Finlayson Christopher: Ngati Whatua Orakei Claims Settlement Bill — Third Reading 
Text is incorporated into the Bound Volume 
Finlayson Christopher: Ngati Whatua Orakei Claims Settlement Bill — Third Reading 
[Sitting date: 14 November 2012. Volume:685;Page:6683. Text is incorporated into the Bound Volume.] 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 It is always my unhappy duty to follow Mr Horomia when he has been speaking in the House. He takes liberty with great oratory great insights and I truly do respect him. My task is a little more formal; I have to this morning read into the formal record of the House or  
Hansard 
 the details of the settlement. It is important that we record the settlement and how we got there for all time. 
On 5 November 2011 I attended the signing of the deed of settlement at Okahu Bay and in 1 year the bill has been introduced it has been considered by the Maori Affairs Committee and today it is now being read for a third time by Parliament. As I said on the Ngati Manuhiri bill I acknowledge the cross-party support the good work of the select committee and the commitment of Parliament to extend the sitting hours. These things have all ensured that these two Treaty bills have been accorded the priority that they deserve. 
This bill settles the Treaty grievances of Ngati Whatua o Orakei. In the bill the Crown formally acknowledges its breaches of the Treaty it offers an apology and it provides cultural and commercial redress. Ngati Whatua in their own words acknowledge that full restitution for their loss is not possible but they have negotiated in good faith to get the best deal for future generations. 
The longstanding historical grievances of this iwi are set out in the historical account in the deed. In March 1840 Ngati Whatua chiefs signed the Treaty and from that time committed themselves to working closely with the new settler Government. In September 1840 Ngati Whatua o Orakei offered to transfer around 3500 hectares to the Crown to provide a site for the proposed capital. As the historical account describes Ngati Whatua and the Crown entered the transaction with a view to a mutually beneficial and enduring relationship. However the short story is that the relationship between Ngati Whatua and the Crown failed to live up to its promise. Within two decades Ngati Whatua were rendered virtually landless. With landlessness came poverty and marginalisation within the growing settler community in Tamaki. It is historically significant that for the latter part of the 19th century and for much of the 20th century the marae and kainga at Orakei was the only permanent Maori presence on the Tamaki isthmus and it is a testament to the resilience and determination of this great iwi that the community survived. 
Another historically significant feature of Ngati Whatua is its leadership. Nineteenth century rangatira stand tall as Maori who sought to bridge the divide between Maori and Pakeha but their engagement with settlers did not mean assimilation. Between the late 1870s and 1880s a series of parliaments were held in the Kaipara and at Orakei at which Ngati Whatua leaders raised concerns about the effects of land alienation and requested a greater involvement in government. 
This history of measured and principled protest carried into the 20th century. Mr Horomia and Dr Sharples have referred to the 506-day occupation of Bastion Point which changed the face of race relations in New Zealand for ever. Hone Harawira was telling me last night about some of the protestors and where they are now: senior civil servants leaders of their iwi members of Parliament. At the Te Rawara settlement Hone spoke about the importance of protest and he is absolutely right. My only request to him is: “Please don’t protest against me.” 
The negotiations for the deed of settlement took about 13 years to complete. They began in 1999 and terms of negotiation were signed in May 2003. Three years later in June 2006 Ngati Whatua o Orakei and the Crown signed an agreement in principle. However negotiations were suspended for shared interests of the 12 other iwi in Tamaki to be accommodated. 
I certainly want to acknowledge Sir Douglas Graham because he has worked very hard over a number of years with Michael Dreaver my chief Crown negotiator to work out a framework for how all iwi in the Tamaki region may negotiate with the Crown for settlement of their grievances. That is how the Tamaki Collective was established and Ngati Whatua o Orakei have played a significant role in that collective. Their deed of settlement as I said was signed on 5 November 2011 and contained in that deed are provisions for protocols by various Ministers including the Minister of Conservation the Minister for Arts Culture and Heritage and numerous other Ministers. The financial and commercial redress consists of $18 million in financial redress less $2 million which was provided in 1993 for the railway settlement and various other commercial redress. 
Others have mentioned the Defence Force site at Narrow Neck. When I was preparing this third reading speech I was wondering what to say about Narrow Neck and the meeting I attended one Saturday morning. There is in fact much I could say about Narrow Neck and those who opposed this aspect of the settlement. I have reflected long and hard on it but have decided to adopt an approach of the less said the best said and simply endorse what Mr Horomia has said this morning. Today is a day for unity and optimism not criticism and discord. 
I acknowledge Joe Hawke who is here in the Chamber today—and I will have something more to say about him shortly—the late Sir Hugh Kawharu all former board members Grant and so many others who have worked so very hard to reach this day. I also acknowledge David Williams of the law school at Auckland University Graeme Horsley and Tiwana Tibble for their long service and dedication to the vision that was set by Ngati Whatua o Orakei. 
A significant portion of the redress focuses on Defence Force land and I certainly want to thank the former MP for North Shore and former Minister of Defence Wayne Mapp for his help in progressing this aspect of the settlement. 
 I had one conclusion prepared for my third reading speech but the rules of Parliament are that the Minister in charge of the bill cannot be present in the House if another Minister is speaking first. So I was waiting in the lobby until Dr Sharples concluded so that he could speak and then I would be able to come in. As it turned out I decided to have a look at  
Hansard 
 and I read Joe Hawke’s maiden speech. It had a fantastic conclusion that I am going to read into the record one more time. For those of you who are interested in such things it is reported in  
Hansard 
 Volume 558 at page 186. I do not think he could say it better himself. He ended with a quotation from Pope John XXIII which had been used to sum up the Ngati Whatua case to the tribunal and this is what the Pope said: “One thing is clear beyond dispute; any attempt to check the vitality and growth of racial minorities is a flagrant violation of justice; the more so if such exertions are aimed at their extinction.” And then Joe went on to say: “Indeed the best interests of justice are served by those public authorities who do all they can to improve the human conditions of the members of minority groups especially in what concerns their language their culture their ancient traditions and their economic activity and enterprise.” 
I could not say it better myself because in a true bipartisan way since Mat Rata set up the tribunal in 1975 Governments of all persuasions have been working to achieve that end and I truly hope and pray that today we have reached such a conclusion for the great Ngati Whatua o Orakei.