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Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill — Third Reading


Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill

Third Reading

Hon TARIANA TURIA (Minister for the Community and Voluntary Sector) on behalf of the Minister for Treaty of Waitangi Negotiations: I move, That the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill be now read a third time. Hauraki, Ngāti Maniapoto, Ngāti Raukawa, Waikato, tēnā koutou, tēnā koutou, tēnā tātou katoa. E rere kau mai te awa nui mai i te Kāhui Maunga ki Tangaroa; ko au te awa, ko te awa ko au. Nā tēnei kaupapa, nā tēnei wānanga ka puta mai te kōrero, ko ngā wai honohono i te pō ki Parikino, tēnā tātou. Nō reira, kei te Kaihautū me ngā mema Pāremata, tēnā tātou katoa.

[The great ancestral river flows from the cluster of mountains to the sea; I am the river, and the river is me. From this philosophy and occult science emerged the saying, the binding waters from the darkness to Parikino, greetings to us. Therefore, Mr Speaker, and members of Parliament, greetings to us all.]

My river, Whanganui, connects me to the famous proverb “I am the river and the river is me”. Her origin—Te Kāhui Maunga, the family of mountains—is also the origin of the Waikato River. That connection is a matapihi, the component that links the third reading of this bill to something preordained and succinctly outlined in the phrase uttered by my kuia: “Ko ngā wai honohono i te pō tēnā.”

This is a most auspicious day in this Parliament, and we are honoured with the presence of Te Arikinui Tā Kīngi Tuheitia, Te Whare o Te Kāhui Ariki, and the tribal peoples of Waikato-Tainui. In their presence, we are connected to a noble line of leaders who have striven for the river to be restored to its former health and well-being. We pay tribute to the leadership and vision of Kīngi Pōtatau Te Wherowhero, Kīngi Tāwhiao, Kīngi Māhuta, Kīngi Te Rata, Kīngi Korokī, and the beloved Te Arikinui Dame Te Atairangikaahu. The ancestors have laid a pathway for the people to follow, and it is a pathway that is honoured in this settlement. I am reminded of the words of the late Sir Robert Te Kotahi Māhuta when talking about the river: “It is a gift left to us by our ancestors and we believe we have a duty to protect that gift for future generations.” We pay our respects to those of Te Whare o Te Kāhui Ariki, and today we think particularly of the legacy of the late Lady Raihā Māhuta, who, along with co-negotiator Tukoroirangi Morgan, played such a distinctive role in the efforts to restore and protect the Waikato River environment.

The Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill fulfils the aspirations of the people to protect the gift of their awa for future generations. A special feature of the settlement is that in seeking to protect the Waikato River, Waikato-Tainui have established an impressive precedent in the form of a co-governance entity and subsequent arrangements. I have every confidence that the co-management approach, which has been reviewed and refined over the last 2 years, will provide a vital context for other river settlements. The co-governance approach will usher in a new era of resource management in which accredited commissioners appointed by Waikato-Tainui, Ngāti Raukawa, Ngāti Tūwharetoa, Ngāti Maniapoto, and Te Arawa river iwi will be appointed to Waikato Regional Council hearing committees and boards of inquiry for applications for resource consent.

The enhanced model represents a significant shift from six statutory boards to a single co-governance entity, the Waikato River Authority. It is an inherently positive approach. The authority comprises equal numbers of Crown and iwi-appointed members, with care taken to include other iwi with interests along the river. Iwi and the Crown will sit together at the table overseeing the management of the health and well-being of the river. It is as it should be, and it is a sign of things to come.

The authority will have a pivotal role in monitoring the implementation of Te Ture Whaimana, which is a direction towards the development of the vision and strategy. Another key aspect of the settlement is the $210 million clean-up fund, which we know to be vital to the economic, environmental, and recreational progress of the area. We know that a narrow, reductionist approach to activities on the river has led to the degradation of the waterways. It is so pleasing that this bill provides the investment to support the iwi in meeting their kaitiakitanga obligations in caring for their puna wai, roto, and awa. The authority will administer a contestable fund that will be available to iwi, local authorities, landowners, and others for initiatives to clean up the river.

The challenge for iwi throughout Aotearoa is to ensure that w’ānau, hapū, and iwi are empowered to implement their aspirations to be fully involved in the management of the awa. A distinctive aspect of the settlement is the importance placed on two fundamental principles that represent the essence of the awa and the essence of the people. The settlement promotes the concepts of te mana o te awa, which is respect for the tupuna awa, and manaw’akahaere, which is the exercise of control, access, and management of the river and its resources in accordance with tikanga. These concepts are extended in provisions that recognise and provide for the exercise of customary activities by members of Waikato-Tainui. Iwi members are also authorised to harvest flora material for cultural purposes in accordance with a plan to be agreed to with the Director-General of Conservation.

The span of the claims for raupatu in the rohe of Waikato-Tainui stretches out beyond 120 years of New Zealand history. Its story is punctuated at one end by Kīngi Tāwhiao leading a delegation to visit Queen Victoria in 1884, and at the other end by the deed of settlement signed in 1995. The search for justice and redress is rewarded today with a settlement that rightly returns iwi to a governance role in respect of their rivers. Again, I return to Sir Robert’s vision: “The river belongs to us just as we belong to the river. The Waikato tribe and the river are inseparable.”

Today is a tribute to te Kauhanganui, Te Arataura, and the representatives of more than 50 marae that have so much invested in the success of this settlement. I also acknowledge the commitment and support of the members of the Māori Affairs Committee in their work on this bill. This bill is a means of settling a longstanding Treaty grievance, but fundamentally it is about establishing a robust basis for a productive and dynamic ongoing Treaty relationship with Waikato-Tainui. At the very heart of the relationship is a focus on the health and well-being of the awa and its tributaries. This is a vision of the iwi, but it is shared by Environment Waikato. It is the ambition of all key stakeholders that there be an integrated, holistic, and coordinated approach to the natural, physical, cultural, and historic resources of the Waikato River. I am immensely proud to be part of a Parliament that is providing an opportunity for everyone to unite for the single purpose of restoring and protecting the health and well-being of this river. Kotahi te kōhao o te ngira e kuhuna ai te miro mā, te miro pango, te miro whero.

[There is but one eye of the needle through which the white, black, and red threads must pass.]

Waikato-Tainui are to be commended for their leadership in protecting the unique life-force of their river in the interests of generations to come. My other river, Whangaehu, starts at Te Wai-a-moe on Ruapehu and cascades down to Nukuhau, the beginning of Waikato-iti. Today my relatives of Ruapehu have gone to the Waikato-iti to pray and to acknowledge the third reading of this bill so that the Waikato at the pūwaha will one day be as clean as it is at the foot of Ruapehu. I join with them all, in spirit and in deed, in extending our deepest blessings to all of Waikato-Tainui descent at this turning point in their tribal history. Tēnā koutou, tēnā koutou, tēnā tātou katoa.

Hon PAREKURA HOROMIA (Labour—Ikaroa-Rāwhiti) : Ki te Kīngi Tuheitia me tō ahurei, e mihi ana. Tēnā koutou mō tō kaha ki te tae ake ki konei, ki a koutou o te Kīngitanga, Tainui whānui. Me koutou o Raukawa, Maniapoto, Ngāti Tūwharetoa, Te Arawa tēnā koutou. Nā te mea i roto i wētahi o tātau ngā kanohi Māori i konei, kua tae ake te wā mō te otinga o tēnei tino take. Mai i te pakopako o ngā pū o te Kāwana, mai i ngā heke, ngā neke, ngā piki, ngā āhua katoa, e mau matatau i a koutou o Tainui ki tērā. Nā te pai hoki o te pire nei e tae tahi anō, e noho tahi atu te iwi ki te taha o rātau e tuku ture mō te āhua o te awa nei. E mihi kau ana ki a koe e Koro, e Michael tēnā koutou. E Tuku ka nui te mihi. I tō tātau Minita Māori e Pita e mihi kau ana. Ki a koe Chris tēnā koe. E tautoko atu te nui o ngā kōrero e kōrero a Tariana mō te āhua o te kerēme nei. E mōhio atu tātau te pakaritanga i roto i a Bub, a Te Kotahi, i a rātau mā ā muri rā. I tae tahi atu tātau i konei hei whakaae, ahakoa i reira kē tētahi rōpū e kāre e whakaae.

[King Tuheitia and your entourage, I acknowledge you. I commend you, the King movement and Tainui at large, on your efforts to get here, as well as you of Raukawa, Maniapoto, Ngāti Tūwharetoa, and Te Arawa; well done. There are Māori members in our midst today who feel that the time to settle this important matter has arrived. Tainui, you are very much aware that since the time when the Governor fired the muskets, there have been many trials and tribulations, setbacks, ups and downs, and everything that was to happen has taken place. You saw all that. What is good about this bill is that the people have been able to get alongside others to create a bill that will look after the river. I acknowledge your part in this, Koro Wētere, Dr Michael Cullen, and Tuku Morgan. I applaud your efforts. I also commend our Minister of Māori Affairs, the Hon Dr Pita Sharples and the Minister, the Hon Chris Finlayson. I support the majority of what the Hon Tariana Turia said about this claim. We are very much aware how Bub, Sir Robert Te Kotahi Mahuta, and others back then who followed after him, worked hard. So we have arrived here together to endorse this bill, even though one party opposes it.]

For the first time Tainui has been included in the management of the awa—the river. It is historic and poignant, because Tainui has never before at any time been part of the river’s management or clearly involved in the decision making. The passageway for travel, the waterway to carry their goods for bartering and exchange, is certainly what they have lived and have imbued in their history. Ironically, it was along the same passageway that the soldiers attacked Tainui. As my colleague Tariana Turia said, it is an honour to be here today to ensure that those sins and ills of the past are put aside, and that that is recognised. There is a host of examples where the iwi opinion has never been considered—for example, the power station, and other issues relating to buildings along the awa. Today, we will put that aside.

I certainly recognise the Minister for Treaty of Waitangi Negotiations, Chris Finlayson, for his efforts, and I recognise especially my former colleague Dr Michael Cullen, the Minister of Māori Affairs, and also Koro Wētere, who is here today.

Nā kē ngā kōrero o Kotahi. Nō tātau te awa, nō te awa tātau. He taonga tuku iho nā ngā tūpuna taua taonga mō ngā uri whakatupu. E kore e taea te wehe te iwi o Waikato me te awa. E whakapono ana mātau, ko tā mātau he tiaki. Ki a Waikato-Tainui, he tūpuna te awa o Waikato, e mau ana te mana, te mauri, me te kaha o te iwi. He mauri motuhake tō te awa. He wairua ake tōna, he tuakiri tino kaha, he mauri tuatahi, e kore e wehea.

[This is what Te Kotahi said. The river is ours, and we are of the river. It is a treasure handed down by the ancestors for the coming generations. The people of Waikato and the river are inseparable. We firmly believe that our role is to look after it. To Waikato-Tainui, the Waikato River is an ancestor that holds the status, life-force, and strength of the people. The river has a unique life-force. It has its own spirit, a real, powerful identity, anda unique life-force. All are inseparable.]

Words have been spoken in the treasured language of Tainui. Certainly, all of those people have been on the journey right from the time of Pōtatau Te Wherowhero Tāwhaio. It is important to say at this time, just in case I forget, that the king’s role is inherited, and it is important in relation to all the actions that will pervade the development of this settlement that that is taken cognisance of. He is not there just as a figurehead, but we can build up his role in a way to ensure that his say is real and not just platitudes of thanks.

Regarding te mana o te awa, to Waikato-Tainui the Waikato River is a tipuna—ancestor—which has mana and prestige and, in turn, represents the mana and mauri, life-force, of the tribe. The river has its own mauri, its own spiritual energy, and its own powerful identity. It is a single indivisible being. I know that partners, whether they be local authorities, environmental groups, or other organisations, have struggled to understand, appreciate, or even accept that. Today is a day of acceptance. Today is historic in this country. We should relish what has certainly taken a great effort to put together. Respect for te mana o te awa—the spiritual authority—in order to protect the power and prestige of the Waikato River is at the heart of the relationship between the tribe and the ancestral river. Waikato-Tainui regard their river with reverence and love. This is a simple issue about love—non-sensual, but very strong in its meaning.

I can recall the days when Robert Māhuta came here in a big station wagon, with a mattress in the back, and the people would bring their kai in a bin. They would come down and try to convince those dastardly Ministers about what should be corrected. They have moved on now. I commend Te Kauhanganui and Tainui Group Holdings, and all of those groupings in Tainui that matter, like Te Arataura—he mihi atu ki a rātou. It is a real irony that we have got this far. It is great that we can celebrate.

I want to mihi to Raihā. I was there the day when they put all the white seats out in front of Waihī, and the lady tō tātou Te Arikinui Te Atairangikaahu named her as her spokesperson. I could hear this bit of a kikokiko with the Tainui people, but most were all right. I can see two of them up in the gallery now. I say to them that it was the right thing to do. I am sorry that Raihā is not here, but I know that she would not want us to be sad. She would want us to celebrate this great day, and that is what we intend to do. That is what we intend to do.

There is a host of detail in the bill. It is well read, it is well spoken, but there are simple things that we have to remind ourselves of. If this nation is serious about nationhood, if it is serious about giving Māori a better shot, then certainly we have to get into cooperation like this. There is nothing to be afraid of.

I commend the iwi and Māori for coming to the table, because that is not easy. For those who are scaremongering and saying that this bill will create incessant pain, I say: “Go jump.”, because they are not right. That is a disgrace.

The Labour Party will support this bill and will ensure that it goes through. I ask the ACT Party to reconsider its stance, even at this late call. I tell Mr Garrett that it would take a brave party—and a brave person, seeing that he is here by himself—to disagree! This bill is not hocus-pocus, as his leader has said. It is about real nationhood, going forward. This bill is about thinking about this country, about all New Zealanders, and also it is about Māori standing up after they have been pillaged, plundered, and debauched. At the end of the day, that is what today is about—a celebration. We need to do that.

We could go on to the details in the bill, but, in summary, I want to recognise Raihā and Tukoroirangi Morgan, because there is nothing like being a great leader in Māoridom. They say: “You count the knives in your backs.” That is why most Māori members in this Parliament have that. Mihi kau ana ki tō tātau kaiwhakahaere a Tau. To Tau and my colleagues on the Māori Affairs Committee, I say: “We have done a not bad job.” I mihi to them.

Labour will support this bill. Michael Cullen has led us to this point in more modern times. We give Tainui our best wishes, but we want to remember that this is a model in contemporary times that can solve a whole lot of issues. The rubbish talked about Māori not knowing where they want to go, and about them all being bad, mad, and sad, comes to an end with this sort of thing.

I say to those mischief-makers on the other side that Tainui is going forward commercially, it is going forward culturally, and it has a king and a leader. I say to colleagues on the other side of the House that making sure that he is safe is an integral part of this journey forward. This is a great day to celebrate. This is historic and we are really, really thankful that we are here. Kia ora tātou.

I mihi to my colleague Nanaia Mahuta for the effort that she has put in, to Mita Ririnui, to Shane Jones—I was going to say “to me”, but I had better not.

E mihi kau ana ki a koe te Kīngi Tuheitia, ki a koutou o Tainui whānui, kia kaha, kia māia. Ki a koutou e Shane, ngā kaituhi, ngā kaimahi, e Koro, koutou e mahi atu ngā mahi e mōhio atu te mamae o te hīkoi pēnei tonu, kua tae atu te wā hei oti pai. Kia ora tātau.

[I acknowledge you, King Tuheitia and you of Tainui at large; be strong and steadfast. Acknowledgments to you, as well, Shane, the secretariat, officials, and Koro, all of you who experienced the trials and tribulations of a journey such as this one, and now the time to settle it well has arrived. Greetings to us.]

Hon TAU HENARE (National) : Māku anō e hanga tōku nei Whare. Ko ngā pou o roto he māhoe, he pātete. Ko te tāhuhu he hīnau. He whakatupu ki te hua o te rengarenga me whakapakari ki te hua o te kawariki.

[I shall fashion my own house. The pillars inside will be of māhoe and pātete, and the ridgepole of hīnau. Those who inhabit the house will be raised on rengarenga, and nurtured on kawariki.]

It is fitting that I begin my kōrero today with the vision that King Tāwhiao left for his people. It is a vision that constructs the foundation from which the tribe Waikato-Tainui continues to build its capacity. Māku anō e hanga tōku nei Whare. That means “I shall build my house. That statement, although simple to comprehend, is only one part of Tāwhiao’s bequest to his people. He not only challenged them to build their own whare but also said to do it from the lesser-known timbers of the forest. To comprehend his vision in its entirety, one must have an understanding of the tribe’s raupatu. Inevitably, they are all on roads that lead directly to the steps of this Parliament today.

Firstly, I want to digress to acknowledge the many people who have made the journey to be with us today. We have been able to accommodate some very fine-looking people here in the public gallery. They have come to witness and celebrate the third reading of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill with the people of Waikato. I sense that the numbers in the Grand Hall outnumber the people above us in the gallery. I acknowledge their presence here at Parliament today, along with those who are watching through television and listening via our iwi radio networks. I also digress to acknowledge the Hon Michael Cullen, who is here, for his sterling effort in the previous Government, the late Raihā Māhuta, and my very own brother-in-law Tuku Morgan.

It is said that Tāwhiao held his kingship through the most turbulent era of Māori-Pākehā relations. He was appointed to the throne in 1863 on succession to his father Pōtatau te Wherowhero, and 2 years into his reign legislation was passed that provided for military settlements to be established on confiscated land. I want to pause to point out that it is no coincidence that in building their own whare, Waikato-Tainui have sited their tribal hub amidst the former military settlement that was confiscated from them under the 1865 legislation. Provoked by British advances to go to war, Waikato were unjustly branded as rebels. Under the 1865 legislation, they lost more than 1.2 million acres of their own land. This act of confiscation became known to Waikato-Tainui as raupatu. Rendered virtually landless, the economic, social, and cultural impacts of that placed Waikato at their most vulnerable point in time.

My job is not to reiterate a history lesson as we ascend to this third reading, but to emphasise the vision of Tāwhiao, and, in particular, to put some context around his bequest to his people to build their own capacity. The challenge to develop that capacity was founded on their cultural vision and values. He wanted them to be strategic with innovation and have the propriety required in an evolving political environment. This brings me back to where we are today: witnessing the third reading. The bill of Waikato-Tainui, in seeking recognition of the unique relationship they have with the Waikato River, is testimony to Tāwhiao’s vision. The bill’s acknowledgment of te mana o te awa and the recognition of Waikato-Tainui manawhakahaere is a first for this House, this country, and—dare I say it—the world. Simply put, to Waikato-Tainui the river is a living ancestor. The concept of an ancestor river, unfamiliar to Pākehā, is central to Waikato belief. That river is a representation of the tribe’s spiritual authority and power, and it harbours the life-force of its people. The river has its own mana and, although some may grapple—and I am sure they do—with that concept, to protect that mana is crucial to its future health and well-being.

The tribe has provided an archive of historical responsibility exampling the statements from kaumātua and kuia further supporting the belief that the river has always been a source of sustenance, healing, comfort, and hope. The relationship that Waikato-Tainui has with its river is unquestionable. I am pleased that the Crown, our Government, and the Opposition are formally recognising that unique and special relationship through this bill. I acknowledge those kaumātua and kuia who are here with us today. This is a celebration of their toil. I especially say to the rangatahi to celebrate this relationship always and recognise the role they will play as kaitiaki.

E te Kīngi Tuheitia me tō whānau hoki, [Kīngi Tuheitia, and his family as well] I welcome him to share this forum with us and to take his seat in our House, which was built by Parliament and the people of New Zealand. I look forward to the continued realisation of King Tāwhiao’s vision for his people as we continue to build our House here and as King Tuheitia continues to build his house in Tainui.

Nō reira e te Whare, e te Kīngi, e Tainui Waka, a tēnā koutou, a tēnā koutou. Ka nui te aroha, ka nui te mihi ki a koutou ngā mōrehu o ngā hau e whā; tēnā koutou, tēnā koutou katoa.

[So to the House, the King, and Tainui Waka, I acknowledge and greet you. There is much love and acknowledgment to you, the survivors of the four winds; greetings, salutations, and acknowledgments to you all.]

Hon MARYAN STREET (Labour) : E Te Arikinui Kīngi Tuheitia, tēnei te mihi ki a koe. E Te Kāhui Ariki, e Tainui nui tonu, nau mai, haere mai. Tēnā koutou, tēnā koutou, tēnā koutou katoa.

[To the paramount chief, Kīngi Tuheitia, I greet you. To members of the King movement and Tainui at large, welcome, welcome. Greetings, salutations, and acknowledgments to you all.]

I acknowledge Lady Raihā Māhuta. Arohanui ki a koe, I say to Nanaia. As the first Pākehā to rise to speak in the third reading of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill, my speech may seem to be a little pedestrian, but let us make no mistake: although I cannot imitate the humour of my matua Parekura Horomia, I have the heart to support this very important legislation. Let us make no mistake: it is as important to Pākehā as it is to te whānui Tainui. I recognise another matua, Koro Wētere. Tēnei te mihi ki a koe, I say to Koro. I acknowledge also Tukoroirangi Morgan and his presence in the Chamber this afternoon. I have another special matua who is also in this Chamber, and that is Dr Michael Cullen. It is a great delight to look across these benches and see again his wise face here this afternoon.

I pay tribute to all those who have worked and waited for this settlement. The initial settlement with Waikato-Tainui was signed by Michael Cullen on behalf of the Crown in August 2008. In this legislation we have something that is unique to Aotearoa New Zealand, and something that I hope can be taken further, as new arrangements, new settlements, and new ways of doing things are forged not only in this generation but in the next.

I want to quote from the legislation, because I am so struck by the way that it is framed up. I have a very strong sense as a Pākehā of Aotearoa New Zealand identity in this legislation. I want to read something that I identify with as a Pākehā member of Parliament; it is from Part 2 of the legislation. It simply says: “The Waikato River is our tupuna (ancestor) which has mana (spiritual authority and power) and in turn represents the mana and mauri (life force) of Waikato-Tainui. The Waikato River is a single indivisible being that flows from Te Taheke Hukahuka to Te Puuaha o Waikato (the mouth) and includes its waters, banks and beds (and all minerals under them) and its streams, waterways, tributaries, lakes, aquatic fisheries, vegetation, flood plains, wetlands, islands, springs, water column, airspace, and substratum as well as its metaphysical being. Our relationship with the Waikato River, and our respect for it, gives rise to our responsibilities to protect te mana o te Awa and to exercise our mana whakahaere in accordance with long established tikanga to ensure the wellbeing of the river. Our relationship with the river and our respect for it lies at the heart of our spiritual and physical wellbeing, and our tribal identity and culture.”

That statement means a great deal to Tainui. It means a great deal to me as a New Zealander, because here is something very significant printed in black and white in the law of our land. We have come to that point where we are able to recognise such things, to express them in their original language, and to credit them with legal status. And this is new. This is not simply an interpretation of Te Tiriti o Waitangi; this is about a new model of co-management of a waterway that is of enormous importance.

That leads me to the second piece that I wish to quote from the legislation. It is under clause 9, “Scope of vision and strategy”, below the heading “Te Ture Whaimana”. Clause 9(1) states: “The Waikato River and its contribution to New Zealand’s cultural, social, environmental, and economic wellbeing are of national importance.” The Waikato River is of importance to me, as a Pākehā, for all those reasons, as much as it is to Māori and to whānui Tainui for all of the antecedent reasons that they hold dear.

This legislation makes me feel very proud. Sometimes laws are passed in this Parliament that I am not proud of, but this is one that has, far and away, the majority support of members of Parliament. Although we have had some not very likable or respectful speeches in the course of the passage of this legislation, we are at the stage now when the vast majority of this House recognises the importance of the Waikato Awa, and its importance across almost everything that is important to human beings: our cultural, spiritual, physical, and economic well-being.

The co-management model that we have in this legislation is unique; by virtue of its very language it can be found only in this country. It cannot be found anywhere else in the world because of the language, because of te reo, and because of the antecedent history—the things that went before—and connection with the awa. The deed of settlement inside this legislation will allow for an unprecedented era of co-management of the river, and that co-management will take into account—because it is charged to do so by this legislation—the cultural, spiritual, physical, and economic well-being of Aotearoa New Zealand. This legislation is for all New Zealanders. There is no doubt that that wonderful river feeds some of the richest pasture and land in our country. Even if one were to take only an economic perspective, that would be reason enough to support this legislation. But there are many more reasons besides that.

So with all of my respect to the members of the Māori Affairs Committee, which has shepherded this legislation through the House, to those who, as I said earlier, have worked and waited for this, and to those who have passed on in the course of working and waiting, I pay a tribute, and I acknowledge what they have done. To those, particularly those here in the House, whose fingerprints are all over this legislation, I pay my respects. As a Pākehā member of Parliament I am proud and delighted to lend my support to, and to join with my colleagues and mātua here in the Labour Party in supporting, the third reading of this most significant legislation. Tēnā koutou, tēnā koutou. Kia ora koutou katoa.

DAVID CLENDON (Green) : Kei te mihi nui, kei te mihi aroha ki Te Arikinui te Kīngi, tēnā koe. Ki ngā rangatira mā, ngā kuia mā, ki te mana o te Kīngitanga, te mana o ngā hapū katoa o Waikato-Tainui, tēnā koutou, tēnā koutou, tēnā koutou katoa.

[A huge and loving greeting to you, paramount chief, the King. To the many chiefs and elderly womenfolk, to the sovereignty of the King movement, and the authority of all the subtribes, greetings, salutations, and acknowledgments to you all.]

It is a pleasure and a great privilege to stand for the Greens today, to speak to, and to acknowledge the work that has gone into, the Waikato-Tainui Rapuatu Claims (Waikato River) Settlement Bill, which will be passed today. I acknowledge the sense, the wisdom, and, overall, the commitment that has led to the celebration—because today is a celebration—that is emerging through the passing of this bill.

When Māori assert claims to be kaitiaki of a place, it is often seen as an assertion of a right. And indeed it is a right; kaitiaki have rights to places. But what is often overlooked is that it is also an acceptance of a very significant, absolute, and indeed unavoidable responsibility. I believe that it is that responsibility, that sense of duty, that drives iwi, hapū, and whānau to have the determination to maintain the claims, to maintain the effort, not just for years or decades but over generations. It is that sense of responsibility and duty to our land, to our rivers, to our mountains, and indeed to our whānau that maintains that energy, commitment, and determination, and I offer respect to that.

There is often confusion and, on occasion, even mockery of Māori spirituality—the fact that Māori acknowledge Papatūanuku and Ranginui. We talk of the mauri of a river. We populate our motu with atua, taniwha, and tūpuna. One may observe that as numbers of generations of non-Māori spend longer in this place, they in their turn develop a sense of place, a sense of the value of this place. It goes beyond the ascetic or the amenity, and gets closer to the spiritual attachment felt by indigenous peoples for their earth, their awa, their mountains, and their sky. It is to be hoped that this evolving awareness of the value of place and this place will lead to a better understanding and a greater support and recognition of the justice of the restitution that is signified by these settlements.

Today is an appropriate day to reflect on the language of the Crown apology within the deed of settlement in 1995. The Crown openly acknowledged that the military and the legislative confiscations of Waikato-Tainui land were simply wrong. It was wrong in Māori terms, it was wrong in British terms, and it was wrong in international law. The language of the apology included a statement that the confiscations have caused Waikato to the present time to suffer feelings in relation to their lost lands akin to those of orphans, and that they have had a crippling effect on the welfare, economy, and development of Waikato. I think the richness of that language reflects not only the damage to the spiritual well-being of people who had their place torn from them but also the fact that it completely destroyed a very viable existing economy, an economic base.

Māori in the Waikato and elsewhere in New Zealand in the 1860s, the mid-19th century, to some extent were victims of their own success. They adapted very quickly to new crops, to new means of producing food, and to meeting other needs of the new settlers. Although in some cases there was gratitude from settlers, it also led to avarice and to a determination to take those resources away. We know in this case that it led gunboats up the Waikato River.

Those who would criticise Māori today for being overrepresented in all the negative social statistics either do not know their history or simply choose to overlook that a highly effective, highly efficient economy based on the available resources, and with well-established use rights, was completely shattered through those years. That left Māori in a parlous state. Generations later, these settlements are steps towards restoring the capital base, the land base, that will enable Māori to rebuild on their own terms an economy that meets their cultural and economic needs, and that in turn will make massive contributions to the wider New Zealand economy.

The river, the awa, the taonga that is being returned today to Waikato-Tainui is in a degraded state. It must be said that the river, over many years, has been polluted with human waste, with trade waste, and with waste from agriculture. The water quality has been reduced by overuse. The water has been pumped to Auckland, which has offended both Waikato-Tainui and the hapū of Tāmaki-makau-rau. It is important to acknowledge that there has been a great lack of care and respect for this taonga, and that there is now a positive step towards restoring management, which will be coming from a sense of aroha, of caring—a sense of respect, care, and commitment to improving the status of that water.

During an earlier reading of this bill, I spoke of the strength and the power of the co-management model. I will not repeat what I said then, except to say that the co-management structure, the authority that has been established, represents a great generosity of spirit on the part of Waikato-Tainui, who could legitimately claim sole rights to manage and to utilise that treasure, that resource. It is that generosity of spirit, which is typical of most of, indeed all, the settlements, that has enabled Māori to be willing to compromise, to accept the realities of the 21st century, and to take back in good spirit and in good heart what is offered, and to make those arrangements with the Crown.

I do not wish to cloud what is undoubtedly a day to celebrate, but it must be acknowledged that the settlement process is still an imperfect and flawed process. It appears that in almost every case of settlement there is a rightful return of lands to people, but also there can be another confiscation of lands. The settlement process too often fails to recognise the rights of smaller iwi and hapū to their tino rangatiratanga, and to their kaitiakitanga, and fails to return land taken wrongfully, and often violently, to those from whom it was taken. The settlement process itself is in need of review in order to improve the redress and to avoid further breaches of the rights of those people.

But today indeed is a day of celebration. It is a day that demonstrates that New Zealanders, Māori and non-Māori, can come to these arrangements, can meet each other’s needs and requirements, and can acknowledge each other’s rights. In that sense I will finish my statement by again complimenting Waikato-Tainui, and indeed the Crown, the Government negotiators, and those who have committed time, intelligence, and energy to this process. Kia ora koutou. Tēnā koutou, tēnā koutou, tēnā koutou katoa.

DAVID GARRETT (ACT) : I rise on behalf of the only party to oppose this bill.

Hon Parekura Horomia: Shame on you.

DAVID GARRETT: It is a shame, I say to Mr Horomia, that he is not giving me the courtesy I gave him, which was to allow him to speak without interruption, although I was sorely tempted. But I thought I would show respect by not interrupting the member. It is very sad that Mr Horomia should take that attitude at the outset.

There will be those who will be offended by my speech—most notably, I suspect, my colleagues to my left. I would simply like to say that that is not intentional; I am not rising to give intentional offence. The ACT Party genuinely believes the contents of what I am about to say. As I have said, I hope that some members at least will have the courtesy to listen, as we have listened with respect to them.

I wish to start by quoting, as best I can, William Hobson, New Zealand’s first Governor, who, when signing the Treaty of Waitangi, greeted each Māori co-signer with the words: “He iwi tahi tātou”—we are one people. The Treaty promised that we would all be equal in the eyes of the law, regardless of race. It did not say that Māori and Pākehā, as two separate entities, were equal partners. That is an invention of the 1990s. Article 3 expressly gave Māori all the rights and privileges of British subjects. Although that seems a little funny today, it was seen as something that had great value in 1840.

There were indeed many breaches on the Crown’s side, and those are rightfully being redressed. But today we believe that in this House the Crown is committing another major breach by putting the Waikato River under co-governance. Co-governance of our resources was not envisaged by those who signed on to create a new nation in 1840. It represents the abandonment of the cornerstone of democracy: one person, one vote. It makes a lie out of article 3 of the Treaty. The Kīngitanga Accord, contained in schedule 1 of this Waikato-Tainui Raupatu Claims (Waikato River) Settlements Bill, explains the impact of co-governance. The accord states that decisions must be made by consensus. That would not be a problem if half of the people who will be making up the Waikato River Authority were not undemocratically chosen by, and representative of, such a narrow base.

Waikato-Tainui and other tribes are effectively being granted veto power over anything that may have an effect or impact upon the river. The accord specifically states that they have control over the “development, amendment and implementation of strategies, policy, legislation and regulations … and the processes for granting, transfer, variation and renewal of consents, licenses, permits and other authorisations for all activities that potentially impact on the health and wellbeing of the Waikato River,”. That is a lot of power and trust being placed in the hands of such a few people, many of whom will be unknown to most New Zealanders.

I ask exactly whom these people represent. The 2008 Waikato River deed of settlement on which this bill is based seems to have been written with very few Māori in mind. The deed states that the Waikato River represents the mana and mauri of Waikato-Tainui. The river is a metaphysical being with its own mauri. The concept of mauri—life-force—will, in our view, have little significance to most Māori, who according to census figures are mostly Christian. But that phrase is essentially the life-force of this bill. It is that belief in a life-force that has given life to many of the clauses in the bill. The Crown is giving half of the control of the Waikato River and its surrounding land to five iwi led by Waikato-Tainui because of a religious belief—or a world view, as Ms Street referred to in earlier debates—

Hon Parekura Horomia: I raise a point of order, Mr Speaker. I am surprised at the analysis that this bill is based on religious belief alone. That member has gone way outside what the bill is about.

The ASSISTANT SPEAKER (Hon Rick Barker): With respect to the member, I say that that is not a point of order. It is a point of view, but it is not a point of order. Order concerns the House.

DAVID GARRETT: Nice try, I say to Mr Horomia, but it has—

The ASSISTANT SPEAKER (Hon Rick Barker): Excuse me, I say to the member, but I have not sat down yet. I will just say to the member that it is out of order to refer to a point of order once it has been dealt with.

DAVID GARRETT: People can believe in whatever they like. The New Zealand Bill of Rights Act protects freedom of religious expression, but what makes this bill we are debating so dangerous is that it promotes one group’s belief or life view—ontology, I believe, is the technical term—over all others.

This bill and the 2008 deed of settlement can be traced back to the 1995 deed between Waikato-Tainui and the Crown, which specifically excluded the river from the so-called full and final settlement. Section 24 reserved a future claim to the river, for reasons unknown to me, but perhaps for a time when iwi leaders could secure for themselves a more attractive package. We can leave aside for a moment the fact that the 1946 settlement, which I referred to in an earlier speech on this bill, was said to be a full and final settlement of all raupatu claims, but was set aside by the next “full and final settlement” in 1995. We will leave that aside. The disturbing factor about both the 1995 settlement and this one is that they are based on deeds of settlement that in neither this bill nor the 1995 Waikato Raupatu Claims Settlement Act form part of the legislation itself.

Perhaps that is deliberate, because when we find and read those deeds, it is clear from their terms that they are not in fact the final word on the subject matter, at all. Both may be amended by agreement between the Government and Waikato-Tainui. That fact, and the history since the 1940s at least, tends to suggest that the grievances will never be fully and finally settled. The more honest Māori radicals, such as Mr Harawira and Professor Margaret Mutu, admit that this is the case. They say that no generation of Māori can bind those who follow.

Twenty years ago Sir Geoffrey Palmer said that the reference to Treaty principles that he inserted into the State-Owned Enterprises Act would be meaningless; that has proved to be very, very wrong. So when the Government flew Pita Sharples and Māori Television to New York to sign the aspirational Declaration on the Rights of Indigenous Peoples, we are inclined to believe Hone Harawira when he says that we will see the declaration applied to our children—

Te Ururoa Flavell: I raise a point of order, Mr Speaker. Anei au e whakarongo nei ki ngā kōrero o te mema. Kei te pātai au ki a au anō, he aha te take o ēnei kōrero ki tēnei pire? Ko ngā kōrero e kōrerohia nei, ē, kei tāwāhi kē e iri ana. Nō reira kō tāku ki a koe, whakahokia te tangata nei ki te pire, ki te ngako o te pire e kōrerohia ake nei. Kua tae mai ngā manuhiri kei te hiahia rātau ki te whakarongo ki te pūtake o tēnei pire. Kia ora tātau.

[I have been listening to the member’s speech, and I wonder, what does it have to do with this bill?The speech he is making pertains to matters overseas. Therefore, Mr Assistant Speaker, bring him back to the bill, to the nub of it. The visitors are here; they want to hear what this bill is about. Greetings to us.]

The ASSISTANT SPEAKER (Hon Rick Barker): The member has gone outside the strict realm of the bill, but he is drawing on that material to make his point. I sense from the member that he is in an uncomfortable position because he is articulating a position that is a minority view. This is a House of robust debate. It is also a House of free speech. I think the member should be entitled to exercise his right of free speech.

Te Ururoa Flavell: I raise a point of order, Mr Speaker. Kāre aku raruraru kia kōrerohia ngā take o te wā ki roto i te Whare Pāremata nei. Koinei te wāhi tika hei kōrero i ngā take. Engari ko tēnei take, e hāngai tonu ana ki tēnei pire. I waihotia mai ai wētahi, i tuhia e ētahi hei painga mō ngā tamariki, mō ngā mokopuna o āpōpō. Ko ēnei kōrero he kōrero mō ngā take i tua atu o tēnei pire. Koinei kē te pūtake o taku nawe. Nō reira, ko tāku noa ake, ko te kī atu, he pai tonu te kōrero engari, whakahokia mai te mema ki te pūtake o tēnei pire, koa, koa.

[I have no problems if we talk about current issues in the House. This is the proper place for matters to be debated. But this matter relates directly to this bill. Some were bequeathed and recorded so that future generations would benefit from it. These statements are about things that go beyond this bill. This, then, is the real crux of my complaint. What I am simply saying is that there is nothing wrong with talk, but please bring the member back to what this bill is about.]

The ASSISTANT SPEAKER (Hon Rick Barker): I respond to the member again by saying that this is my ruling on the matter, and I do not want to have another point of order on it. I have ruled on it. The member is making a point of criticism about the bill. He is making a point of criticism about the clause. He is then articulating the arguments to support that, and it is perfectly within his right to do so. If the member does not continue on at length about that, it is acceptable; it is acceptable in passing. At this point, the member has not gone beyond that. I have ruled on the matter.

Hone Harawira: I raise a point of order, Mr Speaker. Ā, tū ana au ki te whakatika i te kōrero hē a te pokokōhua nei i te mea, e mōhio ana au kua rere atu te Minita i raro i te maru o te Kāwanatanga ki te Āporo Nui engari, ko te pou whakaata nā rātau anō rātau i utungia.

[I rise to correct the false statements made by this boiled head, because I know that the Minister flew as part of the Government to New York, but the television crew paid their own way.]

The ASSISTANT SPEAKER (Hon Rick Barker): I thank the member for the information. That is not strictly a point of order; there is nothing to rule on.

DAVID GARRETT: For the last couple of decades, the Treaty settlement process, of which this bill forms part, has been characterised by Governments on both sides making thoughtless, token gestures, only to see them take on unexpected legal significance. It is no wonder that many people are feeling angry. Now, we have completely abandoned full and final settlements and entered an era where nothing will ever be settled, where grievances will be created against ordinary people by both Crown and Māori, and where those who are aggrieved will have nowhere to turn.

Many New Zealanders, regardless of their race, have an affinity for the Waikato River. Most of us value it greatly for what it provides. We do not have to be Māori to feel a connection, or to be angry when the river becomes dangerously polluted—or so we have thought. But this bill says that our connection does not matter. One hundred and seventy years on from the Treaty signing, we are further away than ever from being one people. This bill, in fact, is saying the exact opposite: forget Hobson’s “We are one people.” This House is today making a conscious choice as to which of those two people are more important.

Many people will not believe me when I say that we in the ACT Party fervently wish Māori to have the same health statistics, education statistics, welfare statistics, and, yes, crime statistics as the rest of us. The problem with this legislation and similar bills is that it encourages Māori to look backwards, to dwell on grievance rather than to look forward. Aside from the other objections, we are no means certain that this bill will help the people it is meant to help—Māori people. We believe that we are heading further down a very dangerous road, and the ACT Party is unashamed to oppose this bill. Thank you very much.

Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) : In its journey from Lake Taupō to the sea, the mighty Waikato River flows through the heartland of Waikato-Tainui and the iwi who have agreed to participate in its co-governance. The relationship of the iwi with the river lies at the heart of their spiritual and physical well-being and their identity. To Waikato-Tainui the river is a tupuna that has mana. As New Zealand’s longest river, the Waikato River is an important natural feature in our country, as well as being a resource of strategic importance. Its importance as a resource is marked by the fact that there are more than 470 resource consents affecting it, which take from it nearly 250.6 million cubic metres of surface water per day, enough to fill around 100,000 Olympic-sized swimming pools. There are over 80 point-source discharges discharging directly into the river on the main stem, and approximately 1,600 discharges to its tributaries. The river supplies around 13 percent of New Zealand’s electricity generation, and, from within its catchment area, approximately one-fifth of New Zealand’s exports and more than 10 percent of our GDP. The river flows through some of the most intensively used and modified rural areas in our country.

Today, the river is degraded and badly polluted. Approximately 90 percent of its wetlands are gone. Bacteria levels downstream from Hamilton are often unsafe for swimming. Levels of arsenic in the river almost never meet safe health standards. In the lower river, levels of nitrogen and phosphorous fail to meet ecological standards, and water clarity fails to meet the recreational standard. This settlement establishes vital initiatives focused on restoring and protecting the health and well-being of the Waikato River. These initiatives include a $210 million clean-up fund. Without question, these initiatives befit the deep significance of the river to Waikato-Tainui and the iwi whose rohe it flows through. Indeed, these initiatives befit the strategic importance of the Waikato River to the social, cultural, environmental, and economic well-being of all New Zealanders.

In the bygone era of the 19th century, Waikato-Tainui enjoyed a golden age of peace and prosperity. Large areas of the Waikato were cultivated for wheat, potatoes, maize, and kumara. Several flour mills were established. Waikato-Tainui were among the first to trade in value-added exports, with ships taking flour to Australia. Waikato Māori even established their own trading bank, but peace and prosperity were to be short-lived. The huge pressure for land for rapidly growing numbers of settlers led to the formation of the Kīngitanga in 1858. Its purpose was to place tribal lands under the protection and mana of the king as a guarantee against sale. With this head-on clash of aspirations Crown forces invaded in 1863—1.2 million acres were seized. With the valuable Waikato territory now held by the Crown, land was quickly allocated to settlers. In 1995 it was estimated that the true value of the land loss was around $12 billion. The Crown’s invasion was found to be wrong and completely unjustified. It is now acknowledged that Waikato Māori never rebelled; they merely defended hearth and home against an unlawful invasion. When the Crown’s military forces crossed the Mangatawhiri River in July 1863, they proceeded by land and by river. The loss of both was a double blow for Waikato-Tainui. It denied the iwi their rights and interests in the river and their mana over it.

The failure of the Crown to respect, provide for, and protect the special relationship of Waikato-Tainui with the river has been a source of distress for the people of Waikato-Tainui for many years, as has the pollution, degradation, and extensive detrimental modification of its environs and wetlands. The 1995 settlement did not deal with the tribe’s claim in relation to the river. This bill settles the river claim. One of the significant aspects of the settlement is the new relationship between the Crown and the Kīngitanga. It is a mark of our maturity as a people and as a nation that we have come so far in a little less than 160 years. At the third reading in 1995 of the Waikato Raupatu Claims Settlement Bill, the then Minister of Māori Affairs, the Hon John Luxton, said: “The future that we all have to live is a common road forward from here. We need to learn more about each other on the way. … We are never able to turn back the clock, but we can find ways to make amends for grievances. … It is only right that … we should find opportunities to let those grievances go, and to seek by resolution to give hope for our children and grandchildren.”

So the time has arrived to usher in a new era based on optimism for the future rather than despair for the past. Today, as we usher in a new era of co-governance over the river, we acknowledge our common road forward. New relationships arising from the settlement will lead to greater understanding and learning. The settlement embraces a real opportunity to let grievances go, by demonstrating respect for te mana o te awa and acknowledging manawhakahaere in a tangible way. This is very much a settlement based on optimism for the future and a real sense of hope for generations to come.

The settlement is the culmination of the dedicated and determined efforts of many. I will acknowledge some of them in this House this afternoon. The claim was lodged by the late Sir Robert Māhuta, whose foresight and drive inspired many, especially the young members of the Waikato-Tainui claims team. Sir Robert’s mission was carried on so ably and with such courage and determination by Lady Raihā Māhuta, who sadly has not lived to see this day. I acknowledge the presence in the House of Mr Tuku Morgan, who has always been future-focused and forthright in his engagements with the Crown. His tireless contribution to negotiating the settlement on behalf of his people had a major influence on the outcome. I acknowledge the work of my predecessor, Dr Michael Cullen. I acknowledge the Hon Parekura Horomia, who apparently is too self-effacing and shy to acknowledge himself. I acknowledge the Hon Mita Ririnui. I also acknowledge Peter Buckley and his team at Environment Waikato. They have made a very, very positive contribution. I especially acknowledge Brian Roche, the Crown negotiator, and the officials who have worked so hard on this matter over so many months. There is much detail in the bill, which members can read for themselves, and the detail has been covered in the Committee of the whole House.

In conclusion, I say that in 1995, when the Waikato Raupatu Claims Settlement Bill was being read in this House a third time, the Rt Hon Jim Bolger observed that the occasions that made the frustrations of politics worthwhile were relatively few. He said: “This is one such occasion, in which we move beyond the bickering and the point scoring to the substance of the work that this Parliament and parliamentarians are charged with.” Today I think we can all feel a similar sense of satisfaction, and of the worthiness of what we, as politicians, can achieve by working constructively and in good faith with iwi. This is a time to be proud; it is a time to look forward with great optimism.

PAUL QUINN (National) :E mihi kau ana ki a koe te Kīngi Tuheitia, ki a koutou o Tainui whānui, kia kaha, kia māia. Ki a koutou e Shane, ngā kaituhi, ngā kaimahi, e Koro, koutou e mahi atu ngā mahi e mōhio atu te mamae o te hīkoi pēnei tonu, kua tae atu te wā hei oti pai. Kia ora tātau.

[I acknowledge you, King Tuheitia, and you of Tainui at large; be strong and steadfast. Acknowledgments to you, as well, Shane, the secretariat, officials, and Koro, all of you who experienced the trials and tribulations of a journey such as this one, and now the time to settle it well has arrived. Greetings to us.]

Firstly, I will make a few acknowledgments. I start by saying that when the 49th Parliament came together in December 2008, the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill was before it, and the new Government had some issues that required, in its view, to be reviewed. In that regard, I acknowledge the spirit and willingness of the Tainui leadership under Lady Raihā and Tuku Morgan in engaging with the incoming Government to consider the changes that the new Government wanted, and, in doing so, bringing through to fruition in December 2009 a revised deed of settlement. So I think it is appropriate to acknowledge the leadership of Waikato and the people of Waikato-Tainui in agreeing to the new Government’s position.

I also acknowledge the Minister for Treaty of Waitangi Negotiations, the Hon Chris Finlayson. He and his officials carried out the work of the incoming Government to bring together and put the new proposals to Waikato-Tainui, and edge a way forward. That required a measured and considered approach, particularly in establishing the new co-management arrangements that the Government wanted. I think that speaks highly of the excellent work that the Minister and his officials were able to achieve. I also take the opportunity to acknowledge the former Minister, Dr Michael Cullen, who is amongst us today, proudly, a recent addition to the Ngāti Awa whānau, and also the Hon Koro Wētere, and, of course Tuku Morgan. My final acknowledgement goes to the Māori Affairs Committee. Its spirit of camaraderie manifested itself particularly in this bill. I think it shows great leadership in the work that it does.

I will very briefly canvass the key purposes that drive this bill. There are about four. The first one is acknowledging te mana o te awa and the place that the Waikato River has for the Waikato people. The second is the mana whakahaere. The third is health and well-being. The final one is the co-management arrangements going forward. With respect to those, I say that in 1995 Waikato were at the vanguard of Treaty settlements with respect to raupatu. Today, once again they are in the vanguard of a co-management settlement on natural resources, which, I have no doubt, will form the template going forward. In particular, in that regard, I am aware that my uncle Bill Bird, for instance, was keenly awaiting the outcome of this with respect to its application to the Rangitaiki River. I am sure it will be duplicated in other areas.

So with those few words, again, it gives me great pleasure to be able to stand with humility to acknowledge Waikato-Tainui for its achievements and for joining with the Government and the nation in allowing this settlement to come to fruition. Nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

Hon MITA RIRINUI (Labour) : Otirā kei te Kaihautū, me pēnei rā taku kōrero i te ahiahi nei. Kei waenganui i a tātau tō tātau Kīngi, nō reira, e tika ana kia whakapāoho i ngā kōrero i roto i tō tātau reo rangatira kei konei a ia. Me pēnei rā te tīmatanga kōrero māku i te mea rā, kua tatū ā-wairua mai rātau kua ngaro ki tua o te ārai me te tuku whakamoemiti, whakawhetai ki te wāhi ngaro, ā, kia noho tonu ōna manaakitanga ki runga i a tātau i ngā wā katoa. Nō reira ngā whakamoemiti, whakawhetai, kai te tū tonu i ngā wā katoa.

Kei tō tātau Kīngi, e Tuheitia, tēnā koe e tatū ā-rangatira mai ki waenganui i a mātau, otirā i a tātau, i runga anō i te kaupapa kua whārikihia i roto i tēnei te ana o ngā raiona. E mihi ake ana ki a koe, otirā, ki te Kāhui Ariki, ā, ki a Waikato-Tainui nui tonu, kua takahia mai te huarahi, mai i te nuku o te whenua ki te rohe o Te Āti Awa ki Te Whanga-nui-a-Tara i runga te karanga o te rā. Nō reira tēnā koe, tēnā koutou, tēnā koutou katoa. Otirā kei taku pāpā e Koro, nei tonu rā anō koe, hei maumaharatanga i ngā mahi i mahia nei e koutou, i te wā i a koutou e mahi ana i ngā mahi i kawe nei e koutou i roto i tō tātau Whare. Nō reira tēnā koe, tēnā koutou, e Tuku, me tēnā o ngā rangatira e noho nā ki tō taha, Tākuta Michael Cullen. Kei te tū whakaiti i runga i te maumahara, nāu tonu tēnei kaupapa i ārahi i runga i te huarahi i roto i a Tainui nui tonu, kia tutuki pai ai i tēnei rā. Harikoa ana te ngākau kua tatū mai koe.

Tāku tū, he tū poto noa iho i te mea, kua kōrerohia ngā mema Pāremata o roto i te Whare nei, i ngā tūāhuatanga katoa e pā ana ki tēnei pire, te pire kei waenganui i a tātau. Koi rā, kua tutuki rā tērā kōrero, mai rā i tāku whanaunga mai i Te Tai Tokerau, te hanga hoki au i tāku Whare. Ko te kaihanga o tēnei Whare, ko ngā tīpuna kua ngaro atu. Ko rātau rā i whakarere iho nei i ngā kōrero kia mārama ai tātau, ka pēhea wā tātau mahi katoa o ngā rā kei te heke mai, i ngā mahi hei painga mō ā tātau tamariki mokopuna. Koi rā, kua tū whakaiti kei konei tō tātau rangatira, tō tātau Ariki, tō tātau Kīngi, ā, me tana rōpū, ōku whanaunga katoa mai i Tainui, mai i Ngāti Maniapoto, mai i Raukawa, mai i Ngāti Hauā, ngā iwi katoa o roto i a Waikato. Nā, kua tae mai rā ki te āta whakaarohia, ki te āta whakarongo ki ngā kōrero kua horahia nei.

Ahakoa rā ngā kōrero o tēnā, o tēnā, o tēnā, ahakoa kāore tētahi e whakaae ana ki te pire, kai te pai. Kei te pai. Koinei te Whare e kīa nei te ana o ngā raiona, ahakoa tēnā raiona kua kore he niho, kei te pai. Kōrero i ngā kōrero, kōrero i ngā kōrero.

Tatū rā ki a koe, kei te Minita Māori, e Pita, tēnā koe i tae atu ki tāwāhi i runga anō i tēnā kaupapa. Ahakoa tae atu koe i runga i te kore mōhio, i runga anō i te kūare, kei te pai. Nāu tonu rā i whakatutuki ngā mahi i whārikihia e ō mātau tūpuna, koi rā te poropiti a Rātana, koi rā te tūpuna a Rēweti Te Wheno, koi rā ngā tūpuna o Tainui nui tonu. Nā rātau tēnei kaupapa i takotohia i runga i te tēpu, o te Kooti Nui o te Ao, i mua i ngā Kīngi tekau mā rima kua oti rā, kua tutuki ai tērā kōrero—he iti tāu, he iti. Ahakoa rā, ka taea ā tōna wā ka tū au i roto i te Whare Nunui o te Ao, ki mua i ngā Kīngi tekau mā rua. I tērā rā, nāu anō tēnā kaupapa i whakatutuki. Koi nā nō, ahakoa kua tae atu koe i runga i te kore mōhio, kei te pai. Harikoa ana ō mātau ngākau nāu tonu tēnā mahi i whakatutuki.

Nō reira hai te Whare, e tika ana kia mihingia tātau katoa. Kei tēnā, kei tēnā, kei tēnā o tātau ō tātau whakaaro mō te pire ko te mea nui kē, kua tae ki te mutunga. Kua takahia mai rā e ngā whanaunga o Waikato, o Te Arawa, ki roto i te Whare, hei tautoko i te pire, otirā, tautoko i ngā kōrero katoa. Hoi anō, waiho ake ēnā āhuatanga i konā. Tēnā koe taku rangatira, e Parekura, ahakoa ngā mihi whakatete rā o tētahi ki a koe, kei te pai. Mihi ana ki a koe kei te Minita. Mihi ana koe te teina o tēnā o ngā Minita a Tākuta Michael Cullen, nāna tēnei kaupapa i kawe mai ki roto i te Whare i tērā tau, ko koe te Minita i taua wā. Hoi anō harikoa ana te ngākau, kua honohono ngātahi nei tātau ki roto i te Whare i runga i tēnei o ngā kaupapa.

[Indeed, Mr Deputy Speaker, let me commence my address this afternoon by saying this. Our King is amongst us, so it is appropriate that I announce his presence here in our noble language. I begin my speech in this manner because those who have passed on are here in spirit, so we must praise and bless the realm that is no longer before us, and seek that the Creator above bestow his praises and blessings upon us at all times.

To our King, to you, Tuheitia, I extend greetings to you as you grace us with your presence in regard to the matter that has been presented before us in the den of lions. I acknowledge you and the aristocracy of Māoridom, Waikato-Tainui at large, who have traversed the country to the domain of Te Ātiawa here in Wellington in response to the call of the day. So greetings to you, and greetings to you all. Indeed, to you, my elder statesman, Koro, seeing you here once again brings to mind the work that you and your colleagues did and accomplished in our House. So greetings to you, and former colleagues, Tuku, and that leader beside you, Dr Michael Cullen. I stand humbly before you at the very thought that you guided this matter through Tainui at large to its realisation today. How pleased I am that you are here today.

My call is only a brief one, because every aspect relating to this bill in our midst today has been addressed by members throughout this House. And like my kin from the far north, I too construct a house of my own, whose creators are the ancestors who have passed on. In the talk that they left behind about the house was the legacy that regardless what we create for the future, it must be of benefit for coming generations. That is it. So I am humbled by the presence of our leading monarch, our paramount chief and King and his entourage, including all my relations from Tainui, Ngāti Maniapoto, Raukawa, Ngāti Hauā, and all the people throughout Waikato. Now they have arrived here to consider and listen intently to the speeches put before them.

Regardless of the individual speeches of endorsement by this member or that member, or whether one is opposing this bill, that is fine. It is great. That is why this place is called the lion’s den. Even though that lion is toothless, it is quite all right. Say what you want to say.

So I come to you, the Minister of Māori Affairs, Dr Pita Sharples. Congratulations on your trip overseas on that matter. Even though you went somewhat uninformed and ignorant, that is OK. You accomplished what our ancestors set out to do before you, like the prophet Rātana, Reweti Te Wheno, and quite a number of Tainui ancestors. They presented this matter before the world’s highest court of 15 rulers. So it was adjudicated and ruled upon, and brings to mind the saying: yours was but a minor accomplishment, a little one. And in time I will stand inside the greatest house of the world and before 12 rulers, 12 kings. And on that day I will acknowledge the matter you accomplished, even though you went somewhat uninformed and ignorant, but that is fine. We were very pleased, all the same, with what you achieved.

To the House, it is appropriate that everyone be congratulated on the views that each of us have on the bill, and, just as important, it is at its final stages. The kin from Waikato and Te Arawa have come into the House to support the bill and all the speeches. But let us leave those sentiments there. I acknowledge you, my senior colleague Parekura; despite the smarting comments cast in your direction from that member, that is all right. I commend you too, the Hon Dr Michael Cullen. As a junior Minister, you originally brought this matter into the House when you were the Minister responsible at the time. It is pleasing, indeed, for all of us to join up once again in the House on this matter .]

What a privilege it is to be involved in this debate this afternoon—although there are not many differences being expressed. I take this opportunity to humbly thank Kīngi Tuheitia and his rōpū for being here today. This is a very, very significant occasion. When we think about the history of the Waikato-Tainui claim and consider many of the statements made here in the House this afternoon in relation to that history, we have to take into account those who do not agree. That is fine with many of us in this House. As has been said, this is a House of robust debate, and everybody should be given that opportunity. We have a saying where I come from, where the House is more aptly named the “lion’s den”. Sometimes a lion stands up with no teeth, and it roars and chews away at nothing. But this is an opportunity for those people to have their say.

There are many people to acknowledge. I am afraid that if I name them individually I will embarrass myself by leaving somebody out, but there are people who have to be mentioned. They are the lead negotiators for the settlement. Lady Raihā Māhuta held her ground through the most difficult negotiations and did not take any weasel words from officials, and she made that very clear. She made me and my former colleague the Hon Dr Michael Cullen sit very patiently and quietly and listen to her views on how this bill should be shaped, how the mana whakahaere of Waikato-Tainui should be reinstated and protected, and how we should consider what is best for the river.

This has always been about the health of the river. It is not about many of the issues raised by David Garrett of the ACT Party, although he is entitled to his views. It is about the future and the fact that our mokopuna—not only the mokopuna of Waikato-Tainui but all our mokopuna—will be given some ideas on the way they should manage this estate in the future, because that has been seriously overlooked in the past.

In the gallery I see many of the mayors of the Waikato region who played a tremendous part in bringing together a lot of the councillors, some of whom, in my experience, resisted much of the discussion. At the end of the day, through their leadership and the co-chairmanship of Tuku Morgan and Gordon, who steered this waka through a very, very difficult path, they were able to complete the work that had been designated to them.

There are very many people to acknowledge here. At various times I might get the opportunity to thank them. The Māori Affairs Committee did a tremendous job. There were not a lot of differences expressed, but I thank the chair of the committee for the steady hand he had on the committee. I also thank officials, such as John Grant and Liz Monro, who were specialist advisers on how the legislation should be shaped to acknowledge the issues raised by Waikato-Tainui. Indeed, I also thank the officials from the Office of Treaty Settlements and my parliamentary colleagues from both sides of the House for a job well done.

Nō reira, nā runga i tēnā, e te Kīngi, mihi ake ana ki a koe. Tuku atu ngā mihi o te Tūmuaki o te Haahi, nāna i kōrero tahi māua i te pō. E tuku ana i tāna mihi ki a koe nā te mea nā he kaupapa nui tēnei, nāu tonu tō iwi i ārahi mai. Nō reira tēnā koutou, tēnā koutou, kia ora tātau.

[So with that in mind, I acknowledge you, the King. I convey the sentiments of the head of the Rātana Church, whom I spoke with last night. He is aware of the importance of this matter, and that you were leading your people here. So salutations and greetings to you and to us.]

DAVID BENNETT (National—Hamilton East) : Tēnā koe. E Tainui waka, tēnā koutou katoa. It gives me great pleasure to stand as a National member of Parliament and support the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill through the House. I acknowledge the many people who have made this settlement possible, such as Lady Raihā Māhuta. I say to Nanaia that we pay our respects for Lady Raihā’s service to her people and her achievement in this settlement. Tukoroirangi Morgan is a great leader who is forging a great path for his people and who has tremendous respect and support in Waikato. It is great to see him here today. I acknowledge the previous Minister of Finance, Michael Cullen. He has taken a tremendous interest in this settlement. I acknowledge his work and the work of past Ministers of Māori Affairs such as Koro Wētere, who is here—it is great to see him here. I thank and congratulate the members of the Labour ministry who started the first settlement process on the banks of the Waikato River on what they did in presenting the settlement.

The Minister for Treaty of Waitangi Negotiations, the Hon Chris Finlayson, has done an excellent job in making the settlement that is coming to fruition today possible, so I say well done to him. I see members of his negotiating team in the crowd today. I say to Brian Roche, especially, and his team that they have done a great job in portraying this settlement. I thank the Māori Affairs Committee—Tau and his team; I thank him for his excellent leadership. I thank all the iwi representatives here from the many iwi of the Waikato and other tribes, and also those local industry leaders who are watching and are present today, for coming to this place and for being part of this settlement. I encourage them to celebrate this settlement because it is a special and unique part of this Parliament when settlements like this progress through. I say well done to them and I thank them for their presence here today. We tremendously acknowledge and support their endeavours in coming here and being with us to share in this settlement.

Not long ago we stood on the bank of the Waikato River and looked at the first settlement. We witnessed an initial desire by the parties to come to a settlement in regard to the river. Today we see the significance of the intent of the parties to come together to an enduring settlement—a settlement that will work and achieve its purposes. I congratulate those who have made that transition to not merely a settlement, but to the effective settlement that we see here today.

This settlement is a day of celebration for Tainui. It has been a very long time coming, and we have heard the story of our history. It is a history that many of us do not share a great deal of pride in, but we understand the dilemma and also the passion of the Tainui people to rectify and build on that history. I thank them and say that they should celebrate today. The goodwill that has been demonstrated by the Tainui people is something that we do not see much of in a lifetime; I think the people of Tainui should take great credit for not only talking about and acknowledging past issues but also working constructively for something going forward. They should take great pride in that willingness to come and talk and to move forward, and as a country we take great pride in the people of Tainui and their role.

The key aspect of this settlement is co-governance. The establishment of the Waikato River Authority with its combined membership of iwi and Crown sets a new mandate for making decisions in our region. It will possibly set a new mandate for this country. The co-governance arrangement entrenches the strategy and vision for the river, which will become a reality through the co-governance body. But there are some challenges, and those challenges are on the people of the Waikato to make the co-governance arrangement work. We have come together today in agreement on a structure going forward. We need to come together in the future to make that agreement a reality so that we can achieve the common goal of helping that river sustain our people and our region in the future. We all share this common goal, which is important not only for environmental and economic reasons but also for spiritual and aesthetic concerns that are part of our region and our people.

I have great faith that the people of the Waikato will achieve that purpose. The ability to come here, negotiate, and settle is part of showing that we have the desire and the ability to work together as a region. This is the democratic choice of the people of the Waikato—let us make no bones about that. The people have come together. We see a common vision and we see how it can work. Our region is mature enough, our people are mature enough, and Tainui and all those others who will be involved in the Waikato River Authority will be mature enough to make this vision and strategy work. We look forward to that happening in the future of our region.

It is a time for Waikato, not just Tainui, to celebrate. We need to move forward as a region and work together, and this is one of the ways we can do so. To the people of Tainui and other iwi, I bring from the other people of the Waikato our desire to work together and celebrate in this achievement, because our strength is a lot more than just a piece of paper; it is the bond that we share in our region. Tainui has a huge role in that region and we see it getting bigger and better in the future, as well.

As a Waikato dairy farmer I pay particular tribute to the people of Tainui for the way they have come together and made this constructive settlement a reality. We look forward to working together to achieve the purposes and vision of this settlement. It is a special day for our region. It is a special day for Tainui. It is a time to celebrate, but also it is a time to know that we have work to do together to achieve our purposes. We can and will achieve them because the people of Tainui and the people of the Waikato region will desire to do so. Thank you.

TE URUROA FLAVELL (Māori Party—Waiariki) : Kei te Kīngi Māori, tēnā koe. Kei te Kāhui Ariki, Tainui waka, tēnā koutou, tēnā koutou, tēnā koutou katoa. Nō ngā rā tata kua hipa, i tangihia tērā o roto o Ngāti Manawa, pēnei i a koutou, i tuku nei te māmā o tō tātau mema ki te kōpū o Papatūānuku, a Raihā. Ko rātau tērā kua whakangaro atu, i te tirohanga kanohi. Nā rātau anō ēnei kaupapa i kōkiri i te wā i a rātau. I tae atu ki mua i te aroaro o te Karauna ki reira kōrero ai i ngā take. Engari, tērā pea nā te pukumahi, nā te heke o te werawera, nā te ngau o mamae rānei, kāore rātau i kite i te puāwaitanga o tērā o ngā moemoeā. Nō reira, kei te Kīngi Māori, ko koe tērā te kanohi o rātau mā, te Kāhui Ariki, nau mai, tēnā koe, tēnā koutou, kia ora tātau. E taku kīngi, kei te tū i runga i te āhuatanga o te whakamā. He whakamā pēnei nā, i rongo koe i te kōrero a wētahi. Ko ngā kōrero i runga i te marae, he kōrero rangatira. I ētahi wā pēnei i tā te kuia e kōrero nei, i ētahi wā i roto i te Whare Pāremata, he whakaiti te kōrero. Nei au e tū nei ki mua i tō aroaro me te kī, ē, kua pā mai te whakamā, i rongo koe i ēnei kōrero. Ko ngā kōrero o ōku koroua i te kāinga, kaua e whakautu i te kōrero a te rorirori. Mēnā ka pērā, kua whai mana tana kōrero. Nō reira aroha mai, i rongo ngā taringa i ngā kōrero a wētahi.

Ko tāku tū, he kaha tautoko i te kōrero a te nuinga. Nōu te rā, nō koutou te rā, tēnā koutou, tēnā koutou, kia ora tātau. Ko tāku noa ake ko te kī atu, me tuku karakia kia whakawātea au i taku whakamā. Nō reira me pēnei ake te kōrero—tēnei te ara kei runga, ko te aro o tēnei tipua, ko te aro o tēnei ariki, ko te aro o tēnei matua iwi, ko te aro o Ranginui e tū nei, o Papatūānuku e takoto nei; kia rarau iho rā te tapu o Tāne, tēnei te pō, nau mai te ao.”

Nō reira haramai me ngā mate o te wā, kei aku rangatira, haramai ki roto i te Whare Pāremata. Nei te uri o Ngāti Te Ata, nei te uri o Tūhourangi, nei te uri o Pikiaorangi, kei te kōrero au ki a au anō. Tēnā koutou, tēnā koutou, kia ora tātau. Ā, kāti. Waiho te āhuatanga o te hunga mate kia moe, kia okioki. Te tikanga ko tā tātau ko te whakanui, ko te whakanui i tēnei rangi, te whakatinanatanga o ngā mahi i ngā tau kua hipa ake. Me mihi rā ka tika, ā, ki te hunga kāinga e noho nei, e pupuri nei ā i te kāinga nei mō Te Āti Awa, ngā karangatanga maha o konei. Ka mutu, me mihi ki ngā Minita, ā, o tērā taha o te Whare, o tēnei taha o te Whare. Nā rātau anō rā i kōkiri i te take nei. E te Tākuta, Maikara Karana, hoki mai ki tō Whare. Ko te Whare nāu anō rā i whakamātautau i te wā i a koe. Nō reira tēnei te mihi atu ki a koe, ko koe tēnā, ā, i whakatakoto i te kōrero ki mua i te aroaro o te Whare Pāremata.

Ā, koutou ko ō hoa, a Mita, a Parekura, ā, me huri anō rā ki tēnei taha anō hoki, ki te tangata nei, ki te Finlayson nei, i whaiwhai haere i ō tapuwae, tae rā anō ki taku Minita e noho nei, ki te Tākuta Pita Sharples. Tangata pai. Tangata pai a Pita Sharples. Tērā kōrero tērā. Me mihi rā ki taku tuahine, ko koe tērā, ā, i roto i te Whare Pāremata i ngā tau kua hipa ake. Arā, ko koe tērā i tāpiri atu i ētahi kōrero ki te pire e kōrerohia ake nei. Ka mihi rā ki te komiti, kua kōrerohia kētia e rātau te Komiti Take Māori.

Me mihi rā ki ngā manuhiri kua hoki mai—e Koro, tēnā koe. Nau mai. Me mihi rā ki a koe e Tuku, hoki mai ki tēnei Whare. He nanakia te āhua nei, he nanakia tonu tō kōrero ki ngā Minita. He aha i pērā ai taku kōrero? Pēnei tā te David Bennett e kōrero nei, kua herea te Karauna ki ngā take katoa e pā ana ki te awa o Waikato. E kore e taea e ia te oma, te waiho mai ai i ngā raruraru ki te Ao Māori, me mihi ka tika. Nō reira ka mahi tahi koutou, te iwi me ngā kaunihera. He tauira pai tērā, ē, mō te motu. He tauira pai tērā mō te motu.

Ka mutu, i rongo au i te kōrero i kōrerohia mai rā e te mema Maryan Street mō tētahi wāhanga o roto i te pire. Nā ko te clause 8tēnei, te wāhanga tuawaru tēnei o te pire. He pai kē me pānui atu au i te reo Pākehā, kia matua mōhio ai tātau ki te tikanga o taku kōrero. Anā, e pēnei ana te kōrero i roto i te pire:

[To the Māori King, I greet you. To the aristocracy of Māoridom, to the Tainui canoe, salutations and greetings to you all. Just recently we mourned the death of that elder in Ngāti Manawa, just as you did when you committed Raihā, mother of our fellow member, into the bowels of mother Earth. They are two who are lost from view and will no longer be seen. They instigated these matters in their time. They went before the Crown to negotiate the issues. However, because of the workload and energy spent, perhaps, or the grief and pain it caused, they are not able to bear witness to the realisation of another dream. So welcome the Māori King; you represent them. Greetings to the aristocracy of Māoridom, and salutations to you collectively and to us. Oh my King, I stand here somewhat embarrassed because of what I heard others say in this House in your presence. Oratory on the marae is noble. But as the fellow lady member commented, statements in this House can sometimes be quite demeaning. That aside, I stand before you, embarrassed that you heard such criticisms. My old people back home would say, do not honour the words of an idiot by responding. So if you heard those remarks, please bear with us.

I stand to wholeheartedly support what the majority has stated. The day belongs to you and your people, and we commend, acknowledge, and salute you, and us as well. As for me, I will deliver an incantation to release me from my embarrassment, and it goes like this: “This is the path that I traverse—one that concerns this deity, this leader, this particular tribe, and the Father of the Heavens above and mother Earth stretched out before us; let the sanctity of Tāne gather together. This, then, is the night, but welcome enlightenment.”

So come forth with the deaths of the moment, my leaders, and welcome to the House of Parliament. Here is the descendant of Ngāti Te Ata, of Tūhourangi and Pikiaorangi, even though I am in fact referring to my own connections. Greetings and salutations to you collectively, and to us as well. Enough, leave those who have passed on; rest, and sleep there. Our part today is to celebrate, and quite rightly too, the culmination of the work accomplished over the years. Without a doubt I must acknowledge the local tribe of Te Āti Awa and the many callings here. Further to that, I must acknowledge the Ministers on that side and this side of the House, and the part they played in bringing this matter before the House. The Hon Dr Cullen, welcome back to your House, which you tested during your time here. I acknowledge and recognise your contributions to the House.

And indeed I acknowledge as well your fellow Ministers the Hon Mita Ririnui and the Hon Parekura Horomia. I turn to those Ministers as well on this side of the House, to the Hon Christopher Finlayson, who followed in your footsteps, and the Hon Dr Pita Sharples sitting over here—good man! He is a good one, the Hon Dr Pita Sharples. But that is another case. I also acknowledge my sister colleague; that was you in the House throughout those past years. You introduced the bill today and contributed to the debate. I commend the work of the Māori Affairs Committee in its deliberations and considerations.

I must acknowledge former members who are among visiting dignitaries—the Hon Koro Wētere, salutations to you, and welcome; Tukoroirangi, welcome back to this House, and greetings. Your negotiations with the Ministers must have been very persuasive. Why do I say that? Well, it is as David Bennett said, the Crown has been tied to every conceivable thing that has to do with the Waikato River. It is impossible for it to leave any problem behind for Māoridom to deal with. Oh yes, I have to doff my hat to you, Tuku. So I have to congratulate the tribe and the councils collectively on arriving at that arrangement. It is a good model for the rest of the country to follow.

Further to that, I took note of what the member the Hon Maryan Street had to say about a provision in the bill. That was clause 8 of the bill. I think it is better that I read it in English so that the meaning of what I am on about is clearly understood. It goes like this: ]

“The Waikato River is our tupuna (ancestor) which has mana (spiritual authority and power) and in turn represents the mana and mauri (life force) of Waikato-Tainui. The Waikato River is a single indivisible being that flows from Te Taheke Hukahuka to Te Puuaha o Waikato (the mouth) and includes its waters, banks and beds (and minerals under them) and its streams, waterways, tributaries, lakes, aquatic fisheries, vegetation, flood plains, wetlands, islands, springs, water column airspace, and substratum as well as its metaphysical being.”

E Tuku, ka rawe tēnā kōrero. Ka rawe tēnā kōrero. He aha ai, ka pātai au ki a au anō, hā, he aha te hē o Te Arawa? He aha te hē o Te Arawa, kāre mātau i paku kite i te wai o roto o ngā roto o Te Arawa? Ko koe tērā, ā, kei roto, ana kua pānuitia “waters”, “streams”. Whiwhi a Tainui i ngā wai, ha! He aha tā Te Arawa, karekau! Karekau he wai, ko te papa ō raro anake. Me mihi rā ki a koe kai taku rangatira, mō tērā wāhanga. Tērā pea e tika ana, kia hoki mai a Te Arawa ki te Whare Pāremata.

Kāti, hei kupu whakamutunga, e pēnei ana te kōrero a Raihā, i te wā i hainatia mai ai te kaupapa nei, i te tau kua hipa ake, i te Tīhema, i Hopuhopu. Anei tāna, anei tāna.

[Tuku, what an excellent clause! Why, I say to myself, what was wrong with Te Arawa? Where did Te Arawa go wrong? We did not see a drop of water in the Rotorua lakes. But look at you, contained in the clause that I read out were the words “waters” and “streams”. Tainui got the waters; well how about that! What did Te Arawa get? Nothing! Not a drop of water—just the bottom of the lake. I have got to hand it to you, my chief. Congratulations on that provision. It is only natural justice that Te Arawa must come back to Parliament.

Enough. In conclusion, this is what Lady Raihā said when this settlement was signed last year in December at Hopuhopu. This is what she said: ]

“Iwi leaders who hailed from the Whanganui River were interested in how the model would work, she said. ‘I think Sir Archie [Taiaroa] is looking sideways at this. It can only be improved as it goes to other iwi.’ ”

Koinei taku mihi tuatoru ki a koe e Tuku, ki a kōrua ko tō hoa. Tēnei tauira, he tauira pai mō te motu. Nā Tainui tēnei kaupapa i ārahi, kua waitohungia i roto i te pire nei, ka whakatinanahia i ngā tau kei mua i te aroaro. Hei aha? Hei tauira pai mō te motu. Me mihi, me mihi, me mihi ka tika.

Nō reira kāti ake māku, he whakatakoto i ētahi kōrero i te taha o ētahi kua kōrerohia kētia. Ko tāku noa ake ko te tautoko i ngā kōrero katoa, me te kī atu me whakanui te rangi nei, ka tika i te mea, koi nei te rā o te whakatinanatanga mai o ngā moemoeā o rātau kua huri. Tēnā koutou, tēnā koutou, kia ora tātau. Hei whakamutu i taku kōrero, me pēnei ake ahau nā runga i te āhuatanga o te ngaronga o ētahi.

[My third acknowledgment to you and your fellow negotiator, Tuku, is this. This model is a good one for the country. Tainui took the lead in this; it is written into this bill and will be implemented in the years ahead of us. Why? Because it will be a template for the country. Of course, you have to be congratulated, not once, but three times over.

So all that is left for me to do is to add to what others have already contributed and to support it; and to say, of course we have to celebrate this day as one where the dreams of those who have passed on are realised. Greetings and salutations to you collectively, and to us. I end my address with this farewell lament as a tribute to those who have passed away, and in particular the two I mentioned at the start. ]

  • Waiata

He paku kōrero tērā mō te hunga kua ngaro atu i te tirohanga kanohi. Waiho rātau kia okioki, me whakanui, me whakanui, me whakanui te rangi nei, tēnā koutou, tēnā koutou, kia ora tātau, kei raro.

[And by way of a brief explanation, that was a tribute to those who are lost for ever and will no longer be seen. Leave them there to rest, and let us celebrate and toast this day; so salutations and acknowledgments to you collectively, and to us. I end here.]

Hon NANAIA MAHUTA (Labour—Hauraki-Waikato) : E te Kīngi te Tumuaki, tō kōrua tira kua eke mai nei ki te tautoko i tēnei kaupapa, tēnā koutou. Tēnei anō e maumahara i a rātou i whakapau kaha ki te whakatutuki i ngā kaupapa mō te take raupatu, tēnā koutou, tēnā tātou katoa. Karangatia ngā mauri tūpuna, ngā mauri taniwha, ngā tumutumu o Rauwhitu, ē Ngeru, Tarakōkōmako, Karutahi, Paneiraira, Ruakaiwhare, Waiwaiā, Tuheitia ē. Waikato taniwharau, he piko, he taniwha!

E te iwi e mātai iho rā ki tō tātou Tupuna ā-Awa, he wai whakahono i ngā iwi o te motu mai te kuikuinga ki te pūaha puta atu ki Te Moana-nui-ā-Kiwa. E taku waiora e rere ē. Ko te ora o te awa kei te kapo o te ringa, kei te kokonga o tōku ngākau ē. E ora ana ia, e ora ana tātou. Tōku awa koiora, Waikato ē!

[Oh King, your president, your entourage who have arrived to support this matter, salutations to you collectively. I pay homage to those who are no longer here, but toiled so hard to bring matters relating to the confiscation to its conclusion; salutations and acknowledgments to us all. Call upon the life-forces of the ancestor and deities; the pillars of Rauwhitu ē Ngeru, Tarakōkōmako, Karutahi, Paneiraira, Ruakaiwhare, Waiwaiā, and, indeed, Tuheitia. Waikato of a hundred chiefs, at every bend a chief. Oh, the people who look upon our ancestral river, whose waters flow from its source to its outlet into the Great Ocean of Kiwa, are the bonds that link the tribes of the land. Flow, my life-giving waters, flow. The well-being of the river is in your hand and in the corners of my heart. While she thrives, so will we. Waikato, my living river.]

I am pleased to contribute to this, the third and final reading of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill. I acknowledge the many who have gone before us—those old people who carried the burden of raupatu until such time as history might be corrected, resolution reached, and redress made to the peoples of Waikato. In the time of Dame Te Ata and my father, certain old people provided a backbone of support during the hardest of times when all they had was a deep belief and hope. I carry around a picture of them as a reminder that a small team of committed people is worth gold: the likes of Hēnare Tūwhāngai, Pumi Taituha, Rua Cooper, Tawhi and Kare Kīngi, Dave Manihera, Hōri Rāwiri, Waea and Sue Mauriohooho, Ngāhina Te Uira, Pita Keremeta, Fred Kaa, Rewi Graham, Te Naere Hetet, Hati Toka, Piri Raihe, Tom Tauroa, Pop Herewini, and James Ritchie, to name a few. Yet there are so many more too numerous to mention. But these few were a small and steely backbone for Dame Te Ata and both my parents, and they will never be forgotten.

The settlement should be understood in conjunction with the Waikato Raupatu Claims Settlement Act 1995, which went some way to reconciling the confiscation of over 1.25 million acres of Waikato lands, including the Waikato River. The settlement should be understood against the backdrop of several outstanding claims yet to be resolved—namely Maioro, Wairoa, and the west coast harbours of Manukau, Whāingaroa, Aotea, and Kāwhia. Once the remainder of those claims have been settled, the Crown will have fulfilled a longstanding fiduciary obligation to Waikato for the unjust and illegal confiscations suffered by Waikato in the 1860s.

I particularly wanted to highlight some of the more difficult aspects that will test the ongoing commitment of the Crown and successive Governments to give effect to the intention of this settlement. Today is significant not only for Waikato but for the nation, and we will be able to track the transformational effect of this settlement only 10 or 20 years hence. Co-governance and co-management are entirely new approaches in so far as resource management is concerned but, as I have said in previous speeches, the sole beneficiary of this settlement is indeed the river. We want to see it cleaned up. It may take a generation, it may take two generations, but it requires a long-term commitment and sustained action to realise that vision. I hope that changes to the Resource Management Act do not dilute the intent of this legislation, particularly the creation of the Environmental Protection Authority. In any event, such matters would be considered in the 5 to 10-year review, alongside the practical implementation of the vision and strategy and the overall effectiveness of the river authority.

Old and young people from Waikato-Tainui are here today because they understand the enormity of this task. There are expectations that this settlement will contribute to tangible outcomes at a marae, community, and local level that could in time see employment opportunities grow, that could see sustainable business ventures emerge, that could see young environmental scientists and planners graduate, that could see ecotourism ventures flourish, and that could see critical alliances between iwi, local government, and the farming community forged. Several opportunities are contained in this settlement, but it will require people talking to people. I am saddened that the Minister of Local Government does not agree with this settlement, unlike his predecessor, but his position must not be a barrier to achieving the objectives envisaged. Local government and Tainui will need to work together, because we cannot afford patch protection and lengthy resource consent processes that are contrary to achieving a healthy river. Land-based activities need to take account of their impact on the river. Members of the farming community are key contributors to our economy in the Waikato—in fact, nationwide. Waikato-Tainui understand that, but there must be open dialogue to ensure that everyone’s interests are on the table, rather than a backdoor-deal approach to policy-making.

The river settlement will be a learn-by-doing approach, in both its co-governance protocols and its co-management practices. On the issue of water, specifically, I tell the House that Waikato-Tainui has indeed already shown a generosity of spirit, when in 1994 Auckland was suffering from drought conditions affecting the city’s water supply. I was an undergraduate student working for the Tainui Māori Trust Board when a hui was held at Hopuhopu, and Sir Barry Curtis flew down by helicopter to make a request of the old people to tap into the water supply of the Waikato. There was robust debate, but the final response enabled a pipeline to extract water, as many Waikato-Tainui lived in Auckland. The old people said at the time that if people were thirsty they should be quenched, and that if they could help they would. There was a belief at the time that water belonged to us all. The Government’s super-city plans might see the privatisation of water assets. If that is the case, then Waikato-Tainui interests should be remembered and preserved. We have an ongoing concern in Watercare Services, and a discussion should take place very quickly with Ministers and iwi leaders to protect those interests. The benefit of hindsight is a great thing. Treaty settlements that envisage a close and integrated relationship with local government may consider inviting its representatives to the table, alongside those of the Crown, at an earlier stage. The experience of Waikato-Tainui has shown that local body politics can be critical to achieving a successful outcome to one’s settlement.

At this point, I acknowledge the Guardians Establishment Committee, co-chaired by Gordon Blake and Tuku Morgan, with Crown appointees Traci Houpapa and Jenni Vernon; local government representatives Andra Neely, Clint Baddeley, Alan Livingston, and Bob Simcock; industry representative Don Scarlet; iwi representatives Roger Pikia, Weo Maag, Dean Stebbing, and Stephanie O’Sullivan; and Waikato-Tainui representatives Linda Te Aho, Taipū Paki, and Rangi Māhuta. Vision and Strategy for the Waikato River is an overarching document that will guide regional plans and rules. I have made the point in earlier debates that if dropping the vision and strategy to the regional policy statement level has a limiting effect, then it should be a subject of the review.

I am sure that those people at Te Pūaha o Waikato will welcome better preservation and management of their local whitebait fisheries. The Government-sponsored enterprise was certainly a model to learn from, and I am sure the experience is one that bodes well for New Zealand, to forge mutual respect for resource management approaches, inclusive of te ao Māori. The Clean-Up Trust fund will be a welcome addition to local communities, alongside the river and its tributaries, that are committed to projects that make a difference. I am pleased that the scoping study is a good attempt at compiling a local picture of expectations in setting out priorities for projects that can restore the life of the river. A more realistic cost-projection will also be achieved.

The Sir Robert Mahuta Endowment Fund, set aside for the endowed college, was a welcome contribution that will be put to good use. I am told that the initial seeding grant for the University of New Zealand, which is now Auckland University, was from lands confiscated in the Waikato. The irony of this gesture is not lost, and will remain in the tribe’s collective memory in the years ahead. The college will look towards getting a cadre of leading indigenous thinkers, in subject areas such as environmental studies, natural resource management, and water. It makes absolute sense that our spiritual, mental, and physical well-being will be nourished from this settlement.

Another unique component of this settlement is the Kīngitanga Accord. At the highest level it is important to maintain a strong relationship between the current and future Governments and the Kīngitanga. Raupatu occurred because Waikato-Tainui believed that unity under the Kīngitanga was a means of asserting absolute authority and dominion over our lands, our waterways, and our taonga. Our ancestors were chastised for that belief, and history has shown that they suffered as a result. Today, the Kīngitanga remains a symbol of unity. Only time will tell and show how this relationship with the Crown is nurtured, but there must be an ongoing and deliberate attempt to build a better future.

I will draw attention to a related matter, in closing. The hope of achieving a healthy Waikato cannot be achieved if we have a dirty Waipā. The Waipā River is the largest tributary flowing into the Waikato River. Waikato and Maniapoto have historical and traditional links, which serve only to strengthen each other’s interests on this front. To delay a settlement with Maniapoto would stifle progress for the Waikato River. I urge Ministers to expedite negotiations with Maniapoto to align objectives for both of these significant waterways.

My thanks go to former Labour Ministers Michael Cullen, Margaret Wilson, Mark Burton, and Parekura Horomia, for their efforts; they have made all the difference, alongside the personal commitment of former Prime Minister Helen Clark. Thanks must also go to Minister Chris Finlayson, because with the support of his Prime Minister progress has been made. I also give a personal thanks to local MPs from the Waikato, as I know that the tribe values its relationship with them all. For Waikato-Tainui this settlement has gone forward under the care and stewardship of my late mother, Raihā Māhuta, and Tuku Morgan. Their work has been supported by a young and committed technical team, with special expertise from Shane Solomon, and with the support of long-time friends of the tribe, Denese Hēnare and Ann Parsonson. A team of kaumātua and kuia travelled all around the place, with co-negotiators, to many hui. They offered whatever little support they could give, and they mattered when the support was needed most.

This is a unique settlement, and urges an entirely different relationship between iwi, central government, and local government. It can be a settlement that redefines what the future of this nation can look like, if we work hard at it. The restoration of the health and well-being of the river is critical to the settlement’s success. Not many children get a chance to acknowledge the achievements of both their parents in this House. I have done so in the knowledge that their hard work and effort enable Waikato-Tainui and the Kīngitanga to stand humbly and proud, in the knowledge that we are in a better place because of their effort. But the compelling motivation for achieving this particular outcome is best summed up in my mother’s own words, when she said: “I have committed myself so that my mokopuna, Huirama, Amaya, Tukaroto, Te Winiwini a Rongo, Kainuku Marquesas, and Waiwaiā Nukutawhiti, in their lifetime will be able to enjoy the river, take food from it, and have their spirits sustained by it. So from the lofty dreams of our old people, even the smallest child shall enjoy the benefits.” I have much pleasure in confirming Labour’s continued support for this settlement.

Nō reira e te Kīngi, māu anō e pupuru ēnei taonga ō rātou mā kia kore ai e ngaro. Kāti rā mō tēnei wā. Pai mārire ki a tātou.

[So, my King, these treasures that belonged to those who have departed are now yours to hold so that they will never be lost. I leave it there for now. May goodness and peace prevail over us.]

  • Bill read a third time.
  • ACT Party votes for the Noes ordered by the Speaker to be recorded in the Journals of the House of Representatives.
  • Waiata

DAVID GARRETT (ACT) : I raise a point of order, Mr Speaker. Of course it is a foregone conclusion, but I believed you would have heard my clear call for a party vote. I did not want to be rude and interrupt the waiata, but ACT wishes to have its vote recorded.

Hon TREVOR MALLARD (Labour—Hutt South) : I was listening carefully and expected a call for a party vote. I am not surprised that you did not hear it, Mr Deputy Speaker, because I did not either. I thought the member was being polite and voting on the voices, as he has a right to do, and deciding not to divide the House. That has been the procedure of politeness in this House for many years, and I thought the ACT Party might have been following that tradition, by voting No on the voices but not calling for a division. We did not hear a division called for.

Mr DEPUTY SPEAKER: I thank the member. I certainly did not hear the member call for a party vote. I also listened very carefully, knowing that the ACT Party had voted against the bill, but I did not hear a call for a party vote. I made the decision that we proceed, and that was at my discretion. The vote stands as recorded.