Whakarewarewa and Roto-a-Tamaheke Vesting Bill — Instruction to Committee In Committee Third Reading 
Whakarewarewa and Roto-a-Tamaheke Vesting Bill — Instruction to Committee In Committee Third Reading 
[Volume:658;Page:7564] 
Whakarewarewa and Roto-a-Tamaheke Vesting Bill 
Instruction to Committee 
Hon GERRY BROWNLEE (Leader of the House) 
: 
 I seek leave for this bill to have its Committee of the whole House stage heard as one debate across all parts of the bill with one question at the conclusion of this stage. 
The ASSISTANT SPEAKER (Eric Roy) 
: Leave is sought for that purpose. Is there any objection to that course of action? There appears to be none. 
In Committee 
Preamble clauses 1 and 2 Parts 1 to 3 and schedules 1 and 2 
Hon MITA RIRINUI (Labour) 
: 
 I thank the Leader of the House for agreeing to have the Whakarewarewa and Roto-a-Tamaheke Vesting Bill debated as one question in the Committee stage. I also briefly acknowledge the contribution of the current Minister of Maori Affairs the Hon Dr Pita Sharples. The fact that he decided to remain in support of the bill is quite significant. Having said that I think that most of the acknowledgment needs to go to the previous Minister of Maori Affairs the Hon Parekura Horomia who took responsibility for this major project outside the Treaty settlements process and agreed to have these longstanding issues with Te Arawa and the Crown resolved. To that end the Maori Affairs Committee also did a very very good job in ensuring that this bill was subjected to considerable scrutiny. It ensured that everyone with an interest in the bill had the opportunity to make submissions and have their say. 
The transfer of such assets is quite significant but the assets have been held in Crown ownership for many decades. As a result the shape of the bill required to transfer these assets is quite technical given that the assets were held under the Reserves Act 1977. Because of that we find a lot of technical recommendations and technical language and discussion around the transfer. We also have to acknowledge that for some considerable period of time the iwi of Te Arawa have constantly protested to the Crown for a lot of their assets or taonga that were removed by consecutive Governments to be not only reinstated but also acknowledged in law. This is seen to be a proper move. 
To that end my contribution to this part of the debate will be around the bill’s history and the decision of the previous Labour-led Government to do the right thing and have these assets transferred back to their rightful owners. Having said that I declare that I have a vested interest in this particular bill and I will let other members sitting across the Chamber make their own declarations in terms of their interests in it. 
Once again I congratulate the current Minister of Maori Affairs on having the fortitude to support this bill. I understand that he has submitted Supplementary Order Paper 82 to the Committee but members on this side of the Chamber are not concerned about the implications of that Supplementary Order Paper because we understand that it is a necessary move—as I said before it is a technical move—to clarify the transfer and the manner in which the reserves will be held. 
We also need to acknowledge the commitment of the Te Pumautanga o Te Arawa Trust. In the first instance it will be responsible for the management of the assets that are to be transferred. I have no doubt that it will fulfil all the obligations that are required of it even though the bill refers to it in only a very very—I would not say ambiguous—low-key manner. Its role in terms of the ongoing management and eventual subdivision of these assets should it decide to do that will be a huge undertaking. I am sure that those who have a beneficial interest entitlement in the transfer of the assets will be watching those decisions very closely and also the debate on the lead-up to the decisions. 
As I said the Committee is dealing with the bill as one debate across all parts. It is not often we do that but today it is a very good move. Members on this side are very happy with the outcome of the entire process. 
I acknowledge the contribution of the previous Minister of Maori Affairs under the previous Labour-led Government— 
Paul Quinn 
: Who was that? 
Hon MITA RIRINUI 
:—and the current Minister of Maori Affairs and all the support that this bill had on the Maori Affairs Committee including from those members who continue to interject in the Committee stage although they made no substantial contribution to the consideration of this bill in the select committee. I say that the Government has a new head of wisdom in the member for Tauranga Simon Bridges and I am sure that with his track record he will lead them in the right direction. 
Hon Dr PITA SHARPLES (Minister of Maori Affairs) 
: 
 I will take an early call just to explain the relationship between the parties involved in the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. First of all I say I agree with the previous speaker Mr Mita Ririnui that it is good to take the bill through its remaining stages as one debate. 
Hon Mita Ririnui 
: The honourable! 
Hon Dr PITA SHARPLES 
: I agree with the very Hon Mita Ririnui. Two of the three reserves that are being vested through this bill the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve were originally part of the affiliate Te Arawa iwi and hapu Treaty settlement. It was decided that Ngati Whakaue should also receive these reserves. In order to allow that process to occur it was decided to remove the land from any Treaty settlement. 
The return of the land to the iwi is part of the ongoing initiative to strengthen the relationships between central North Island iwi and the Crown. The Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve were originally offered to Te Pumautanga o Te Arawa as part of its Treaty settlement as it represented the collective interests of Tuhourangi Ngati Wahiao. The Waitangi Tribunal recommended that Ngati Whakaue should be included given its interests in the Whakarewarewa Valley land. Ngati Whakaue was not affiliated to Te Pumautanga o Te Arawa so an agreement was reached with Te Pumautanga o Te Arawa to take the two reserves out of the affiliate Te Arawa iwi and hapu settlement and together with the Southern Arikikapakapa Reserve vest all three reserves in a joint trust. 
That is the background to the bill that we have before us. In order for Te Pumautanga o Te Arawa to fulfil its responsibilities to its affiliate members it asked that the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve still be vested in it through the affiliate Te Arawa legislation and then immediately on-vested in the joint trust. The agreement of Te Pumautanga o Te Arawa was thus required for the vesting deed in this bill. So the issue of these reserves has had a long journey. It is no longer part of a claim but is now simply part of this vesting bill. 
KELVIN DAVIS (Labour) 
: 
 It gives me pleasure to speak in the Committee stage of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. This bill brings together a number of parcels of Maori land that had been under Crown control for a number of years and it consolidates the land as it rightfully should into Maori ownership. 
As my colleague Mita Ririnui did I acknowledge the efforts of the Minister in the chair the Hon Dr Pita Sharples as well as the previous Labour Minister of Maori Affairs the Hon Parekura Horomia. They have progressed the bill through to the Committee stage. I acknowledge the other members of the Maori Affairs Committee led by Tau Henare and also Paul Quinn and Simon Bridges. I also acknowledge these tribes that are involved: Ngati Whakaue Tuhourangi Ngati Wahiao and Te Pumautanga o Te Arawa. As Mita Ririnui said this is a technical bill. It has involved a lot of discussion and talk in getting it to the Committee stage. It is a pleasure that we are almost at the point of finalising this bill and moving it into law. 
For me it is really important that not only the parcels of land we are talking about in Rotorua but also all Maori parcels of land that have been in disparate ownership are brought together so that they can be of use to their rightful owners. As I said in my second reading speech it is important to bring this closure so that those tribes can make progress and move forward for the benefit of their people. It is also important to note that the lease of the land to Te Puia will remain in reserve status. That piece of land has significance to all of New Zealand. It is a wonderful tourist attraction and it is a showcase for Maori talent. In particular there is a weaving institute a Maori carving school and the adjacent geysers. 
Again I acknowledge all the work that has been done to bring this bill to where we are at for the benefit of those tribes that we have spoken about. Thank you. 
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rawhiti) 
:  
E tika ana ki te mihi atu i a koutou i tae ake ki te tautoko otira i a koutou nga mea pakeke o Te Arawa whanui. Tena koutou. 
[ 
It is appropriate that I acknowledge you the elders of Te Arawa at large who have arrived in support. Greetings to you. 
] 
Most that has needed to be said has already been said by my two colleagues. I commend the Minister of Maori Affairs for continuing with the journey and ensuring that Te Arawa people and those iwi and hapu involved reach the point they want to reach. Certainly the fee simple estate is something those people will relish. It is nothing new; this has been a long long argument and disagreement with the Crown and putting it to rest in this fashion is most encouraging. There are issues around the arts and culture establishment Te Puia but what needs to be commended is the way in which these have been taken forward. There were early tensions. There still is some tension if we are honest about it but that is for the people to fix up and put right. 
The joint trust that has been established for the purpose of administering these lands is something that will have a lot of influence—that is influence that the people did not have before. Some things related to the Conservation Act and those issues deemed to involve the periphery of the lakes and the forestry are in a category where they cannot be put asunder but—members should make no bones about it—this bill will give the trust and the organisation the right to determine and define what happens for their people. That is something that has been long lost. The village has always been in Maori ownership but it is certainly important to ensure that the people have the right to have their say and that they are not overrun by antiquated laws invoked by the local authority and the Crown. 
The bill of course represents more than a simple land transfer from the Crown to Maori. Subject to the provisions of the Reserves Act 1977 the wider motivation for the Crown and iwi negotiators included an agreement to vest the fee simple estate in those reserved lands outside the Treaty settlement process as the Minister himself said. By so doing the mana of the land of the people of Ngati Whakaue Tuhourangi and Ngati Wahiao will be recognised with a stronger relationship which can be continued and built on. 
I especially want to mention Te Pumautanga o Te Arawa who made a choice to mediate and to be in the first instance the iwi to whom these lands were unloaded but the lands will go on immediately. There is not much more that I can say about that but it is certainly encouraging. I commend the present Minister of Maori Affairs for taking the bill through and I thank the previous Minister of Maori Affairs very much! Kia ora tatou. 
The question was put that the amendment set out on Supplementary Order Paper 82 in the name of the Hon Dr Pita Sharples to schedule 1 be agreed to. 
Amendment agreed to. 
Preamble clauses 1 and 2 Parts 1 to 3 and schedules 1 and 2 as amended agreed to. 
Bill reported with amendment. 
Report adopted. 
Third Reading 
Hon Dr PITA SHARPLES (Minister of Maori Affairs) 
: 
 I move  
That the Whakarewarewa and Roto-a-Tamaheke Vesting Bill be now read a third time 
. Tena koe Mr Assistant Speaker Roy. Tena tatou katoa e te Whare. Tena koutou e nga uri o Te Arawa waka kua hara mai nei ki te tautoko i te whakaturetanga o te pire nei. Na reira nau mai hara mai ra koutou. 
[ 
Thank you Mr Assistant Speaker Roy and to us all in the House. Greetings to you descendants of the Te Arawa canoe who have come in support of the passing of this bill into law. And so welcome welcome. 
] 
This bill gives effect to the deed entered into by Ngati Whakaue Tuhourangi Ngati Wahiao and Te Pumautanga o Te Arawa trustees and the Crown to transfer the Southern Arikikapakapa Reserve the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve to Ngati Whakaue Tuhourangi and the koromatua o Ngati Wahiao. 
We often say: “Ko Papatuanuku te matua o te tangata.” That literally means: “The land is the parent of the human race.” Our love for our whenua is likened to the love we have for our mothers. At birth our whenua is returned to her; at death we are reunited with her soil. Therefore it is only fitting to reflect on two who have so recently returned to the soils of their whenua. I am referring to Arapeta Tahana the former chair of Te Arawa Lakes Trust board and Sir Howard Morrison of Ngati Whakaue. The legacy of these two leaders will continue to be felt in this bill and it is only right that we honour their vision and their unique contributions as we mark this historic third reading today. Haere ra korua otira nga mate katoa o Te Arawa waka o te motu whanui. Moe mai ra koutou i nga manaakitanga o te wahi ngaro. 
[ 
Farewell indeed to you two and to all of the deaths of the Te Arawa canoe and of the nation at large. Sleep there in the care of the place of the departed. 
] 
I say from the outset that at the heart of this bill is a special connection to the land: mana whenua. As we know mana over whenua can come to people through succession through the spilling of blood to cement relationships even through the spirit of generosity or as a sincere act of compassion or aroha. Then there are the courts but we do not want to go there. The Whakarewarewa and Roto-a-Tamaheke Vesting Bill reflects a unique milestone in that all parties have agreed to initiate a process after the bill becomes law that will allow iwi to determine the allocation of mana whenua interests in the land. The bill itself does not specify how this process should occur. It is a matter for iwi and hapu parties to determine and the process will be undertaken in accordance with tikanga. A key principle we have respected is that mandate and management issues are always the domain of iwi and hapu to sort out in accordance with their tikanga. 
I place on record from the outset my heartfelt appreciation of everyone who has travelled here today to witness this distinctive agreement to transfer these special lands to the iwi of Tuhourangi Ngati Wahiao and Ngati Whakaue. Reaching the third reading of this bill has required considerable dedication to the task from all of the parties involved. I acknowledge the commitment of Ngati Whakaue. The bill has benefited from the leadership of Pihopa Kingi and the trustees of the Pukeroa-Oruawhata Trust: Malcolm Short Alec Wilson and also Rawiri Rangitauira. I acknowledge too their dedication in wanting to exercise the tribal responsibility to uphold the expression of manaakitanga to others across the rohe. I thank the representatives of Te Kotahitanga o Ngati Whakaue—Kiri Mitchell George and Eddie Mutu Anaru Te Amo and Hamuera Mitchell—for their patience while they endured the process of passing the bill into law. I thank the representatives of Tuhourangi Ngati Wahiao—Anaru Rangiheuea Rangipuawhe Maika and John Maaka—for their role in allowing what was once perceived as an impasse in the Treaty settlement process to become a bridge to unity between the iwi and hapu. I mihi too to Te Maru o Ngati Wahiao who have advocated so passionately over the ever-enduring concerns of participation representation and involvement. 
If the House will permit I will spend some time on an issue raised frequently at the Maori Affairs Committee and in numerous representations to me. We understand how the issue of land cuts to the very heart of the people. This is recognised in the bill which allows for a mana whenua determination process to take place after enactment. This process will allow the iwi an opportunity to sit together and determine who will have the final ownership of which pieces of land. As with the central North Island forest lands this will be done through agreements mediation or if required adjudication. I am optimistic that in the case of Tuhourangi Ngati Wahiao the process of the four koromatua whakapapa lines will be a foundation of the mana whenua discussion and they will determine their pathway forward at their own pace and under their own process. Furthermore I am pleased that facilitated discussion provided a guide for that process to happen. 
Implementation of this bill must be in the domain of iwi. It is not for elected representatives of Government to determine how that process plays out. That is the realm of tino rangatiratanga. Some have said we should let the courts decide. I have preferred to leave that to the people. It was the processes and the decisions of the courts that resulted in iwi losing their lands in the first place. There is a history of problems with judicial involvement and determinations over the land that failed to resolve contested rights and led to the alienation of lands to the Crown. I acknowledge the efforts of Te Pumautanga o Te Arawa—Eru George Rawiri Te Whare and the iwi leadership within their realms—in seeing this bill come through to fruition and we recognise their commitment to working through a process that will respect the roles and responsibilities of mana whenua. I have received written communication from the chairman of Te Pumautanga o Te Arawa Eru George that all the respective claimant groups will be actively involved in the process of moving forward. I understand that a hui-a-iwi will be held in the Wahiao whare in Whakarewarewa Village this Saturday to elect a fourth trustee for Tuhourangi Ngati Wahiao to the joint trust. This will make a total of four trustees for Tuhourangi Ngati Wahiao and four trustees for Ngati Whakaue which is represented by the Pukeroa-Oruawhata Trust and Te Kotahitanga o Ngati Whakaue. I understand that anyone from Tuhourangi Ngati Wahiao can participate in the hui-a-iwi which will elect a fourth trustee for Tuhourangi Ngati Wahiao following their own process. 
I thank everyone who got us to this point recognising that although there were difficulties to resolve the final formula nevertheless and the process of dissent through koromatua could be the positive mechanism to move forward. I remain 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. I address the people of Te Arawa who are gathered here today. Ka nui taku hari koa kua eke tatou ki tenei ra e whakahoki nei i te mana o enei whenua ki nga uri o nga kaumatua hai whenua tuturu mo koutou mo ake tonu atu. 
[ 
There is much joy within me that we have arrived at this day whereby the autonomy of these lands is returned to the descendants of the old people thereby ensuring that the lands remain yours for ever. 
] 
This bill is straightforward in its intent. It deals with the technical processes required to transfer ownership of the three reserves in the Whakarewarewa Thermal Valley to the iwi of the area. However behind the bill as I have alluded to lies a plethora of complex issues related to the Treaty settlement process iwi relationships on the ground and Crown-Maori relationships. We acknowledge that the bill represents a compromise by all involved in respect of the greater interests of the iwi. I was always aware that issues of fairness and justice would prevail in considering issues of ownership. To address concerns I instigated a facilitation process to assure parties that the process was fair and inclusive of all. I acknowledge the assistance of my colleague Te Ururoa Flavell and the guidance of John Clarke in these discussions. 
There is one other matter outstanding—that is the aspiration of Ngati Whakaue and Tuhourangi Ngati Wahiao to own the New Zealand Maori Arts and Crafts Institute Te Puia which is commonly referred to as the jewel in the crown of New Zealand tourism. Now that we have transferred the lands on which this institute sits to iwi it is surely time to continue discussions on this matter. Finally I say that I join with the people of Tuhourangi Ngati Wahiao and Ngati Whakaue in marking this historic occasion of the return of their treasured land. Tena koutou. 
Hon MITA RIRINUI (Labour) 
: 
 Otira hei tuatahi maku. Te Arawa waka na koutou ra i haere tawhiti mai i runga ano i te karanga i karangahia na e koutou i oti ai te huarahi i para nei e koutou mai i nga ra ki muri a tae noa mai ki tenei haora. Tena hoki koutou i te ahuatanga o a tatou mate huhua. E kore taea te wareware tena tangata teitei ra a Tauhauata me taku tuakana i hinga nei i te wiki kua pahemo ake a Arapeta. Koia tetahi na i tautohetohengia ki te Karauna kia tika ai te whakaaro o te Karauna kia tika te hoki mai o nga taonga a Te Arawa na te Karauna i riro i nga ra kua taha ake nei. No reira na runga i tena tena koutou tena koutou tena koutou. 
[ 
Indeed the first thing for me to do is extend greetings to you the canoe of Te Arawa who have travelled here from a distance on a call made by you to bring to a conclusion the path that you set out on in days gone to this hour. I greet you also in respect of our many deaths. Howard that person of immense stature will not be forgotten and neither will my elder kindred Albert who passed away just recently. He was one who persisted with the Crown to get its thinking right and to ensure that the treasures it took from Te Arawa in former times are rightfully returned. So on that I acknowledge you three times over 
.] 
I take the opportunity to acknowledge in the House today the representatives of Te Arawa. It is important that I do that because for them this has been a very long journey a journey that has been very difficult for them. Although the third reading is usually about the legislation before us I want to take this opportunity to speak about the people who brought it to us and brought about this opportunity to return to the people of Te Arawa their ancient taonga. 
As we have heard from the Minister of Maori Affairs the bill in itself is quite complex. I thank him for highlighting the complexities of this particular bill and for acknowledging the difficulties in the process particularly for those representatives of Te Arawa. I do not intend to take a long call because I think this time is their time to hear from as many people in this House as possible. 
I make mention of those who have passed on and there have been many throughout this process. But in recent weeks and recent days it is important that I acknowledge the passing of the son of Te Arawa Sir Howard Morrison and the legacy he left to his descendents and to future generations of Te Arawa. 
I also acknowledge his efforts in ensuring that Maori are recognised on the international stage. That is no small achievement. When we take a look at the bottom of the Pacific Basin see a little iwi called iwi Maori and see what he did for our presence particularly in arts and culture throughout the world and for many of those who followed after him we see that it was quite a significant achievement. There is not much I can say about this very very important person except that he was one of those who believed that the assets of Te Arawa should be returned sooner rather than later. 
I also want to acknowledge the passing of a very good friend my tuakana from Ngati Pikiao and of many other iwi of Te Arawa who passed away recently Arapeta Tahana. He was a former chair of Te Arawa Maori Trust Board the chair of Poutiri Trust the Maori health provider network and also the chair of many land trusts throughout Te Arawa. His passing was certainly a big loss to us. Although he is not mentioned in this legislation I take this opportunity to mention him in this debate. 
We acknowledge today the representatives of Te Arawa and in particular the journey they have been on for not just decades but very many generations. I am sure that those who started out on this incredible journey—some would say it is an impossible journey—are today resting in peace finally. 
Once again I acknowledge the contribution made by the current Minister of Maori Affairs to the completion of the very very important project or transfer should I say. I also acknowledge the former Minister of Maori Affairs and his Cabinet colleagues who thought it was very very important that the Labour-led Government during its time did the right thing by the people of Te Arawa and gave back their taonga outside of the Treaty settlement process. As we say although we do have a Treaty settlement process some matters can be resolved outside of that simply because it is the proper thing to do. 
Once again I congratulate—this is probably the last time I will do so during this discussion—the representatives of Te Arawa; and they are here. I heard the Minister of Maori Affairs mention many names of those in Te Arawa who rightly should be acknowledged but the people I want to acknowledge are here in the gallery today. They are the ones who took responsibility for leading Te Arawa down this pathway. They are the ones who have been severely criticised. They are the ones who have been intimidated in their own rohe. They are also the ones who said that they would not walk away from this because not only have past generations transferred this responsibility to them but future generations expect them to complete it now rather than later. Ki nga pakeke koroua kuia tuakana tuahine mai i te rohe o Te Arawa mai i Maketu ki te Tonga tenei na te mihi ake ki a koutou na koutou nei i whakaoti tenei kaupapa whakahirahira i mahue ake nei i wa tatou tupuna i te wa i a ratou. No reira na runga i tena tena koutou tena koutou tena koutou katoa. 
[ 
To the elders male and female older kin and sisters of the region of Te Arawa from Maketu to the south I acknowledge you. You have completed this great legacy left and created by our ancestors when they were alive. So because of that I salute you all. Well done. 
] 
Hon TAU HENARE (National) 
: 
 A kia ora Mr Assistant Speaker Barker. Te Arawa waka tena koutou. A tena koutou me o koutou whawhai mo o koutou whenua i roto i te rohe potae o Te Arawa. No reira tena koutou katoa. 
[ 
Thank you Mr Assistant Speaker Barker and greetings to you the canoe of Te Arawa. I acknowledge your battles over your lands in the region of Te Arawa. So greetings to you all. 
] 
I will not take too long. The Minister Pita Sharples and the speaker before me Mita Ririnui have outlined what is not very complex: they have got their land back. But I want to concentrate on an issue that needs some thought put into it. Although the Minister of Maori Affairs is right in saying that we should not intervene in what is to put it in my South Auckland words a whanau scrap it is sort of the easy way out. We were elected here to make some of the hard decisions to see whether we could find a way through. 
On one hand I am very happy that a wrong has been righted that whenua has been returned but on the other hand I am disappointed that there is a group of people who are and should be part of the bill and who are and should be part of the celebration of the return of whenua but have somehow found themselves to be outside. We can argue until the cows come home as to who is right; the sad thing is that there is a group of people outside of this who feel aggrieved. Letters have been flying back and forth as the case is these days. One of those letters to the Minister of Maori Affairs assures the other side that some way down the track there will definitely be a coming together. All I can say is that I am hopeful that that will take place. 
I cannot bring myself to say Tuhourangi Ngati Wahiao but I can bring myself to say Tuhourangi and Ngati Wahiao and this is no disrespect to Te Arawa waka in general. It is because I am one of those who believes in this vision of development. We are not in a time warp. We are not based in 1840. Something and some things may have developed since then if given the opportunity to develop. I know that in my own homeland there was some feeling on those tracks. 
I want to read some paragraphs from the report of the Maori Affairs Committee to the House which I think are very very important: “Some submitters requested that Tuhourangi and Ngati Wahiao not be coupled together and 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 by the Kaihautu Executive Council and Te Pumautanga since 2003. 
In addition the bill provides for an on-vesting of the Whakarewarewa Thermal Springs Reserve and Roto-a-Tamaheke Reserve from Te Pumautanga o Te Arawa Trust established under the Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008 to the joint trust. The trust deed establishing the joint trust sets out the Beneficial Entitlement Determination Procedure and provides for the possible transfer of some or all of those lands following the determination. This mana whenua determination procedure allows the reserve land to be vested separately in the three hapu of Ngati Wahiao and the iwi of Tuhourangi in the future. 
While the bill could be amended to reflect a decoupling of Tuhourangi Ngati Wahiao this would properly address the concerns of submitters and 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 of each of Ngati Whakaue and Tuhourangi Ngati Wahiao present at that meeting. We do 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.” 
In conclusion I can say only that at the meeting on the weekend there is a golden opportunity for people to stand and deliver to deliver to everybody including those who find themselves on the outside. That opportunity must be taken on the weekend; if not I am fearful that the opportunity will be lost for a while. We have done all that we can and I think the House has done a pretty good job— 
Hon Mita Ririnui 
: A very good job. 
Hon TAU HENARE 
: —a very good job given the tools that we had— 
Paul Quinn 
: The cards we were dealt. 
Hon TAU HENARE 
: —and given the cards we were dealt. But there is the ace in the hole and the ace in the hole is the meeting on the weekend. I am not trying to say how to run that meeting or even the decision— 
Hon Mita Ririnui 
: But you’re going to anyway. 
Hon TAU HENARE 
:—but as my colleague said I will anyway. The decision on the weekend must include a Ngati Wahiao representative. I am sure a lot of people have come to that determination as well. I can see some people rustling around thinking “How dare you.” I have been there before and I will be there again. I am not trying to make controversy out of this but it is a fact that when we are faced with these issues there will always be people on the outside who for whatever reason find themselves on the outside. We should be big enough and bold enough to include them as part of the whole instead of seeing them as some sort of group knocking on the door from the outside. At the end of the day they are all Te Arawa people and they are all after the same thing. It is about a bit of representation and it is about mana and it is about ensuring that the return of land is done expeditiously and without too much of a problem. 
Again I congratulate the Minister of Maori Affairs Dr Pita Sharples the previous Minister of Maori Affairs Parekura Horomia the last Government this Government and also those at home in Te Arawa as well. I think it is important to recognise that what we do although it may not affect us personally does affect the people at home. No reira Te Arawa tena koutou. Tena ano koutou i roto i nga whawhaitanga mo o koutou whenua. Kia ora. 
[ 
So congratulations Te Arawa. You were wonderful as well in the battle for your lands. Well done. 
] 
Hon SHANE JONES (Labour) 
: 
 Otira hei timatanga me mihi atu ahau ki enei matua o te ao Maori mai i a Arawa waka kua tatu mai ki roto i tenei Whare. E kara e Anaru tena koe. Tena koe me to iwi o te hia ranei roa wenei take e whakataratara ana i a koutou katahi ka whakapaua te kaha na kua tutuki. Te rahi o nga take i whakaritea hei whai ma koutou. No reira tena koutou. E kare e Rawiri i te tuatahi taku kitenga atu i a koe te wa i tutaki tahi ai ahau a koe he tamariki koe. I naianei kua pae mai te tohoraha ki uta kua rite koe ki tetahi o nga kaumatua hinahina te matenga ngoikore te tinana engari tu tonu ana koe. Na reira tena koe. E kara e Rangi nga mihi nunui ki a koutou. Taku hoa e Hamu koutou katoa wahine ma tena koutou tena koutou. 
[ 
So as a beginning I must acknowledge these father figures of Maoridom from the canoe of Te Arawa who have arrived here in this House. Friend Andrew greetings to you and your people. How long and irritable these issues must have been for you! But through the efforts expended it has been accomplished. The issues you had to consider were enormous. But well done. Friend David you were a young person when we first met but with the whale coming to the beach you are now much like one of the elders: hair on the head is grey and body is listless but you remain staunch. Greetings to you. To you as well Rangi the friend. To Hamu my old mate and to all of you and the womenfolk much greetings. 
] 
I briefly say that I acknowledge the leading elders of Te Arawa who are here today and their supporters as we witness the passage of this piece of legislation. We on this side of the House probably could have done more over 9 years to expedite the process of settling claims but because it is an area that neither of the large parties should find room for dissension on we stand shoulder to shoulder with our Maori colleagues in particular and indeed with the Minister and all the Parliamentarians who are supportive of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. That is so that we can expedite the passage of this part of our nation’s history and go forward turning the ihu of the waka to a new horizon. 
Mr Tau Henare made reference to some unfinished business in relation to the ascertainment and determination of entitlement in these reserves but the word that is used in the legislation is “may” not “must”. I think that any iwi looking at determination carving up and ascertaining interests and entitlement need look no further than the many millions of dollars and the many years that exhausted Maoridom through the Fisheries Commission allocation process. I ask the people of Te Arawa to please be very certain that the value and profit they might achieve through having an allocation is worth the inevitable rancour tension and legal fees. But it is of course up to them as to how that might happen. The land will remain as a reserve and although there is an ambition to take on the role of running the Maori Arts and Crafts Institute otherwise known as Te Puia such ventures should not be entered into wistfully. They will require a great deal of skill an appetite for debt and an understanding of working capital and markets which are too rarely seen in Te Ao Maori. 
This is a large day of celebration for us as MPs but the larger tasks rest with the stewards of the people. They now need to take this endowment forward and generate a perpetual flow of goods and services to create a dividend to keep the people together. As I have said before in this House grievances could always cause people by and large to work together in the face of a common adversary. But once the whale was landed katahi ka marara nga whanaunga. [ 
then the relatives scattered about. 
] 
Along with the Minister I am sure that Dr Cullen would share the sentiments put forward by speakers on this side of the House. Each settlement that is completed represents a chance for the next chapter of our nation’s development and for those who have come today from Rotorua with the shadow of Sir Howard Morrison’s and Arapeta Tahana’s recent passing perhaps the baton is changing to a new generation. That generation will have to show the skills honed of its time. Those skills will not show the same attributes or expertise that earlier generations had. We wish for Te Arawa not only great luck but also the confidence to rely on the new generation’s skills and expertise. 
We look forward to visiting the reserves in the future and to seeing harmony and prosperity. When that day arrives all I will say is this: Arawa e Anaru ki te puta matou o roto o Te Tai Tokerau maua ko taku tuakana a Tau Henare ki kona katahi nga gumdiggers ka mihi atu ki nga kairuku kapa. Na reira tena koutou tena tatou kia ora tatou katoa. 
[ 
Arawa and Andrew should we my elder kin Tau Henare and I of the north appear there we gumdiggers will then acknowledge you penny divers. Greetings to you us and everyone. 
] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe Mr Assistant Speaker Barker. Kia ora tatau katoa e hui nei i roto i tenei Whare te Whare Paremata. Koutou kua hara mai i te kainga tena koutou. Kua korerohia te ahuatanga o nga mate o te kainga ko Ta Hauata tera ko Arapeta tera. No reira waiho ake ma te motu raua e tangi. Ka mutu ko Frank tera me te hunga noa atu kua ngaro atu i te tirohanga kanohi. Waiho ratou kia moe. Ko tatau nga uri nga tamariki nga urupa o ratau ma haere mai me te ahuatanga o nga mate; tena koutou nau mai hara mai ki te Whare Paremata. 
[ 
Thank you Mr Assistant Speaker Barker and greetings to us all seated here in this House of Parliament. To you who have come from home greetings. The deaths at home have been referred to—namely those of Sir Howard and Albert. The nation will mourn their passing. I mention Frank’s death here as well as a host of others who are lost from view. Allow them to rest there. To us—the descendants the children the charnel house of departed ones—welcome with our deaths in mind and welcome to the House of Parliament. 
] 
A day when we get land back for our people is a day of celebration and a time to be remembered because it does not happen too often. However the settlement process is moving us in that direction. Thank goodness for that! The land brings us mana; our mana is our land. I acknowledge the previous Minister of Maori Affairs Parekura Horomia for his initiative in putting this bill forward prior to the election with the help of Dr Cullen and also the Hon Mita Ririnui who I am sure was behind the scenes promoting this particular bill. I acknowledge them all and all their efforts to move this particular bill forward to enable land to come back in this case to the people at home. 
While I am standing I also want to acknowledge Mr John Clarke Jonathan Easthope Tom White and Dr John Tamahori who were involved with me in a process I will outline shortly. But I wanted first to acknowledge all the work that was done from our team. I thought we did pretty well—not quite there but pretty well. 
As the Minister has outlined today is an awesome day for Ngati Whakaue for those involved with the Pukeroa-Oruawhata Tuhourangi and nga koromatua o Ngati Wahiao. Of course the bill has some beginnings in the Pumautanga bill and we need to acknowledge that someone had the foresight to make sure that it got in there to ensure that it got captured I suppose in the net of settlements. Even though it is not purely a settlement it at least got in on the table. So I acknowledge those who were able to set that out. 
There is no doubt that from the very beginnings of this bill even back to the discussions around the Te Arawa Lakes bill as well as the Te Pumautanga bill one particularly important issue has been raised by submitters during the select committee process and as the Minister outlined in a number of submissions to him. It has actually resulted in issues of protest and I understand that there is a protest on as we sit here today. The issue is to do with the whole notion about finding a space for those of what could be loosely termed the kaumatua of Ngati Wahiao. 
That was signalled throughout the select committee process; it is not new. The Minister heard the discussions and those members on the Maori Affairs Committee last year as well as this year heard about that concern. So it is not new; I am not talking out of shop. To deal with that concern the Minister of Maori Affairs Dr Pita Sharples sent Mr John Clarke a member of the Waitangi Tribunal and me to go and see whether we could facilitate a process to bring the parties together. It was under and against the background of some personal flack and also some votes of no confidence—I suppose we could put it that way—that we went up. I am pleased to say that we were able to engage the parties. 
The key issue there—with no disrespect to those involved with Ngati Whakaue because no discussion came through the select committee—seemed to be finding a space for Ngati Wahiao on two parts: first Wahiao on a holding trust which will get the asset once it has passed over to Pumautanga; and second finding a space for those groups to determine that issue of mana whenua. How will the land once it has gone back be divvied up? 
The great thing was that those parties agreed at least to come to the table so I acknowledge them in the first instance because it could have been seen as a little bit of interference. Happily enough though they did come to the table and we were able to engage over a period of about 3 to 4 months. 
It was great—and I will talk only about the issues of the facilitation process I was involved with—that certain principles were accepted. Firstly it was accepted by all the parties involved that the land should go back to Tuhourangi Ngati Huarere Ngati Tukiterangi and Ngati Hinganoa. It was really clear that everyone knew that they were the landowners. That is important. Secondly it was agreed to have a new register because of course the registering of people to be able to vote in the processes for whatever reason was an issue. 
It was also agreed that the registry would be based on whakapapa. It was agreed to have check-offs of those whakapapa such that any two or four koeke o te kainga could sign off the process. It was great that there was an acknowledgment of whakapapa being a part of the process and that people were also agreeing to check-offs. 
It was agreed that there would be a hui a-iwi at Wahiao to work out one of the trustees—because there are four associated with let us say the Tuhourangi Ngati Wahiao group as well as Ngati Whakaue. So again there was a commitment and acknowledgment of that; the Minister has just talked about that as did the Hon Tau Henare. That hui is to take place this weekend. That is great. 
The next question was how we would find four people to negotiate on behalf of Tuhourangi Hinganoa Tukiterangi and Huarere. The answer was easy enough: get a new register. Of course the thought was that Te Puni Kokiri might assist in facilitation of that great new register and those people can get involved. The next question was how they would vote. One group said and theirs was the first problem—one person one vote. The other group said it should be multiple votes—if we put down three whakapapa lines we should have three votes. 
We got to that point and asked how we should decide. That was easy—the answer was to take it back to the people. Let the people decide. So the thought was to call another hui; all of those who are registered could come together have a korero and whatever was the outcome of that hui that is it. In other words if the hui decides one person for one vote that is it. If they decide to have multiple votes koi ra the process could carry on. That was agreed to in a sense. 
The next stage having got all that sorted with the help of Te Puni Kokiri other independent facilitators and so on was to call for nominations and get on and vote. Those koromatua and hapu will have their own voice to be able to negotiate their pieces of land. That was important. Why? Because all the parties said right from the very start that that was important. So that was all achieved and as I say I thank all of those involved. 
We went to the select committee and advised that we were there—we had an agreement. The select committee considered that request. Indeed the select committee reported: “We are aware that a facilitation process has been used during 2009 to seek assurance that Ngati Wahiao may participate in the structures set up to receive the Whakarewarewa Valley lands (the Whakarewarewa Joint Trust) and that Ngati Wahiao are appropriately represented in the Beneficial Entitlement Determination Procedure that will follow from the enactment of the bill.” 
The report continues: “We understand that Tuhourangi Ngati Wahiao trustees on the joint trust and the members of Ngati Wahiao who have engaged in the facilitation process have discussed the details of a process to elect four representatives one of each from three Ngati Wahiao hapu and the iwi of Tuhourangi who will discuss mana whenua entitlements under the Beneficial Entitlement Determination Process with Ngati Whakaue. We understand that the details of the voting process will be decided at a hui-a-iwi by the people of Tuhourangi and Ngati Wahiao.” 
So the select committee process happened. The committee reported back to the Minister and basically the bill was able to advance on those agreements. As I say it is always something to celebrate when land comes back to the people. Having achieved this process of setting out how we might determine this land’s coming back to the people the Minister is absolutely convinced and assured that the process we have talked about is something that will stand the people in good stead in respect of determining the process. 
In closing I say that my only hope is that in having given some time to that we do get the land back to the right people. I have outlined the background because most people may not necessarily know the full background over a period of discussions. The good thing about it is that it will now be resting on the record of this Parliament as a record of history. We can say: “He mana ano to te kupu.”; that what people say is actually their bond their word. 
The goal in terms of my role and that of Mr John Clarke I am sure was always honourable. It was to facilitate the bringing together of a people. Whether or not people believe that that is what I say. My only hope is that having set that high goal—and what followed was a process that certainly had integrity and honesty to it—in the end we tried our very best to facilitate that process and we have reported to the Minister accordingly. 
The Minister believes that that process will be followed to ensure that that land does go back to those people who belong to that land. As he said mana whenua is a very very important concept amongst our people. I hope as I am sure he does that in the end our process will set the scene and mean the bringing together again of our people at home such that we get rid of protest get rid of litigation and finally make sure that the land falls back to the descendents of those who belong to that land. No reira koi nei te mihi atu ki a tatau katoa i tae mai i tenei rangi. Huri noa i to tatau Whare tena koutou. Kia ora tatau. 
PAUL QUINN (National) 
: 
 I join with the previous speakers in welcoming members from Te Arawa. I turn to say hello to and acknowledge my Uncle Anaru Rangiheuea Rawiri Te Whare and Hamuera Mitchell and to acknowledge kuia and kaumatua: tena koutou katoa. 
I think it is important firstly to pick up on something a previous speaker Shane Jones said. He said there is no doubt that both sides of the House are very keen on and particularly committed to going forward to resolve Treaty grievances as expeditiously as possible. In that vein the current Minister is working very hard to do just that. 
In terms of this particular settlement I think it is important to canvas where the bill was at when this Parliament began because it provides and puts into perspective the contribution from my friend and colleague in the Maori Party Te Ururoa Flavell. When the 48th Parliament convened this bill was before the select committee which was about to hear submissions. The big issue for which Te Ururoa has provided the outcome was the issue of mana whenua. This issue taxed the select committee and proved challenging mainly because given that the trust deed had already been approved and signed sealed and delivered if the new Parliament was to try to encompass the issues that arose during the course of the Maori Affairs Committee in a formal process it would mean that the Government would have to go back and quite simply renegotiate the arrangement. Because we did not think that that was the best course of action as we have just heard it was felt a better way of advancing the issue was to try to allow the Minister time to try to resolve the matter. 
The outcome of that task is what we have just heard from the honourable member Te Ururoa Flavell. I think it is important the record note that the understanding the select committee received at the end of that consultation process was that in respect of the agreement—the gentlemen’s agreement a handshake—there will be a process relating to what is termed in the documentation as the beneficial entitlement determination procedure and all the parties have agreed that the whakapapa will be determined by four koroua who are well versed in these issues and who as it was reported to the select committee have been named. From this point on the process will start as I understand it this weekend. 
So it is really against that background and the comfort that the select committee was given around that process that the committee was happy to allow the bill to come to the floor of Parliament for its second reading and Committee stage and now to the third reading. It is therefore with great pleasure that I join members on both sides of the House to recommend that this bill move swiftly to receive the Royal assent so that the beneficiaries are able to get on with the task and the challenge that now face them in taking responsibility for their own land and their own assets. Thank you. 
SIMON BRIDGES (National—Tauranga) 
: 
 Tena koe Mr Assistant Speaker Roy. Tena koutou e te Whare. It is good that I take what will be a very short call because I was not present at the select committee hearings. But having listened to other speakers and contributors to this debate I accept that there are issues between the relevant iwi and hapu that will live on potentially past this bill. That should not in my view and in the view of everyone who has spoken in this House obscure what is otherwise a very positive day of celebration in the passing of this bill into law. The bill gives effect to the deed signed between the Crown and iwi in relation to the Whakarewarewa Valley land and the Roto-a-Tamaheke Reserve. 
I will very briefly make some acknowledgments and talk about what the bill does. I think it is important that we acknowledge the representatives of iwi who are here today and that we recognise and acknowledge as well that this bill puts into law an agreement that was inspired and initiated by iwi leaders. They brought their proposal to the Crown and asked that the Whakarewarewa Thermal Springs Reserve and the Roto-a-Tamaheke Reserve land on transfer from the Te Arawa settlement legislation together with the adjacent Southern Arikikapakapa Reserve be vested in a joint trust of the iwi partners. As I have said the bill transfers ownership of three areas of reserve land. The fee simple for these lands will be vested in a Whakarewarewa joint trust. The reserves have the status of recreation reserves and are at present administered by the Ministry of Tourism under the Reserves Act 1977. 
The lands are home to the renowned Pohutu Geyser they accommodate Te Puia formerly known as the New Zealand Maori Arts and Crafts Institute and they are situated around the Whakarewarewa Village. The Whakarewarewa reserve land is very well known to many New Zealanders who are not necessarily part of the relevant iwi and to those who may be watching this on television. It is an important historical cultural and spiritual part of our nation. 
This is a positive bill. It is a day for celebration. With those few comments I conclude. 
HEKIA PARATA (National) 
: 
 Tena koe e Te Mana Whakawa otira huri noa i to tatou Whare tena tatou katoa. E tu ana ahau i te whakaiti i te honore hoki ki te mihi atu ki a Te Arawa waka i to mai nei i tenei ra i runga i tenei kaupapa o te pire whakamana o Te Whakarewarewa me te Roto a Tamaheke. Na reira tena koutou tena koutou tena koutou katoa. 
[ 
Thank you Mr Assistant Speaker Roy. Indeed greetings to all of us throughout the House. It is with humility and honour at the same time that I rise to extend salutations to the canoe of Te Arawa which has drawn here today for the passing of the Whakarewarewa and Roto-a-Tamaheke Vesting Bill. So greetings to you collectively and to us all. 
] 
I should also like to acknowledge the passing of Sir Howard Morrison whose tangi I was privileged to participate in. I pay tribute to the farewell that Ngati Whakaue and Te Arawa whanui paid him in the celebration of his life to the manaakitanga extended to those of us who went on to the marae and to the elegance and respect that was obvious in all that was done in farewelling not only a son of Te Arawa but also a son of Aotearoa New Zealand. I am sorry that I was not able to get to the passing of but I pay my respects to Arapeta Tahana as well. 
Coming back to the purpose of our gathering here today I will take a short call and congratulate both Ministers who have been responsible for seeing through the passage of this legislation. To the former Minister of Maori Affairs the Hon Parekura Horomia I commend him for the work that he did during the last administration and I particularly congratulate the current Minister of Maori Affairs the Hon Dr Pita Sharples on picking up this bill and ensuring that it could pass through all its stages together with the support of my colleague Te Ururoa Flavell. 
It is not an easy task to see through legislation that was started in one administration and passed through to the next and which is characterised by some ruffled waters. Nevertheless I acknowledge that ministerial leadership and also the support of many officials and some in particular who go through the piki and the heke of all the challenges of sewing together ministerial instructions arbitrary select committee questions the people with whom they have been working and with most difficulty keeping the State sector on course and behind what needs to be done. So I also acknowledge and congratulate the officials. I also congratulate the chair of the Maori Affairs Committee the Hon Tau Henare and the members both those opposite and on this side of the House who have together seen through the last stages of this legislation. 
It has been remarked on already by colleagues on both sides of the House that this legislation is not a Treaty settlement. I think that is both remarkable and positive because it is important to recognise that the relationship between the Crown and iwi is not simply about Treaty grievances but it can also be about rectifying relationships of a much more general nature and the restoration of lands that properly belong with their original owners. So it is appropriate that we acknowledge this as a milestone in an ever-increasing relationship between the Crown and iwi and that both the Crown and iwi benefit from the strengthening of that relationship. 
The challenge that is before us as a result of the passing of this bill into law is the management of relationships. Ironically those between the Crown and iwi are relatively easy because as my colleague the Hon Shane Jones remarked earlier it is sometimes much easier to combine against an adversary than it is to work on the relationships within and between those most familiar and intimate to us. There are important relationships within and between Te Arawa. Those of Whakaue Tuhourangi and Wahiao are represented in this bill. It is easy to develop a habit of blaming external parties and it is much harder to look within and to work on internal relationships but it is so much more worthwhile and so valuable. 
Governments come and go but our whakapapa our relationships with one another endure and go on into succeeding generations. That common whakapapa those common traditions and those common his and her-stories are the ones that we have to keep alive and honour not only in the rhetoric that trips so easily from our lips but also in the actions of today so that we may secure those relationships for future generations. 
That future must be characterised by all those concepts that our rhetoric so easily articulates: whanaungatanga kaitiakitanga mana mana whenua manaakitanga and of course kotahitanga. The challenge is to ensure that the decisions of today can be elaborated and developed for real and meaningful opportunities for all kin of the three iwi and that in developing managing and governing that whenua and those taonga it is done in ways that strengthen the links between those iwi so that their descendants can together go forward to a stronger future. I wish Whakaue Tuhourangi and Wahiao the rich blessings of their whenua and a generous practice of their tino rangatiratanga. No reira tena koutou tena koutou tena koutou katoa. Thank you. 
Bill read a third time.