Whakarewarewa and Roto-a-Tamaheke Vesting Bill — Second Reading 
Whakarewarewa and Roto-a-Tamaheke Vesting Bill — Second Reading 
[Volume:657;Page:6714] 
Whakarewarewa and Roto-a-Tamaheke Vesting Bill 
Second Reading 
Hon Dr PITA SHARPLES (Minister of Maori Affairs) 
: 
 Tena koe Mr Speaker tena tatau e te Whare. Tena koutou kua hara mai nei ki te tautoko i tenei ahuatanga i tenei rangi tena tatau. 
[ 
Greetings to you Mr Speaker and to us the House. Greetings also to those of you who have come here today in support of this matter greetings to us 
.] 
I move  
That the Whakarewarewa and Roto-a-Tamaheke Vesting Bill be now read a second time 
. I am grateful to the Maori Affairs Committee for its work in considering the bill and for its report on the bill and I acknowledge all the submitters who participated. There can be no doubt that the subject of the bill has captured the hearts of many a tourist historian archaeologist and writer. The brilliance of the geothermal landscape; the legacy of the late guides Sophia Hinerangi Rangi Dennan and the more recently departed Bubbles Mihinui; the mighty Pohutu Geyser; the unique fact of approximately 500 hot springs; and the spectacular displays of geothermal resource are all features that make Whakarewarewa a living thermal village that is on a par with the natural wonders of the world. 
A debt of nationhood is seen in the bill which finally gives effect to the deed entered into by Ngati Whakaue Tuhourangi Ngati Wahiao Te Pumautanga trustees and the Crown. The deed entered into on 5 August 2008 transfers three areas of recreational reserve lands—the Southern Arikikapakapa Reserve and the Whakarewarewa Thermal Springs Reserve which together make up the Whakarewarewa Valley land and the Roto-a-Tamaheke Reserve—to the iwi of Ngati Whakaue and Tuhourangi Ngati Wahiao. The reserves have the status of recreation reserves and are currently administered by the Ministry of Tourism under the Reserves Act 1977. 
I emphasise from the start that the bill is not part of a Treaty settlement. It was deemed appropriate for the Minister of Maori Affairs to progress the proposal outside the Treaty settlement framework because it was considered to strengthen the Crown-Maori relationship generally and it was not providing any settlement redress to Ngati Whakaue. 
I spoke earlier about some of the distinctive history attached to the area. The leadership of Tuhourangi Ngati Wahiao and Ngati Whakaue approached the Government back in April 2008 with a proposal to vest the Whakarewarewa Thermal Springs and the Roto-a-Tamaheke Reserve into a new joint trust once they had transferred to the affiliate Te Arawa Treaty settlement entity. But there is a particular story that I must tell which helps to explain something about why we have come to this point today. In order to do so we must travel back to the decade between 1883 and 1893 when the Whakarewarewa Valley was subject to no less than three Native Land Court hearings. The absence of fairness and transparency in the courts processes in establishing ownership over lands held according to Maori custom is now generally accepted. Suffice it to say history reveals that the court originally established that ownership was to be shared by the hapu of Ngati Wahiao and Ngati Whakaue. 
Halfway through this time a remarkable event occurred. The eruption of Mount Tarawera brought forth a torrent of mud ash and steam. A series of violent earthquakes occurred and the settlements of Te Tapahoro Moura Te Ariki Totarariki and Waingongongo were either destroyed or buried. In the wake of the eruption Tuhourangi evacuated from Mount Tarawera and were welcomed into Whakarewarewa where they settled and married into Ngati Wahiao and remain there to this day. 
Yet the outcome of the Native Land Court hearings continues to be hotly contested by the iwi parties today. As a consequence of the court’s decision the land surrounding the village passed into Crown ownership. But despite the Crown’s administration of these reserve lands initially by the Department of Tourist and Health Resorts and more recently by the Ministry of Tourism the whenua itself has never ceased to hold immense significance to the iwi. It has always been and always will be central to the identity of Ngati Wahiao Tuhourangi and Ngati Whakaue. 
Today I remain absolutely confident that all iwi and mana whenua interests in the reserves will be able to participate in the arrangements for their management and allocation in the future. The recently concluded facilitation process conducted by Te Ururoa Flavell and John Clarke—whom I acknowledge for their hard work—and the staff of Te Puni Kokiri allowed iwi and mana whenua to discuss future management. I am pleased to hear that the four koromatua whakapapa lines will be the basis for mana whenua settlement. 
The Whakarewarewa and Roto-a-Tamaheke Vesting Bill supports cultural identity in so many ways including the fast-emerging trend of iwi management of critical cultural assets self-determination by Maori over the activities undertaken on and around the iwi kainga and the accompanying realisation of tino rangatiratanga. 
This bill also reflects the fact that the iwi parties have agreed to initiate a process after the bill becomes law that will allow iwi to determine the allocation of mana whenua interest in the land. The bill itself does not provide for this process to occur; this is a matter for iwi parties to determine. I understand that this process will be undertaken in accordance with tikanga. The mana whenua process may result in the reserves being administered by the hapu in whom the Native Land Court originally established ownership. This is exactly how it should be because at the end of the day mandating and management issues are always the domain of iwi and hapu to sort out. We all await the results with great interest. 
I remind the House that many of these issues have endured over generations and no doubt will continue to be the subject of debate amongst the people. I think that a comment from Ngati Whakaue might apply more broadly to all hapu and iwi implicated in this bill: “Hei aha noa ake i mate ai au ka tipu aku pakarito. It does not matter if I die; I am survived by my descendants.” We know that matters of land ownership and tino rangatiratanga are the issues most passionately contested jealously guarded and vigorously upheld by the people and they will continue to be so after this bill has passed. However I am absolutely confident that the iwi have the capacity within themselves to manage the mana whenua process in a way that reflects their tikanga and enhances the taonga associated with this land. There is no one else better and no one more capable than tangata whenua to manage their own whenua and the taonga associated with that whenua. 
I note that the iwi have agreed to maintain the reserve status which creates an ongoing relationship with the Minister of Conservation. It is a manifestation of their rangatiratanga their noble commitment to the Crown-iwi relationship; I am humbled by their graciousness. 
He tika tonu te whakamihi ki nga kaumatua o nga iwi nei kua ngaro i te kitenga kanohi. Moe mai ra e koro ma e kui ma i te po. Ka mihi hoki ki nga uri e whai tonu ana i nga moemoea o o ratau kuia o o ratau koroua mo te whenua tipuna nei. E hika ma tenei ka whakatutuki haere i te kupu a te Karauna i ki ai no koutou tenei whenua ma koutou e whakahaere. Kei te whakamihi au ki te wahanga o tenei pire e ki ana ma koutou ano e whakariterite te mana whenua i runga ano i o koutou tikanga. Kia kaha ki a koutou. Tenei ka tuku i te pire nei ki mua i te aroaro o te Whare.  
[An interpretation in English was given to the House.] 
[ 
I 
t is appropriate to acknowledge the elders of those tribes who have departed this life. Slumber there in the night ancient menfolk and womenfolk. I also acknowledge the descendants who are giving life to the dreams and aspirations of their old womenfolk and menfolk for this ancestral land. People this fulfils and gives effect to the commitment of the Crown that this is your land and it is for you to administer. I acknowledge the section of this bill that states that you the people alone will determine authority over the land according to your customs. Be strong in your endeavours. 
] 
I commend this bill to the House. 
Hon MITA RIRINUI (Labour) 
: 
 Otira kei Te Kaihautu hei tuatahi maku e tika ana kia mihi atu ra ki te riu o te waka o Te Arawa kua tatu mai i roto i te Whare i tenei ahiahi. Na ratou i haere tawhiti mai runga ano i te tumanako te tutuki pai ai te kaupapa i haria mai e ratau mai i te hau kainga tae noa mai ki te Whare Miere. No reira kai oku papa kai oku tuakana rangatira tena koutou tena koutou tena koutou katoa. 
[ 
Indeed the first thing for me Mr Assistant Speaker and appropriately enough is to acknowledge the bilge of the Te Arawa canoe which has landed here in the House this afternoon. They have travelled some distance in the hope that the matter they have brought here from home to the Beehive will be successfully completed. So greetings to you my fathers elder siblings and chiefs greetings to you all 
.] 
I briefly take this opportunity to acknowledge the presence of esteemed kaumatua my kaumatua from Te Arawa who have on many occasions travelled from their homes to support legislation to transfer iconic assets and iconic korero by way of legislation. It probably would suit them better to do it a different way without the need for parliamentary interference but we do not live in that type of society. So here we are today ensuring the passage of this particular vesting legislation. 
I also acknowledge the person who is not here in the House today the previous Minister of Maori Affairs the Hon Parekura Horomia and his determination to see Whakarewarewa and Roto-a-Tamaheke returned to its rightful owners the iwi that has been mentioned here today. I thank the current Minister of Maori Affairs Dr Pita Sharples for the historical overview he gave in terms of the importance of Whakarewarewa and the lands around Whakarewarewa and also for his support of the passage of this legislation. The Minister of Maori Affairs made a number of references to history but I do not particularly want to go into the history. It is a very emotional history. It is a history that goes back several decades to some tragic circumstances that happened to the people of Tuhourangi and Ngati Wahiao including Ngati Whakaue and this brought about a particular relationship that cannot be severed by this House or any future generations of Ngati Whakaue Tuhourangi or Ngati Wahiao. I will speak specifically about the technical aspects of the bill because it is less emotional and it is more appropriate for the second reading debate on this bill. 
To make my point obvious I support the Whakarewarewa and Roto-a-Tamaheke Vesting Bill and in doing so I declare as I did in the first reading debate on this bill a vested interest in it. In other words I am associated with this settlement. I also want to acknowledge the collective efforts of those members of the Maori Affairs Committee who over a long period of time heard submissions and went through a very difficult process to attempt to listen to all the views that were expressed particularly the concerns from a number of groups who attended the hearings in Rotorua. Having said that I think the Minister of Maori Affairs made a very very relevant point which was that some issues that were brought before the Maori Affairs Committee were best resolved by the iwi themselves. There is no way that this House can interfere or attempt to interfere with decisions that were made by the people the leaders of Te Arawa some several decades ago particularly at the time of the Mount Tarawera eruption with all the devastation that took place as a result of that. There was the loss of life loss of estates loss of communities and the displacement of people. 
As I said early on this is a very very important transfer. I also wanted to say that this is not the first time that this type of arrangement has been entered into particularly by the previous Government. As the Minister of Maori Affairs highlighted this is not a Treaty settlement; this is basically a transfer of assets to their rightful owners. 
I want to congratulate the Minister on acknowledging that point and also I want to acknowledge the Government for supporting the Minister with this legislation because it is a better way of settling longstanding grievances between iwi and the Crown. As I said earlier on this is not the first time this has happened. I recall that only weeks before the first reading debate on this legislation we also had in the House the third reading of the Mauao Historic Reserve Vesting Bill which basically ensured the return of the iconic maunga to the people of Tauranga Moana and the fee simple title to those people. This of course protected the iconic sites around the maunga and the history of the maunga by way of the Reserves Act. I congratulate the Minister and the Government on supporting him in that. 
Having said that I point out that there are other iconic places around the Bay of Plenty that deserve the same sort of attention and the same sort of treatment. I hope the Minister of Maori Affairs is able to persuade the Government to look at for instance the issues of Tuhoe in particular Te Urewera forest which is an indigenous forest that is probably recognised internationally as being one of the finest indigenous forests in the world. This is an issue for Tuhoe particularly in terms of the return of the fee simple title of Te Urewera forest to Tuhoe people. If the Government trusts Maori people to manage Whakarewarewa and Te Roto-a-Tamaheke and Mauao in a way that is of an acceptable standard—and I do not see any reason why it should not—then surely it can have enough trust to trust Tuhoe and other iwi around the country that want the same sort of settlement arrangements. 
So we are entering into a new approach. That new approach is one where iwi and the Crown sit down and ask each other whether they trust each other. They ask each other whether they can do this without having to open the history books and prove that they have an association with this particular piece of land this particular piece of forest these particular lakes this particular foreshore and seabed or these particular iconic sites. If both parties can say to themselves that there is a need for both parties to demonstrate trust then I am sure that all the issues that the Maori Affairs Committee has had to hear to deal with and to instruct officials to facilitate a positive outcome on will not necessarily need to happen. You see this process was delayed and I believe it was delayed unnecessarily. However there were those who felt that they were not part of the process or that their interests may not necessarily be protected or represented through this legislation. Therefore the Maori Affairs Committee had no option but to listen to and respond to requests by the Minister of Maori Affairs to allow in this case the member for Waiariki accompanied by Office of Treaty Settlements officials to facilitate meetings to progress the next important stages of this legislation. 
One thing we need to acknowledge is that although there was a positive outcome there was also an issue that was best dealt with between the respective iwi. If we can as I said earlier on develop a high level of trust between Crown and Maori we may overcome all those issues. In most cases and this legislation is one of those cases I think there may have been times when there was very little trust on either side of the table. As a former Associate Minister for Treaty of Waitangi Negotiations and having been involved in negotiations for this particular transfer I know that that was the case. 
There is always room for improvement and I have said to the member for Waiariki on many occasions that we can only get better at doing this. This particular method of transfer in terms of Whakarewarewa and Roto-a-Tamaheke is another case where trust has eventually been shown—I repeat eventually shown. 
I do not have much more to say. The Minister of Maori Affairs rightly highlighted all the technical aspects of this particular bill. I had intended to do so but I find myself running out of time. I say to those representatives of Te Pumautanga o Te Arawa who basically drove this process and the return of these iconic sites that I once again acknowledge their efforts particularly the difficult issues they had to deal with in terms of criticism ridicule and some very very uncomplimentary remarks that were made to them. They stuck with it; they did not run away or drop the ball. There were no hospital passes. They kept on with it and they made sure it came to a satisfactory conclusion. I acknowledge their presence here today. Kia ora. 
Hon TAU HENARE (National) 
: 
 I will not take up much of the House’s time. Suffice it to say that I support the second reading of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill and I support the job the Minister of Maori Affairs and the Maori Affairs Committee did. I congratulate Te Ururoa Flavell and John Clarke for their hard work in trying to get a couple of the sides together. I also acknowledge the representatives of the Pukeroa-Oruawhata Trust and Te Kotahitanga o Ngati Whakaue and those who represented Te Pumautanga o Te Arawa Trust. 
I leave for the last my views about Tuhourangi Ngati Wahiao but I put them in this light. As someone who is Ngati Hine-Ngapuhi I am Ngati Hine through and through. I whakapapa to Ngati Hine but I also whakapapa to Ngapuhi. Just because one is bigger than the other maybe in genealogical ties that does not mean the other organisation cannot have its place in the sun. Ngati Hine and Ngapuhi are moving this coming weekend to break away from one another. I hate to use the words “break away” because how can someone break away from an ancestral tie? One might establish a new regime but certainly someone cannot break away from his or her genealogical ties. My wish is that Tuhourangi would put in a comma in reference to Ngati Wahiao. I hope that one day that tie will move by and that the people there will realise that the issue was about nothing more than placing the mana where it would do the most good for both Tuhourangi and Ngati Wahiao. To me the argument was never about one being put over the top of the other; it was always about identity whakapapa and people generally wanting to be who they were just as lots and lots of people want to be Ngati Hine but not necessarily stop being Ngapuhi—if members understand what I mean. 
Hon Dr Pita Sharples 
: No! 
Hon TAU HENARE 
: The member does not understand? Well that is the Maori Party. 
I finish by saying that for any transfer of goods or services that the Crown can make happen must happen as soon as possible. To have to wait around for the economic development but not to have any tools to do the job is a bit much to expect of people. For the local people at home and those at Whakarewarewa I hope the transfer of assets can open up some new doors or avenues to economic development. Thank you. 
Hon NANAIA MAHUTA (Labour—Hauraki-Waikato) 
: 
 Tena koe. Tenei e tapiri atu aku nei whakaaro aku nei mihi ki a koutou o Te Arawa waka kua tae mai nei ki te tautoko te panui o tenei wahanga o te pire nei. Me te whakaaro ano ki a ratou e matakitaki mai i enei korero i runga i te pouaka whakaata. No reira tena koutou katoa. 
[ 
Greetings to you. I add my thoughts and acknowledgments to you the canoe of Te Arawa who have arrived here in support of this stage of the bill. I am mindful as well of those watching these addresses on television. So greetings to you all. 
]  
Kia ora Mr Assistant Speaker. I join with my colleague Mita Ririnui in acknowledging those who have travelled from afar from Te Arawa to listen to the deliberations on the second reading of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. I acknowledge the previous Minister of Maori Affairs Parekura Horomia and the previous Maori Affairs Committee for their work with the negotiators to ensure that the passage of this bill indicated a clear intent to resolve some of the historical grievances in this area. I acknowledge those who have negotiated long and hard to ensure that this transfer takes place. I also acknowledge the current Minister of Maori Affairs Pita Sharples and the current Maori Affairs Committee for their work. 
I will make a few contributions. I start by saying the passage of this bill has not been delayed by any decision on this side of the House. That has to be clearly stated. In fact within the context of moving forward Labour acknowledged that this transfer is in the Treaty settlement and that this is a step of goodwill and good faith taken within the context of the broader negotiations that were happening in the region of te Waiariki and certainly in the central North Island with regard to the larger central North Island collective of negotiations towards Treaty settlements in the area. I make the observation that when we can take a step of goodwill and good faith towards the bigger picture of addressing some of the historical injustices that have occurred to iwi throughout our whole country Parliament is taking a very clear and deliberate step that says it is absolutely necessary to continue to go down this path so that people can look forward. This bill is about more than just the transfer of land; it acknowledges the past. This is about ensuring that the future will remain intact in terms of how these iwi want it to look. This is an opportunity for all parliamentarians to say we actually think this is a good road to go down. With all those sentiments I am certainly very supportive of ensuring that this bill continues its passage to its final reading. 
A number of issues were raised by the Maori Affairs Committee one of which was the decoupling of Tuhourangi and Ngati Wahiao. Far be it from me to recite the histories that lie behind why that has been the case. In fact for my part I would like it to be recorded in  
Hansard  
that the history around the Tuhourangi and Ngati Wahiao relationship is best told by those people themselves. If at any point in the future people want to come back and use the passage of this bill as a reason for or against certain propositions let it not be on the basis of what parliamentarians say; let it be on the basis which I certainly support of Tuhourangi Ngati Wahiao and Te Arawa telling that story. It is inappropriate from my point of view for a Maori MP to put somebody else’s history in this House and use that as the absolute record. 
The second point that I would like to refer to is the general recognition that Te Arawa is no stranger to the opportunities of the present and of the future. They have demonstrated over time that they are entirely capable of managing their economic base of being able to provide for their people and of being able to look to the future. This is another small part of a bigger opportunity that is ahead for the people there. And so it should be because from my previous experience as Associate Minister of Tourism I know that the people of Te Arawa reflect who we are in terms of our identity as Maori people within New Zealand. They have a strong role to play and will continue to have a strong role to play in terms of how our identity as Maori is reflected within our own country and how it is perceived within the global community. I certainly want to acknowledge that because if we look at some of the further consequences of that and if we look at the role that Te Puia plays in its investment in Maori arts and crafts we see that historically and right up until this current day many of our own iwi are able to point to the opportunities that have been opened up to us by the old Maori Arts and Crafts Institute and now by Te Puia. 
The third point that I would like to make is raised with the greatest of respect to members of the Maori Party. It concerns the role that they took by appointing a Maori MP as a negotiator in this particular instance. I have a concern about where that leads the thinking of this House with regard to the absolute right of iwi to have a direct relationship with the Crown in their negotiations. There is a difficulty with Maori MPs acting as negotiators albeit they represent a constituency. We should not really take the role of a conduit and stand in the way of iwi having a direct negotiating role with the Crown. I believe that in principle. This puts us in a difficult situation because a precedent has been set by the Maori Party. But I am absolutely clear that in my rohe the Maori Party does not represent the Maori people. I say with the greatest of respect we should cautiously walk down this road before we start to say Maori electorate MPs can have a role in negotiating with regard to particular interests that we might have as our own hobby horses in our own electorates. We all have the same scenarios happening. Tau Henare raised one and we can point to the fisheries issues there. We have some issues too. But I hesitate and err on the side of caution in favour of a direct negotiating relationship between iwi and the Crown. Maori MPs per se should not be taking on that role. I caution future thinking in this regard with the greatest of respect. 
The bill is a clear signal that there is an optimistic future ahead for Te Arawa. The bill is a starting point; it is part of a bigger picture. I am absolutely confident that the people of Te Arawa will continue to walk down their path of self-determination opportunity economic benefit and growth for the well-being of not only their own people but also their region and certainly those of us at large amongst other iwi. I commend the bill to the House. I hope that its smooth passage to its third reading happens forthwith in a speedy way. Finally to the clerks of the committee and to all the advisers who provided advice to the Maori Affairs Committee tena mihi atu ki a koutou katoa. Kia ora mai tatou. 
CATHERINE DELAHUNTY (Green) 
: 
 Tena koe Mr Assistant Speaker Roy. Tena koutou katoa. Tena koutou Te Arawa iwi and hapu katoa. In acknowledging the travellers who have come so far and are still travelling on this journey towards resolution the Green Party supports the second reading of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. We appreciated Dr Pita Sharples’ historical korero regarding the whenua of Ngati Wahiao - Tuhourangi and Ngati Whakaue. It is very important to acknowledge the issue that Dr Sharples raised about the bill not being a Treaty settlement but a vesting law based on transferral of assets to their rightful owners. 
As a Pakeha I acknowledge that these matters belong to tangata whenua. It is through their generosity that the land itself in this case has also been given some reserve status. But I also feel whakama speaking about these matters when I do not know the place intimately as tangata whenua do. If we do not know how the land is how it smells at dawn and how the rivers run we do not understand what we are talking about when we talk about the return or the transfer of assets. Many of us grew up knowing very little about the realities for mana whenua of places such as Whakarewarewa. We went for our holidays and we enjoyed the visit but we did not even know how to pronounce the names. We learnt about the eruption of the maunga Tarawera without understanding the displacement effects not only of colonisation but also of the eruption and the complexities that it has led to. So it is really important that we now do some learning about these issues. I see these bills as opportunities for Pakeha to do some learning and to do some listening so that we understand a little about what people have been through in this country and what they are trying to achieve through these negotiations and engagements in terms of their whenua. 
I tautoko the Labour MP Mita Rirnui in regard to the issue of Tuhoe and the Urewera forest of which I also have a little knowledge and the importance of ongoing work to find positive ways to address issues of ownership and relationship. As we know justice delayed is justice denied. So we tautoko this bill through its second reading and we look forward to supporting it through its third reading. We honour all of the people on the Maori Affairs Committee both the current and the past and all the MPs who have been engaged with the bill but mostly the people themselves who continue to work through their issues. It is through a negotiation outside this place that the issues of mana whenua land and how it should be managed will be settled between the parties. It is not the role of us as Pakeha to decide on these matters but merely to offer our support to positive process. We support this bill through its second reading. Kia ora tatou. 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Koutou o te kainga tena koutou katoa i hara mai i te ra nei. I am pleased to take a call in the second reading of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. As we know this bill gives effect to an agreement negotiated by the Crown with Ngati Whakaue and the collective of Tuhourangi Ngati Wahiao on the basis of a proposal that was presented by them to the Crown on 1 April 2008. I would like to acknowledge the initiative shown by the representatives of these groups—namely the Pukeroa-Oruawhatu Trust Te Kotahitanga o Ngati Whakaue and Tuhourangi Ngati Wahiao representatives on the Te Pumautanga o Te Arawa Trust—in developing the proposal and approaching the Crown. 
This bill provides that the people of Ngati Whakaue and Tuhourangi Ngati Wahiao will be the owners of the Whakarewarewa Valley lands on the enactment of the bill. The fee simple estate in the Whakarewarewa Thermal Springs Reserve the Southern Arikikapakapa Reserve and the Roto-a-Tamaheke Reserve will vest in the Whakarewarewa Joint Trust which holds the titles on behalf of the beneficial owners. The reserve lands will be held by the joint trust until they are vested in iwi or hapu in accordance with the beneficial entitlement determination procedure which is set out in the trust deed establishing the joint trust. The joint trust will manage the leases of land to the New Zealand Maori Arts and Crafts Institute—Te Puia—as the administering body of the three recreational reserves as provided for under the Reserves Act 1977. 
The Waitangi Tribunal referred to the Whakarewarewa Thermal Springs Reserve as a taonga of great importance to the Tuhourangi Ngati Wahiao and Ngati Whakaue people. It will be a great day to witness the return of this taonga to the rightful owners. 
This bill comes out of agreements reached by the previous Government in the passage of the Te Pumautanga o Te Arawa settlement through this House. When the iwi mentioned earlier brought their proposal to the Crown they asked that the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve land on-vest from the Te Pumautanga settlement legislation and together with the adjacent Southern Arikikapakapa Reserve be vested in a joint trust of the iwi partners. This was partly because of the Waitangi Tribunal’s finding that Ngati Whakaue who were not included in the Te Pumautanga settlement should be recognised as owners in common with Tuhourangi Ngati Wahiao of the valley. This bill achieves that purpose. 
The matter of coupling of iwi was one that the Maori Affairs Committee heard a lot about in the Pumautanga settlement over a year ago. Some of Ngati Wahiao for example made their concerns heard about being coupled with Tuhourangi not just in terms of the Te Pumautanga settlement at the time but also knowing its relevance to this particular bill which followed closely behind it—on 23 September 2008 to be precise. 
This bill was referred to the Maori Affairs Committee. Sixteen submissions were received and 14 of them were heard. I believe that the people definitely want settlement but the key issues again related to the coupling of Tuhourangi Ngati Wahiao and therefore mandate issues and the process to be used to determine mana whenua over the Whakarewarewa Valley. No such issues were raised for Te Kotahitanga o Ngati Whakaue or the Pukeroa-Oruawhata Trust and I hope representatives of these groupings will forgive me if I do not spend too much time on their part of the discussions. Dr Sharples himself having heard the issues during the Te Pumautanga settlement and with those same issues again being raised in the select committee process as Minister of Maori Affairs wanted to be assured the resource itself would end up in the hands of the appropriate koromatua the appropriate hapu. The Minister as other speakers have said despatched Mr John Clarke and myself to facilitate discussions between all parties involved. As the select committee noted this was “to seek assurance that Ngati Wahiao may participate in the structure set up to receive the … lands … and … are appropriately represented in the Beneficial Entitlement Determination Procedure …”. 
Can I firstly acknowledge those of the Pukeroa-Oruawhata Trust Te Kotahitanga o Ngati Whakaue Te Pumautanga and their representatives from the collective of Tuhourangi Ngati Wahiao as well as those of Te Maru o Ngati Wahiao for contributing to the process. It was very much appreciated. After initial discussions with all parties the main negotiations were between Te Pumautanga represented by Tuhourangi Ngati Wahiao representatives and Te Maru o Ngati Wahiao. The following matters were considered and general agreement reached and I might also advise that the following discussions were presented to the Maori Affairs Committee. The committee’s report back to the House was based on the facilitation process. 
There were two ways of providing the assurance the Minister was after. Firstly there was a commitment to complete the process to fill the vacancy on the Whakarewarewa Joint Trust. Tuhourangi Ngati Wahiao are represented on the Whakarewarewa Joint Trust by three trustees and Ngati Whakaue are represented by four trustees. There is one remaining vacancy for Tuhourangi Ngati Wahiao which could be filled. I am pleased to report that it was agreed that a hui will be held at the Wahiao meeting house where nominations for the vacant position will be taken from the floor. A vote will also be taken at the hui to elect the fourth representative on the joint trust. Eligibility to vote will be according to those registered with either the Te Pumautanga o Te Arawa Trust or the Tuhourangi Tribal Authority or by signing a statutory declaration at the hui. I believe that there was a determination to complete this as soon as is practicable. 
The other way was to predetermine the process to decide on negotiators who would determine mana whenua issues as required under the beneficial entitlement determination procedure which is set out in the trust deed establishing the joint trust. I am pleased to report that in terms of Tuhourangi Ngati Wahiao there was clear agreement from the parties that the mana whenua matters should be negotiated by representatives of each of the separate koromatua hapu in the bill—namely Tuhourangi Ngati Hinganoa Ngati Tukiterangi and Ngati Huarere—when in discussions with Ngati Whakaue and the Pukeroa-Oruawhata Trust. This is an important principle that will ensure that the negotiations will be done by elected representatives of the original owners. 
The expectation as set out in the deed of trust is for “kanohi ki te kanohi discussions with each other with a view to reaching agreement as to the ownership of the Lands” to be guided by agreement on the tikanga to apply to the process with an expectation of korero rangatira—namely “open principled trustworthy dialogue by rangatira with authority to commit their hapu;”—to attain consensus and for mediators to be appointed at any time if required to assist. 
The great thing about this was that there was prior general agreement to the process and this has given the Minister of Maori Affairs confidence that the beneficiary owners will determine their negotiations. Even minor details were set out such as Te Puni Kokiri managing the agreed process and acting as independent returning officers and independent scrutineers being available during the registration nomination and voting stages of the agreed process. 
In brief the process would possibly look something like this. A newspaper notice would invite registrations by Tuhourangi Ngati Wahiao people for the purpose of electing mana whenua representatives. This registration was to be for that purpose only. Beneficiaries would nominate their main whakapapa line and also note their own whakapapa connection. The whakapapa would need to be endorsed by any two of four agreed whakapapa experts. Once the registration closed the publicly notified hui-a-iwi would be held at the Wahiao meeting house to decide the process for electing the mana whenua representatives. The question in the end was whether beneficiaries could nominate their main koromatua line and vote only once under that line or vote under every koromatua line to which they affiliate. That vote would determine how the people voted and the whole election process could then kick in. 
The fact that the Tuhourangi group and the Te Maru o Ngati Wahiao group stayed with the discussions for some 3 months might indicate a commitment to find a way forward and I acknowledge them for that. Was it all plain sailing? No but the parties stayed with the task almost to the end. I can say that we as facilitators and indeed the Te Puni Kokiri officials were so convinced that we had reached agreement that the bill was reported back to the House on the assumption of agreement resulting from the process. An agreement as such has not been agreed to date but the Minister is clearly happy to advance the bill on good faith and the integrity of the parties that an agreed process will be followed and to that end the bill should advance. At a recent meeting with the Minister of Maori Affairs I understand the Tuhourangi trustees have agreed to have a hui-a-iwi that will confirm an electoral process. 
In closing I am sure that the Tuhourangi Ngati Wahiao and Ngati Whakaue people will administer the reserves in a way that ensures they can be enjoyed by generations of New Zealanders and overseas visitors for years to come. I thank Mr John Clarke for his quiet wisdom his thoughtful consideration and his guidance of the facilitation process. We were ably assisted by Jonathan Easthope of Te Puni Kokiri. Ka nui te mihi ki a koutou. We had advice from Dr John Tamahori and Tom White when needed. I thank them all so much. I commend the bill to the House. No reira tena koutou tena koutou kia ora tatou katoa. 
PAUL QUINN (National) 
: 
 Tena koe Mr Assistant Speaker Roy. Tena koe e te Whare. Tena koutou nga rangatira o Te Pumautanga. Nau mai haere mai. Haere mai ki te Whare. Tena koutou tena koutou katoa. 
I will take just a short call on the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. Much of what I was going to say has been covered by the previous speaker Te Ururoa Flavell so I look forward to covering the more technical aspects during the Committee stage. 
I acknowledge the previous speakers. The Minister of Maori Affairs and to a lesser extent my cousin Mita have covered some of the history so I will not do that. I was disappointed by the contribution of Nanaia Mahuta who chose to play politics on this issue. She was way off line with her facts and for someone who seemed to fly in from nowhere in the select committee deliberations which I cannot recall her sitting in I thought that her contribution— 
Hon Darren Hughes 
: I raise a point of order Mr Speaker. If the member is so concerned about tikanga he might care to reflect on the Standing Orders stating that members cannot refer to the absence or presence of members in the House or in select committee proceedings. 
The ASSISTANT SPEAKER (Eric Roy) 
: The member is quite right. I did not pick up that the member who was speaking had done that. I was still engaging with the points he was making in relation to the debate. The member must not refer to the absence of any member. 
Hon John Carter 
: I raise a point of order Mr Speaker. I think there may have been a misrepresentation by the member who made the point of order. The fact was that the member on his feet was not referring to the absence of someone currently on the select committee but to a historical select committee process. That is quite a different issue and the point of order needs to be taken in that context as I understand it. 
The ASSISTANT SPEAKER (Eric Roy) 
: It is out of order to refer to the absence of a member from a select committee. I have made the caution and I ask the member to continue. 
PAUL QUINN 
: Thank you Mr Assistant Speaker Roy. The honourable member from the other side of the Chamber has drawn attention even more so to the fact that the contribution of Nanaia Mahuta was very poor indeed leading him to support it in some way. It demonstrated a clear misunderstanding of the issues discussed and the excellent work done by my colleague Te Ururoa Flavell. She called him a negotiator when in fact he facilitated a very tight process following the very untidy issues left by the previous administration. That deserves credit. 
One of the things I want to highlight here is that this is the second of three bills put together by the previous administration in the rush of its dying days to pass some Treaty settlement legislation. It left a lot of loose ends that of themselves may well have appeared small but the reality is that they were very contentious. We saw that in the last settlement bill that went through this House the Port Nicholson settlement in respect of Ngati Poneke and we have seen it again in this one. My learned colleague Te Ururoa Flavell has outlined in a lot more detail the technical aspects around that settlement. The reality is that there had to be some work done. A considerable number of people were concerned about one particular aspect of the bill and his support in working through those issues to get agreement with all the parties concerned deserves mention. I think also the genuineness with which Ngati Whakaue Tuhourangi and Te Pumautanga o Te Arawa entered into the spirit of cooperation to resolve this particular issue also deserves recording. 
I also take the opportunity in this second reading to thank the chairman of the Maori Affairs Committee who guided us through this thorny issue keeping in contact with the Minister and trying to find a pathway through. I think the work he was able to achieve in pacing the committee to ensure a solution was reached reflects well on him. With those few words I do not have much more to add other than to commend this settlement to the House. I look forward to debating the technical aspects during the course of the Committee stage. Thank you. 
KELVIN DAVIS (Labour) 
: 
 Te mea tuatahi maku e mihi kau atu ki a koutou e nga whanaunga i takahia mai te huarahi mai i Te Arawa. Ka nui nga mihi atu ki a koutou i tae mai ki konei ki raro i te maru o tenei tuanui hei whakarongo ki te panuitanga tuarua o tenei pire. Na reira tena ra koutou. 
[ 
The first thing for me is to extend fond greetings to you the relatives who travelled here from Te Arawa. I appreciate your presence greatly beneath the haven of this roof as you listen to the second reading of this bill. Therefore greetings to you indeed 
.] 
Being a new member I found it an immensely humbling experience to be part of the Maori Affairs Committee which heard the submissions on the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. We flew up to Rotorua there was a packed house and we heard a number of emotional submissions regarding this bill. It is indeed an honour and as I say humbling. There was also a bit of sadness in realising the extent to which our iwi have been deprived of their lands over the last 200 or so years. Our whanaunga from Te Arawa Ngati Whakaue and Tuhourangi Ngati Wahiao in the day would have owned all the land—[ 
Interruption 
]—much of the land that we could see as we were flying into Rotorua airport. But we saw that we were talking about a very small parcel of land. It is a story that has been repeated across Aotearoa in all iwi. It is very sad to see that this has happened over and over again but it is also a joy to be part of a select committee that is looking to return land to our iwi. 
When I go to Rotorua in my role as tourism spokesperson for Labour I see everything that is on offer around Whakarewarewa Village and its surrounds. It brings to mind the reason why tourists come to New Zealand. They come to experience our landscapes—and Rotorua has beautiful and unique landscapes—and they come to experience our culture. What binds our landscapes and our culture together is our people. The people of this area are not just telling their story; they are living the story. They are living their story and they are sharing it with the world. For that I thank them. 
A number of people have spoken about the technical side of this bill and I too will go over it. The Whakarewarewa and Roto-a-Tamaheke Vesting Bill gives effect to the deed to introduce vesting legislation in relation to the Whakarewarewa land and the Roto-a-Tamaheke Reserve signed on 5 August 2008 by the Hon Dr Michael Cullen the Hon Parekura Horomia and the Hon Damien O’Connor on behalf of the Crown and representatives of Ngati Whakaue Tuhourangi Ngati Wahiao and Te Pumautanga o Te Arawa. In simple language this bill enables the transfer of the Whakarewarewa Thermal Springs Reserve and the Arikikapakapa Reserve currently vested in the Crown to Te Pumautanga o Te Arawa Trust. This means the iwi partners of Ngati Whakaue and Tuhourangi Ngati Wahiao collectively will become the landowners of this area. For clarity the area comprises the Whakarewarewa Thermal Springs Reserve the Southern Arikikapakapa Reserve and the Roto-a-Tamaheke Reserve. These lands surround Whakarewarewa Village. 
The village itself has always been in Maori ownership and is not affected by the bill. The lands include the Pohutu Geyser and other iconic tourist attractions. As agreed by the iwi parties the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve will transfer from Te Pumautanga o Te Arawa trustees to the Whakarewarewa joint trust the day after the affiliate Te Arawa iwi and hapu legislation passes. The bill recognises the cultural traditional historical and spiritual importance of this area to the iwi. The Whakarewarewa joint trust has been established for the purpose of administering these lands as well as providing for the more generalised interests of all New Zealanders. It is really important to note that all New Zealanders can enjoy the wonders of this small piece of land. 
The bill continues the positive progress made by iwi across the Bay of Plenty region in strengthening the Crown-Maori relationship through both Treaty settlements and contemporary initiatives like this one and I applaud everybody who has been part of making this happen. My genuine hope is that we can settle these land issues as quickly as possible so that iwi can have the land returned to them and we can set about being successful as Maori with our taonga intact—or as intact as they can be considering the amount of land that we have lost over the years. The lands will retain their recreation and reserved status under the Reserves Act 1977 the leases to the New Zealand Maori Arts and Crafts Institute will continue and the protections of conservation values contained within the Reserves Act will remain. 
A large number of hapu and iwi entities were involved in this initiative representing a diverse range of interests. This meant that the negotiations for the transfer of these lands were always going to require the determination goodwill and generosity of those iwi and hapu representatives. The bill represents more than a simple land transfer from the Crown to Maori subject to the provisions of the Reserves Act 1977. The wider motivations for the Crown and iwi negotiators included an agreement to vest the fee simple estate in those reserve lands outside the Treaty settlement process. By doing so the mana of the land of the people of Ngati Whakaue and Tuhourangi Ngati Wahiao will be recognised and a stronger relationship can continue to be built. 
As we have heard some submitters requested that Tuhourangi and Ngati Wahiao not be coupled together but that they instead be represented separately. They felt that their mana whenua and rangatiratanga status over the Whakarewarewa Valley land were quite separate. The reference to the Tuhourangi Ngati Wahiao affiliate of Te Pumautanga is well established and has been accepted by the Crown throughout the various mandating processes managed since 2003 by the Kaihoutu Executive Council and Te Pumautanga. Although the bill could be amended to reflect a decoupling of Tuhourangi Ngati Wahiao this would not properly address the concerns of submitters and it would affect the underlying relationships between the Crown and Te Pumautanga and between Te Pumautanga and its affiliates. An amendment to the trust deed to allow decoupling would require a unanimous resolution of the trustees a general meeting of the beneficiaries to approve the trustees’ resolution and an approval resolution passed by a majority each of Ngati Whakaue and Tuhourangi Ngati Wahiao present at that meeting. The Maori Affairs Committee did not consider it appropriate to use legislation to provide for separate representation in relation to the bill because the decision of Tuhourangi Ngati Wahiao to form a single affiliate of the joint trust Te Pumautanga was made by iwi members through a mandating process. 
I acknowledge again the people from Te Arawa who have come to listen to this debate on the second reading of this bill. I thank them for their patience over the time taken for this settlement to draw to its conclusion. I sincerely hope that the return of this land enables Te Arawa whanui Ngati Wahiao - Tuhourangi and Ngati Whakaue to forge ahead for the benefit of all members of the iwi so that they may continue to move ahead as an iwi for the benefit of nga whakatupuranga kei te haere mai. Na reira huri noa i te Whare tena koutou tena koutou tena tatou katoa. 
TODD McCLAY (National—Rotorua) 
: 
 It is a pleasure to rise to speak on the Whakarewarewa and Roto-a-Tamaheke Vesting Bill today and to take part in this debate as the member of Parliament for Rotorua. I want to recognise for a moment the people of Te Arawa who have travelled from Rotorua to be here today. It is a significant day. I say kia ora to them. They are very welcome here; this is their House. 
I recognise that a lot of progress has been made in a very short period of time and that the agreement locally and in this House has been possible only because of the commitment of a number of people. In saying so I recognise the leaders those who are mandated to negotiate and those who offered the mandate to iwi in Rotorua to recognise Ngati Whakaue Tuhourangi and Ngati Wahiao. I recognise Te Ururoa Flavell the member of Parliament who represents this area and John Clarke for their work and I also acknowledge the previous Government which started this work. It is important for us in Rotorua to recognise the work of those who have played an important part in getting us to where we are at today. 
The land that we are talking about as part of this process is an important part of Rotorua’s history. It is the basis for Rotorua’s culture and it is an important part of Rotorua’s future. I also recognise and remember that people lived on this land long before the city of Rotorua was founded. The Whakarewarewa Valley and its surrounding land is beautiful and in light of my visits there I say that the valley is as rich as the people of this land are generous. I recognise the great welcome that my colleagues and I have always received when going to that part of Rotorua. I was there earlier this year with our Prime Minister John Key and we visited Te Puia. Quite exceptional things have always happened in this valley and the situation today is no different from that. I also had a wonderful opportunity earlier this year to visit the Whakarewarewa Village on Waitangi Day when the gates were open for thousands of people to come and celebrate that great day for New Zealand and also to learn about culture and history. It was a privilege for me to be there. I believe that all the people of Rotorua will share in the benefit of this land transfer. I acknowledge the importance of this debate today and what it will mean when this legislation passes into law. 
Often we focus too much on the past and look too much behind us but I will address for a moment the opportunity that this bill will provide. I recognise the importance of tourism and of Maori tourism in particular and the role that this valley will play in empowering the local people. Many many years ago on this land in Rotorua lived a guide who was really famous if we read our history books—Makerete Papakura or Guide Maggie as she was known at the time—for the work that she did at the time. Her descendants still live in this area and in this place. Guide Maggie or Makerete said a people is a great and living people only as it is mindful of its heritage and this bill today is about recognising that heritage. I support this bill and I look forward to the day when the gates between the Whakarewarewa Village and Te Puia are again open so that people can walk freely through the valley and enjoy its great beauty as they were able to many years ago. It is a privilege to be able as the member of Parliament for Rotorua to support this bill. Thank you. 
HEKIA PARATA (National) 
: 
 Tena koe e te Mana Whakawa huri noa i to tatou Whare tena koutou katoa. Huri hoki aku mihi ki a koutou e tautoko ana i nga mihi kua mihia ki a koutou Te Arawa waka i hara mai nei mai i Te Puku o Te Whenua ki Te Upoko ki te whakarongo i nga korero e pa ana ki te whanuitanga o te pire i tenei wa. A e tautoko ana i runga i toku whare tamariki aku tamahine me o raua honotanga ki nga kawai whakapapa o Te Arawa. Tena koutou tena koutou tena rawa atu koutou. 
[ 
Greetings to you Mr Assistant Speaker and to you all throughout our House greetings. My acknowledgments turn to you as well who supported the greetings bestowed upon you those of the canoe of Te Arawa who travelled from the Abdomen of the Land to the Head to listen to speeches relating to the bill broadly at this stage. And I endorse that because of my children my daughters and their genealogical ties to Te Arawa. Greetings greetings and fond greetings to you collectively 
.]  
I stand to speak in support of the second reading of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. I acknowledge both the previous Minister of Maori Affairs the Hon Parekura Horomia and our current Minister of Maori Affairs the Hon Dr Pita Sharples as well as the Maori Affairs Committee members who have worked together on this bill to bring it to this stage of its consideration. Many speakers before me have already rehearsed the details that are contained within the bill so I shall not do that again. But I will talk about the core purpose of this bill which is to restore mana whenua. Its purpose is to provide a base back to the people to whom this whenua belongs and to whom it has always belonged. That is so whether or not there was legal title or recognition because it is through the actual lineage that there is relationship with that land. The purpose is so that we might start to see again the practice of rangatiratanga. 
We can talk all we like about rangatiratanga whether of the tino variety or the ordinary variety but unless we have whenua and we have whanau hapu and iwi connected with that whenua we really are talking only. So I am delighted that this bill the Whakarewarewa and Roto-a-Tamaheke Vesting Bill takes another step towards that because it is important that iwi—and the ones we are talking about today are Ngati Whakaue Tuhourangi and Ngati Wahiao—are able to govern and manage their own affairs to work in the development of their own whenua and own businesses and to create wealth for themselves and for their future. That is what is important in part about the restoration of this mana whenua. 
We have seen not only in the bill itself but in the processes around it that the objective of the Crown and the iwi in this legislation is to engage in a healthy relationship and that is a very important thing for this House and for Te Arawa. It is equally important that the iwi themselves are able to engage in relationships with each other with their hapu and with their whanau and I think the bill provides certain procedures to ensure that that occurs. But the real work will be done by Te Arawa people themselves because members of Te Arawa must go on and live with continue to invest whakapapa relationships in—intermarry and have children—and go on to create the stories of the future around that whenua. Even though it is important that there is a Crown-iwi relationship it is almost more important that there are iwi to iwi and hapu to hapu relationships. I hope the procedures set out in the bill are simply that and that the real work is done amongst and between the people. 
I will respectfully disagree with our colleague from the other side of the House who talked about the concerns around the involvement of the member for Waiariki Te Ururoa Flavell in this process. It is entirely appropriate that the Minister of Maori Affairs should place so much importance on getting these matters right that he asks a member of this Parliament and therefore a representative of the Crown to be involved in Crown-iwi relationships. I acknowledge the facilitation work carried out by my colleague Te Ururoa Flavell and I acknowledge the Minister of Maori Affairs for considering that it was of such importance that he should ask a member of this House to be involved. 
As I have already said—and I will not talk for very much longer on this bill—I think it is important that we have the opportunity to practise rangatiratanga with mana over our whenua for all of our people so that we might build our own businesses create our own wealth and practise the self-determination that I understand to be at the core of rangatiratanga. I am delighted to stand in support of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. No reira tena koutou tena koutou kia ora tatou katoa. 
Bill read a second time.