Finlayson Christopher: Waitaha Claims Settlement Bill — First Reading 
Text is incorporated into the Bound Volume 
Finlayson Christopher: Waitaha Claims Settlement Bill — First Reading 
[Sitting date: 19 September 2012. Volume:684;Page:5454. Text is incorporated into the Bound Volume.] 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 Can I begin by thanking all members of the House for their cooperation so that we can have these extended hours today to deal with four very important settlement bills. I think it is a tremendous innovation that the Standing Orders Committee came up with at the end of last year. It has worked very well this year. What it means is that large amounts of legislation are able to receive expedited readings and the important purpose behind it all is so that people can enjoy the fruits of their settlements much quicker than they otherwise would because to sign a deed of settlement and then wait 2 or 3 years for the legislation to go through the House giving effect to that settlement is simply unacceptable. 
I join with Mrs Turia and Mr Horomia in welcoming those who have travelled from the Bay of Plenty and thank them for doing so. I thank the negotiators for their tremendous work over a number of years to reach this stage. As Mrs Turia and Mr Horomia have said what we are doing through this settlement is addressing the historical grievances of Waitaha which arise from wrongs and injustices suffered by that iwi at the hands of the Crown. The Crown through the deed and the settlement legislation acknowledges it breached the Treaty in its relationship with Waitaha. 
Endeavouring to suppress the Kingitanga the Crown did bring war to the Western Bay of Plenty in the 1860s. This split Waitaha internally compelling individuals and hapu to align themselves with different sides in the conflict and causing discord and enmity within the iwi and in relationships that Waitaha had with other iwi and with the Crown. 
Mrs Turia is so right that central to this claim is the prophet and rangatira Hakaraia Mahika. Hakaraia was a supporter of the Kingitanga. He initially preached peaceful engagement between Maori and Pakeha but became involved in the conflict during the 1860s and was the spiritual leader of the forces arrayed against the Crown at Gate Pa in 1864. Following the pacification hui of August 1864 with Tauranga Maori Hakaraia did not surrender and thereafter was considered by the Crown to be a rebel. 
The confiscations in Tauranga were unjust. Hakaraia opposed them and in seeking to punish him the Crown destroyed Waitaha settlements and ultimately took his life in 1870. The Crown inflicted further punishment even after his death by unfairly withholding a large amount of Waitaha land. The Crown failed to protect Waitaha from the effects of the native land laws failed to protect the interests of Waitaha in land they wished to retain and failed to ensure that Waitaha retained sufficient land for their present and their future needs. As a result by 1900 this iwi held approximately 2.5 percent of its former rohe. Further losses throughout the 20th century—for example through the Public Works Act—compounded the misery. 
After a period of negotiations the detail of which other speakers have referred to on 20 September 2011 the Crown signed a deed of settlement with Waitaha. The history that is set out in that deed of settlement as Mrs Turia said is very very important and as with all settlements needs to be referred to and needs to be understood by the wider public. 
I am not in this first reading speech going to go into the detail of the settlement redress. Mrs Turia has covered the detail admirably and there is very little that I can add to it. But I do want to say this. As with all Treaty settlements full reparation is simply not possible. By entering into a full and final settlement the people of Waitaha have agreed to forgo full compensation thereby contributing to the future development of our land and I thank them for this act of generosity.  
Legislation is the last step before settlement day in addressing these historical claims. The iwi and those representing them can be proud of what they have achieved through this settlement. It creates a foundation for a new relationship between Waitaha and the Crown. At times Mr Horomia sounds like a broken record when he— 
Hon Parekura Horomia 
: Oh come on! 
Hon CHRISTOPHER FINLAYSON 
: —no no just listen—tells me to pay attention to local government and also to Government departments but he is absolutely correct. These settlements are ones where fine sentiments are expressed on the day of settlement fine sentiments are expressed in the House the legislation is passed and then too often people actually forget. One of the problems with the Crown is that its institutional memory is not what it should be. I repeat to him today what I have said on other occasions that I am working very closely as Associate Minister of Maori Affairs in looking at this issue of ensuring that we do have robust and effective post-settlement arrangements that do hold the Crown to account not this year not next year but in 15 years’ time. The point he makes is an extremely powerful one. 
So my thanks to all those who have been involved in getting us to this stage. Now we entrust the bill to the Maori Affairs Committee. I can say this in the sure and certain knowledge that under the excellent chairmanship of my friend Mr Henare it is going to be dealt with efficiently and effectively and I hope it will be back here very very soon for its remaining stages.