Te Urewera-Tūhoe Bill — First ReadingText is incorporated into the Bound VolumeTe Urewera-Tūhoe Bill — First Reading[Sitting date: 22 October 2013. Volume:694;Page:14129. Text is incorporated into the Bound Volume.]Te Urewera-Tūhoe BillFirst ReadingHon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I moveThat the Te Urewera-Tūhoe Bill be now read a first time. I nominate the Māori Affairs Committee to consider the bill. This is a very important day. We are debating a bill to resolve the historical grievances of Ngāi Tūhoe. It is not however the first time that this House has debated these issues. But hopefully as a result of our work this time the Crown will learn something from its previous mistakes and the Tūhoe-Crown relationship will henceforth be very positive.The history of Tūhoe’s interactions with the Crown is summarised in Part 1 of the bill but a few words can never adequately explain all that has happened. I ask anyone who doubts the wisdom of what the Government is proposing to do to go behind the summary of the acknowledgments in the historical account and look at the primary facts. Take for example acknowledgment (6) in clause 8 of the bill. It talks about Parliament enacting the Urewera District Native Reserve Act 1896 which provided for local self-government over Te Urewera and for decisions about the use of land to be made collectively and according to Māori custom.So what did happen in 1895-96 that resulted in the Urewera legislation? At that time the then Premier Richard Seddon had been concerned about Te Urewera and visited Ngāi Tūhoe. Apparently Seddon almost drowned when he crossed Lake Waikaremoanato meet some of the rangatira. There were also a number of Tūhoe delegations who visited Wellington. After many discussions Seddon agreed to introduce the Urewera legislation. Ngāi Tūhoe representatives were in the gallery for those debates just as they are here today.It is instructive to read theHansard from the bill’s first reading in the House. This is what Seddon had to say: “… after having seen the country and after having listened attentively to what was put forward by the Tūhoe people I have come to the conclusion that if the promise made many many years ago … to the Tuhoe had then been kept if we had given the same powers and privileges which we are proposing to give under this Bill a lot of the trouble that has arisen [and which has been the cause of bloodshed]—which has been the cause of an otherwise well-disposed people being estranged from the rest of the colony—would have been avoided.”The next acknowledgment in clause 8 explains how that legislation was undermined between 1896 and 1921 and then repealed without any reference to Tūhoe. In 1954 the Crown established Te Urewera National Park which included most of Ngāi Tūhoe’s traditional lands. The Crown did not consult Tūhoe about this and did not recognise Tūhoe as having any special interest in Te Urewera or its management. So throughout the 20th century the story has been one of Tūhoe being ignored and not consulted on decisions affecting their rohe.Tūhoe has always tried to approach resolution of its dispute with the Crown in a principled and determined manner but up in Te Urewera the messages about the unfairness of it all have been passed down from generation to generation. Indeed I will never forget the elderly gentleman whom I met at Ruātoki who said to me in relation to the events of 2007: “I said to my grandchildren: ‘It happened to my grandparents and now it’s happening to you.’”Given this history this Government is determined to address these issues not because they are necessarily easy to resolve and not because they are politically popular or there are votes in it but because it is the right thing to do. The legislation we are debating today contains more than a historical account of what happened in the past together with an apology and compensation. It is also a forward-looking arrangement that has the potential to produce very positive results for Tūhoe and the Crown. The fact that it is happening is because the Crown has been given a second chance to work with Tūhoe in an honourable manner. So the past is very important. As is so often said ignore the history and one is doomed to repeat it.Key to success will be the post-settlement relationships. This of course applies to all settled iwi and that is why the Crown has established a post-settlement unit to monitor the progress of settlements to audit them and to ensure that undertakings given on behalf of the Crown are honoured not just tomorrow but in 50 years’ time.Let me now turn to some of the detail of the bill. This legislation comprises two bills which it will be divided into at the Committee of the whole House stage. First the bill gives effect to the undertakings by the Crown in the Tūhoe deed of settlement. It includes the Crown acknowledgments and apology cultural and commercial redress packages and provisions consolidating Tūhoe’s governance entities. A forward-looking and exciting aspect of the deed of settlement is the social agreement. Its dual aims are both to build Ngāi Tūhoe’s capability to manage its own affairs and to improve the Crown’s delivery of services in Te Urewera. A number of Government agencies are already working with Ngāi Tūhoe in a number of areas from housing to the delivery of primary care services and ensuring that education is underpinned by a Tūhoe philosophy. Child Youth and Family is assisting Tūhoe to achieve their goal of having no Tūhoe tamariki in Child Youth and Family care.To the few people left in this country who still talk about Māori privilege and special treatment for Māori my answer to them is to visitRuatāhuna orRuātoki. Let them see the reality. Big issues need to be addressed within the rohe of Ngāi Tūhoe. The Crown and Tūhoe are going to work together to address them.The second piece of legislation addresses Te Urewera. For too long the people of Ngāi Tūhoe have been locked out of having any say in the affairs of Te Urewera. This has been most unfair particularly when one looks at the map and sees the extent of privately owned Māori land. This bill rectifies terrible historical wrongs.Te Urewera will have its own legal identity. It will not be governed by the National Parks Act but will be administered by a board made up of Crown and Tūhoe representatives. After a short initial period the board will contain a Tūhoe majority and this is as it should be. One of Tūhoe’s goals throughout the negotiations was to provide for the reconnection of Tūhoe to Te Urewera and for that connection to be strengthened through Tūhoe’s role in its governance and management. Public access will continue. Tūhoe has always welcomed visitors and public input into management and public access will be guaranteed.Finally work is now under way to explore international recognition for Te Urewera such as a Unesco biosphere reserve like the Everglades in Florida. I met with Unesco on this issue last week and told the officials that decisions on this issue will be for the new board to determine.So I finish this short speech by acknowledging the people of Tūhoe who have carried their grievances through the generations. I will leave individual acknowledgments until my third reading speech because so many have worked tirelessly to get to this stage and in this speech I cannot do all those people justice by mentioning just a few names. I commend this bill to the House and to the tender care of Mr Henare’s Māori Affairs Committee.Hon SHANE JONES (Labour): Ā i te tuatahi ka huri ki Te Reo Māori. Kāti e ngā uri a Tūhoe-Pōtiki e ngā mokopuna a Tūtakangahau Te Umuariki a Kererū a rātou mā nā rātou tēnei kaupapa i poipoi i roto i te ao kōhatu heke iho ki a koutou tēnei mātou o te Whare e tuku mihi atu ki a koutou i roto i tēnei rangi ka whakaterengia tēnei waka ahakoa ko āna tā moko kei te kapu o te pepa ko tana wairua kei te ngākau me te wairua o te hunga e tautoko ana i tēnei kaupapa i tēneki rā. Nā reira tēnā koutou tēnā koutou mai i ngā raorao mai i ngā marae Huiarau te tihi o Maungapōhatu huri noa ki te tutukitanga ki Te Moana-a-Toi tēnei mātou te mihi atu ki a koutou kua tatū mai ki Te Ūpoko-o-Te-Ika.Ahau nei e mahara ana ki te rārangi o ngā kōrero i titoa e te hau tupua o te ao Māori mō te kaitito wahine a Mihitekapua. Nāna te kī: “Te roa o te whenua te tāpae atu rā. Noho ana hoki ahau i Pōneke. Awhi ana ahau i a koe e te Karauna. He whakairitanga tēnei mō te mate o taku tinana.” Tāku ki a tātou ngā kupu i oti i tēnā kuia o roto o Tūhoe he whakatūpato i tēnei reanga e tū nei me ngā mokopuna e haere ake nei. Waiho hei kōrerotanga mā ā tātou tamariki ki te marae otirā me huri tātou ki te whitinga o te rā. Nā reira tēnā koutou katoa.[Firstly I turn to speak in Māori. So to the descendants of Tūhoe-Pōtiki the grandchildren of Tūtakangahau Te Umuariki Kererū and others who nurtured this matter in days long past and handed down now to you we of the House offer this acknowledgment to you in this day that this vessel is launched: even though its designs are contained in the hollow of the paper its spirit is with the heart and soul of those supporting this matter on this day. Greetings and salutations to you from the lowlands the courtyards mountain of Huiarau summit of Maungapōhatu and eventually the extent of the Bay of Plenty. We salute you who have arrived here in Wellington.For me particularly I recall the line of words that Mihitekapua the greatest female Māori composer of Māoridom composed. She stated: “The land that lay out before me is long. I also live in Wellington. I embrace you the Crown. A suspension of this would be the death of my body.” My interpretation to us is that the words that elderly woman from within Tūhoe came up with serve as a caution for this present generation and for the grandchildren still to come. Leave it as something for our children to talk about on the courtyard but at the same time we must turn to the rising of the sun. Greetings therefore to you all.]In our Māori language I have recited a verse from one of the great composers of Te Ao Māori from Te Urewera-Tūhoe region Mihikitekapua where in English what she said was: “I travelled such a long way to reach distant Wellington. When I embrace you Crown I know it will destroy me.” This is a day when the descendants of that kuia—and indeed on my side of the House the descendant of Richard Seddon in the form of David Cunliffe whose tupuna 100 years ago went to Galatea Waikaremoana Ruātoki and Ruatāhuna to meet and discuss with the chiefs of that time. The fact that he was brave enough to do it 100 years ago when today the average Kiwi hardly knows where these places are let alone has visited them is testimony to not only how small our country is but also how history actually has a way of reminding us that it is both political and personal.We stand to support this bill the Te Urewera-Tūhoe Bill. We stand to support this bill knowing that over the last 10 years members on my side of the House have had to endure an episode that has not been a proud moment in the affairs between the Crown and Tūhoe and I refer here very briefly to what has become known in the media as the police raids. It was a bleak day and I salute the Minister for Treaty of Waitangi Negotiations in his willingness not to shy away from that issue in the various commentaries that have been developed and reported upon as the Minister has brought this kaupapa to the House in this form. It was a very regrettable incident and my senior colleague Annette King sitting to my left was unfortunately at that point in time the Minister of Police. Though not responsible for the affairs of the police she has apologised on a number of occasions for the hurt and the anguish that that episode represented. I want to say that in the context of this bill because we will not leave any stone unturned to ensure that not only is this bill supported but the select committee process gets every level of support it deserves from our side of the House.It was in 1871 that the Tūhoe elders conceived of and composed a set of policies that have become known as the “whitu tekau” which is translated from Māori as “the seventy”. In Māori it simply was kaua te rori kaua te rūri kaua te rīhi kaua te hoko. In the 1890s it fell to Seddon and his Māori colleague Carroll to try to give practical expression to that via the passage of legislation. As the Minister has pointed out although the bill was debated at the time and law was passed it was observed in the breach not in honouring it.So today this piece of legislation is very significant because this is an iwi that had it not been for their matua Tūtakangahau there would be no Elsdon Best books for anthropology ethnography and Māori students and the other host of souls who go to university and want to read Elsdon Best. I must confess that I was not one of them. This is also the people who amongst Māoridom have been regarded as the final bastion for the quality of our Māori language and I want to salute those families who have endeavoured to maintain that kaupapa. I will not isolate particular individuals. It is better that that task fall to the third reading speeches because it is going to be quite a demanding process for my colleague Tau Henare to shepherd the bill through the Māori Affairs Committee.This is significant in what it does to one of our national parks. Make no mistake that I along with my colleagues was extremely surprised that the Minister for Treaty of Waitangi Negotiations was able to carry the support of his senior colleagues and bring this forward as a model of governance kaitiakitanga and embedding Māori in the—they are already in the soil but embedding them in the spirit of the new law and in the application of the new law. It is something—I have not a doubt in my mind—that never would have been attempted or indeed delivered upon in the time of our predecessors Helen Clark and Geoffrey Palmer. So the fact that you have done that and that we support you shows that there is a maturing amongst the Pākehā people of that particular region. But broadly speaking the media are not prepared to pick these issues up to divide us.The real test lies in the actual execution and the application. We support the notion that these settlements should be checked up on from time to time. This is an area where the challenges are large because it is a region that has been overlooked and neglected. Although this kaupapa does represent a transfer of financial capital and land to turn that capital and land into a durable flow of economic good and benefit will be an exacting task. But that is not for us. We are the parliamentarians today who want to work together to ensure that this piece of legislation actually passes with minimal drama.I want to quote from 1869 after Tūhoe consented for Te Kooti Arikirangi to enter their territory. This is what is attributed to Te Kooti—the words received by Moses: “Tango ana ahau i a koutou hei iwi mōku. Ko ahau hei Atua mō koutou. Mōhio koutou ko Ihowa ahau ko koutou nōki te iwi o te Kawenata.” I take you as my people. I will be your God and you will know I am Jehovah. You are the people of the covenant. The covenant takes a new shape and form today in the representation of this legislation. It is imbued with spiritual significance the heritage of the people and the honour of the Crown. For those reasons it is important that all parties join together and demonstrate to the Treaty partners that our generation is serious about upholding the duties of history and also about working together so the future and its potential and its promise are delivered not only for Tūhoe but for our entire country. Tēnā koutou. Kia ora koutou katoa.Hon ANNE TOLLEY (Minister of Police): Tēnā koe Mr Deputy Speaker. Tēnā koutou e te Whare. A large part of Te Urewera and other parts of the Tūhoe rohe including the centres of Tāneatua and Maungapōhatu fall within the East Coast electorate which I have the great privilege to represent here in Parliament. It is a huge honour for me to stand here today to speak at this first reading of the Te Urewera - Tūhoe Bill. The National-led Government is making great progress on completing final and durable settlements of Treaty of Waitangi claims. This today is one of the most significant settlements during my time in the House. I want to acknowledge those from Tūhoe who have travelled down to Wellington today to speed this settlement on its final journey.Settlements recognise and right the wrongs of the past and strengthen the partnership between the Crown and Māori. Settlements also help iwi unlock economic potential and boost regional and provincial areas. It is the right thing to do and it benefits all New Zealanders. This settlement will bring great benefits to the region. It will be a boon for the people of Tūhoe and for regional economic development on the East Coast. So how does it do that? Well firstly this settlement reconnects Tūhoe with its homeland of Te Urewera. It gives them a financial base with which to help their people prosper where they are born and it provides them with the means to make choices for themselves.Most obviously the settlement provides for commercial redress of $170 million. So secondly this allows the iwi to develop an economic base. I well remember—I think it was 2009 actually—Tāmati Kruger and Matt Te Pou sitting in my electorate office inWhakatāne explaining this to me and saying that this was dependent upon the return to Tūhoe of Te Urewera. I said to them: “I just can’t see that ever happening. It’s a national park. I can’t see that ever happening. I understand what you are saying but it is so hard to do.” But we have done it. Together we have done it. Tūhoe has already begun the process of revitalising Tāneatua with the construction of its outstanding new high-tech tribal community centre and headquarters—New Zealand’s first living building sourced largely from local materials. So they are already showing economic and environmental leadership. The tribe has the experience and aspirations for ecotourism in this pristine part of the country.However just as important is the sense of a new relationship between the iwi its neighbours and the communities of the region. In a formal sense the settlement provides for relationship agreements with some Government agencies and exploration of such agreements with key local authorities. In a practical sense the process of agreeing on a historical account and the apology of the Crown in recognition of the wrongs of the past smoothes the way for opportunities for forward-looking collaboration and common purpose. Tūhoe can now feel free to participate properly as leaders in the region that is their home without feelings of estrangement.Tāmati Kruger who has provided superb leadership to his people said on3rd Degree that he saw mana motuhake as “inter-independence”. He said: “We quite like being part of the region part of the district. We are part of New Zealand. We like to think we have dual citizenship.” An example of that was in theGisborne Herald recently. It reported that the Wairoa Whakatāne and Rotorua councils along with Tūhoe are working together on proposals for improvement to State Highway 38 which is still the only unsealed part of the State highway system to make it more user-friendly. Those of us who have travelled along that magnificent road know that you get pastMurupara and all of a sudden it goes down to what could be described as a goat track through some magnificent country—17 kilometres I think it is of shuddering gravel. That would be a great project to see completed although some of the locals are a bit worried because they do not like too many people going there.Mana motuhake redress relates to improved relationships between Tūhoe and the Crown and the delivery of Government and iwi services to Tūhoe communities. It includes the Crown-Tūhoe relationship agreement signed in 2011 which provides a foundation for how Tūhoe and the Crown will work together and the social service management plan which covers relationships with and the management and delivery of services by key Crown agencies and Tūhoe over the long term. The initial planning is for 5 years of the eventual 40-year period. It sets out how the Ministry of Education the Ministry of Social Development the Ministry of Business Innovation and Employment and the three district health boards in the area will work with Tūhoe to address the disadvantaged and improve social outcomes in Te Urewera. Tūhoe is engaged throughout in the same spirit of inclusiveness. During negotiations over the often difficult subject of Te Urewera they engaged extensively with other users of the park in order to define different groups’ expectations and values for the area. Not surprisingly there was a great deal of shared values in terms of the importance of biodiversity conservation and access.The innovative redress in this bill reflects a Tūhoe view that Te Urewera is its own identity has its own intrinsic rights and interests and provides for Tūhoe and the Crown’s representatives to govern Te Urewera in its own best interests while maintaining access for all. To those of us who know love and respect Te Urewera that is absolutely correct. It stands alone. It is often surrounded in mist—often secretive hiding its beauty which is revealed only to those who appreciate it especially if you aretrying to fish on Lake Waikaremoana. But it does have its own personality. It does have its own breathtaking beauty and it is and always has been an identity in its own right.But we need laws to encapsulate that so the current national park land will be vested in a Te Urewera legal entity and protected under new stand-alone legislation. This legislation will recognise and provide for cultural values associated with Te Urewera and will include key principles relating to the protection of biodiversity natural and historic heritage public input into management and public access into the future. This is a significant bill for Tūhoe for the East Coast region and for New Zealand and I speed it on its way through this House. Kia ora tātou.Hon NANAIA MAHUTA (Labour—Hauraki-Waikato): He hōnore he korōria he maungarongo ki te mata o te whenua he whakaaro pai ki ngā tāngata katoa. Arohaina ngā tāina me ngā tuākana i raro i te whakaaro kotahi i raro i te tuanui o tēnei Whare. Ngāi Tūhoe tēnei te mihi atu ki a koutou katoa. Ki a tātou pai mārire. Nei anō te mihi maioha ki a koutou mai i a Waikato-Maniapoto me ērā o ngā hononga kei waenganui i a tāua hei tū kei roto i Ōrākau ki te pupuri ā tātou whenua arā hei hāpai i ērā o ngā wawata o ngā mātua tūpuna te mana motuhake o ō tātou iwi Māori. Nō reira tēnei te mihi atu ki a koutou katoa.[Honour glory peace upon the face of the Earth and goodwill to all mankind. Be of one mind under the roof of this House in being charitable to the younger and older siblings. I acknowledge you all the people of Tūhoe. Goodness and peace to us. An affectionate greeting once again from me to those of you collectively from Waikato-Maniapoto and those connections within you and me in Ōrākau. They hold our lands. In other words they elevate those other aspirations of the parents the ancestors and the independence of our Māori people. So I salute you all.]It is a great privilege to be able to support the passage of this bill the Te Urewera-Tūhoe Bill to the Māori Affairs Committee and to its final stages. We are in a moment of history that only in hindsight will people be able to recognise the significance of what is being achieved in the Tūhoe settlement. This is an important day for New Zealand not just for Tūhoe.I was reminded of all the great orators who have spoken in this House throughout the years on a number of I guess testy issues that have tested our aptitude as a nation to really live what it means to be a truly bicultural nation having greater regard to the aspirations of iwi of Māori in New Zealand and in the formation of our identity as a country. Just as we have great orators I thought I would draw on one of the great poems of a poet who is well known to you because it tells a story that I want to be able to draw on in my contribution. It goes like this:Had I the heavens’ embroidered clothsEnwrought with golden and silver lightThe blue and the dim and the dark clothsOf night and light and the half-lightI would spread the cloths under your feet:But I being poor have only my dreams;I have spread my dreams under your feet;Tread softly because you tread on my dreams.This in a sense draws upon the spirits of those ancestors I believe of Tūhoe and many others like them who had great aspirations to live in a country that they could hold on to enjoy preserve bring up children in and say: “This is ours.” But our chequered history has meant that so much of that hope and aspiration has been impacted on by interactions with the Crown.I hesitate to tell the history of others within the context of Treaty settlements because I know how important it is. But for anyone listening to this debate today a very important part of the Treaty settlement process is to have the history recorded in the deed of settlement and referred to within the context of legislation. And because we go through this debate referring to how significant these Treaty settlements are—and most important for Tūhoe today—for those young children who hope to build our nation in a way that makes mana motuhake the Treaty partnership a living spirit within our national identity it is important that they draw on the words that come into this House.As I looked at the aspects of this Treaty settlement there were a number of things that I felt compelled to say in its first reading. I too am not proud of Labour’s time in Government with regard to the police raids but what it has done is necessitate the commitment of both sides of the House to having an enduring Treaty settlement. So I am sure that in the future Labour’s track record on the Tūhoe settlement will be tested against the hopes and aspirations of the mana motuhake agreement and we will also be ensuring and committing to long-term enduring aspects of the way in which Te Urewera will be looked after in the future. I would like to be able to stand as testimony to say that this is a working living relationship that has been forged.So out of some very difficult times come some very positive opportunities. I want to commend the Minister for Treaty of Waitangi Negotiations for being able to extend his vision around the way of looking at some very unique features of this particular settlement that are not in any other: firstly the way in which Te Urewera has been conferred its own identity. That in itself is a significant milestone in the way that we are looking at our lands our resources. The ability to look after them for future generations recognising that Te Urewera has its own identity inherently within that a mauri of its own and inherently in that the need to look after it for the preservation of its food source and identity for the people growing up and living around Te Urewera is significant. I would like through the select committee process to learn a little bit more about that if for nothing else than to see how that particular legislative approach can continue to innovate our way of looking at ongoing resource management conservation within the context of other areas in the country.I am excited by this settlement. I am excited by the opportunity that it provides for the people of Tūhoe to push their expectations on the way in which regulatory functions are carried out and management plans are implemented effectively taking account of tikanga. I am excited by the fact that it puts a higher regard on the Department of Conservation to really live the strongest principle that it has in the Conservation Act to give effect to the Treaty of Waitangi principles. This I predict will be a pillar of future lawmaking approaches going forward as we continue to review the benefits that Treaty settlements have provided.There is also some explanation within the bill and detail around the governance entity the selection of trustees and how that is going to be approached. If I could perhaps offer a few comments—you know this has never been easy for any iwi going into a Treaty settlement process and I do not think anyone is immune to the challenges of having to ask themselves: “How do we want to reorganise ourselves for the future so that we’re going to have regard for everybody who is entitled to benefit from a settlement and also have a say through our governance instruments and arrangements?”. Again this is not the time to ask questions and seek answers but at the select committee level there will be a high rate of interest from members I suspect in the way in which Tūhoe has approached this significant question. If we can ensure that the governance entities are as robust as they can be within the context in which they have been designed then that is going to give the next generation greater opportunity and hope that what has been preserved for now will continue to be there for tomorrow.The other part of this settlement that excites me is the fact that it is an affirmation of a history that has not been as well understood by broader New Zealand. Correcting place names is an important part of that. Once we begin to ensure that place names are corrected and references within the context of our history are revealed in ways that become real so that when people passing through on that road that Anne Tolley was talking about which I have probably been on only once—Hon Member: Shame on you!Hon NANAIA MAHUTA: I know and it was a long trip too. What it will reveal to those passing through Te Urewera is that they are in a very special part of the country. Place names do that rectifying history does that and recognising just how important the footprint is that Tūhoe has over its relationship with its domain is so significant.Again this is a first reading speech. There is so much more to say about the bill. I hope that the select committee process will not be too taxing for those who have toiled long and hard to get it to this point—over 5 years I would say. But we will give it the full attention it deserves to ensure that the expectations that have been set out in the deed align with the legislation. That is our job. It is a small part of a bigger wheel that has already been put in train but can I say that we are in a historical moment for this nation. Tūhoe being here today to settle their historical grievances means that the settlement will endure and on both sides of the House we need to ensure that we commit to an enduring relationship. Kia ora koutou.METIRIA TUREI (Co-Leader—Green): Tēnā koe Mr Deputy Speaker. Tēnā koutou e te Whare. E te manuhiri tūārangi ngā kaumātua ngā rangatira ngā tuākana koutou o Ngāi Tūhoe kua tae tautoko mai i tēnei rā nau mai haere mai whakatau mai.[Thank you Mr Deputy Speaker. Greetings to you collectively the House. To the visitors from afar elders leaders elder sisters brothers and cousins to you collectively of the Tūhoe tribe who have arrived here in support today welcome welcome and welcome here.]When you read through the historical account that is written in the Te Urewera-Tūhoe Bill you realise the extent to which we are all victims of history destined to repeat it unless the lessons are truly learnt. I was pleased to hear the Minister for Treaty of Waitangi Negotiations speaking about exactly that in his first reading address this morning because when it comes to issues concerning Te Tiriti o Waitangi the Crown does seem hell-bent on repeating the colonisation process over and over again.Tūhoe as much as others know this only too well. From the historical account in the bill you can see this repeated cycle where Tūhoe assert their absolute and unequivocal sovereignty—their nationhood—but the Crown then uses force to put down their rangatiratanga. It then creates some kind of legal structure that although rhetorically it is supposed to deliver some restitution is actually designed to take even further land resources and mana from iwi. Then some decades later there is an apology for all of those past actions.So what is an apology worth? History has repeated itself over and over in Tūhoe and now of course Tūhoe is owed yet another apology from the Crown which may still take some years to come. Just a few weeks ago it was the anniversary of the Tūhoe raids which was just the most recent example of where the Crown went into Tūhoe territory used the full force of the State against whānau kuia kaumātua and tamariki and used yet again the same justifications that have been used for 150 years for the exercise and abuse of that power. May Tūhoe not have to wait a century for an apology for that process—for that colonial invasion of Tūhoe lands.Looking at the history so that people can see how it has been repeated Tūhoe was subjected to a completely unjust and entirely unjustifiable confiscation of land in 1865. They were not in rebellion; they were simply living as they always have and alwaysintended to as an independent nation as was their right then and is their right now. The damage caused at that early stage was made significantly worse by the compensation court process which returned much of the confiscated land to other Māori but excluded Tūhoe from the land that they had traditionally occupied and cultivated.After the confiscation the Crown waged war in Te Urewera used scorched earth tactics extensively and was responsible for the execution of unarmed prisoners and the killing of non-combatants. Those wars caused Tūhoe to suffer widespread starvation and extensive loss of life. Tūhoe went from being a strong truly independent nation to being a small largely landless group all within a 5-year period.Eventually the Crown withdrew its forces and agreed to leave Tūhoe to manage their own affairs—that sounds rather familiar. A governing council of chiefs Te Whitu Tekau was then established to uphold the mana motuhake in Te Urewera. But then there was the Native Land Court yet another grand idea a grand structure of Government which helped to further alienate the remaining land. The Crown indeed induced Tūhoe to sell a large area of land at Waikaremoana by threatening to confiscate their interests if they did not sell.In 1896 Parliament enacted the Urewera District Native Reserve Act. This provided for local self-government over 656000 acres of the Urewera Reserve and for decisions about the use of that land to be made collectively and according to Māori custom. Tūhoe at that time quite rightly believed that this system would protect their lands from sale and would deliver them genuine decision-making but the Crown did not implement the self-government provisions of that Act and it undermined its protective provisions. Let that not be the case again.Further dodgy tactics and in my view racist law were used by the State to take even more land. Harsh tactics were used to acquire land at Waikaremoana where the Crown assumed control over Lake Waikaremoana and resisted for decades attempts by the owners to secure title to the lake bed.In 1916 70 armed police arrested Tūhoe prophet Rua Kēnana at Maungapōhatu. Two Tūhoe men were killed during that arrest. Rua was cleared of eight charges including sedition but was convicted of “moral resistance”. He was convicted of moral resistance which was the only justifiable action in the face of decades of abuse of power of threats of structural racism and discrimination and of murder—moral resistance.The history continues. In 1954 the Crown established Te Urewera National Park which included most of Tūhoe’s traditional lands. The Crown consulted Tūhoe about neither the establishment of the park nor its expansion in 1957 and it did not recognise Tūhoe as having any special interest in the park or its governance. National park policies have led to restrictions on Tūhoe’s customary use of this land and adjoining land. Again we have the exercise and expression of rangatiratanga by Tūhoe; violence in various forms structural and physical perpetrated by the Crown; and legal structures being deliberately built to deliver unfairness over and over again.We have recently used the word “deal” to describe settlements—and I know that the Minister finds that difficult to hear but I do think that it is the best and truest description of the settlement process—but I do want to acknowledge the Minister for the unique and innovative agreement concerning Te Urewera National Park. I do think that the Minister really has made a great step forward in finding new ways of recognising and delivering to iwi Māori decision-making over their land while trying to address the huge public issue that comes largely from not understanding the true history of Māori in this country.So we are really pleased about the return at least in some form of Te Urewera to Tūhoe. It is a novel legal arrangement giving Te Urewera its own legal identity its ownlegal status whose interests are managed by another group of people—by the board. We are very pleased that the board will in just a few years’ time be dominated by Tūhoe people so that there is genuine majority decision-making by those who are uri of that place and so it should be. We are thankful actually to Tūhoe for their ongoing commitment to having public access and public engagement in the decisions around Te Urewera and we need to make sure that the public understand the extent to which in any settlement including this one iwi Māori make great gifts to the public—make great gifts in the public interest—even in the face of decades and decades of structural abuse. So we are thankful for those gifts.Finally the Greens have always been very highly critical of the settlement process where iwi who are the aggrieved party and the victims of historical attacks have no authority of control over that process. We do understand that the necessary boundaries in a negotiation should be jointly determined by the parties and not set by just one party and we will continue with this critique of the process. But we do want to expressly acknowledge the work that Tūhoe have done to come to a very good agreement with the Crown over this settlement developing novel ways—innovative ways—of finding decision-making authority returning some of that rangatiratanga.We support the bill. We look forward to hearing more of the stories during the select committee process and we look forward to the swift passage of this legislation. Thank you.Hon Dr PITA SHARPLES (Minister of Māori Affairs): He kohu he kohu tau ana tau ana. Tau tāpapa ana ki runga ki a Maungapōhatu a Hinepūkohurangi. E ko Tūhoe-Pōtiki nau mai hara mai rā nau mai.[Tis a mist tis a mist that has landed and settled. Hinepūkohurangi has settled face down upon Maungapōhatu. Behold it is Tūhoe-Pōtiki welcome welcome welcome indeed.]I am deeply honoured to welcome to the House today the sons and daughters of Maungapōhatu the children of Hinepūkohurangi and the descendants of Tūhoe-Pōtiki. Nā reira e tautoko ana ngā mihi ki a koutou e haere tinana mai ki te Whare Pāremata i tēnei rā te tīmatanga o ngā kōrero e pā ana ki te kerēme. Nā reira nau mai hara mai. Kua whai koutou i ngā mahi kua mahia e te hunga whiriwhiri i a Tāmati mā. Nā reira whakatau mai me ngā mate kua pā ki a koutou mai i te tīmatanga o tēnei pire tae noa ki tēnei rā ā tautoko ana au i ngā mihi ngā poroporoaki ki a rātou kia okioki pai rātou i Te Kaihanga. Heoi anō kua tae mai tēnā koutou nau mai hara mai. Tūhoe moumou kai moumou taonga moumou tangata ki te pō.[And so I endorse the tributes accorded to you who have arrived here in person to Parliament House today the commencement of the addresses that relate to the claim. Therefore welcome welcome. You have followed through the work carried out by the negotiators by Tāmati and the others. So welcome with the deceased related to you from the start of this bill to the present day. I endorse the tributes and eulogies to them to rest well with The Creator. So much for that. You have arrived so greetings to you welcome welcome. Tūhoe wasteful of food wasteful of treasures and wasters of men to death.]Before this claim is over the famous whakatauāki will be uttered many times in this House. It is a proverb that perfectly fits the important mahi that we are here to acknowledge today. Tūhoe moumou kai—Tūhoe renowned for generosity. Tūhoe moumou taonga—generosity that has seen the lands and people of Tūhoe become living bastions of culture and language for all Māori people. Tūhoe moumou tangata ki te pō—Tūhoe renowned for steadfast determination resilience fearlessness. Tūhoe did not sign the Treaty of Waitangi. The Crown had no footprint in the Urewera before the 1860s. However the footprint the Crown would soon leave across the lands of Tūhoe-Pōtiki was a footprint of confiscation violence and scorched earth. Critics of this Government’s Treaty settlements usually complain about the monetary cost but how can we ever put a monetary cost on lives land and livelihoods taken by force by the barrel of a gun?Every New Zealander should read the deed of settlement we are enacting today. How else can we know the history and identity of our country if we do not know the whole story? As well as those stories that make us proud to be New Zealanders we should know the stories from our nation’s past that are shocking and shameful. I am an advocate for our history Māori history being taught in schools. Kia mōhio mai ai a tauiwi he aha tēnei mea te mana whenua. Ko wai te tangata whenua? Ērā āhuatanga e pā ana ki a tātau.[So that non-Māori will understand what this thing authority over the land is about. Who are the indigenous people? Those kinds of things about us.]New Zealanders need to know about the war crimes committed by the Crown against the Tūhoe people. Banned by the United Nations Geneva Convention scorched earth is a military strategy where the assets food sources transportation communications and resources of the civilian population are destroyed. Scorched earth military tactics were used by the Crown as it waged war in Te Urewera from the 1860s onwards. Crown soldiers executed unarmed Tūhoe prisoners. Crown soldiers murdered unarmed Tūhoe civilians. Crown soldiers forced Tūhoe families out of Te Urewera and imprisoned them at Te Pūtere. Entire communities were starved. The loss of life was extensive. Those who survived returned home and found their homes burnt to the ground. These crimes took place over years—indiscriminate raupatu or land confiscation killings and scorched earth warfare. So when the critics complain about settlements like the one we are introducing to this House today I urge them to read the history before they dismiss them.I too reacted strongly when the police raids happened in Tūhoe recently like other members in this House today. I referred to it as putting race relations back 100 years and I still stand by that. We are past that stuff. We must be past that stuff if we are going to move on as a nation. Forty years ago the late Tūhoe rangatira John Te Rangiāniwaniwa Rangihau described marae as “A place of refuge a place to live our lives on our terms according to our values; a place where we live learn and cherish a heritage which is truly and always will be our own.” Today is a day for all of us to pay tribute to a tribe whose people have always sought to live their lives on their terms and to bring their children up according to their values. Tēnā koutou Tūhoe. They have always sought to keep their ancestral lands as a place in which to live to learn and to cherish a heritage that is truly and always will be owned by the sons and daughters of Tūhoe-Pōtiki—Tūhoe puna of knowledge stronghold of culture and a place of refuge for Māori language and culture. The Māori nation is indebted to the Tūhoe people. The New Zealand nation is indebted to the Tūhoe people. As a tukemata of Ngāti Kahungunu I am humbled proud and honoured to stand here on what is a milestone day for all New Zealanders.A major part of today’s milestone is the concept of matemate ā one. That lies at the heart of Tūhoe-tanga a touchstone for kinship human relations and eternal bonds which are those things that unite a whānuau a hapū a tribe. Today these are the kinds of bonds that we are hoping to rebuild. The Tūhoe settlement has always been a Te Urewera settlement. One of the key components of this settlement is the recognition of Te Urewera in her own right and with her own identity. This settlement will release Te Urewera from the Crown’s control and influence. Through this action the Crown acknowledges Ngāi Tūhoe’s unique and special relationship with her and the wāhi tapu and taonga that lie within her boundaries.In conclusion the kind of loss faced by the families of Tūhoe-Pōtiki is the kind of loss that can never be minimised in a dollar value. This kind of loss is forever felt by whānau across generations throughout an entire tribe. And yet the people of Ngāi Tūhoe are here today because they wish to settle their historical Treaty of Waitangi grievances with the Crown. So I acknowledge the sacrifice pain and injustices caused by the Crown suffered by the whānau of Te Urewera.So many are no longer with us but their sacrifice their steadfast determination and their mana will soon be recorded in the laws of this nation mai rā anō. I would like to acknowledge Minister Finlayson. One of the first settlements he began researching was this one. He went backwards and forwards as did Tāmati and he would come springing—actually springing—into my office saying: “I’ve got it. I’ve got it. I’m going to get the bloody forest back.” Ēnā momo kōrero.[Those kinds of stories.]Then the next day there were the fish hooks. Then on another day he said: “I’ve got it.” And so on. Congratulations Minister. You really pulled one off here. It is really good for us all. I also pay tribute to and thank the sons and daughters of Hinepūkohurangi for their leadership. Without their mana without their incredible generosity we would not be here today. Tūhoe moumou kai Tūhoe moumou taonga Tūhoe moumou tangata ki te pō tēnā koutou tēnā koutou kia ora tātou.[Tūhoe wasteful of food wasteful of treasures and wasters of men to death so salutations and greetings to you collectively and to us.]Hon TAU HENARE (National): Kia ora. Te mea tuatahi ki aku rangatira Tūhoe tēnā koutou. Ā tēnā koutou i haere mai i tēnei rā nō reira e ōku tuākana tēnā koutou tēnā koutou tēnā koutou katoa.[Thank you.In the first instance greetings to you my Tūhoe elders. Salutations indeed to you who have arrived here collectively today so to my elder brothers sisters and cousins acknowledgments greetings and congratulations to you all.]I thought I might do something different and speak from notes. I want to read to the House and into the record the second schedule of the Urewera District Native Reserve Act 1896. It states: “Second schedule. Premier’s Office Wellington 25th September 1895. To the persons who came hither to represent Tūhoe and who have addressed me with reference to certain matters affecting the tribe. Friends—salutations! In response to your application that I should give you an answer to the matters brought before me and acquaint you with the decision of the Government thereon in fulfilment of my promise I now address this communication to you. In the first place you ask that the rohe-potae of the Tūhoe land—that is to say the country known as that of the Urewera—be permanently determined; and in order to do this that a Commissioner be appointed to define the boundary known as the rohe-potae. I do not see why this cannot be done. I have no objection to that. The boundaries of these lands can be determined by the trig stations that have been erected. You ask also that a Commissioner be appointed to inquire into the title of the persons owning land within the said rohe-potae and to determine the boundaries of land belonging to hapus and persons who consider that the land is theirs his decision to be set down in writing; the Commissioner also to make a sketch-plan of the country to be approved by the Surveyor-General the boundaries of the land belonging to the hapus being determined by landmarks where possible to do so; if not then to be surveyed with the concurrence of the owners of the land. In coming to such a decision the Commissioner must pay due consideration to Native manners and customs and where it is possible to do so he must follow the boundaries of the several hapus each block to be dealt with in a clear and proper manner.In dealing with the title of a person and his family they must be deemed to be joint tenants. When the Commissioner has concluded his investigation into the title of the several blocks then the Maoris who are in a block of land belonging to a hapu mayelect a Local Committee the members of which must not exceed seven in number. This Committee to be an administrative one to act for the owners of the land for the period for which they were elected. The number of these Local Committees should be determined by the number of the hapus and the owners of the blocks of land.You ask further that a General Committee be appointed to deal with the tribal lands generally and that the decisions and proceedings of the said Committee be binding on the Local Committees and hapus; its proceedings to be conducted in accordance with Maori manners and customs. I think that such a Committee should be appointed and in order to give effect to this I agree that each Local Committee or hapu should elect one of their number to be a member of the General Committee all the decisions of the General Committee to be communicated to the Local Committees for their guidance.The regulations for the appointment of a Commissioner and for the election of members of Local Committees and of the General Committee will be communicated later on after an Act has been passed giving effect to what is here set forth which will be explained by the Hon Mr Carroll and Wi Pere member for the Eastern Maori Electoral District to Tūhoe.You also remind me of the promise that I made when I visited you a short time back with reference to the establishment of schools at some of your principal kaingas. As I feel that the education of your children will give you pleasure and that the children will benefit thereby in the time to come the erection of school-buildings will be proceeded with forthwith. I regret very much that this has not been proceeded with sooner but I will give instructions to have it done forthwith.You refer to the road works in your district and ask that certain sections be given for the Maoris to do and that when the roads are finished that certain portions be given to the Maoris to maintain. These requests are reasonable and will be given effect to.As you feel that it would be desirable to provide an additional attraction to European tourists and at the same time provide you with additional sources of food you have asked that arrangements may be made for the introduction of English birds and by stocking the rivers with English fish. By such means you Maoris will be benefited and the rest of the colony as well. I will place myself in communication with the Curator of the fish-ponds at Masterton and ascertain whether there are any English trout that can be supplied to you this year;”—and so on and so forth.As a second-generation urban dweller I always wondered what Tame Iti was on about when he used to refer to the nation of Tūhoe. I always wondered well hang on what about Ngāpuhi? What about everybody else? Why do I only ever hear about the nation of Tūhoe? In the 1860s on rolled through Tūhoe lands one of the biggest confiscations this country has ever seen. In the 1890s there was a bill that set out the rangatiratanga that set out mana Māori Motuhake in a form that we have never seen in a bill. The Prime Minister the Premier in that second schedule to the bill set out what he wanted for Tūhoe and allowed them to have basically from what I read self-governance. Basically it is what I read as being a nation. It set out a Commissioner of Lands. It set out tribal land committees even before we knew about Māori committees and all the sorts of things we have today. It established Tūhoe schools. It even talked about roadworks. We have been doing the “whoa-go” sign for years! Finally it talks about the fish in the lake from Masterton.That is what Tame was on about when I used to hear him talk about what the Tūhoe nation was. So I am really overwhelmed at the fact that we have got to this position. As chairman of the Māori Affairs Committee I cannot wait until we get up to have our first hearing on top of Taiārahia and wherever else they want to take us to school us up on what it is in the bill that makes them want to sign—makes them want to get it over and done with.I am not of the school that thinks we should be looking at the bill and wondering whether it is OK; I am of the school that we should ask Tūhoe whether it is OK. If it is OK then let us get on with it. My wish is that my colleagues on the select committee feel the same way and that as soon as is practically possible we can get the bill back into the House and then on to its Committee stage and third reading and there would be a very good new year’s gift to Tūhoe.But I also have to mention that after the tanks rolled in even before we had tanks in the 1860s the horrible thought that in 1916—you know we talk about the Māori land wars and issues of the 1840s the 1850s the 1860s the 1870s the 1880s and the 1890s and we think that it all ended in that century but it did not. We thought that it ended in 1916 but it did not. Only a couple of years ago—a couple of years ago—why would you send people dressed in black balaclavas and tooled up to the nines into a land into a nation into a country? I say “country” because that is actually what Seddon referred to with regard to the Tūhoe people. [Interruption] I have not heard the bell.The ASSISTANT SPEAKER (H V Ross Robertson): I know. I was so deeply listening Mr Henare that I forgot to press it. So I will give—Hon TAU HENARE: So when you push the bell I will have 2 minutes left. [Bell rung] Thank you very much. It is a country. I have never heard anybody say this but I have heard outside the House reference made to this by my colleague and very dear and very good friend the Hon Annette King who has said sorry. I also want to apologise to my tuakana for those dastardly raids which are a blight on this nation’s history. They are a blight on this nation’s history.Why would you do that? Why would you go out of your way to treat people like that after you have treated them poorly right throughout history? It is a continuation of what I see as just absolutely poor behaviour by a Government. And it does not matter whether it is a Labour Government or a National Government. We are all part and parcel of this Parliament so we bear the shame of that day.I will close by saying this. Apart from Ngāpuhi Tūhoe people are my favourite people. Kia ora.MEKA WHAITIRI (Labour—Ikaroa-Rāwhiti): Ā tēnā koe Mr Assistant Speaker. Tēnā koe e te Whare e tū mai nei tēnā tātou katoa. Tūhoe mana Tūhoe reo Tūhoe tangata karanga mai karanga mai karanga mai. Karanga mai ngā tini aituā kua wehe atu ki te pō haere haere haere atu rā. Ōku rau rangatira mā e kui mā e koro mā kua tae mai nei nau mai nau mai haere mai. Haere mai ki tēnei Whare i runga i te kaupapa tino whakahirahira. Nō reira e te iwi Ngāi Tūhoe tēnā koutou tēnā koutou ā tēnā koutou katoa.[And thank you Mr Assistant Speaker. Greetings to you the House standing here and salutations to you all. Tūhoe authority Tūhoe voice Tūhoe person call shout and summon. Beckon the innumerable deaths that have departed to the void. Go journey on and farewell. To my many chiefs my elderly women and menfolk who have arrived here welcome welcome welcome. Welcome to this House in regards to this matter of great significance. And so to you the people of the Tūhoe tribe acknowledgments salutations and congratulations to you all.]I join with my colleagues on this side of the House to support the first reading of the Te Urewera-Tūhoe Bill. Before I go through the bill itself in detail could I make some acknowledgments to the people of Tūhoe to thank them for their patience thank them for their tolerance and thank them for their sacrifice in what today is the beginning of the end of settling your historical grievances. As a former mandated negotiator for Rongowhataata I can only share the celebration and also the mamae of those kaumātua who are no longer with us who began this process. So to you all I mihi. Tēnā tātou katoa.The purpose of this bill the Te Urewera-Tūhoe Bill is to give effect to the deed of settlement signed on 4 June 2013 in which the Crown and Tūhoe agreed to the final settlement of the historical Treaty of Waitangi claims for Tūhoe. The deed of settlement sets out in full the redress provided to Tūhoe in settlement of all of their historical claims. In settling these claims the Crown acknowledges past wrongs and its intentions to put in place the foundations for a constructive future relationship with Tūhoe.It is intended that this bill be divided at the Committee of the whole House into two parts. Parts 1 to 4 will be known as the Tūhoe Claims Settlement Bill. I acknowledge the Minister Chris Finlayson for bringing this bill to the House and his special acknowledgment of the social agreement of building capacity for Tūhoe people and also providing better Government services. Parts 5 to 7 will be known as the Te Urewera Bill. Tūhoe is New Zealand’s sixth-largest iwi with a population of over 32000 at the 2006 census. The traditional lands of Tūhoe centred on Te Urewera but over time Tūhoe influence extended to Waikaremoana and Pukeuri in the south and from Kaingaroa in the west to Ngātapa in the east. Can I just acknowledge my tīpuna from Rongowhakaata who were killed and thrown off the cliff at Ngātapa and our close relationships with the Tūhoe people. In the north Tūhoe and other iwi used the resources of Ōhiwa Harbour.The claims of Tūhoe against the Crown are wide ranging. They relate to confiscation—raupatu—during the 1860s; Crown military operations in Te Urewera during the 1860s and 1870s that resulted in widespread destruction and loss of life; the impact of the native land laws from the 1870s; the failure to properly implement the Te Urewera District Native Reserve Act 1896; Crown purchasing some of which was illegal; and further loss of land through Crown-instigated consolidation schemes.As previous speakers have said in 1954 the Crown established Te Urewera National Park which included most of the Tūhoe traditional lands. The Crown did not consult Tūhoe about this and did not recognise Tūhoe as having any special interest in Te Urewera National Park or its management.Labour supports a reconciliation process for historical breaches by the Crown to Māori. The Waitangi Tribunal and the Treaty settlement process are an important part of that process. We acknowledge the commitment and leadership required for iwi to reach an agreement with the Crown and we understand that it must be a durable settlement. Each settlement is unique in its redress components which attempt to restore what has been taken and what can be preserved and developed for future generations. Treaty settlements are an important part of our modern identity and we hope that iwi the Crown and our communities will better understand the conflict of our past the commitment to resolve outstanding grievances and the hope of a shared future.I will turn to some of the detail now. I am looking forward to working with my colleagues on the Māori Affairs Committee and we also commit to our chair Mr Tau Henare that we will do all in our possible grasp to ensure that this bill gets through in a speedy fashion and in a timely way. In terms of this settlement package I would like to draw the House’s attention to Part 1 which contains a summary of the historic account from the deed of settlement the acknowledgments and apology given by the Crown to Tūhoe and the acceptance by Tūhoe of that apology. That is important to acknowledge. In writing our own historical account in our Rongowhakaata settlement claims it was let me say an arduous task getting our historical account right. So I want to acknowledge the work that has been put in from Tūhoe and the Crown to ensure that we have got an acknowledgment and an apology that are acceptable to both parties.Part 2 of the bill sets out the cultural redress provided to Tūhoe including the vesting of five cultural redress properties the provision of two protocols and the appointment of the trustees of Tūhoe Te Uru Taumatua as a fisheries advisory committee as well aschanges to a small number of geographical names that also includes Tūhoe as a member of the Rangitāiki River Forum.Part 3 of the bill includes some of the commercial redress that will enable Tūhoe to establish an economic base including the opportunity to purchase five Crown-owned properties within the deferred selection period subject to their lease back to the Crown and an exclusive right of first refusal over Crown-owned properties within a specified area for 172 years from settlement date.Part 4 of the bill will assist Tūhoe to consolidate and improve the efficiency of their governance entities as well as instituting a tikanga-based process for selecting trustees to their mandated iwi organisation. It provides for dissolution of the Tūhoe-Waikaremoana Maori Trust Board and the vesting of its assets; a merging of the Tūhoe charitable entities the Tūhoe-Waikaremoana Maori Trust Board Charitable Trust and the Tūhoe Fisheries Charitable Trust into the Tūhoe Charitable Trust; recognition of the Tūhoe Charitable Trust as the mandated iwi organisation of Tūhoe; and an exemption from the requirement in the Maori Fisheries Act 2004 that individual iwi members must have a vote in the election of trustees.In reading this bill to the House I am attracted to the innovation that comes back at me. I want to acknowledge both Minister Finlayson and the people of Tūhoe particularly around Te Urewera for giving that important taonga its own wairua and essence in terms of its own legislation but also for the mana motuhake part of this bill. I say in my closing summary that I too join with this House to acknowledge the work that has gone ahead. I look forward to this bill coming through the Māori Affairs Committee and again I stand to support and celebrate this historic day for Ngāi Tūhoe. Nō reira Mr Assistant Speaker tēnā koutou tēnā koutou tēnā tātou katoa.TE URUROA FLAVELL (Co-Leader—Māori Party): Tēnā koe Mr Assistant Speaker. Ka nui te mihi ki a koe i tēnei ata otirā ki tō tātau kaiwhakarite. Ka nui te mihi ki a koe e whakatau nei i te āhuatanga o tō tātau noho tahi i tēnei ata. E kī ana te kōrero Ngāi Tūhoe kiri kawa ki te kupu kiri kawa ki te riri kiri kawa ki te rākau; tēnā koutou haere mai.Ka noho a Rangiwhakaekeau a ia Uenukurauri ka puta ko taku whakaihu waka a Te Hāpito-o-te-Riri. E kīia ana tōna ingoa ko Rangiteaorere nāna hoki te kōrero: “He kotahi nā Tūhoe ka kata te pō.” E kīia ana anō hoki te kōrero: “Ngā mate o Te Arawa mā Te Arawa e tangi ngā mate o Mātaatua mā Mātaatua e tangi.” Nō reira e hoa mā kawea mai ngā pare kawakawa kai a koutou mā mātau e mihi mā mātou e tangi. Kua puta kē te kōrero “Tūhoe moumou kai moumou taonga moumou tangata ki te pō.” Otirā ngā uri o ngā ika a whiro o Ngāi Tūhoe haere mai tēnā koutou tēnā koutou tēnā koutou katoa.Ko te ngākau kei te kī me kōrero Māori mō te roanga ake o ēnei 10 meneti ēngari arā anō ētahi kōrero ē te tikanga o te āhua nei ka whakaputa i Te Reo Pākehā kia tuhia e ngā tāngata nei mō āke nei mō ake nei. Nō reira kaua e riri mai. Kia hoki mai i te wā tuatoru ā ko Te Reo Māori te kōrero.[Thank you Mr Assistant Speaker. I appreciate you greatly this morning and in particular the person who conducted our prayer. Thank you immensely for that in respect of our sitting together this morning. According to a saying Ngāi Tūhoe is short tempered with words short tempered in battle short tempered with weaponry; salutations to you and welcome.Rangiwhakaekeau had a liaison with Uenukurauri and begat my famous ancestor Te Hāpito-o-te-Riri. It has been stated that his name was Rangiteaorere. He gave rise to the saying: “A single one of Tūhoe cause laughter in the underworld.” Another saying also states: “Te Arawa’s deaths will be mourned by Te Arawa and Mātaatua’s deaths will be mourned by Mātaatua.” So bring forth your head greenery adornment ofmourning for us to acknowledge and mourn over. The saying “Tūhoe wasteful of food wasteful of treasures and wasters of men.” has already been mentioned. And so welcome to the veterans of Tūhoe greetings acknowledgments and salutations to you all.The heart is saying to me to speak on in Māori for the remainder of these 10 minutes but there other statements to be made that must be done in English so that these people here can capture them in the record forever. So do not be angry. When we come back for the third reading it will be totally in Māori.]I thought I would just say as the MP for Waiariki that I kind of like to think I have been pretty close to the action over these many years. I do not say that I know it all about this particular bill the Te Urewera-Tūhoe Bill but I have been pretty closely involved in terms of many things that have gone on. I thought I would take the opportunity over the 10 minutes I have got left just to put some comments out there.I want to acknowledge Minister Finlayson for his efforts. Like Minister Sharples has said I too have been at the end of the lift when he has come down saying: “I’ve got it! I’ve got it! I’ve got it!”. After five times it sort of wears off Minister but you did it today.Ka nui te mihi ki a koe—congratulations. Congratulations also to Mr Woodsand to the other negotiators Tāmati and Kirsti. Tēnā koutou katoa. There will be more acknowledgments of you I am sure in the future.Talking about settlements I think for me it is pretty hard to get a feeling for what those people who come into this House like the ones who are here today really feel unless you live there and you are part of the community. When you go to Taranaki you cannot talk about understanding confiscation until you sit there you sit in front of the people you sit in those communities you hear those stories you go to Parihaka and you feel what it is like and what they feel like when they come through the doors to listen to these settlement speeches. I cannot say that I have lived in Tūhoe—close enough Ngongotahā—but be that as it may I would like to feel that I have got enough close contacts like Mr Tau Henare talked about: the fortunate experiences of sitting next to people like Tame over the many years and visiting Tūhoe.The one thing I do remember is back to the time when the Waitangi Tribunal went into the Tūhoe valley. What a day! I will never forget it. I will never forget it because it was the first time I had seen cars tipped upside down on the side of the road—not just one but about a dozen. I will not forget the fires. I will not forget the smoke. I will not forget the hot day. I will not forget not one not two but at least three pōhiri to the tribunal. I will not forget the 30 people who were on horseback who came in and ushered the tribunal into the Tūhoe nation. I will not forget the semi-naked Tūhoe people who made the point about scorched earth policy which affected those people on that day. I will not forget even though I missed it a certain person armed with a certain shotgun aimed at a certain flag. I will not forget that because it is well documented. That for me brought it home because I was with my young child at the time. It was a hot day and I could not stay for the whole day but it will never ever—never ever—be forgotten by me as a part of my experience with this bill.But there were others. I think about the first efforts that were made to pull together the Tūhoe people. Tāmati of course has been acknowledged. I think about Matiu Te Pou and I think about Robert Pouwhare. I think about Te Toka.I think about the many others who took this claim around to try to get some agreement byTūhoe. The people came and in fact had the signing here in Parliament and I believe were of one mind one spirit and one heart. There was a real desire to have settlement brought to conclusion—the history that has already been discussed in this House. They went through a process of formalising entities and of course you get to the point where some would fall away. There were some fromNgāti Haka Patuheuheu a little bit ofMaungapōhatu and a little bit ofWaikaremoana. I do not know all the details but what I do know is that some fall away as they do in all settlements.But a few things happened for me. One was that I was asked to present concerns raised by some people to the Minister of Māori Affairs and I can put my hand on my heart and say I did that. I was asked to get meetings with the Ministers to allow them to put an alternative case to what was being generated. I can put my hand on my heart and say I did that. I was asked to try to see whether we could pull the parties together. Hand on heart I think I tried to do that. But the trouble was that it did not quite pan out. I was asked to attend meetings at Waiōhau where the Te Umutaoroa Collective pulled together numbers of people asking that I present a case to the Ministers. I did that.I remember going to Tūhoe and to Ruātoki to visit taraipara a hui of the collectives of all of the marae of Ruātoki where I was told in no uncertain terms firstly that the door is always open to anyone to come through the claims process. I was told that Urewera is at the heart of their settlement claim and to get it back. We tried to facilitate hui but unfortunately it did not come to pass as I say. So the things that stick for me about those hui were that the door was always open a proclamation on the part of pakeke at Ruātoki and that there was a willingness to meet with the other parties the disaffected parties. That was great. But the Tūhoe settlement could not be held up for the few especially as everyone had stood together here in this Parliament to get the signing. Finally I was told that no discussions should be had with any other disaffected groups if Tūhoe substantively was in front of the court. And they were at that time. I think about that because that is the part of the long history that gets us here today.I recall the court cases. Tūhoe have not only had to suffer injustices way back and in terms of the Crown but internally in a sense because they have been hauled to court. I need to say that there is a particular president of a political party called the Mana party who was the lawyer at the time who had I suppose the audacity to say that the Tūhoe settlement should go ahead on the election trail and yet she was the lawyer at the time who took the action against Tūhoe. That for me was way out of order. So there have been court cases and there have been challenges.I have been to the taraipara hui in Ruatāhuna and Ruātoki and the view has always been that Urewera is at the heart of this settlement. In fact I recall one hui in Ruātoki where Tāmati and other pakeke advised me again that that is at the very heart of how they wanted to move forward.I was asked to give some support and give some assistance. I know it is not right that MPs treat for votes—in other words throw incentives for people to vote for you and I have to say I have not done that. But I am not sure either whether it is appropriate or whether there are any rules around people saying that if you do certain things then they will vote for you. I do not know whether it is the opposite side. Well at the recent signing I reminded Tūhoe of a gesture made to me by I will say the taraipara at the time but it was probably Tāmati I think. He said that if we could achieve this deal today a magnanimous gesture would be given to me in that a swamp would be named after me. It is not every day that you get a swamp named after you but I make that statement simply to remind us I suppose of the depth of feeling. Even if it is a shallow swamp I will take it.We should remember that all of the debate has been against these difficult circumstances. There have been others. Firstly the deal has been on the table against the backdrop of what other members have talked about so Tūhoe needs to be commended for the avenues it has taken. The raids have been talked about. I do not want to go any further than that apart from saying that they would have tested the relationship between the Crown and the negotiators. I leave it at that. It was a sorry saga and we may come back to that later. Also there were the statements from the Prime Minister from time totime when he said that Urewera is not going to be part of the settlement. Well you got proved wrong. Well done Minister. I think that the master stroke was a deal or at least a relationship agreement signed on 28 June 2011 which was an attempt to bring the parties together. I say to the Minister and to those associated—master-stroke theatre.Just to wrap up just to say this—2 nights ago 3 nights ago maybe onNative Affairs there was a professor Professor Innes Asher who talked about the psychological harm done to the children of this generation with those raids. I hope that the positives of this settlement will also be in the hearts and minds of young Tūhoe in the future. Talking about the history—not long ago I read the book calledThe Prophet and the Policeman by a person by the name of Mark Derby talking about the relationship between Rua Kenana and John Cullen the first policeman ever to arrive in New Zealand. He went up to Maungapōhatu and for all intents and purposes you would understand why people feel pretty sour about the historical context because that event was duplicated some 5 years ago.There is a lot at stake in this bill and you can take it that the Māori Party is fully behind its settlement. We look forward to the future debates but I commend Tāmati. Ki a koutou ngā mātātahi o tēnei kaupapa ki te Minita i māia koutou.Kua eke ki te Whare Pāremata tēnā koutou tēnā koutou kia ora tātau katoa.[To you the young battlers of this matter to the Minister you were courageous.It has made in Parliament House so greetings congratulations and thank you all.]RINO TIRIKATENE (Labour—Te Tai Tonga): Tēnā koe Mr Assistant Speaker. Ā tihei wā mauri ora ki te whai ao ki te ao mārama. Ngāi Tūhoe tēnā koutou. Nau mai hara mai ki te Whare Pāremata ki Te Ana o ngā raiona e takatū nei. Nau mai piki mai i ngā wawata ki te whakatutuki i ngā wawata o rātou mā tēnā koutou. E aku rangatira huri noa i te Whare tēnā koutou tēnā koutou tēnā tātou katoa.[Thank you Mr Assistant Speaker. Behold the sneeze of life to the glimmer of dawn to the bright light of day. Greetings to you the people of Tūhoe. Welcome to Parliament House to the lions’ den standing here in readiness welcome. Welcome come aboard with aspirations of fulfilling the hopes of those no longer here well done. Acknowledgments to you my leading figures throughout the House salutations and greetings to us all.]I stand wholeheartedly in support of this bill the Te Urewera-Tūhoe Bill. I am honoured to be able to make a contribution in these debates. As the member for Te Tai Tonga Te Wai Pounamu I have not had the privilege yet of going into Tūhoe country but I am very much looking forward to that when I go travelling through with our Māori Affairs Committee.We have heard many contributions on this historic occasion. I would like to acknowledge my colleague my matua the Hon Shane Jones because he talked about the history of Tūhoe and it has been well documented by Pākehā and Māori over the past hundred years or so. But the Tūhoe struggle is still unknown to all New Zealanders. That is a sad occurrence and that is why it is really important that we can try to do our best to project and to inform all of Aotearoa New Zealand on the importance of the history of this people and the atrocities they have gone through.Just referring to my notes my colleagues from around the House have referred to the terrible scorched earth policies the raids and various other histories but I would like to take this opportunity in my contribution to talk about the history—one story of many hundreds of stories that make up the history of the Ngāi Tūhoe people. This story I think sums up for me a whole lot of the stories of Crown actions that we have heard. But this story concerns the dodgy land deals by Pākehā acting in their private capacity and of subsequent Governments that failed to take action to prevent Tūhoe from being alienated from their lands. I would like to acknowledge Dame Judith Binney EmeritusProfessor of History at Auckland University who is a close friend of the Tūhoe people and whose kōrero inStories without End I acknowledge today because this story has a bit of an association with Te Wai Pounamu and that is why it struck out to me.The actual central character of this story is one Hare Rauparaha Native Land Court interpreter who lived among the Arawa Tūhoe and Ngāti Awa peoples of the central North Island Bay of Plenty region at the time that Te Kooti was moved across the island. He was a mate of Te Kooti’s and son of the famous warrior Te Rauparaha of Ngati Toa Rangatira. He ingratiated himself among the whānau of Ngāti Haka Patuheuheu by marrying a daughter of the chief. Hare Rauparaha ultimately defrauded the community he lived in of 7000 acres of land by manipulation deceit and fraud.These traits are hardly becoming of the son of the great fighting chief Te Rauparaha composer of our national haka and they are not. They are the actions of a European male born to immigrant British parents in Nelson in 1842 by the name of Harry Roberts Burt. Harry Burt who would have grown up in the New Zealand Company settlement of Nelson would have been raised on the stories of Te Rauparaha the conquering of Ngāti Toa the allies of Ngāti Toa and my whanaunga at Ngāti Rārura Te Ātiawa who raided and conquered Te Tau Ihu in the 1820s. They had the mana in that area. Young Harry grew up with the pā kids and he became part of those lucky first-generation Pākehā kids who spoke Te Reo Māori. He understood Māori ways in a manner that his parents did not understand and armed with this knowledge Harry Burt became an obvious choice as a Native Land Court interpreter. He had a nice English wife and children but when he hit the road for mahi he turned into Hare Rauparaha Native Land Court interpreter and illegitimate son of Te Rauparaha—quite a transformation. He was not quite a superhero; he turned into a supervillain.The story of the loss of mana and land of Ngāti Haka Patuheuheu situated in the Rangitaiki River valley at Te Houhi is as complex as it is egregious. As complex as the story of Te Houhi is it is another example of the lengths that Europeans went to in order to accrue land illegally. I will try as best as I can to convey this to the House but the basic chronology of the loss of Te Houhi goes like this. Te Houhi sat within the land block known as Waiōhau and through deception and fraud Hare found a couple of blokes. There was a partition that came up and he managed to have the 14000-acre block partitioned into two equal potions. Waiōhau 1B was put into the name of these two blokes. As soon as they got the title they walked out of the court and the judge and Hare witnessed the sale of that 7000 acres to Hare’s wife. Every time I hear of these stories I am so shocked and almost disgusted at the fraud that went on.The land was placed into Burt’s wife’s name. There was an inquiry. The people rightly complained. They had the grievance investigated but due to the incompetence of that inquiry the title stayed in the name of Burt’s wife. A caveat was placed upon the land and the Crown knew that the people of Te Houhi had been swindled but the caveat was lifted and Burt’s wife became protected. She was guaranteed title because she had acquired clear title regardless of whether it had been obtained by fraud or not. The miseries of the people of Ngāti Haka Patuheuheu continued when they were not permitted to remove their meeting house as well as a native school that the people of their community had built on that land. The Government in its shame had to purchase the whare tupuna and the hapū had to break the house down in parts and with a horse and cart remove the whare and take it north to much poorer lands in the original Waiōhau block.The pain of that transaction started in 1878 and ended in 1906. For nearly 30 years Tūhoe and Ngāti Haka Patuheuheu tried to use the law to retain their lands but to no avail. The admittance of the Crown that Tūhoe had been part of a terrible fraud and deception was of little comfort to them. The lengths to which Harry Roberts Burt wentto defraud the families of Te Houhi will go down as one of the most reprehensible acts visited upon Tūhoe. There is much I have not shared with this House out of respect for Tūhoe and Dame Judith Binney. Suffice to say what I have shared will in some way help to explain why Tūhoe have had very little to do with successive Governments. If I could leave these words of the judge who presided over that case regarding Te Houhi he said: “I regret the hardship to the defendants. That they have suffered a grievous wrong is in my opinion plain. It is doubly hard that this wrong should have resulted from a miscarriage which certainly ought to have been avoided in the very court which was specially charged with the duty of protecting them in such matters. The plaintiff is of course blameless in the matter.”Once again this was just one story of these illustrious people of Tūhoe. I would like to acknowledge them once again—the hapū of Ngāti Haka Patuheuheu and their story of Te Houhi and their land at Waiōhau. Once again I acknowledge the work of Dame Judith Binney and her bookStories without End. There are stories without end but this is a new story. This is a new story for Ngāi Tūhoe and I am pleased to be here talking in support of this bill. I am looking forward to working with my colleagues on the select committee under our chair Tau Henare. We will speedily bring this bill through the House. I commend this bill. Tēnā koutou tēnā tatou katoa.CLAUDETTE HAUITI (National): Tēnā koe Mr Assistant Speaker. Ka tū ake ahau ki te mihi i te iwi o Ngāi Tūhoe tēnā koutou katoa.[Thank you Mr Assistant Speaker. I rise to acknowledge the people of Ngāi Tūhoe greetings to you all the tribe of Tūhoe.]This has been a long journey for Ngāi Tūhoe and although we need to reflect on the significance of today we must also focus on passing this bill the Te Urewera-Tūhoe Bill and setting in motion the next phase of the Tūhoe and Crown relationship. This bill gives effect to the deed of settlement signed at Parliament on 4 June 2013 by Te Kotahi ā Tūhoe Trust iwi negotiators and the Crown. It was a momentous occasion with almost a thousand Ngāi Tūhoe members in attendance. The bill provides redress for Ngāi Tūhoe’s historic Treaty claims.Ngāi Tūhoe’s grievances are significant and long standing. The impacts of Crown actions were severe—almost the worst in our history. They include raupatu during the 1860s and Crown military operations that resulted in widespread destruction and loss of life. This bill provides a historic account of and apology for these terrible breaches of the Treaty. It provides commercial redress totalling $170 million along with the earlier on-account forestry settlement as part of the Central North Island Iwi Collective. It also provides for mana motuhake redress.Mana motuhake has unique meanings for different iwi. For Ngāi Tūhoe mana motuhake is connected to Te Urewera the whenua within which they dwell—these lands that sustained Tūhoe in times of adversity and in times of peace. Simply put mana motuhake is entwined with Tūhoetanga. Mana motuhake is in the songs sung the haka performed and on the haki that has become known as Tūhoe’s symbol.Mana motuhake for Tūhoe is simply but implicitly Tūhoe whenua Tūhoe tangata Tūhoe self-determination the distinctiveness of autonomy self-sufficiency self-respect self-discipline and independence of judgment and decision making. Mana motuhake o Tūhoe is responsibility for wise and beneficial leadership protecting the environment and therefore the resources of the community its life force and its integrity. By cleaving to that ethos Tūhoe will pursue and enhance the autonomy of its people and its homeland deciding how they will develop manage and maintain health education infrastructure employment capability and leadership.This bill incorporates a social service management plan for the Tūhoe rohe governing relationships with and better management and delivery of services by keyCrown agencies and Tūhoe over the long term. At the heart of the settlement in the bill are the new arrangements for Te Urewera. Ngāi Tūhoe’s relationship with Te Urewera is unique. The significance of Te Urewera to Ngāi Tūhoe is that the people are embedded in the landscape. They breathe as one. With the rolling contours so too does the blood within each Tūhoe descendant flow. Te Urewera and Ngāi Tūhoe are not an extension of each other; they are each other and one another.Te Urewera National Park was established in 1954 but its origins date back to the New Zealand Wars and the rongopai agreed between Tūhoe and the Crown in 1871. After invasion and unjust confiscation in 1866 and 3 years of the Crown’s brutal scorched earth tactics from 1869 to 1871 which devastated the district and left one in eight Tūhoe dead—most from starvation and illness—peace was welcomed. In exchange for Tūhoe continuing to preserve the peace the Crown pledged to leave what was left of Te Urewera as an inviolate protectorate within which Tūhoe through Te Whitu Tekau would manage their own affairs.For a time after 1871 the Government respected Tūhoe’s wishes to preserve their homeland but the edges of Te Urewera were progressively nibbled away through shady shonky Government land deals with neighbouring iwi who held shared interests in Te Urewera’s border lands. By the 1890s Te Urewera was an encircled land and Tūhoe strived to preserve what remained. When the Government began to impose costly surveys of their land in 1892 Tūhoe protested. The military including an Auckland artillery detachment were promptly sent in to enforce the survey and 15 Tūhoe were arrested and imprisoned. We heard the Minister for Treaty of Waitangi Negotiations talking about Premier Richard Seddon’s visit to Te Urewera in 1894.In 1896 Parliament enacted the Urewera District Native Reserve Act. This purported to provide for a measure of local self-government over a 656000 acre Urewera reserve and for decisions about the land the use of the land to be made collectively according to Māori custom. However the Crown never implemented the self-government provisions of the Act and undermined its protective provisions. In April 1916 there was the assault by 70 armed police on Maungapōhatu to arrest the prophet Rua Kenana—an illegal act in which two Tūhoe men were shot dead.Roading and survey costs imposed on Tūhoe under the 1921 Urewera consolidation scheme resulted in the significant loss of land. Harsh tactics were used to acquire land at Waikaremoana. The Act was repealed in 1922. In 1954 the Crown established Te Urewera National Park which included most of Tūhoe’s traditional lands. The Crown did not consult Tūhoe about this and did not recognise Tūhoe as having any special interests in the park or its management.This legislation provides new arrangements that confirm Tūhoe to Te Urewera and provide for that connection to be strengthened through Tūhoe’s role in its governance and management. Te Urewera will no longer fall under the National Parks Act. It has its own mana its own mauri. The legislation provides that Te Urewera will have its own legal identity and that the land will be vested in that identity.Tūhoe will have an increasing role in management over time with the Department of Conservation working alongside Tūhoe. Tūhoe and the Department of Conservation will enhance Te Urewera as a place of outstanding natural recreational and cultural value. It will be a place that all New Zealanders will enjoy. This is not the end of the Ngāi Tūhoe - Crown relationship but a new beginning of a post-settlement relationship. This bill gives mana to mana motuhake o Ngāi Tūhoe to go forward confidently to set its economic growth agenda to invest domestically and globally to investigate and enter joint ventures and to develop manage and sustain Ngāi Tūhoe business operations. Nō reira ka whakatau au i tēnei pire ki te Whare. Tēnā koutou katoa. Kia ora.[And so I support this bill to the House. Greetings to you all. Thank you.]Bill read a first time.Billreferred to the Māori Affairs Committee.The ASSISTANT SPEAKER (H V Ross Robertson): I understand honourable members that permission has been granted for a waiata so I would invite those in the gallery who are going to do the waiata to please lead. We are in your hands—we are in your hands.WaiataHaka