Turia Tariana: Ngati Tama Claims Settlement Bill — Second Reading 
Turia Tariana: Ngati Tama Claims Settlement Bill — Second Reading 
[Volume:613;Page:10073] 
Hon TARIANA TURIA (Associate Minister of Maori Affairs (Social Development)) 
: 
 I stand today to acknowledge the tragic history that has seen the Crown profoundly regret and unreservedly apologise to Ngati Tama for its actions. In speaking of profound regret the Crown recognises the intense impact felt by the people of Ngati Tama of a history that has been described by the Waitangi Tribunal in the Taranaki report and formally recognised in the acknowledgment and apology given by the Crown to Ngati Tama in the deed of settlement. The historical claims of Ngati Tama relate to the proclamation of martial law throughout Taranaki on 22 February 1860. Within 3 years Ngati Tama had 74000 acres of land confiscated. Every acre that could be taken was taken. A mere 3458 acres of this land—one-twentieth of what was taken—was returned some 20 years later but it was in individual title and perpetually leased to settlers. In 1882 a Native Land Court ruling cost Ngati Tama two further large blocks that had not been confiscated. 
One cannot help but wonder whether this was punishment for Ngati Tama’s support for the passive resistance campaign based at Parihaka. The people of Ngati Tama had witnessed and experienced suffering when Parihaka was sacked and looted by Crown troops in 1881 and the people imprisoned and dispersed. Ngati Tama has borne the burden of this history for over 150 years now and this bill acknowledges the wrongs that were done—the sufferings that Taranaki peoples encountered as a result of colonial contact and behaviour. 
The campaign of alienation assimilation and deculturation launched against the people of Taranaki well over a century ago must not be forgotten or filed away in our collective memories as a historic grievance. The suffering caused by the confiscation of the tribal lands and the invasion of Parihaka and imprisonment of the men—some were held for up to 18 years without trial—remain a painful legacy for our nation. This bill recognises that the treatment of Ngati Tama people was unconscionable and unjust and that these actions constituted a breach of the Treaty of Waitangi. We must not allow our knowledge of these actions to sink into collective amnesia. 
I commend this bill to the House as a further step towards recognising the status and rights of Ngati Tama. A settlement such as this marks a beginning not the end. The recitals of history—the apology and the transfer of assets—are first and foremost an official acknowledgment of the status and rights of Ngati Tama as tangata whenua. Within this bill there is a statutory acknowledgment of areas in which Ngati Tama has particular cultural spiritual historical and traditional association including parts of the Pukearuhe site the Tongaporutu conservation area and the PouTehia historic reserve and others. They also include the coastal marine area in Ngati Tama’s area of interest and marginal strips swamps and rivers. The schedules of the bill acknowledge Ngati Tama’s links with these areas which are part of the identity and the mana of the iwi. The purpose of this acknowledgment is to assist Ngati Tama to participate in decision making on these areas by local bodies and resource management consent agencies. 
The recovery of lost property is an important part of a treaty settlement. The return of land reverses previous losses through confiscation or the operations of the Native Land Court and the Native Trustee. Loss of land leads to social and cultural breakdown of whanau and hapu and impoverishment of the people. The settlement of claims and return of property are intended to be part of a process of community rebuilding of whanau hapu and iwi development and empowerment. That is why I am pleased the Government has noted the concerns of the Maori Affairs Committee over the mandating process. 
Whanau and hapu support for the governance entity is a critical element of of whanau hapu and iwi reconstruction. The fact that about 60 percent of Ngati Tama supported the settlement while only 30 percent supported the Government’s arrangements for the settlement is evidence there are concerns about the claims settlement process and these may need reviewing. The Ngati Tama Iwi Development Trust was initially approved by the Office of Treaty Settlements without enough collaboration with the people of Ngati Tama. The trust’s mandate regarding the governance arrangement was opposed by 435 iwi members who signed form letters—around 40 percent of Ngati Tama. The allegations that members of one family dominated the trust are very serious. Ngati Tama has taken steps to address these concerns by forming Te Runanga o Ngati Tama and winding up the trust. Elections for trustees of the runanga are due to be held this coming January. 
 I urge all the members of the iwi to use the elections as an opportunity to build an inclusive and representative organisation that has a clear and strong mandate to carry forward its development plans. This is a time for all the members of the iwi to look to the long-term interests of the iwi as a whole. The importance of inclusive organisations and constructive relationships also arises in the matter of overlapping claims by Ngati Maniapoto. There is history here too in that Ngati Tama claimed interests in two large blocks north of the confiscation line at Mokau. The Native Land Court awarded the exclusive title to Ngati Maniapoto. This bill offers exclusive redress to Ngati Tama in an area that Ngati Maniapoto claims interest. The Government believes that NgatiManiapoto’s claims have not been sustained by independent research and the Waitangi Tribunal has endorsed the Crown’s policy. Just as the settlement is a serious attempt by Ngati Tama and the Crown to resolve long-outstanding issues there is also work to be done by Ngati Tama and Ngati Maniapoto to come to terms with their history and to look for a way to move forward together. The vast legacy of Ngati Tama must not be allowed to sink as I said before into our collective amnesia. As Te Whiti said: “Those who are bent by the wind shall rise again when the wind softens.” Let us hope and believe that with this bill the wind has softened to ensure that we all face the future with the insights of history informing our every move. 
BILL GUDGEON (NZ First) 
: 
 New Zealand First confirms its support for this bill. The Maori Affairs Committee received 10 submissions and of those six raised concerns as to the settlements. The historical claims of Ngati Tama were heard by the tribunal between 1990 and 1995. It behoves me at this stage to add that from here on in the question of who held the mandate began its course of rumblings amongst the hapu rank and file. Why is this a factor in treaty claims? Common sense tells me that it is imperative that proper research and clearer understanding of iwi and hapu protocol be in place and that the decisions made today will have an effect on generations to come. 
The Office of Treaty Settlements must be made aware that most Maori if not all have a genealogical link to more than one iwi and that entitles individuals because of whakapapa to the right to register as claimants. In the eyes of Maoridom the word “primary” is foreign because that negates the individual’s right to identify his or her claim to other iwi affiliations and this is not the accepted practice of tikanga unless the individual chooses to do so. The select committee was concerned and still is about the mandating processes and the level of dissension that has occurred within Ngati Tama over these issues and its thinking is that the mandating process has to improve greatly to ensure that settlements are fair. 
I put these thoughts to Ngati Tama and for that matter all future claimants. There is a need to address the areas that I have touched on—that is mandating etc. The Office of Treaty Settlements needs to facilitate more positive detail that will ensure a smoother pathway that is not time-wasting but in effect will give the claimants a fair result as to their claim and that history will not repeat itself. The word “primary” again does not lend itself to the vocabulary of Maoridom because blood ties cannot be separated as in other cultures. When business is conducted in the spirit of integrity and honour the result will be to strengthen our nation. 
New Zealand First will work towards doing all it can to promote claims amicably and as it travels down the pathway it will always be its intention to support claims that identify our history and how these matters can be organised in such a way that mana has the respect it deserves. 
If one goes back in history and looks at the Treaty of Waitangi the articles in that treaty were important in the eyes of Maoridom as well as its partners. It created a partnership and that partnership is the reason we are where we are today. 
If we look back to 1835—the Declaration of Independence—how did that start? It was the beginning so that a treaty could be made between two nations. That treaty signified that all hapu regardless of where they came from and who they were were sovereign nations because the treaty was signed between the leaders of those hapu and the Crown. Our history is the reason we are sitting here today to try to amicably settle these claims. 
I acknowledge the work of those who have worked here previously and also members of the select committee. The select committee was burdened with how to sort out this mandate problem. Our people came to us and tapped us on the shoulders and said: “You know what is right. Do it. How come we are not heard?” and all that and the pressure was placed upon us. So I accept the work that the select committee was involved in but we need to look ahead and work in the future. Hopefully Ngati Tama with what it receives from these claims will do the right thing. If it says that it has its people at heart we need to see those results. 
The strength of the result of these claims will lie in the hands of those who have been endowed with leadership and accountability. How is it that Maori may be struggling today? I am not saying “are” but “may be”. In looking towards the future there is a bright future outside the square not only of Maori but of this world. 
Ngati Tama has had a sad history. It even tried to settle the matter peacefully. But I will not dwell on that any more because we need to look to the future. I go back to my previous words about the Office of Treaty Settlements and the word “primary”. We cannot separate our blood ties. We are affiliated to other tribes because of intermarriage and that gives us the mandate to make a claim regardless of who we are. But if we do not register that will never happen. So I tell the Office of Treaty Settlements to ensure that its views are heard and that the people out there understand what it is all about. Otherwise we will get these mandate claims coming before the select committee time and time again. We really need to work on these issues ensure that the programme is in place and that the people understand so that there is no come-back to the office or the select committee. We will endorse and tackle those things that are amicably settled. I encourage those people of Ngati Tama who may be listening to do the things that its people will benefit by.