Mapp Wayne: Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill — Instruction to Committee In Committee 
Mapp Wayne: Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Bill — Instruction to Committee In Committee 
[Volume:625;Page:20213] 
Dr WAYNE MAPP (National—North Shore) 
: 
 I want to take a brief call on clause 15 and to refer also to the statements made by my colleagues Georgina te Heuheu and Gerry Brownlee in relation to that. Clause 15 makes it quite clear on the face of it that this is a final settlement and that as a matter of law the settlement is of full force and effect. I guess that one of the concerns the public of New Zealand has—because the reality is that people know each Parliament can pass new law that repeals old law—is whether this nation will revisit these claims again. My colleagues have referred to the level of participation and the importance of buy-in because “full and final” is not just a legal concept; it is a moral concept as well. 
I believe that there is a strong sense today that the procedures and processes—the nature of the negotiations and the democratic process of votes that occurs—do not lead just to a legal obligation about which people feel that we can just change the law but more important also to a moral obligation. It is actually the reason why successive Governments—National and Labour—refer to the Crown. It is the Crown that is settling; the Government of the day in a literal sense is merely the legal representative of the Crown which is intended to have enduring force and ties. If there is one reason why New Zealand would retain that connection to the monarchy it is that enduring legacy which Maori often refer to. The moral force of having the Crown as the signatory is intended to bind not just the New Zealand Government but also the Maori signatories. The democratic path and process that the Government undertakes is well understood by Maori as being a reference to the Crown. Perhaps more than any other people in the country Maori make reference to the honour of the Crown. I have heard many Maori leaders scholars and lawyers refer to that phrase. It binds both ways. 
The moral force of the law we pass today is not something that binds just this Parliament it also binds Maori—not just for one generation not just for 10 or 20 years but as a permanent settlement. In this instance “permanent” means in essence forever. We are closing this chapter of Ngati Tuwharetoa’s history and the Crown’s history together. People will look forward. I believe it is very important that Government representatives—and those on this side of the Chamber as well—and Maori make it very clear to the wider public of New Zealand that this issue is closed. It is a trilateral relationship in that sense. This is an opportunity to move forward—to use the proceeds of the settlement to advance forward. 
In the recent words of some prominent Maori people who have electoral aspirations this is a 20th century issue rather than a 21st or 22nd century issue. I make the point that when National states that it intends to settle all settlements by 2010 when the Government by its legislation states that the settlements are full and final and when Maori say that they are settling with the Crown those statements have more than just legal force—they are moral impediments for the future of this country.