te Heuheu Georgina: New Zealand Bill of Rights (Private Property Rights) Amendment Bill — First Reading 
te Heuheu Georgina: New Zealand Bill of Rights (Private Property Rights) Amendment Bill — First Reading 
[Volume:625;Page:20505] 
Hon GEORGINA TE HEUHEU (National) 
: 
 I want to refer to two points that have been raised by my colleague Dr Wayne Mapp and commented on by Dr Cullen. My colleague Wayne Mapp was correct when he said that basically the protection of property rights and compensation for their alienation is a fundamental part of our democracy. I note that Dr Cullen said that property rights can exist apart from democracy. That may be so but I think that the underlying feature of property rights as they exist in democracies such as ours is that if people are deprived of those property rights they are entitled to compensation. I cannot necessarily think at this point in time where property rights exist away from democracies whether that is an underlying principle as well. 
As my colleague said National supports this bill. I certainly support it. It is important that this bill comes forward at this time particularly in light of what we have been through in the last 2 years with the issue of the ownership of the foreshore and seabed. It is very important in light of the Labour Government’s intentions maybe to start impeding on other forms of property rights as well. 
The thing about property rights is that their guarantee and the guarantee of compensation in the event of their alienation are absolutely fundamental to the way of life as we know it in New Zealand. Governments may come and go; property rights are forever. Maori of course have— 
John Tamihere 
: That’s not National Party policy. 
Hon GEORGINA TE HEUHEU 
: It is certainly not Labour Party policy. That member John Tamihere should know that because he is now facing extinction in this Parliament. He is now facing the loss of his electorate through the emergence of the Maori Party. He needs to think on that. The reason is that he is seen as being part of the Labour Government which is stepping right over the property rights of Maori. That member will be crushed in his electorate when the election is held in 2 or 3 months’ time. He needs to think on that quietly so that he does not come up with any more of these remarks. He should think about that. The fact is that this bill is an important bill. 
I commend the ACT party for being absolutely steadfast on the issue of protection of property rights. Governments come and go—and this Government is going soon—but property rights are forever. Maori have a number of sayings that embody that notion as well including “Toitu te whenua.”—the land remains. I find myself very much in agreement with the underlying principles of the bill. 
The other point that my colleague Dr Mapp and Dr Cullen had a little bit of toing and froing over was the issue of the Treaty of Waitangi and the confirmation of property rights in the treaty. I am very pleased to see the explanatory note—and I commend the member—state: “This protection extends to Maori under the Treaty of Waitangi which imparted to Maori all the rights and privileges of British subjects and to all other people of New Zealand regardless of their race or ethnic background.” That clearly relates to article 3. I add that all New Zealanders should be thankful for article 3 because it imparts to us all the protection of our property rights and the expectation of compensation if we are deprived of those property rights. Article 2 however is also about the protection of property rights: te tino rangatiratanga o o ratou whenua—the protection the chiefly control of their land and also of their forests and fisheries. 
I am amazed that the Attorney-General Dr Cullen would stand in this House and say that the Treaty of Waitangi is not about the protection of property rights. I am absolutely amazed by that and appalled by it. He too might think on the reason that the Maori Party has now emerged and will take all seven Maori seats. He did not understand that fundamental principle. The Treaty of Waitangi certainly is declaratory but article 2 is about the protection of the property rights of Maori and article 3 is about the protection of the property rights of all New Zealanders. It is a great shame that this Labour Government did not understand that because it is now facing the loss of the seven Maori seats.