Yet it is being denied access to that status and to other processes that could gain it access to resources that would see its social and economic development progress much more quickly than it has done to date. Of course, I am talking about the tribe based in the Bay of Islands called Ngāti Hine. All of that I mention in the context of acknowledging the support that Te Rōroa gave Ngāti Hine towards its claim to seek iwi status, way back in the mid-1980s. That
was a time when the bloodlines between the two tribes were recognised, and the aims of both were similar.
Today I take the opportunity to congratulate Te Rōroa on its achievement in that regard. It is only right that a formal apology and compensation be given by the Crown for its breaches of the Treaty of Waitangi. The basis of the claim that this bill addresses relates to breaches by the Crown of its obligations under the Treaty of Waitangi, and, in particular, the cession of land at Te Kōpuru in 1842, Crown land purchases from 1876 onwards, the operation and impact of native land laws, and the Crown’s failure to ensure that Te Rōroa retained sufficient land for its present and future needs.
Of course, we would not be here debating this bill in the House today if it were not for the support given by the people of Te Rōroa to the ratification of the settlement agreement. To that end, I again congratulate those people, some of whom are in the public gallery today, on their efforts. The leadership, commitment and courage of kaumātua and negotiators to reach the stage of accepting an apology and redress from the Crown for past Treaty breaches will allow the people of Te Rōroa to move on. In a way, it is also an acknowledgment that their history of loss and the impact of Crown decisions at the time can never be fully compensated for. It also acknowledges that in order to move forward and progress, the shackles of past injustices must be recognised and compensated for. I believe that this bill does that.
I am not aware of the ratification process involved in this particular settlement, but suffice it to say that I will certainly be seeking clarification of that during the select committee process. Should there have been any dissension from within the tribe, the select committee process will afford an opportunity for those dissenters to come forward and express their concerns to the committee. I say to them, some of whom may be present in the gallery or even listening to this debate, that by virtue of this House referring this bill to a select committee, they will have the opportunity to advise us as to the reasons for their non-participation. If their non-participation is related to any disagreement with the deed of settlement, the settlement itself, or the new governance bodies that will receive the proceeds of this settlement on behalf of the iwi, then we would certainly like to hear from them. I say those things because what has become a common concern, when hearing submissions on Treaty settlement bills, is the number of people who have not approved of particular settlements.
We do know that two governance entities have been established, Te Rōroa Manawhenua Trust and Te Rōroa Whatu Ora Trust, to receive and administer settlement redress and to receive and administer commercial redress properties respectively. The settlement is described in the bill as one of redress with an aggregate value of $9.5 million, and it covers the following: a cash payment of $77,000-odd, and cultural redress, which includes name alterations and name assignments. I just want to mention the alterations and assignments. In terms of alterations, Merowharara Stream is to be known as Mirowharara Stream; part of the Taitā Stream is to be known as Waitakuhuruhuru Stream; and the Waitapu Stream is to be known as the Ngāiore Stream. In terms of assignments, an unnamed stream is to be known as Mangatara Stream, an unnamed locality will be named Ōhae, and the mountain of Te Rōroa is to be recognised as Maunga Kairara.
In conclusion, I want to make some reference to the declaration of Te Tarehu. Te Tarehu acknowledges Te Rōroa’s association with the area and requires the Minister of Conservation and Te Rōroa to develop and publicise a set of principles that protect Te Rōroa’s values in relation to the management of the Waipoua Forest. The New Zealand Conservation Authority and the Northland Conservation Board will be required to have regard to those principles and to consult with the trustees of the Te Rōroa Manawhenua
Trust. I want to make the point, in terms of that agreement, that I hope the principles are defined.
Hon TAU HENARE (National)
: Te mea tuatahi taku mihi ki ōku whanaunga. Ahakoa kāore au e kitea e ōku whanaunga. He nui te aroha nui, te manaakitanga ki a rātou.
[The first thing is my acknowledgment to my relatives, even though they cannot see me. Much love and respect to them.]
I start by saying how disappointed I am that our whanaunga are not in the Speaker’s gallery. [Interruption] They are not in the Speaker’s gallery; they are in the public gallery, and therefore I apologise to them for speaking about the Te Rōroa Claims Settlement Bill with my back to them.
I start by saying that I am not going to dilly-dally or tiptoe around a number of issues. First, I congratulate Te Rōroa on their magnificent effort in getting the measly sum of $9 million. I say “measly sum” with respect to the whole process of Treaty settlements. I believe that the settlements we have reached previously have been measly entitlements. They have not been a representation of the true value of Treaty settlements. It was always one of the questions that my colleague the Hon Georgina te Heuheu and I had to work hard to come to grips with when we were in Government. I do not blame the present Government for that inequality. I do, however, blame the present Government for a number of things, and we will get there in a minute.
Hon Mark Burton: Of course you would.
Hon TAU HENARE: Yes, well, here we go. It is the “settlements by numbers” crew. It is the “Treaty settlements by numbers” party. I am amazed that in the last 7 to 8 years not one settlement has started under this Government. Negotiations have not started under this Government. I am appalled, even, to think back to the 1990s under Sir Douglas Graham. All the negotiations for the settlements that have been reached to this point were actually started with Sir Douglas Graham. What has this Government been doing for the last 7-odd years? Well, it has been letting the process get away from it. This Government does not know how to negotiate. Its members do not know how to sit down with people, talk over some issues, and get the process on the road.
Do members know why? It is because the Government does not have any negotiators in its crew, in its team. Even with the advent of Shane Jones, the Government still does not have the negotiating skills that are required to quickly settle Treaty settlements that tribes like Te Rōroa have been waiting for, for years and years. There is no experience in this team whatsoever. It never ceases to amaze me that when Treaty settlements come into this House, we have acknowledgment after acknowledgment. It is quite sickening to see some of the tiptoeing around these issues.
I want to mention Te Rōroa tribal area itself, the report that the tribunal put together, and the many research projects that have happened over the many, many years since the establishment or even getting the Wai number. They had a spin-off effect on a number of tribes and on a number of negotiations.
I want to pay due respect to my sister-in-law, who passed away in September, Yvonne Paraone-Kawiti. I give her some due for the assistance she gave to the people of the mid-north and to Te Rōroa, as well.
I also say that $9 million is not that much. We all realise that; we all have come to terms with that. I can say that the crew from Te Rōroa will use the $9 million wisely—and it is not all in cash. They will use the assets that have been given back, or settled on, in this settlement, and they will use them for the benefit of those people who tātai back to Te Rōroa.
I also acknowledge the comments made by my tuakana Pita Paraone, who said that Te Rōroa has around 3,000 members—I am sure there are more. He also said that Ngāti
Hine seem to have between 15,000 and 25,000. Well, actually, it is more than 15,000 to 25,000. Out of the 100,000-odd people who have said they are of Ngāpuhi descent, 76,000 have said they are of Ngāti Hine descent. Seventy-six thousand! That is bigger than some other tribes—in fact, that is bigger than a whole lot of other tribes! But, hey, who is counting?
Hone Harawira: Te Rōroa.
Hon TAU HENARE: This is from the Māori Party; these comments are from the Māori Party. I want to pick up on what happened yesterday. Māori Party members went around the country telling people to go and occupy land because they cannot get any assistance out of the system. Well, let me ask the members of the Māori Party who will pay the fines and who will go to jail when those people end up in front of the court. Well, it will not be the Māori Party! It ain’t the Māori Party! It will be the people who take action. So I say to Mr Harawira that instead of interjecting on me, he should tell me who will pay the fines and who will do the time when those fullas go in front of the court. [Interruption] Uncle Pita says: “We are.” Well, I take his word for it.
But I digress. I want to say that Te Rōroa can be assured that the Māori Affairs Committee will do a sterling job, as it has done before, in taking this process to its finality and reporting back to this House so that a fast and good deal is done. In fact, I say to Te Rōroa that the select committee has already determined to travel to Dargaville to hear submissions from the hau kāinga next month.
I do not want to dwell too much on things today because this is the day when the bill has come to the House. It is the first stage of the last stage of the Treaty settlements. I do want to mention the despicable comments and the behaviour of Trevor Mallard in the House this afternoon when he referred to John McInteer as being nothing more than a Tory candidate. Let me tell the Minister and let me tell those members over there, who did not even stand up to defend the honour of John McInteer, that he is on the land in Whenuakite because of the lackadaisical and lacklustre performance by a number of the Ministers who sit now on the Labour side, and who have sat there for the last 7 years and twiddled their thumbs. Nothing has been done about it. Whenuakite has been there for a millennium, and so has Rangiputa, and not once in 7 years has a Government member thought it necessary to think: “Crikey, I’d better get up there and sort out a mess before some people take some action.” I do not condone illegal action, but sometimes the Crown pushes people far too much.
Hon PAREKURA HOROMIA (Minister of Māori Affairs)
: He tika ake anō i runga i te tū nei ki te mihi ake anō i a koutou o Te Rōroa, tēnā koutou. Tēnā koutou mō te kaha rawa i roto i a koutou e tae kaha ake anō i konei mai i te wāhi o te ngahere, ngā wāhi pērā i a Te Kōpuru, ngā āhua pērā tonu, e mihi kau ana, tēnā koutou.
E whakahoki ake anō ōku whakaaro ki tērā rā i tae tahi ake anō tāua me tōku hoa mahi, a Mark Burton, i rō whare a te ngahere, e kite ake anō i te kaha rawa, te koi hoki, te tino kaha i roto i a koutou e manaaki ake anō o tāua, e tae ake anō i reira, hei oti ake anō i te kōrero mō tēnei mamae roaroa hoki.
Tō Te Tai Tokerau, mai i Te Oneroa-a-Tōhē e tae ake anō i te wāhi tata ake anō i a Whātua. E mihi kau ana i a kōrua. E Pita, me a koe e Hone, me tērā tino tangata upoko mārō, taku hoa rā e kōrero ake anō mō te kaitā hoki a Ngāti Hine, me tēnei tētahi o ngā tino tuakana pāpā o te Whare nei pērā i a Pita, a Dover.
- [An interpretation in English was given to the House.]
[It is appropriate, as I rise, to acknowledge Te Rōroa as well: greetings to you. Your efforts to get here from Waipoua Forest, from places like Te Kōpuru, are acknowledged. Greetings to you.
I recall the time when fellow Minister the Hon Mark Burton and I visited you at Waipoua Forest and saw how industrious, sharp, and hospitable you were when we visited to discuss this lengthy and painful grievance.
Of the north from the Ninety Mile Beach to Whātua, I greet you, Pita, Hone, and that hard-headed colleague of Ngāti Hine, also Dover, one of the real elders of this House like Pita over there.]
I stand today to support the Te Rōroa Claims Settlement Bill. In so doing, I wish to congratulate Te Rōroa negotiators on their efforts in getting to this point. This bill gives effect to certain aspects of the deed of settlement that was signed by the Crown and Te Rōroa on 17 December 2005. The deed settles all the historical claims of Te Rōroa in Northland. The historical claims of Te Rōroa relate to a number of Crown acts and omissions in relation to the operation and impact of the Native Land Court process and Crown land-purchasing in the 1870s.
It is important to note that the deed sets out an agreed historical account and an acknowledgment of Crown breaches of the Treaty and its principles. The acknowledgments include: the failure of the Crown to deal with the repeatedly raised grievances of Te Rōroa in an appropriate way; the Crown’s process used to determine reparation for the plunder of a store in 1861, which led to the cession of land at Te Kōpuru; the Crown’s awarding of land to individuals of Te Rōroa rather than to the iwi or to hapū; the cumulative effect of the Crown’s actions and omissions that have left Te Rōroa virtually landless; the alienation of Te Rōroa from their lands, which hindered their economic, social, and cultural development; and the separation of Te Rōroa from their wāhi tapu and taonga, which has been a source of great spiritual and emotional pain to Te Rōroa—ngā aureretanga o Te Rōroa.
The bill also includes a formal apology given by the Crown to Te Rōroa, and to their ancestors and descendants, for the breaches of the Treaty of Waitangi. The Crown apologises for those acts and omissions, as well as for its failure to acknowledge the mana and rangatiratanga of Te Rōroa. The acknowledgments, apologies, and agreed historical account contained in the settlement redress establish a platform for the Crown and Te Rōroa to build a relationship into the future, based on mutual trust and cooperation, and, over and above the settlement, will ensure that Crown agencies and services are built stronger and longer than before. In recognition of Te Rōroa’s historical, cultural, and spiritual association with places and sites within their area of interest, the settlement also includes the vesting of 25 sites of cultural and spiritual significance.
The settlement is conditional upon the establishment of an appropriate governance entity to receive and manage the settlement redress. Te Rōroa has also established a second trust, Te Rōroa Whatu Ora Trust, which has a commercial focus and will receive and administer the commercial redress properties. This settlement will go some way in assisting Te Rōroa to establish an economic base for themselves.
Concluding settlements like this one is important for Māori. Currently, 20 groups are actively engaged with the Office of Treaty Settlements, and three heads of agreements in principle have been reached with a number of claimant groups. [Interruption] At times it is too easy for people who are in Opposition for a period of time, and who will remain in Opposition, to cite what they would do—like what they suggested at Ōrewa. Yesterday I concluded a settlement like this one. Yesterday I was fortunate to be in Wanganui, where I finished off and signed on behalf of the Crown an on account historical Treaty settlement with representatives of Whanganui iwi. It will provide Whanganui iwi with ownership of the Wanganui courthouse and the land it sits on. I think that is incredible, in the sense of it having taken 12 years to achieve that, because that lot on the other side of the House did nothing—zip! It was a great day—a historic
day. I have to agree with this morning’s
: “The iwi were in a joyful mood.” And there are things to celebrate, when one does not sit and chastise other people, be reckless with one’s tongue, and skite about the size of one’s iwi. I know that Ngāti Hine is a great iwi. As this Government continues to make strong progress in resolving Treaty grievances, I expect to see more occasions like this, and they will happen quickly.
I want to talk about Hauraki. Having been at the land march, having gone to Waitangi for 35 years, and having gone to the koroneihana for 35 years, I can say I have never ever seen those two members there, even in recent times. I am sorry; I have seen Georgina there. I have seen Hone Harawira behave in a dastardly fashion, and I have seen Pita Paraone behave in a greatly receptive fashion. Hone Harawira has now grown into doing that, and I relish and celebrate that from my former workmate Hone—I really do. I used to remember when protestors went there with stones in bottles and rolled them on the ground so those damned National Ministers would fall over, because they would not make decisions. The National members never make decisions. They say one thing out of one side of the mouth—things about the Māori seats or whatever else—then dream and make-believe about what they would do to make things better for Māoridom. They never do anything.
In relation to Hauraki, I say I, my colleague Dr Burton, and Minister Mahuta met with the Hauraki iwi for over 4 hours, because they were having issues with their mandate. John McEnteer was there and Paul Majurey was there; so were those rangatira who are right in the middle. It was great that they talked about it. After we help them to get their mandate, we will do the business. We will make sure that we do the business. We will not sit here and prattle like reckless cattle, as National does; it tries to make out that it will do everything for Māori, and it makes policy on the hoof. It is outrageous how the National Party wants to treat Māori.
I will tell the House about when we rode into Te Rōroa. It is a beautiful place. There is a marae there, and a koroua was there—80-plus; he might even have been 90-plus—and he said he wanted us to hurry up, because he wanted to go down and have a bit of nectar. The other great thing was that the kids were all up in the trees. It is a beautiful place. In case Georgina te Heuheu has never been there, I tell her that it is a wonderful place. Those people’s tīpuna were there and they live there. They do not live in urban Auckland, which is a great place, too. [Interruption]
I remind the member Tau Henare that when he was the Minister of Māori Affairs, I used to go fishing with him on Thursday nights. I used to give him top-quality advice, and he would not listen to me. He went down outside Te Papa, and he fished—
Hon Tau Henare: I raise a point of order, Madam Speaker—
The ASSISTANT SPEAKER (Ann Hartley): Is it a point of order?
Hon Tau Henare: I will be guided by you, Madam Assistant Speaker, as to whether it is. But can I tell members that the advice that I got was not very good, because I did not catch anything.
The ASSISTANT SPEAKER (Ann Hartley): That probably was not a point of order, but never mind.
Hon PAREKURA HOROMIA: I caught more fish than him. And I knew more about Māoridom than he ever did, because most of my staff were Māori—Hone Harawira was one of them, and he was a great operator, as were a whole lot of other people. But I want to mihi to Tau, I want to mihi to Ngāti Hine, and I thank Te Rōroa for being strong and forthright—
Keith Locke: I raise a point of order, Madam Speaker. I just find it disturbing, and I would ask whether it is right, for the speakers who have spoken so far on this bill to turn this Parliament into such a fishy place.
The ASSISTANT SPEAKER (Ann Hartley): Well, that probably was not a point of order, either.
Hon PAREKURA HOROMIA: There is only one person in this world who is able to divide bread and feed the multitudes with fish, and it is not Tau Henare—even though he thinks that it is. Thank you, Madam Assistant Speaker.
HONE HARAWIRA (Māori Party—Te Tai Tokerau)
: Kia ora rā. Hei kōrero tuatahi, e ōku whanaunga Tau, Parekura, kaua e kōhetehete mai. Anei te reo o te Pāti Māori. Tēnā tātou katoa. Hei tīmatangia ai taku kōrero, anei te reo o Māori Marsden.
[Thank you, indeed. To start off, I say to my relatives Tau and Parekura, do not squabble. This is the Māori Party speaking. Greetings to us all. To preface my address, here is the voice of Māori Marsden.]
Tū mai, Tāne Māhuta, tū mai rā. Nō nehe rā anō koe te uri whakahirahira, nō tua whakarere iho koe. Kōrerotia mai ngā taonga, ngā whakatapuranga i piki ai koutou ki te teiteitanga o te rangi, hei whakaruruhau mō te ngāherehere.
Stand tall, Tāne Māhuta, stand tall, as you have done for aeons of time. For you are the impressive descendant from the beginning of Aotearoa. Tell us of the treasures and the blessing upon you all, why you climbed up so high to the sky to shelter the forest.
In the heart of the Waipoua stands Tāne Māhuta, lord of the forest and the largest remaining kauri in all of Aotearoa. At 52 metres tall and 1,200 years old, this giant of the forest holds huge spiritual significance for the people of Te Rōroa, Ngāti Kawa, Ngāti Whiu, and Te Kuihi ngā uri whakaheke o Manumanu, o Rangitauwāwaro, ā, me mihi au ki a rātou kua tatū mai i tēnei rā. E tewhānau, tēnā koutou, tēnā koutou, kia ora tātou katoa.
[Te Rōroa, Ngāti Kawa, Ngāti Whiu, Te Kuihi descendants of Manumanu, and Rangitauwāwaro today, whose presence I acknowledge. Greetings to you the family, greetings, greetings, and greetings to us all].
E ōku whanaunga, I greet in this time of change—this time of possibility—but it is also a time when this House needs to be reminded of the historical destruction of Te Rōroa’s economic base, the denial of Te Rōroa’s access to their traditional mahinga kai, and the threat to Te Rōroa’s spiritual connection to the Waipoua itself.
E ōku whanaunga, I greet also with the words of Judge Acheson—of all people—who stated, in 1942: “The circumstances of this case … cry aloud for redress … The … reserves are theirs and should be returned to them, no matter what cost to the Crown this may involve.” I ask how it can be that it took 65 years for this matter to come before the House—or indeed, as Georgina te Heuheu has pointed out, 165 years since claims against breaches of the Treaty were first raised by the people of Te Rōroa. As with all other settlements that the Crown insists be concluded for less than 3 percent of the value of the claim, this House is again bearing witness to a people of deep history and connection to the land being asked to accept an imposed settlement.
I will remind the House that the Waitangi Tribunal found clearly that the Crown used unfair methods to purchase Te Rōroa lands, that the Crown failed to make proper provision for native reserves, and that the Crown persisted—as it has in every other Treaty settlement—in ignoring the true depth and breadth of Te Rōroa’s grievances. The tribunal, in 1992, recommended that all Crown purchases of the Maunganui, Waipoua, Waimamaku, and Wairau lands be returned to Te Rōroa, but we see that today’s bill delivers considerably less, effectively leaving Te Rōroa virtually landless, as the Minister of Māori Affairs himself has said.
The tribunal report also recognised the massive impact of the alienation of Te Rōroa from their lands and how much this has hindered their economic, social, and cultural development. I draw the House’s attention to the lengthy and decidedly criminal separation of Te Rōroa from those lands, from those places, and from those practices
that have sustained them over the centuries. I refer here to places like Manuwhētai, Whāngaiariki, Maunganui Bluff, Kawerua, Waipoua, Kaharau, Tarairē, Taharoa, and Kaiiwi—some of the primary and tribal markers of Te Rōroa; those places wherein lie the history, the honour, the well-being, and, indeed, the future of Te Rōroa. Along with my whanaunga, I too mourn the alienation and outright loss of many of those vital heritage areas through land theft, improper land sales, legislative acquisition, settlement, local body development, expensive beachfront housing subdivision, exotic forestry, and private farmland.
But worse than this loss of land has been the fate of human remains and sacred objects acquired by private collectors and museums for the voyeuristic and commercial exploitation of a people’s culture. The handling and mishandling, the studying and probing, the dissection and division by scientists, archaeologists, doctors, lawyers, anthropologists, and all those other “Raiders of the Lost Ark” are acts that we associate with the name Te Rōroa-ngā aureretanga o Te Rōroa—the continuous crying of the people of Te Rōroa.
The Māori Party recognises the history of violation of Te Rōroa’s taonga through the actions and lack of action of the Crown, and the denial to the people Te Rōroa of the benefits of development enjoyed by other New Zealanders. We also recognise the fact that if an unfair settlement is imposed in 2007 it will surely be revisited by future generations. We commend the strength, the commitment, and the courage of the people of Te Rōroa in pursuing justice, but we recognise also a negotiations process drafted by the Crown, and the Crown, alone based on false faith and double-talk. It is a negotiations process that masquerades as being fair and reasonable in the circumstances but which, in fact, is anything but, and an empty insistence by the Crown that all settlements be full and final—an insistence that will haunt this Chamber long after it is cleared.
In this seeming endgame I raise one outstanding issue—the Crown’s continued refusal to properly deal with the area known as Kaharau. It is a burning issue that succeeding generations will surely continue to pursue until proper resolution has been reached. When the Government’s draftsmen originally drew up sale plans in 1875, without even going to Waimamaku, and without any discussion whatsoever with local rangatira, two blocks—Kaharau and Tarairē—were not set aside as reserves and were included in sale arrangements without the approval of Te Rōroa, and contrary to their wishes. Indeed, plans submitted to the Native Land Court by the Government surveyor clearly show that both Tarairē and Kaharau were outside the area of land for sale. Yet with all that information, and evidence from experts both Māori and Pākehā, here we are, 132 years later, with the Government still refusing to provide redress for the theft of Kaharau.
In the light of all this, I regret to remind the House that an apology and a return of less than 3 percent of the claim value pepper-potted throughout the tribal homeland of Te Rōroa will simply not suffice. I do not expect Te Rōroa to put off current arrangements in pursuit of a more just settlement. Te Rōroa have waited long enough. At the first hearing of this claim, the late Māori Marsden said: “We the living are the whatu-ora, the living, seeing eyes of our sleeping ancestors. We are ngā tukutukungā-iho, literally those that follow on.” The Māori Party recognises the courage, the commitment, the advocacy, the dedication, and the sheer bloody-minded determination of the whānau, who have been in negotiation for the last 15 years since the findings of the Waitangi Tribunal in 1992. We stand alongside Te Rōroa in watching over the process of the legislation being tabled today, as we will also stand alongside those who follow on—those who will follow this process until justice has finally been done. Kia ora tātou katoa.
JUDY TURNER (Deputy Leader—United Future)
: I rise on behalf of United Future to speak on the first reading of Te Rōroa Claims Settlement Bill. I need to say from the beginning that United Future does not enjoy representation on the select committee that will be hearing submissions on this bill, so we will be looking for ongoing guidance and advice from committee members on this matter. We also understand that by the time a settlement bill reaches this House, a lot of hard work has been done, and a lot of negotiations have gone on for years and years involving some very remarkable people. We support and congratulate them on the efforts they have taken to bring us to this place.
Firstly, the bill identifies those who are able to identify themselves as Te Rōroa, today and historically. It is a final settlement of historical claims where those claims are breaches of the Treaty and breaches of common law. I think that many Pākehā people often fail to understand that these settlement claims are not just about breaches of the Treaty, but they are also about breaches of common law as we understand it, and that is why this process is so important.
This settlement bill contains six acknowledgments by the Crown. Firstly, the Crown acknowledges the failure to be responsive to historical complaints for generation after generation. Secondly, in this bill, the Crown acknowledges the poor process that led to the cession of land. Also, it acknowledges the taking possession of land without having done a proper survey of it; the undermining of the collective ownership of iwi land; the reduction of land resources due to Crown action, and Crown inaction, that impoverished these people; and the separation of these people from wāhi tapu and from their precious and sacred taonga. As well, the bill sets out a formal apology from the Crown for breaches of the Treaty and it expresses the Crown’s desire to atone for this.
What is interesting in this bill is the fact that it has some very forward-looking provisions that establish a process by which protocols can be established into the future to ensure a better interface between Government departments and the trustees of the Te Rōroa Manua Whenua Trust. It sees 15 properties of cultural significance vested in the trustees of the trust and nine forest properties that are also of significance vested in the trust.
Provisions are included to make sure that traditional cultural values are clearly defined and enshrined in an agreed upon set of principles that guide and constrain the management styles of the Waipoua Forest and two statutory reserves. This also includes a requirement to consult on consent applications. There are also, as is common with settlement bills, some place names that are either amended or assigned at the request of the people who bring this bill before us today. United Future is very happy to support the first reading of this bill and we look forward to its ongoing passage.
Hon DOVER SAMUELS (Minister of State)
: I am always amazed when Māori issues come before the House at how remarkable the debate becomes. When I listen to the contributions of my Māori colleagues I wonder whether the Māori Wars have actually passed. Are we still involved in that kind of warfare? I certainly hope we do not blame Te Rōroa for the kind of warfare that may go on between us Māori colleagues. It is remarkable indeed when I hear my friend the Hon Mark Burton being referred to as the doctor. Some people might say he is a witch doctor, but never mind about that; he was referred to as the doctor, and if he accepts that promotion, kei te pai.
Then, of course, my whanaunga on the other side Tau Henare apologised to our whānau Te Rōroa that he had his back turned to them. Well, sometimes one does not recognise which is one’s front and which is one’s back. The reality is that he is sitting on the other side of the House, which shows us very clearly that he is on the wrong side. For me, I am addressing our whānau from Te Rōroa kanohi ki te kanohi—eyeball to eyeball—and there they are before us. I have no problems with that, at all.
It is always remarkable when we are talking about Māori issues that we do not stray off the issues, the subject, and the wairua of the bills that we are here to debate.
Ko te mea nui kē ki ahau i tēnei wā, kei te mihi atu ki a koutou ngā whānau. Kei te maumahara ki tēnā o ngā kaumātua a Ned, tō tātou rangatira. I te wā i a ia e tū mataara ana, e hautū ana, e hāpai ana i tēnei kaupapa. Ko ia, rātou katoa ētahi o ngā rangatira o ngā whānau me ngā kuikuia kua huri atu ki muri o te ārai. Ko rātou ngā kaipoipoi o tēnei kaupapa, kore rātou e warewaretia e tātou. Nō reira, koutou ngā rangatira kua whetūrangitia, moe mai, moe mai, moe mai, moe mai i roto i te ringa kaha o tō tātou Kaihanga.
Ngā mihi hoki katoa ki a Hāmi, tēnei o ngā whanaunga, e Pita nāu nei te mihi aroha ki a ia, e mighty Alex, tēnā kōrua. Tēnā kōrua me ngā tūāhine, me ngā whaea kia kaha, kia manawanui mai. Kite atu ana au ki a koutou e katakata mai ana, e whakamīharo ana ki ngā whakawhitiwhititanga kōrero i roto o tēnei Whare hurihuri. Nō reira, kei te mihi whānui atu ki a koutou katoa
- [An interpretation in English was given to the House.]
[The significant thing for me at this time is to greet you, the families. I think about our chief and elder Ned when he was alive. He drove and carried this matter. He has passed on as have other elders, womenfolk, and chiefs of the families who nurtured this matter. They will not be forgotten. And so to you who have crossed the divide, sleep, slumber, rest there in the powerful hand of the Creator.
Acknowledgments also to this one of the relatives Hāmi; Pita, you mentioned him in your tribute; you too, mighty Alex, greetings to you two and to the sisters, aunties, be strong and stout hearted. I noticed how the exchanges in this House amused and awed you. And so a huge tribute to you all.]
It is important that we focus on the event and the bill before us and on the need to progress the discussions in terms of the wairua and the spirit in which the deed has been put together. Let me say at the outset that there is no way in the world that we can compensate Te Rōroa for the injustice and the hurt put upon them. I think we recognise all that in this Parliament. There is no way in the world that we can compensate. There is no way in the world that apologies will be able to take the place of the injustice and the hurt that has been made to our people. When this Parliament starts saying that the Crown will apologise, that we will compensate with land that may be available, and that we will give back to our people tino rangatiratanga in the way they know how to administer their fisheries, their lands, and their forests, it must say that in all humbleness, because that is not true justice.
If, in fact, those types of injustices happened today, in this civilised society, I wonder what our so-called lawyers would be saying in regard to some form of compensation? Let us think about it. If those injustices took place now—if thousands of tracts of lands were stolen and people were killed or murdered in terms of the acquisition of those lands—what, really, would be the penalty, the compensation, in today’s terms? I put forward the challenge to members of this House that no constitution or law would be competent in terms of analysing and putting forward an answer to that scenario I have just painted. The difference is that it is not happening now—but it happened some time ago, and it certainly happened to the whānau and hapū of Te Rōroa. Let me say again that we can never compensate for the injustices that affected our whānau of Te Rōroa.
But Te Rōroa have generosity of spirit and wairua. One of the icons we have in Tai Tokerau—and in Northland and New Zealand—is the Waipoua Forest. In terms of my portfolio as Associate Minister of Tourism let me say that thousands and thousands of people from all parts of the world visit Waipoua Forest, and they stand before the majesty of Tāne Māhuta amazed and in awe. They look at the beauty of that forest and
they get shown it and told stories by the people who have a relationship with that forest, such as Te Rōroa. Those visitors go away with a memory they will never ever forget. I acknowledge that even though this bill gives back the fee simple ownership to the people of Te Rōroa, they never really relinquished their mana over their ngahere. Yet they have opened the doors to and the tracks of that icon to the people of the world. Day after day, week after week, buses bring our manuhiri from all parts of the planet to view Waipoua Forest and Tāne Māhuta. This is the type of generosity that I am speaking about.
I do not want to take too much time in regard to some of the peripherals that have been debated in this House, such as how many Treaty settlements have been made or who has made the Treaty settlements—whether it is National, the Māori Party, Mauri Pacific, or Labour, who cares? But once the issue comes before this House, lets us get on with it and acknowledge the truth, the pain, and the wairua of the people who were actually affected by those past events, because no money and no apology will be able to compensate for that. I want to make that very clear, because I believe that some people from all around this House think that because they get up and say they are sorry, that is adequate compensation. Well, I suggest to those people that they had better think again. Quite clearly, they are not in touch with the reality of the issues.
Hoi anō me mutu ake wāku nei wāhi pitopito nei i konei ki a tātou katoa ngā mema Māori, kei te tautoko atu i te whakatau o tēnei o ngā whānau, kei te mihi atu. Tātou katoa e mōhio ana, kei te maha rātou kua huri atu ki muri o te ārai, kei te haere tonu, kei te haere tonu, kei te tārewa tonu ētahi o ngā kaupapa, ngā kerēma, engari ko te mea nui, me whakakotahi tātou ō tātou whakaaro, o tahi kaupapa i raro o tēnei tono a tēnei o ō tātou whānau, hapū Te Rōroa. Nō reira, kei te mihi whānui atu ki a koutou katoa, tēnā koutou, tēnā koutou, kia ora mai anō tātou katoa.
- [An interpretation in English was given to the House.]
[However, I must end my little contributions to this debate here, and to all of us Māori members, I support the claim by this branch of the family and congratulate them. We all know that many have passed on and that this situation will continue, that some claims have been suspended, but the most important thing is for us to be united and of one mind in respect of this claim of one of our families and subtribe Te Rōroa. So I extend a huge greeting to you all: greetings, greetings and greetings to us all.]
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations)
: I apologise to my colleagues for interrupting the flow of the debate, but I am sure, given some of the comments made earlier, that members would not want to continue perpetuating inadvertently misleading the House. I therefore seek leave to table the list of 18 negotiations commenced since November 1999, when this Government took office. Eighteen mandates have been recognised, two of which have actually had complete negotiations through to settlement.
The ASSISTANT SPEAKER (Ann Hartley): Leave is sought to table that document. Is there any objection? There is objection.
CHRISTOPHER FINLAYSON (National)
: I want to say to Mr Samuels, who has just spoken in the debate, that I endorse much of what he said in his speech, and I can assure him that that is the spirit in which the Māori Affairs Committee will look at this bill. I can also assure him that there is a great deal of enthusiasm—as my friend Mr Henare would say: “Get on with the job.” Indeed, I think we have booked our flights to Dargaville for 4 April. So I can assure him that we are going to get on to it, notwithstanding that in the first reading speeches there is some discord. That is because some things need to be said about the Treaty settlements process. But we will certainly
work as a team on this legislation and get it back to the House, as the Minister has requested, within 3 months.
As my friends on the National Party side have said, we support the first reading of the Te Rōroa Claims Settlement Bill. It records acknowledgments and the apology given by the Crown in the 17 December 2005 deed of settlement, and gives effect to the deed of settlement, which is the final settlement itself. We will go through the legislation very carefully in the Māori Affairs Committee, cut to the chase, and get it back to the House.
I begin by offering my congratulations to the Minister in charge of Treaty of Waitangi Negotiations, Mark Burton, because until the Minister of Māori Affairs spoke I was unaware that Mark Burton had a doctorate. I am sure it is an honorary doctorate in prevarication and bewilderment, and I would be interested to know whether he will use the term part time as in Dr Jekyll, or full time as in Dr Cullen. Both terms are equally frightening.
I do need to say something about the history of the claim. I always enjoy Treaty settlement bills, because for one thing I find it is a very good historical exercise to go through the preamble and see the background to the claim. In the case of the Ngāti Mutunga claims settlement legislation, pretty horrific events in New Zealand’s past are recounted, and it shows the reason we need to have Treaty settlement legislation. But the history of the claim here is pretty unimpressive.
Between 1987 and 1990 the claims were lodged in the Waitangi Tribunal. I checked the records; it is Wai 38. But what is interesting is that the Ngāi Tahu claim was Wai 27. The deed of settlement for Ngāi Tahu was signed on 21 November 1997, the settlement legislation was pushed through the House under the Bolger and Shipley administrations, and Georgina te Heuheu was in the select committee overseeing the committee stages at that stage. So between 1987 and 1990 claims were lodged. The report was provided to the claimants and the Ministry of Māori Affairs on 3 April 1992. Then there were discussions through the 1990s.
Something seems to have gone wrong between 1999 and 2005, because negotiations seem to have been conducted at an absolute snail’s pace. Then on 17 December 2005 the deed of settlement was signed. In my opinion, that is a timetable, a chronology, that shows that very little energy and enthusiasm has gone into the resolution of this matter. That is partly why the Māori Affairs Committee will cut to the chase and really deal with this thing as quickly as it can, because that is what the people deserve.
Just the other day I was reading a speech given by Douglas Graham, a former Minister in charge of Treaty of Waitangi Negotiations, which was dated August 1997. That was in the good old days when we had a real Minister who was not a slave to process but a real leader, who was genuinely concerned to achieve just and durable settlements as quickly as possible. He outlined the background to how we got to the Treaty settlement process, then he said that sometimes people say that these things are all too hard and that we should just go back and play football.
I will read this great man’s speech for the record of the House: “It cannot be done. It just cannot be done. So we need patience and we need tolerance as a society. We need a maturity of outlook. We need to know what it is we are trying to do”—members should listen to this—“and a time frame hopefully showing how best to do it as best we can, with all the problems. And we have to understand and accept that this period, which appears divisive as people come up to speed on both sides, is difficult. Nobody doubts that. But it is a period that is divisive and it will end in the first decade of the next century and the next millennium. If—God willing—we can put the sadnesses of the past behind us, get Māori into development mode instead of grievance mode, they will no longer have to pass the grievance on to another generation yet again.”
In closing, Doug Graham expressed the hope that this country had more chance of resolving these matters fairly, quickly, and calmly than any other country in the world, as well. He said in conclusion: “But we have got to take that up, and there will be moments when you get very annoyed and angry and frustrated. So do I, because I’m the one who has to sell it. So if you get angry, multiply it by 10 and that is me. But I have got to say: ‘Look, I am not listening to that nonsense. What we want to do is get these things resolved and move ahead. That’s what we’re going to do. We’re not giving up when the going gets a bit tough, because that is the sign of a great political party.’ ”
I ask the House to compare that practical idealism from an outstanding New Zealander with the approach of this Minister, who is responsible for this legislation, and the shambles that the Government has got into in recent days over Whenuakite Station. It is simply unacceptable. I make a solemn commitment to all Māori and to this House that a Key administration will re-energise the settlement process and bring to it the same practical idealism of the National Party in the 1990s.
The Minister should be disgusted that it has taken this legislation so long to come back to the House. He cannot be impressed with what he has done, but we will get on to it. [Interruption] In the Minister’s 7 years, he and his predecessor should be disgusted with their lack of performance.
We support his legislation, but it needs to be noted that the performance of this Government is lamentable. We started the process, this Government has mucked around—and a Key administration is going to finish it properly.
SHANE JONES (Labour)
: Ā, tēnā koe e Whakahaere nei i ō tātou kōrero i roto i tēnei ahiahi. Me mihi anō ki ahau ki ngā huanga i ahu mai nei i roto o Waipoua, i roto i Te Rōroa, ki roto i Te Tai Tokerau, ka tau mai ki roto i tēnei Whare hei mātakitaki i tēnei pire e whāia haeretia ana i roto i ngā kokorutanga o te Whare nei. Nā reira, e te whānau nau mai, piki mai, kake mai, haere mai.
- [An interpretation in English was given to the House.]
[So greetings to you, Madam Speaker, in our debate this afternoon. Of course I must also acknowledge the relatives who came here from within Waipoua, Te Rōroa, and North Auckland to this House to observe this bill being bandied about in the nooks and crannies of this House. So to you, the family, welcome, clamber up, draw up, welcome.]
Given that these discussions sit upon the pages that record our nation’s history in this legislature, first I want to name Mr Ned Nathan, who is a fantastic, celebrated member of the Māori Battalion. He was severely wounded on the island of Crete and was cared for by the partisans and eventually married off to a Cretan woman belonging to the family who saved this great leader of the Tai Tokerau. He was a man who was present at and witnessed the death of the greatest Ngāpuhi warrior ever in World War I and World II, Harding Leaf.
I want that man’s name, Mr Eruera Nathan, to be mentioned, because he retired back to Northland in his senior years and took up the challenge left behind by his grandmother Pīpīwharauroa and the elders of the Te Rōroa tribe, who had all drifted off into the mist. He decided he would make it his life’s work to settle the historic grievances surrounding the Waipoua Forest and two particularly important sacred sites, Whāngaiariki and Manuwhētai, which lie under the shadow of the ancestral mountain of Maunganui located on the west coast of Tai Tokerau. We need to recite our history when we affirm the qualities underlying our settlements, so that children in the future are able to bear witness to the fact that this generation sought to do the best it could to honour the aspirations of the people gone on.
I mentioned two sacred sites, Manuwhētai and Whāngaiariki. They had the misfortune of being located in property that at one time was owned by Mr Allan Titford.
I take us back to the late 1980s when the Labour Government of that time wrestled with how to protect those sites that had disappeared into private ownership. I, my own mentor—my whanaunga Hone Harawira—and Reverend Māori Marsden went with the Te Rōroa people and blessed a pouwhenua, which was really a signifier of history, and the affection with which the elders of Te Rōroa regarded those two sites. Unfortunately, that pouwhenua fell victim to vandalism.
But I recall very clearly that when the pouwhenua was put in the ground, the lizards, the caretakers in Māori lore of that which is sacred, came out of the ground. In addition to that, this settlement, as my colleague Mr Dover Samuels has said, will never completely erase the sense of sadness and grievance, because this generation is fiscally incapable of redeeming the entire bill of colonisation. But Te Rōroa live in an area that has grown in significance as we as a country treat more carefully and respectfully our scarce resources. I refer here to the Waipoua Forest, which holds the taniwha rākau, the great kauri trees, remnants of a fantastic past that Aotearoa saw. Those attract visitors from afar, and they also attract many New Zealanders.
So this claim as it is settled cannot and must not be conceived just in fiscal terms. It implants the name of Te Rōroa on the faces of our formal written history. It recognises their ancestral connections, and it leaves them with a small and, hopefully, carefully husbanded resource of $9 million to $10 million with associated concessions, so that they can take this taonga, this pūtea, and grow a base that will allow this small tribe to grow in pride, rekindle its culture, and recover its history, because Māori history is located in great spades in the area of Te Rōroa. We, the northern members of this House—including my whanaunga there, Tau Henare—descend from the eponymous ancestor, Tōhē. Tōhē gave his name to Ninety Mile Beach—Te Oneroa-a-Tōhē—and he perished at Maringinoa, slightly north of Maunganui Bluff. These areas are within the ambit of the Te Rōroa claim, and it is pleasing to see that heritage, respect for history, and a desire to bolster identity by affirming the qualities that cannot be captured with money, lie at the core of this claim. That work will outlive us, the current members of this House. That is what makes Treaty settlements worthwhile doing, beyond the inevitable squabbles about the adequacy of land and the sufficiency of money.
Te Rōroa derive their name from a saying: anō rā te rōroa o ngā koroi i te kahikatea—there lies the length of the koroī and the kahikatea—a people who were hardy, pursued by their Ngāpuhi relations and their Ngāti Whātua relations. Indeed, the greatest battle between the Ngāpuhi tribe and the Ngāti Whātua tribe, prior to the arrival of muskets, was at Mōremonui, the site where the Te Rōroa people are currently based. On one side Taohō, the undisputed leader of Ngāti Whātua, and on the other, Dover’s mātua, Hongi Hika and Hongi Hika’s father and uncles. This is the stuff of which New Zealand’s indigenous identity is made. It should be recited and recollected as we move forward—not only as we put the settlements into place and our history behind us, but as we celebrate that history, so that the new identity of Te Rōroa is something that enriches the overall identity of Aotearoa.
I commend the work that will be done by the select committee. I hope they go where I went with Doug Kidd in 1991, when this report was actually issued. I had only just returned from the Kennedy School in the United States when Doug Kidd asked me to go along with him for the presentation of the report to the Te Rōroa people—where our kaumātua Lovey Te Rore had a heart attack by the front door. He was rescued, inevitably, by one of the medical students there. These are the things of our history.
In addition, it is sad and there are areas for improvement because our settlements are taking far too long. They take too long because of the difficulties of mandate on our Māori side, and also because we need to find a more efficient way of using the resources of not only the iwi but the Government itself. When Treaty settlements
compete for resources there is an inevitable compromise. However, ka nui ēnei kōrero mō tēnei wā.
[This is enough for now.]
I stand to acknowledge the work of the Te Rōroa people, few though they may be, and all of the elders who initiated this work who have now gone on. I wish to the mokopuna and the tamariki, “God speed.” Kia ora tātou katoa.
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations)
: I move,
That the Te Rōroa Claims Settlement Bill be
considered by the Māori Affairs Committeereferred to Māori Affairs Committee