Turia Tariana: Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill — Second Reading 
Turia Tariana: Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill — Second Reading 
[Volume:662;Page:10251] 
Hon TARIANA TURIA (Minister for the Community and Voluntary Sector)  
on behalf of the  
Minister for Treaty of Waitangi Negotiations 
: I move  
That the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill be now read a second time 
. 
Kei te rere iho a roimata ki te awa o W’anganui kei te rere iho a wai kamo ki te awa o Waikato. E iri te rau kawakawa e riri ki w’are aitua. Moe mai ra e kui e moe mai ra. 
[ 
Tears flow down upon the Whanganui River as they do from the eyes upon the river of Waikato. Hang up the leaves of the kawakawa hang them upon the house of calamity. Slumber there ancient one rest there 
.] 
It is appropriate to acknowledge the passing of Lady Raiha Mahuta a woman who was such a significant force in the passage of the Waikato River claims. Lady Raiha the co-negotiator of the claims with Tukoroirangi Morgan can rest in peace knowing the significance of the model that they have created will be an enduring legacy. The imprint of this legacy is woven throughout the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Bill promoting and emphasising the fundamental goal of restoring the health of the Waikato River. As someone from one river tribe to those of another I want to acknowledge the unique and distinctive role that our awa play in every aspect of our lives. As river people we share a special bond with our awa tupuna recognising that it is our collective responsibility to protect the mana of the river. The legislation that we debate today reminds us that the health and well-being of the Waikato River is vital for the economic environmental tourist and recreational goals of the Waikato region and indeed of Aotearoa. 
But other profound associations for Waikato-Tainui with their awa are protected within this bill. The reflections of the kuia Iti Rangihinemutu Rawiri explain some of these precious connections between the people and their river: “The Waikato River is our tupuna and looks over us throughout our lives. The river feeds us nurtures us and takes care of us healing our hurts and protecting us from harm. The river is our lifeline from which we take our name our identity and our mana.” In this sense the Waikato River was always more than simply a water highway a place to swim fish or play in a site for waka ama a food basket a source of kai. The people go to the awa to pray to be healed and to be cleansed. The relationship between the people of Waikato-Tainui and the river is one in which the mana the prestige and the mauri the life force of the two are indivisible. Waikato-Tainui described this relationship in the two key principles of their claim: te mana o te awa and mana whakahaere. 
I set out this broader world view of the Waikato River as a direct challenge to other views that may place our waterways in a singular context of economic utility. Such a focus has seen the health of the river progressively decline to the distress of the people of Waikato-Tainui. Tangata whenua take up a collective responsibility for the preservation and protection of the taonga and the resources within their tribal boundaries. This is a responsibility they hold seriously: to be tangata tiaki fully involved in the care and protection of the awa the river environment and the people. This bill emphasises the importance of the role of tangata tiaki. The people of Waikato-Tainui promote the concept of a korowai a protective cloak laid over te awa tupuna to respect and care for its ongoing health and well-being. 
In itself the legislation formalises the recognition of te mana o te awa introducing a new regime for the co-governance and co-management of the Waikato and Waipa Rivers that fully involves the iwi. This in turn enacts the tribal commitment to mana whakahaere the exercise of control access to and management of the river and the resources needed to maintain the life force of the river. For Waikato-Tainui mana whakahaere has long been exercised under the mana of the Kingitanga so today we acknowledge Kingi Tuheitia and Te Whare Kahui Ariki. 
I particularly commend Waikato-Tainui for their forbearance and initiative in being willing to reopen negotiations. Uppermost in the mind of the co-negotiators was how best to restore the health and well-being of the river. For that reason when the new Government initiated an independent review of the co-management arrangements in the original deed of settlement signed in August 2008 they did so willingly as part of their commitment to improving the outcomes. The 2008 legislation was deemed to be too cumbersome to become operational so again I commend all the parties for taking the initiative to go back to the drawing board to find a solution that will work. 
Based on that review Waikato-Tainui renegotiated the co-governance aspects of the settlement which led to the signing of a new deed of settlement in December 2009. The features of the new arrangements that have been incorporated into the bill are as follows. Governance functions relating to the river are to be consolidated in a single co-governance entity to be known as the Waikato River Authority. This is a considerable improvement on the previous arrangements which would have led to the establishment of five new entities. The vision and strategy will be the primary direction-setting document for the Waikato River and will be administered by the Waikato River Authority. The vision and strategy will be described as “Te Ture Whaimana” and will be incorporated directly into the  
Waikato Regional Policy Statement 
. 
The bill establishes the Waikato River Clean-Up Trust. This is a major investment and a significant environmental initiative. The trust’s contestable fund will be administered by the Waikato River Authority rather than having a separate trustee. 
Iwi-appointed commissioners will participate on hearing committees and boards of inquiry in respect of applications for resource consent to take use dam or divert water into the Waikato River for point-source discharge to the Waikato River and for activities listed in section 13 of the Resource Management Act if they relate to the Waikato River. Instead of establishing a separate statutory board the bill now provides for joint management agreements to be established between Waikato-Tainui and the Waikato Regional Council and between relevant territorial authorities for functions under the Resource Management Act that relate to the Waikato River. 
Certain customary activities of Waikato-Tainui are also recognised. These include the use of waka taua waka kopapa and waka tete at tribal events such as the annual Ngaruawahia Regatta. This is an important new feature and removes an anomaly that meant that members of Waikato-Tainui needed to seek permission to practice fundamental features of their culture and long-held traditions. 
Finally provision is made to vest certain river-related sites of significance in Waikato-Tainui for Waikato-Tainui to gift lands to the Waikato Regional Council for flood protection purposes and for Waikato-Tainui to participate in the co-management of Crown-owned river-related lands. 
The concepts behind the arrangements that are given effect to in this bill are not new. But for the first time in a Treaty settlement this bill focuses on giving tangible effect to these concepts. I thank the Maori Affairs Committee for its work on the bill to ensure that it gives effect to the new deed of settlement and for providing submitters with an opportunity to comment on the new provisions. There is no doubt that what has been achieved with this legislation will establish a precedent for other iwi. The co-management arrangements in this bill signify an important development in resource management and decision making. The tribal agreements with a range of ministries and the shared representation at the governance levels usher in a new era in Treaty relationships. Iwi and local authorities will now sit side by side at the top table working together to care for and protect te mana o te awa. It is with much pleasure that I commend this bill to the House.