Gudgeon Bill: Maori Purposes Bill (No 2) — Second Reading Instruction to CommitteeCWH In Committee 
Gudgeon Bill: Maori Purposes Bill (No 2) — Second Reading Instruction to CommitteeCWH In Committee 
[Volume:607;Page:4808] 
BILL GUDGEON (NZ First) 
: 
 New Zealand First supports the Maori Purposes Bill (No 2) and recommends that it be passed. Part 1 amends the Treaty of Waitangi Act in relation to the operations of the Waitangi Tribunal. Part 2 deals with the Broadcasting Act in order to give effect to technical changes in relation to ministerial responsibility for Maori broadcasting policy and Te Reo Whakapuaki Irirangi also known as Te Mangai Paho. We of New Zealand First have always had a concern about the time factor and the delays that have been taking place—taking into consideration the challenges that have been put before the select committee and those responsible for this area. In respect of the Maori Land Amendment and Maori Land Claims Adjustment Act we are happy it has finally been looked at and that the 1515 percent increase in general fishing licences can be sorted out and made more equitable. 
Basically we are talking about the amendments in Part 1 which are a result of membership changes during the Wellington Tenths Kaipara and Hauraki inquiries. The bill gives guidelines as to the appointment of tribunal presiding officers; the mandates and skills required to be a member of that organisation; and the accountability required. 
It has been recommended by the committee that section 5AD(2) of the second schedule in clause 5 be deleted from the bill because it would not offer any protection to either claimants or the Crown. The proposed amendment to that clause of the second schedule provides that only a member of the tribunal who is a barrister or solicitor of the High Court of at least 7 years’ standing shall be qualified for appointment as presiding officer under clause 5(1)(a) of the second schedule. The Act currently requires the presiding officer to be either the chairperson a judge of the Maori Land Court or a barrister or solicitor of the High Court of at least 7 years’ standing appointed by the chairperson. Under a proposed new clause of the second schedule the chairperson may exercise the power of appointing an acting presiding officer only if he or she considers that the tribunal can properly continue to exercise its functions to inquire into the particular claim or other matter with an acting presiding officer. Any person appointed an acting presiding officer would have the same powers as a presiding officer under the Act and would be able to exercise those powers only for the period of time specified by the chairperson. 
In 1996 the acting registrar of the Waitangi Tribunal sought advice on the powers of the chairperson of the tribunal to reconstitute tribunals where members are unable to continue in office. In response to the request the Solicitor-General advised that if the tribunal was to have express power to permit a substitution of a presiding officer or panel members the Act should be amended to make sure that the intention to depart from the standard principles of natural justice to meet the needs of the tribunal process was indicated in terms that were clear and unambiguous. As a result of discussion and advice from Te Puni Kokiri the Solicitor-General and the Crown Law Office the amended clause 5AD(2) on Supplementary Order Paper 76 was recommended. That ensures that only a member of the tribunal who is a barrister or solicitor of the High Court of at least 7 years’ standing shall be qualified for appointment as presiding officer under clause 5(1)(a)(iii) of the second schedule. 
Last night we heard the Ngati Ruanui Claims Settlement Bill being read. We heard from those who were against it and from those who were for it. I am happy that the bill has been passed and the people can get on with what they should be doing. There was a spirit of contention during debate on that bill because as we all know others disagreed with it. It will probably be the same with this bill. But for the sake of the citizens of New Zealand which we all are we need to move ahead on what is already happening today. 
I commend the Maori Affairs Committee for looking at these amendments and making changes that will make this organisation more efficient. I am reminded of the comments made by the National MP Georgina te Heuheu about the funding for the Waitangi Tribunal and the time it takes to sort out these claims and settle them. I am sure that they can be more efficiently administered too and that rather than our waiting for the year 2050 or however long it will take to settle these claims they can be more efficiently processed and the people concerned can be satisfied and get on with life. 
As a member of New Zealand First I recommend that this bill be passed with the amendments made by the Maori Affairs Committee.