Horomia Parekura: Marine and Coastal Area (Takutai Moana) Bill — In Committee Speaker Recalled In Committee 
Horomia Parekura: Marine and Coastal Area (Takutai Moana) Bill — In Committee Speaker Recalled In Committee 
[Volume:670;Page:17330] 
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rawhiti) 
: 
 There are some interesting things in Part 3. I have been trying to deduce why the Attorney-General has moved with some flourish from the sequencing of whanau hapu and iwi in clause 3. He has turned it round quietly on his Supplementary Order Paper 207 to iwi hapu and whanau. That is one thing Hone Harawira has said right tonight. He has deduced that the Minister is trying to set it up in a single area for it to be controlled and manifested in the sense of direction by the group he is comfortable with. 
I turn to clause 81 which is about newly found taonga tuturu. I wonder whether I can jog the Minister’s support by suggesting that this is quite a powerful part for Maoridom. I wonder how he defines and determines taonga tuturu which in my translation is the gift or sub-property that has been there for ever and ever. Clause 81(1) states: “Any taonga tuturu found in a customary marine title area on or after the effective date is prima facie the property of the relevant customary marine title group.” 
Paul Quinn 
: What’s wrong with that? 
Hon PAREKURA HOROMIA 
: It is very good. It is suggesting that all new-found minerals there belong to the title holders. I ask the Minister to make quite clear whether that is what it means. I suppose the other part is the controls. Clause 58(1) states that “If at any time the Minister of Conservation determines’’. We have talked about all these issues that are relevant and strong for Maori and will benefit them but then we come down to this quite cutting exact not too dissimilar legislation that defines— 
Hon Shane Jones 
: Dodgy. 
Hon PAREKURA HOROMIA 
: It could be dodgy but it defines in that great litigious way that “If at any time the Minister of Conservation determines that the exercise of protected customary rights under a protected customary rights order or agreement has or is likely to have a significant adverse effect on the environment the Minister may impose controls including any terms conditions or restrictions that the Minister thinks fit on the exercise of the rights.” That is really fascinating. We are trying to push this up to include statements of freedom but what that provision really says is that bang all over the Minister decides. And where does everything else sit in the sense of sequencing? What are the Maori Party members thinking when they boast that this bill is their bill in relation to what could easily be put asunder by what some may perceive as general bureaucratic rhetoric but most think is at the end of the day a slippery slimy way of controlling things? 
Clause 58(2) states: “Any person may apply to the Minister of Conservation for controls to be imposed on the exercise of a protected customary right stating the reasons for the application.” I hope that in a late Supplementary Order Paper the Minister will withdraw “any person”. One thing that is becoming starkly evident is a return to the old practice of divide and rule with everybody setting to on everybody else as they did as Mr Jones would say in the summaries of the schedules for the fisheries allocation. That is something nobody wants and we tire of it. I hope that is not what the Maori Party is trying to ensure happens. At the end of the day it is something that Labour members would not support. 
I come back to the taonga tuturu. Clause 81(3) states: “Any person finding a taonga tuturu in a customary marine title area has a duty to notify the finding within 28 days”—and then it gets quite specific. Subclause (4) states: “The obligations of the chief executive”—whoever that may be—“under section 11(4) of the Protected Objects Act 1975 apply but with the following modifications:” which are listed in paragraphs (a) and (b). Are we talking about singular objects in the sense of art and craft? Are we talking about the paddle that fell off the waka or whatever else? Or are we talking about a collective group of taonga like minerals and whatever else? Hangi stones are minerals. They seem to be OK. What about something more minute—molecules or whatever we call them the clusters—