Ngati Mutunga Claims Settlement Bill — Third Reading 
Ngati Mutunga Claims Settlement Bill — Third Reading 
[Volume:635;Page:6524] 
Ngati Mutunga Claims Settlement Bill 
Third Reading 
Hon MITA RIRINUI (Associate Minister in charge of Treaty of Waitangi Negotiations) 
 on behalf of the 
Minister in charge of Treaty of Waitangi Negotiations 
: I move  
That the Ngati Mutunga Claims Settlement Bill be now read a third time 
. Otira kei te Kaihautu na runga i tena tono e tika ana kia huri atu ki a Ngati Mutunga kua tae a-tinana mai mai i te marumaru o to ratou maunga titohea a Taranaki. Hei aha? Hei whakarongo hei tautoko i tenei ta ratou pire mo to ratou kereme. No reira e mihi ana ki a ratau mihi ana ki te Whare. E whakaaro ano hoki ki a ratou kua wheturangihia o ratou mate huhua kua tomo atu kua ngaro atu ki tua o te arai. No reira Ngati Mutunga tena koutou nau mai haere mai. 
[An interpretation in English was given to the House.] 
[ 
Indeed Mr Assistant Speaker in taking that call it is apt that I turn to acknowledge the presence of Ngati Mutunga having come here from the shadow of their barren mountain of Taranaki. And for what purpose? To listen and to support this bill of theirs about their claim. And so I greet them and the House. I also acknowledge those who have passed away theirs and ours who have entered the void and are lost beyond the veil. And so greetings to you collectively Ngati Mutunga welcome welcome. 
] 
I took a brief opportunity to acknowledge the presence in the gallery today of Ngati Mutunga representatives who have come from Taranaki to listen to this the third reading of their settlement bill. In so doing I also acknowledge the many Ngati Mutunga kuia and koroua who are no longer with them or with us and the contributions they made to bring this very very important settlement legislation to this point. I welcome Ngati Mutunga representatives here today. 
I also want to acknowledge the significance of the settlement legislation to Ngati Mutunga. This bill brings to an end the longstanding and significant grievances of Ngati Mutunga and settles all of its Taranaki-based historical Treaty claims. The historical wrongs committed by the Crown that are acknowledged in this legislation contributed to the loss of Ngati Mutunga land and resources and to the collapse of its social structures. The Crown’s breaches of the Treaty have had a devastating effect on the welfare social and economic development of Ngati Mutunga. What happened to the people of Ngati Mutunga was at the most serious end of the scale of the Crown’s breaches of the Treaty of Waitangi . 
The historically based Treaty claims of Ngati Mutunga relate mainly to the confiscation by the Crown of all of Ngati Mutunga’s land following the wars in Taranaki. The effect of this on Ngati Mutunga was severe. When members of Ngati Mutunga iwi joined the peaceful settlement at Parihaka they were arrested imprisoned and endured harsh conditions including forced labour. I encourage all New Zealanders to read the historical account outlined in the Ngati Mutunga deed of settlement. Stories such as those relating to Ngati Mutunga are a tragic and shameful part of our history but remembering them is essential in order to understand the relationship between Maori and other New Zealanders and the contribution Maori have made to the development of this country. 
We must know and understand our history if we do not wish to repeat it. We must also seek to reconcile the damage caused to the Crown’s relationship with Ngati Mutunga. This Government has set itself the goal of building a strong sense of national identity. This bill furthers that goal. The additional effort this Government has put into settling Treaty claims is now showing results. This is the second claims settlement bill to pass through this House this year and a third bill is set for introduction later this year. 
Ngati Mutunga began negotiations with the Crown in 1996. The heads of agreement setting out the basis for settling Ngati Mutunga’s Taranaki-based historical Treaty of Waitangi claims was signed on 24 September 1999. After signing the heads of agreement Ngati Mutunga decided to suspend negotiations temporarily while it considered the best way forward for the iwi. In November 2002 Ngati Mutunga re-engaged with the Crown to continue negotiations. A draft deed of settlement containing the Crown’s proposed settlement offer to Ngati Mutunga was prepared and the approval of the iwi was sought. Forty-eight percent of eligible Ngati Mutunga voters voted on whether to accept the Crown offer and 94 percent agreed to accept it. On 31 July 2005 the deed of settlement was signed. 
The passage of the settlement bill represents the final steps of a long and arduous journey for Ngati Mutunga to have its claims properly heard accepted and addressed. I acknowledge that it has been a difficult journey for Ngati Mutunga to make. I commend the current membership of Ngati Mutunga and the Ngati Mutunga negotiators for negotiating in the utmost good faith and for demonstrating that they were willing to cooperate and even to compromise in order to reach an agreement. 
I am pleased to acknowledge all of those from Ngati Mutunga who have worked hard to make this day possible. I particularly want to acknowledge Bill Tuuta who led Ngati Mutunga to the heads of agreements stage but sadly passed away before negotiations resumed. I also wish to acknowledge those who undertook these negotiations at great personal cost to themselves to achieve this important milestone for their iwi. I acknowledge too the kaumatua and kuia who provided leadership and inspiration to the Ngati Mutunga negotiators and to their wider iwi. 
Like everyone else in this House I wish all the best for Ngati Mutunga its elders its descendants the negotiating team and the trustees of Ngati Mutunga’s governance entity. Te Runanga o Ngati Mutunga—that is who they are—will soon begin the task of managing the settlement assets. I am certain that they will do so with the judgment tenacity skills and commitment that they showed throughout the settlement process. I am also certain that with the benefit of Ngati Mutunga’s leadership and the revitalisation of its mana and identity future generations will receive a strong enduring legacy because of the decisions made here today. I commend this bill to the House and thank Ngati Mutunga. Kia ora. 
Hon GEORGINA TE HEUHEU (National) 
: 
 E nga mana e nga reo e te tupuna maunga whanaunga Taranaki tena koutou i tenei ra hohonu. 
[ 
To the authorities languages and Taranaki the ancestral and kindred mountain greetings to you collectively on this auspicious day. 
] 
I am pleased to support the third reading of the Ngati Mutunga Claims Settlement Bill. As a member of this august institution and as a Maori New Zealander of Tuwharetoa Te Arawa and Ngati Awa descent I congratulate Ngati Mutunga in particular and the Government on concluding the settlement of the historic grievances that form the basis of the bill that is now before us which we as parliamentarians—with the exception of only one party—are about to pass into law. 
I make a comment about that one party the ACT party which will take its line of opposing all Treaty settlements. Of course in the end if a party is against everything and stands for nothing—especially for something as important as this bill—then that party will find itself reduced to two members in this House and those members will have to either go dancing or be in the army. The reality is that matters such as those dealt with in this bill are important. The ACT party has shown no empathy for what we do in respect of these settlements. That situation would not be so bad if ACT proposed something different but in all its years in this House—10 I think; the same period of time as those of us who came to Parliament in 1996—it has never proposed a different settlement model. 
 To come back to the matter in hand I point out that it is important to emphasise the significance of the near-universal parliamentary support for this settlement. This bill represents the mighty step on the part of Ngati Mutunga to finally make the decision to settle and to put the grievance behind them. But the settlement also sends a signal about the maturing of our nation Aotearoa and of our willingness as New Zealanders in the end—because it has taken a long while—to do the right thing. I think that that is important. New Zealanders should be proud that in this country some of us regard these settlements as being so important that they form part of our national identity. 
In respect of the settlement before us the Crown can through the Government of the day—in this case the Labour Government—and on behalf of all New Zealanders admit to injustice and wrongdoing apologise for it and move to make reparation for it. Maori claimants—in this case Ngati Mutunga—are acknowledged for the grievance they have carried for such a long period through generations and they are relieved of that today. Hopefully the words that were uttered by the people of Ngati Mutunga who appeared before our select committee provided an opportunity for them to look forward and move on. We wish them all the best in that regard. 
These grievances signify for most Maori the illusory—indeed the discriminatory—nature of the so-called British system of justice. Until these claims are settled most tribes would say that their tupuna—their ancestors—signed up for the introduction of British laws and justice into this country in 1840 on the basis of the protection of tino rangatiratanga. But of course as we all know the events that followed the signing of the Treaty were more about a nation that practised inequality of citizenship. That is a total injustice for the circumstances that give rise to most if not all historic grievances are about the application of a different standard of citizenship to a certain section of our community. Some Maori would say that that injustice is still being applied. I would like to think that slowly but surely our system of justice is being seen to apply in an even-handed way. 
In a nation that prides itself on being a modern democracy it is an unacceptable state of affairs that these historic grievances are still on our books and that is why it is National’s policy—and it has been since the 1990s—to place due importance on the conclusion of durable Treaty settlements. But I would add that today in 2006 we urge the conclusion of more timely settlements. When we get into Government in 2008 we will certainly be looking to put a little bit more vigour a lot more passion and a lot more commitment into having these grievances cleared off our books so that we all as New Zealanders can go forward. 
Historic settlements are only a beginning. They take us back to the supposed “level playing field” of 1840. However the fact that two cultures of a vastly different nature gave certain undertakings to each other meant that it was always going to be a bit questionable as to whether the playing field was even. But the intentions were sincere I think and I am proud of both our British and Maori antecedents. If the Treaty’s purpose was only to put things right that had gone wrong then we are attributing to our British antecedents a deception of the most significant magnitude and to our Maori tupuna a lack of either the wit or understanding to make a judgment on what they should have done. Maori signed the Treaty and ceded sovereignty but in return they expected certain guarantees to be honoured. The last 20 years have seen our nation working through those guarantees and endeavouring to understand them and give life to them in these settlements. 
I pay special tribute to Sir Doug Graham and the Rt Hon Jim Bolger because I think they had enormous courage in the early 1990s to develop a platform for settling these injustices. If someone in 1980 had said National would be the party to develop a platform for settling these injustices some people may not have believed that person. So I am very proud to be part of the party that had the courage to develop that platform. It took long enough to do so I know but that is why it is important to acknowledge the contributions of Sir Doug Graham Jim Bolger and their colleagues of 1992—the year that marked the first of the big settlements. 
I join with Minister Ririnui today in wishing Ngati Mutunga all the best. I congratulate their leaders including those who are considerably younger than I am. I acknowledge them because I think they have done extremely well. 
Before I finish I would like to raise one issue. I understand that yesterday in the Committee of the whole House my colleague Chris Finlayson had a Supplementary Order Paper around the request by Ngati Mutunga for the Crown to enable them to use legislation to effect a liquidation of their existing iwi representative entity and to replace it with a new one. They were denied that request. I can understand their strong feelings about the issue given that this House has seen the same thing happen in previous settlements namely the Waikato Raupatu Claims Settlement Act the Te Runanga o Ngai Tahu Act the Te Runanga o Ngati Awa Act 2005 and more recently the Te Arawa Lakes Settlement Act. We must remember that those Acts apart from the Te Arawa Lakes Settlement Act were largely completed by a National Government. I would like to think that when we are in Government in 2008 my colleagues will give serious thought to this matter because not being able to replace the iwi representative entity puts Ngati Mutunga at a huge disadvantage and to enormous cost even though a very simple solution is available to them. 
I am very proud to take part in this debate. I am very proud to see this bill pass through its third reading this afternoon. Again I congratulate Ngati Mutunga. No reira tena koutou tena koutou tena tatou katoa. 
DAVE HEREORA (Labour) 
: 
 I take the opportunity to contribute to the debate in the third reading of the Ngati Mutunga Claims Settlement Bill. As chair of the Maori Affairs Committee that processed the bill I want to revisit the question raised yesterday by the member Chris Finlayson surrounding the matter that Georgina te Heuheu has just raised. It is important to apply some clarity because at the end of the day it is about giving some certainty to the process. To do that I want to recall the commentary in the bill itself. It states: “On 19 July 2004 the proposed settlement package was approved by Cabinet. On 14 December 2004 the Iwi Authority and the Crown initialled a deed of settlement. Following ratification the deed of settlement was signed on 31 July 2005.” This is the bit I am leading to: “The governance entity structure was also ratified at this time. On 21 December 2005 the Ngati Mutunga governance entity Te Runanga o Ngati Mutunga was established.” 
The issue raised yesterday was surrounding the information or advice that the select committee had received from parliamentary counsel and the Office of Treaty Settlements. There was some reference to the commentary we had adopted; that the commentary was in effect incorrect in relation to the advice that we had received. 
 I thought that again it was important to revisit exactly what the commentary said so that we can have on record confirmation of whether indeed the matter is correct. It reads: “The Office of Treaty Settlements advised us that amending the bill to provide for the disestablishment of the iwi authority and the establishment of the post-settlement governance entity was not feasible. The Parliamentary Counsel Office advised us that amending the bill to disestablish or establish private trusts would be very unusual and could have implications for previous settlements. They told us that establishing a new governance entity is a private matter. Settlement legislation addresses matters necessary to achieve the settlement which cannot be achieved with certainty under normal (non-legislative) processes. Although settlement legislation has been used in association with private trusts to the extent that the trusts are made perpetual instead of being subject to the rules that limit the life of a trust the Crown will not use government legislation to establish a legal entity to receive and manage settlement assets.” 
I find that that part of the commentary for me clarifies the advice that we received from the Office of Treaty Settlements and Parliamentary Counsel confirming that it cannot be done through the process of this bill. So I think it is important to add some clarity to that matter particularly for the members of the Maori Affairs Committee who spent a lot of time making sure to get this process right. 
From there I would also like to look at the historical aspects of the bill because I think it is important to give that some acknowledgment—acknowledgment of the wrongs committed by the Crown and acknowledged in the legislation which contributed to the loss of Ngati Mutunga land resources and social structures. The Crown’s breaches of the Treaty have had a devastating effect on the welfare and the social and economic development of Ngati Mutunga. What happened to the people of Ngati Mutunga was at the most serious end of the scale of Crown breaches of the Treaty of Waitangi. 
The historical Taranaki-based Treaty claims of Ngati Mutunga relate mainly to the confiscation by the Crown of all Ngati Mutunga’s land following the wars in Taranaki. The effect of this on Ngati Mutunga was severe. When members of the Ngati Mutunga iwi joined the peaceful settlement at Parihaka they were arrested and imprisoned and endured harsh conditions including forced labour. I thought it was important to give some acknowledgment to the historical part of this debate on this bill. 
From there I think also that it is necessary to talk about the negotiation because obviously the negotiation is the area where one finds whether there will be a settlement. Ngati Mutunga began negotiations with the Crown in 1996. The heads of agreement setting out the basis for settling the Ngati Mutunga Taranaki-based historical Treaty of Waitangi claims were signed on 24 September 1999. After signing the heads of agreement they decided to suspend negotiations temporarily while they considered the best way forward for the iwi. In November 2004 Ngati Mutunga re-engaged with the Crown to continue negotiations. A draft deed of settlement that contained the Crown’s proposed settlement offer to Ngati Mutunga was prepared and the approval of the iwi was sought. Forty-eight percent of eligible Ngati Mutunga voters voted on whether to accept this Crown offer and 94 percent agreed to accept it. 
On 31 July 2005 the deed of settlement was signed. The passage of this settlement bill represents the final steps of a long and arduous journey for Ngati Mutunga to have their claims properly heard accepted and addressed. I acknowledge that it has been a difficult journey for Ngati Mutunga to make. 
To that end I would like to move on to some acknowledgments particularly to Ngati Mutunga and the spirit of cooperation that they have shown and exercised through the negotiation process. I recall when Ngati Mutunga were giving evidence to the select committee the position that they put very clearly to us. That position was that they adopted a pragmatic view and the reason for adopting that pragmatic view was to ensure that they were able to arrive at a settlement that they could accept so that there were no barriers put in place and they could as an iwi move on. So I acknowledge the manner and the spirit of cooperation that they adopted and also acknowledge the committee members for their involvement and participation throughout the process. I think it is necessary to say that the advice and help from the Office of Treaty Settlements and the Parliamentary Counsel Office must be acknowledged also. 
In ending I would also like to congratulate Ngati Mutunga not only on their participation and involvement but also on the opportunities that they now face once this legislation is put in place. 
Hon TAU HENARE (National) 
: 
 I seek leave to table an amendment to the Ngati Mutunga Claims Settlement Bill: first to dissolve the Ngati Mutunga Iwi Authority; and second to transfer the assets and liabilities with regard to taxes and duties—final report of the Ngati Mutunga Iwi Authority. 
Madam SPEAKER 
: The member has sought leave of the House. Is their any objection? There is objection. 
METIRIA TUREI (Green) 
: 
 E nga manuhiri tuarangi nga kuia me nga koroheke nga tuakana me nga tungane koutou nga uri o Ngati Mutunga kua tae mai nei ki te tautoko i tenei kaupapa o tenei ra nau mai haere mai whakatau mai ra. 
[ 
To the visitors from afar the elderly women and menfolk older siblings and brothers and to you the descendants of Ngati Mutunga who have arrived here to support this matter today welcome welcome and alight here. 
] 
The Greens are pleased to support the Ngati Mutunga Claims Settlement Bill at the third reading. We want to acknowledge the very hard work of Te Runanga o Ngati Mutunga in negotiating the settlement for its people. We believe that it has demonstrated real genuine leadership in dealing with both the Government and the Office of Treaty Settlements in this process. We specially want to congratulate the kuia and kaumatua of Ngati Mutunga for all of their hard hard work over many many years. That hard work has meant that the iwi and the runanga were able to take on this challenge and succeed. I do not doubt for a minute that we all understand and recognise that all the achievements that we make now are based on the work that has been done in the past—the strength of our elders in keeping these issues alive so that we can take them just a little step further. 
When Ngati Mutunga came to the hearings at the Maori Affairs Committee what was most obvious from their submissions and discussions with us was the desire to put this process behind them so that they could properly plan for their collective future. Their whole approach to the settlement was about the future opportunities that the settlement gives them. I do not mean just the financial and land resources but the sense of having worked through what is a very difficult long expensive process that in the end has strengthened them. They said to us that their Ngati Mutungatanga was strengthened that their unique identity within Taranaki was strengthened and that their collective work had reconnected the ahi ka with Ngati Mutunga across the country. Their work had built a collective understanding of their history with all of the past hurts that that includes—that is true and that is difficult—but also with all of the joy and passion that comes from being Ngati Mutunga. They told us that this work had made them much stronger as a people. This is not the most common experience post-settlement but it was theirs and it means that they are perfectly placed to build a strong and successful future based on their Ngati Mutungatanga based on their successes and based on their desire for a strong healthy well future for their people. 
I will conclude by saying that the Greens are very pleased to have played even a small part in recognising and witnessing this process and we wish Ngati Mutunga all the very best for their future. Kia ora. 
PITA PARAONE (NZ First) 
: 
 Tena koe e te Kaiwhakawa tena hoki tatou o te Whare nei. Kei te tautoko nga mihi ki a Ngati Mutunga i a koutou i tu i mua i a au. 
Nga mihi hoki ki a koutou nga kaumatua nga kuia nga rangatira katoa i tau mai i roto i te Whare i te ra nei koutou hoki i kawe nei i te kaupapa e whakatakoto mai i mua i a tatou inaianei. He mihi hoki ki a koutou e noho ana i raro te maunga tapu o Taranaki e whakarongo ki nga korero whakamutunga kia whakatau atu i te pire nei. 
Engari i mua i te haere tonu o nga korero e mihi hoki ki a koe e kara e Jamie me to ropu mo nga mahi pakeke nga mahi whakahirahira i mahia koutou ki te whakaotingia nga mahi taumaha i hoatu to iwi i runga ou pokohiwi. 
I te ra nei ka hoki mai te pire nei mo te wa tuatoru i runga te huarahi e kawe mai tenei kaupapa. 
[An interpretation in English was given to the House.] 
[ 
Greetings to you Madam Speaker and to us also of this House. I endorse the acknowledgments of Ngati Mutunga by those who stood before me. 
My greetings to you the elders the elderly womenfolk all the chiefs who have arrived in the House today those of you responsible for the matter that is before us at this moment. I also acknowledge those of you at home beneath the hallowed mountain of Taranaki listening in to the closing speeches that are to settle this bill. 
Before I continue I offer my congratulations to you Jamie and your team on the hard work and tremendous efforts undertaken by you collectively to complete such an onerous task that your people placed upon your shoulders. 
This bill comes back for its third reading in much the same way that brought this matter here. 
] 
Madam Speaker before I continue I want to acknowledge your presence because I think history is being made in that I think you are the first person to as Minister in charge of Treaty of Waitangi Negotiations initiate a Treaty claim and also to sit in the Chair in your position as Speaker to oversee the progress of the legislation to its conclusion. Quite clearly history will show the uniqueness of your position at this very time. 
On behalf of New Zealand First it is my pleasure to participate in the third reading of this Ngati Mutunga Claims Settlement Bill; a bill that provides a chapter in the history of Ngati Mutunga that evidences the settlement of their claim arising from breaches of the Treaty of Waitangi by the Crown. This bill is intended to help bring some closure to events of the 19th century that were manifested in actions commenced on 5 September 1866. Such events as I have already stated during earlier debates saw the people of Ngati Mutunga and of course other iwi of Taranaki subjected to one of the darkest hours in our history as a nation. It is significant to reiterate the comments of the Waitangi Tribunal during its consideration of this claim: “There may be no [other claims] where as many Treaty breaches had equivalent force and effect over a comparable time …”. 
It is important to say at the outset that any amount of apology and compensation cannot truly amend the events of the past. Having said that the passing of this legislation today will however provide some redress for the people of Ngati Mutunga. To this end I say that the offer that was made by the Crown and was accepted by the negotiators on behalf of Ngati Mutunga is of a quantum such that it raised concerns within the Maori Affairs Committee which considered this bill. I say this again in the context of the view expressed by the Waitangi Tribunal: “Generous reparation policies are needed to remove the prejudice to Maori to restore the honour of the Government to ensure cultural survival and to re-establish effective interaction between the Treaty partners.” I suppose that the comments made recently by the chairman of the tribunal that suggested that the total amount of all the settlements once concluded would rise to about $3 billion should not have come as any surprise. 
This bill will bring finality to the claims made by Ngati Mutunga—that is the descendants of Mutunga—and it follows the consideration of submissions made to the Maori Affairs Committee. Compared with other settlements of this nature I ought to say that the submissions received on this bill were in the main of a supportive nature. The only concern expressed was that of the local body which was concerned about the fee simple of a reserve that is currently its responsibility being vested in Ngati Mutunga. I should say that this support was further evidenced by the iwi ballot to accept the negotiated settlement and the new body to receive the proceeds from this settlement. Although the agreement was not as strong as we all would like to see the fact is that people were given the opportunity to participate in the process and if they chose not to then that should not be a reflection on the ability of the negotiators to advance this settlement. 
The question of a new entity to receive the proceeds from this settlement raised some discussion during the Committee stage particularly with regard to having it included in this bill. I think that the essence of the intent of this was articulated in a point of order raised by a member from National. I am disappointed that it could not proceed any further and I ought to say that the only reason why it did not proceed was a technicality. The saddening part was that it was supported by the claimants themselves. 
During the hearing of submissions representatives from Ngati Mutunga—although having completed a deed of settlement entered into negotiations and accepted the settlement with the Crown to be fair in the circumstances—expressed some disquiet about elements of the final settlement. The source of this disquiet included the formula used by the Crown negotiators to arrive at the quantum that was used to reach this settlement. In the view of Ngati Mutunga the total area of land that was originally confiscated amounted to 150000 acres. However the settlement is based on a much lesser amount and is drawn from Sim Commission evidence and findings—the source of information in developing this quantum offer. The Office of Treaty Settlements might want to review the approach it takes with future settlements given the comments and the lessons we have learnt from this particular settlement. 
Another point of disquiet was the apparent reluctance to provide the claimants with the full formula used to arrive at the quantum for this claim. Although I accept the explanation given by the Office of Treaty Settlements to the select committee I think that the time taken to address that particular issue could be minimised if in fact the formula was provided to the claimants during the negotiations. However we also found that in ascertaining this formula the size or population of an iwi contributed to the overall quantum for each claim. Notwithstanding the extent and the seriousness of the breaches of the Treaty if an iwi is of small numbers then that contributes to the size of the settlement. Given the small size of this iwi against the amount of land confiscated and its commercial value one can easily see Ngati Mutunga’s position. Also if any credence is to be given to the recent comments of the chairman of the Waitangi Tribunal this becomes an issue for future settlements. 
I conclude by making reference to my party’s concern about the inclusion of references to the principles of the Treaty of Waitangi. Looking at the bill I see that reference is made to breaches of the Treaty and its principles. I suggest that not including any such reference to the principles of the Treaty would make no difference to the need to settle claims such as this one. 
In conclusion I wish the people of Ngati Mutunga all the best for the future and also say to this House that a lot of members here will never appreciate the responsibility that has been put on the young shoulders of Jamie Tuuta and his whanaunga by the people of Ngati Mutunga. In years to come people will be critical of the size of this settlement. They will be critical of the process that was taken. In terms of Maoridom Jamie and his descendants will have to bear the brunt of this. 
Hiahia ana ahau ki te mihi atu ki a ratou nga manaakitanga o Te Runga Rawa kei runga i a koutou mo nga ra kei te heke. Na reira tena koutou tena koutou huri noa ki tenei o tatou Whare. Kia ora mai ano tatou. 
[ 
I want to extend the blessings of The Almighty Above upon them for the future. So greetings to you and to us throughout this House of ours; once again greetings. 
] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Ko te titohea ka mengiatia he puna koropupu ahakoa tukitukia e te poaka. E kore e mimiti ka koropupu ka koropupu ka koropupu. 
[ 
The land even though it has been made barren by uprooting by pigs is like a pool that continues to bubble up. It will not diminish but will continue to bubble up. 
] 
Titohea makes reference to a free-flowing spring whose flow despite being defiled by pigs will not diminish. Indeed it wells up and gushes forth in spite of the pollution and the filth that surround it. This korero is extremely appropriate today. 
Ngati Mutunga no koutou tenei korero. Kei te mihi te Pati Maoriki a koutou Ngati Mutunga mo ta koutou maia ahakoa tukitukia e te hau e te ua e te pu e te raupatu e te muru o te whenua tena koutou katoa. Hara mai me nga mate hara mai me te raukura. 
[ 
This is about Ngati Mutunga. The Maori Party commends you for the courage and perseverance to withstand the devastations caused by elements of nature land wars confiscation and loss of lands for being so resolute despite being battered about by the elements the musket conquest and confiscation of land; greetings to you all. Welcome with your grievances and plume. 
] 
Today we commend Ngati Mutunga for the courage and perseverance to withstand the devastation of raupatu in the context of confiscation and colonisation. Ko koutou ko era atu iwi hapu o Taranaki me ki ko nga iwi o Tokomaru Kurahaupo o Aotea waka. 
[ 
Let us say that you and other tribes and subtribes of Taranaki are those of the Tokomaru Kurahaupo and Aotea canoes. 
] 
The Maori Party is mindful of the analysis of the Waitangi Tribunal in the 1996  
Taranaki Report 
. That report described the context of Taranaki as beyond comparison stating: “There may be no others where as many Treaty breaches had equivalent force and effect over a comparable time.” Not many in this country will know that military action in Taranaki on behalf of the Crown did not end until the invasion of Parihaka in 1881 or that conflict with the use of arms was spread not over one not over two but over 40 years of violence and that Taranaki experienced relentless attacks on the people who placed their faith in the prophets of peace Te Whiti Tohu and Titokowaru. 
But the tribunal went further to suggest that while the pain of war may soften over time the real issue that remains the central problem is the relationship between Maori and the Government. The passive resistance of Taranaki iwi and hapu was punished with land deprivation the burning and ransacking of homes the destruction of crops and the assault of the pen. These matters are well recorded in our history. Special legislation was enacted to deny all rights of trial. Several hundred of Taranaki Maori were sent to jail indefinitely to places like Otakou—to Dunedin. The imprisonment and sedition charges laid against their leaders were intended to annihilate the movement and to force the people to retrench from their position and to retreat into submission. E kore e mimiti te puna ka koropupu ka koropupu ka koropupu tonu. The spring will never diminish. It will continue to bubble. 
And so it is that Nga Uri o Nga Tupuna o Ngati Mutunga are here today. It would benefit members of this House to travel to Taranaki to places like Parihaka and Urenui to sit in the whare puni of Taranaki to understand the depth of feeling about confiscation about the locking away of their leaders. The songs and the haka of Taranaki capture that history. Piki mai Pungarehu ka tangi mai te piukara—climb the hill at Pungarehu and one can hear the sound of the bugle. E rere ra te motu nei ki roto koia o Parihaka. 
[ 
This part of the land must seek refuge at Parihaka. 
] 
Reference is made to the arrival of soldiers at Parihaka. Despite the histories that have been told and the waiata that are sung the mamae must remain in the hearts of the Ngati Mutunga people. 
So to assist the House to understand the context I thought I might try to use a role play to convey the effect of the deed of settlement in which the Crown and Ngati Mutunga agree to a full and final resolution of all Ngati Mutunga historical claims. For the purposes of this role play I will enlist the support of the Hon Mita Ririnui. Our key prop in this scenario is a fictitious house belonging to the honourable member. For the purposes of the exercise it has been valued at $250000. Think about this. Two years ago when the Maori Party was getting established we had to take Mr Ririnui’s house off him to set up the national headquarters of the Maori Party. We did this in the best interests of the nation. That is what we are here for—the best interests of the nation. 
With the benefit of hindsight and on careful reflection we realise that it was not really fair so we are prepared to fess up and suggest that it would be in the best interests of the nation that we the Maori Party acknowledge that we were at fault and that we are willing to enter into a process of negotiation to make amends for the confiscation of his property. We hope that Mr Ririnui will agree to the settlement which we can both accept as fair in the circumstances. We believe that it would be fair in the circumstances to offer Mr Ririnui a settlement price of approximately 1 percent of the value of the house—a value that we believe represents the value that will stand for at least another 25 years. We are here with our cheque in hand for the sum of $2500. 
We based this amount on an evaluation we got from a commission that we have used in similar situations. We understand that Mr Ririnui has another valuation different from the one that we prefer. Aroha mai we will stick with our one thank you. Unfortunately the Maori Party is unable to pay any more for the house because our long-term goal is to expand into other areas. We need to consider the overall quantum in order that we are able to afford to take the houses of other Ministers in due course. 
We are however always willing to be reasonable and indeed our generosity knows no bounds in that we are prepared today to table an apology for having to take his house for the best interests of the nation. I am sorry but we did want the member’s house. We know that the Ririnui whanau has a vested interest as such in the house through the Ririnui family trust and ever wanting to be helpful we suggest that Mr Ririnui disestablishes the family trust and transfers all of the assets and functions of that body to another post-settlement governance body—well actually our offer is conditional upon this. 
Fairness however must always operate within fiscal constraints. So we further direct that we set up a board to which we appoint some representatives to ensure that the new post-settlement governance body will be accountable for the settlement funds—remember they are $2500. We would like Mr Ririnui to let everyone know in his whanau and take a roll-call at all of his meetings so that we can trust that they have participated in the process. His children and grandchildren have a vested interest in knowing what koro and kuia are doing. Everyone can have a vote for the $2500—the 1 percent. Any costs involved shall be met from Mr Ririnui’s own resources. The $2500 that Mr Ririnui will receive for his house shall be put into a trust fund and we have some helpful suggestions about how that fund can operate. 
We believe that this settlement is fair in the circumstances and we will celebrate with Mr Ririnui and his whanau as we take the nation forward. To prevent any further problems we recommend that this settlement is full and final. There will be no coming back. We thank Mr Ririnui for the spirit of cooperation. 
The question is whether anyone would sign it—$2500. If it was a “take it now or go to the back of the queue” offer I suppose some probably would. The Maori Party has consistently raised our concerns that the Treaty settlement process is fundamentally flawed. On the one hand we respect the right of iwi to do as they will provided that people know what is happening. This is tino rangatiratanga. On the other hand the process the quantum is wrong. We say that the Crown will go to whatever means it can to achieve settlements—settlements that stand the risk of creating divisions in whanau hapu and iwi. 
Thankfully this was not the case with Ngati Mutunga. Settlements resolved with a quantum that Ngati Mutunga humbly described as modest we describe as outrageous. The quantum is not negotiated. A cash settlement of $14 million with $400000 of that already set aside for negotiation costs does not cut it when one considers the travesty of justice experienced in Taranaki. Ngati Mutunga were required to carry the bulk of the cost themselves. 
A lot of questions remain unanswered one of which is why Taranaki which suffered the worst excesses of war and raupatu had to struggle to find resources to undertake settlement. We welcome Ngati Mutunga back and some time in the future when circumstances may indeed be fair we will speak to Ngati Mutunga about how justice can not only be seen to be done but in fact be done. Ngati Mutunga tell your children and their children that the Maori Party has extended that invitation. Tera te wa ka hoki mai koutou ki konei. 
[ 
A time will come when you collectively will return here. 
] 
This is an invitation that we will give as a priority when the time comes for us to form a Government in the future. Kia ora tatou. 
Hon MAHARA OKEROA (Labour—Te Tai Tonga) 
: 
 Ka hoki mai nga kupu waiata ki ahau e noho mai i rongo atu i nga korero kua whakaputa mai a taua tangata e noho mai ra. E tu kau ana ra Taranaki te uru. Kua riro ra nga manu e noho i runga e. E toru ra nga waka o Taranaki ko Tokomaru ko Kurahaupo ko Aotea. E tu kau ana nga pou o Parihaka ka mihi atu . Mihi mai ratou ki a koutou e noho mai i runga ra mai i Waitara te tangata mai i Te Whiti te Pouwhenua mai tetehi atu o nga tau heke e tino kaitautoko. A me koe hoki e teUpoko o te Whare nei e noho mai i runga i to torona. Ka meatia mai taua tangata mai a Tai Tokerau e mihi mai ki a koe to whakaarahi mai i tenei pire mai i te timatatanga tae noa atu ki te mutunga. Ahakoa nga piki me nga heke e riro mai i runga a nga uri nei ka haere tonu te waka kua whakatutuki mai pea i te kaupapa ahakoa kua riro ai a roimata e hupe i runga i te kaupapa o te auwetanga i te ngarotanga o o ratou nei whenua katoa. 
[An interpretation in English was given to the House.] 
[ 
The words of a song came back to me as I sat listening to that member over there who has resumed his seat. Taranaki stands barren in the west. It is bereft of bird life. Taranaki has three canoes: Tokomaru Kurahaupo and Aotea. I acknowledge the pillars of Parihaka Tohu and Te Whiti and the legacy that they left. I extend my greetings to you sitting up there in the gallery. I acknowledge you as well Madam Speaker and endorse the acknowledgments by that member from the north. You played a significant role in this bill from the beginning and continue to do so in its concluding stages. Despite the highs and lows upon these descendants the grief shed and the grievances over lands lost through confiscation the journey of the canoe towards a settlement continues. 
] 
I will make a brief reference to the previous speaker Te Ururoa Flavell. In spite of what I would call the grievance rhetoric and in spite of what I heard about tino rangatiratanga manaakitanga me era atu o nga kaupapa hohonu ki ta te whatumanawa a Maori [ 
sovereignty respectability and other such matters of deep significance to Maori 
] nowhere in that speech did I hear and I could stand to be corrected that member as a representative of the Maori Party support this bill. I find that to be hugely significant; that a party representing a certain sector of our population is not stating or articulating support for an iwi who exercise their own tino rangatiratanga in making their decision about where they want to go in the future. I am not concerned about waiting for invitations in the 22nd century—we will probably have developed scales by then and learnt how to swim underwater. My concern is about the here and now. 
In spite of the rhetoric if we are not clear in our agreement in front of the konohi of the people about where we sit then we should not be here. This is a major significantly critical occasion on which to show a cohesiveness and a collective will to allow an iwi to go forward into the future. That is what this is about and if we are not going to be upfront about that then we should not be here. We should not use this stage of campaigning and articulating tino rangatiratanga manaakitanga tiakitanga me era atu o nga tanga katoa [ 
sovereignty respectability protection and all those other “tanga” things 
] if when the time comes to exercise it we are not sufficiently courageous to do so in front of our people. 
The honourable Minister Mita Ririnui made reference to people who are not here to people kua whakawairua mai [ 
who have passed away spiritually 
] and I thought about that statement over time. I would also like to make a reference to the whole collective of those people who are not here and who cannot be here. Ka rongo atu ratou i o ratou nei taringa ki te tangi mai karanga mai a nga mareikura. 
[ 
With their own ears they hear the laments and calls from female supernatural beings 
.] 
In particular in my time I make reference to Hamiora Raumati a koroheke who for 40 long long years—members opposite talk about 9 long years; well they are going to get another 3 years and then it will be 12 long years—sat on the Poari Matua Maori o Taranaki and spent most of those 40 years along with those other kaumatua wahine and tangata finding a way forward to get some satisfaction for what every speaker has spoken about which is the confiscation of our land. I was fortunate to be able to sit with Hamiora and others as they told the history of their sufferings in auwetanga. Ratou katoa mai i Paraninihi ki Waitotara tae noa atu ki Taipake. [ 
grievances. All of them from Paraninihi to Waitotara including Taipake. 
] One statement was made which was probably made in terms of a prophecy. It goes like this. Nou te pahua tuatahi anei te korero a Te Whiti ma ki a ratau ra nga tuatara. Ana ma matau pea te pahua whakamutunga. He aha te tikanga o aua korero? He aha te tikanga aua korero poropititia e ratau? 
[ 
You plundered first was what Te Whiti said to them the reptiles. Perhaps the final plunder will be by us. What did those statements mean? What did those predictions by them mean? 
] 
Maybe we are starting to see that there could be some elements some threads and some strands of that prophecy because they have had the courage to take the waka Tokomaru forward. I do not quite agree with what the honourable member Pita Paraone said when he referred to the tino taimaha rawa atu i runga i o koutou nei pokohiwi. [ 
weighing heavily upon your shoulders. 
] 
I do not quite agree because to me that is a korero makutu. Ka taka mai te tangata i raro i te toimahatanga o nga korero i runga a pokohiwi. [ 
bone-pointing talk. A person with such responsibilities upon one’s shoulders is cursed and expected to fail. 
] I say this. I say they take the responsibility and they look to it as an opportunity. Go forth! 
We know of the extraordinarily difficult situation—well I personally know it. I just want to recall for the benefit of the House the kuia at Parihaka and I recall them humbly. Of the four kuia there is only one left. Her name is Auntie Matarena Rau Kupa. She is about 90-plus years. To the other three who included Auntie Neta my mother and Auntie Sally korero. They had this extraordinary belief in this phrase: “Whangai mai te hoariri.” It means: “Feed thy enemies.” What an appalling thing to insist that I do! But they carried that as a kind of precedent in regard to their relationships. It was a central part of their passive resistance ki a ratau nga tuatara. [ 
to them the reptiles. 
] 
I congratulate Ngati Mutunga. They are here not because of; they are here in spite of. They are here because of their collective implacable will unremitting commitment and determination; their wellspring of indomitable strength; and their capacity to overcome gut-wrenching disappointment and despair. May I say with due humility that I am proud to be part of such a whakapapa. Tena koutou. 
I end with this. This is a new dawning—e ata pohou tenei na. May Ngati Mutunga apply the same kinds of capacity determination commitment and collective implacable will in their future and I wish them the very best for their future hei huarahi mo tatou katoa kei roto o Taranaki. [ 
as a way for all of us in Taranaki. 
] 
I end by singing a very quick waiata: 
Na wai te po-i po-i e poia mai te ni’o na 
Na’au nei e Te Ati Awa a titi a iho to rauku-ra 
Aue ka titi aue ka titi titi ka titi ka titi ahau—e ka pai ra!  
I finish by saying that that waiata is a poi waiata that was celebrated at Parihaka on the return of those people who were jailed unjustly in Otakou. It was sung by the women our kuia. Mutunga mai i Te Ati Awa mai i nga iwi katoa tena koutou tena koutou kia ora mai tatou katoa. 
[ 
And so from Mutunga Te Ati Awa and all the people greetings to you greetings to you and to all of us. 
] 
Bill read a third time. 
Waiata