Hereora Dave: Maori Purposes Bill — Second Reading 
Hereora Dave: Maori Purposes Bill — Second Reading 
[Volume:636;Page:6898] 
DAVE HEREORA (Labour) 
: 
 It is indeed a pleasure to follow the previous speaker my colleague Russell Fairbrother. I acknowledge the wealth of experience he brings on issues relative to us as Maori. I also take this opportunity in the second reading of the Maori Purposes Bill to support the bill. As chair of the Maori Affairs Committee this debate gives me the opportunity also to raise some of the issues we were faced with in our consideration of the bill. 
Although not a large bill the Maori Purposes Bill brings together a number of amendments to four different Acts. The issues it deals with are varied but they are all important to Maori. This was reflected in submissions on the bill which included many passionate and thoughtful points of view. We were pleased to receive submissions from a range of groups and individuals. There were 20 in all and the committee gave all of them careful consideration. 
It is important to Maori that the Maori Land Court has the ability to deal effectively and efficiently with applications that may arise under both its traditional jurisdiction and its extended jurisdiction under more recent legislation relating to fisheries and aquaculture. The bill contains a number of provisions that will assist with this including the increase in the maximum number of permanent judges who can be appointed as and when they are needed from eight to 14. 
In the lead-up to the last general election the members of the Labour Party undertook that if we were to become the Government we would introduce a closing date for the submission of historical Treaty claims. This has been done in this bill which amends the Treaty of Waitangi Act 1975. Although a number of submissions opposed a closing date it is important that Maori and New Zealand as a nation take stock of what historical claims remain to be settled so that we all know what work needs to be completed in this area. We can also focus more clearly on the future and plan for the time when historical claims have been settled. 
Settlement gives back to Maori not just land or other assets in compensation but also people. All the leadership time effort and energy that go into identifying and resolving claims can be invested in an iwi’s future in our young people in our communities and in enterprises that reflect the spirit of our people. As chair of the Maori Affairs Committee considering the various settlement bills that come before it I hear firsthand what settlement means for iwi concerned. Time and time again we are impressed by witnessing the pragmatism the skills and the commitment of people who have contributed to the settlement process. It is inspiring to think that this resource will continue to be available to help our people progress in other ways following settlements. 
Previous speakers have been concerned about the validation of decisions made by an acting judge in November 2000 when he sat beyond the term of his warrant for a short period. The committee considered this matter very carefully and thoroughly. In the end for most of us it came down to what was due to the people who had applied to the Maori Land Court in good faith and who had had their cases determined by an experienced judge who also acted in good faith in the short period concerned. In the years since 2000 these people their whanau and in some cases their successors have relied on those decisions. In many cases subsequent transactions will have been undertaken involving people who would also have relied on those decisions. Statutory validation will give all those people certainty and enable them to continue with their lives without the disruption and possible costs that could otherwise result from a situation of uncertainty. 
Other changes in the bill deal with the allocation process under the Maori Fisheries Act 2004 and the Maori Commercial Aquaculture Claims Settlement Act 2004 which are also important to Maori. The bill has provided an opportunity to address a number of technical matters that needed to be addressed in the relationship between the Maori Fisheries Act 2004 and the earlier Fisheries Act 1996. Both are complex pieces of legislation. As the process of the allocation of fisheries assets is being worked through some omissions and errors have come to light and the bill seeks to address those. 
The main changes to the Maori Purposes Bill that have been recommended by the Maori Affairs Committee are additional amendments to the Maori Fisheries Act 2004. When the bill was introduced it already included a number of technical amendments to the Maori Fisheries Act 2004. Submissions by Te Ohu Kai Moana Trustee Ltd in particular highlighted some additional technical changes that needed to be made. The committee has recommended that three further provisions be added to the bill. The first would amend schedule 1 of the Maori Fisheries Act 2004 to correct the classification of red crab stocks which should be listed as deep-water stocks rather than inshore stocks. The second provision also amends that Act to allow for changes to the quota shares held by Te Ohu Kai Moana Trustee Ltd as a result of alterations to quota management areas. If quota areas are amalgamated for example the original shares are withdrawn and shares for the new amalgamated quota area issued. As a result the shares actually available to Te Ohu Kai Moana Trustee Ltd for allocation could differ from those specified in schedule 1 of the Maori Fisheries Act 2004. The last additional provision will validate the actions of Te Ohu Kai Moana Trustee Ltd in allocating quota shares on the basis of quota shares actually held rather than those listed in schedule 1 of the Maori Fisheries Act 2004. The committee supported those amendments as sensible changes to help ensure that the Maori Fisheries Act 2004 and the processes in that Act can operate effectively. 
Finally as chair of the committee I would like to thank the members of the Maori Affairs Committee for their thoughtful contributions and their input into the consideration of this bill. I also acknowledge the Minister of Maori Affairs the Hon Parekura Horomia for sponsoring the bill. I am pleased therefore to support this bill. Kia ora.