Burton Mark: Te Arawa Lakes Settlement Bill — First Reading 
Burton Mark: Te Arawa Lakes Settlement Bill — First Reading 
[Volume:630;Page:2785] 
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations) 
: 
 I move  
That the Te Arawa Lakes Settlement Bill be now read a first time. 
 I intend to move at the appropriate time that this bill be considered by the Maori Affairs Committee and that the committee have the authority to meet at any time while the House is sitting except during oral questions and during any evening on a day on which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House despite Standing Orders 192 and 195(1)(b) and (c) and that the committee report finally to the House on or before 4 August 2006. 
Te Arawa is a large confederation of iwi and hapu consisting of approximately 40000 members. Its traditional area of interest ranges from Maketu to Tongariro in the south. In 1987 the Te Arawa Maori Trust Board on behalf of Te Arawa lodged the Te Arawa lakes claim with the Waitangi Tribunal. Rather than proceeding with a hearing Te Arawa entered into preliminary discussions with the Crown. For nearly 20 years Te Arawa has sought to settle its grievances in relation to the Te Arawa lakes. This bill will settle all of Te Arawa’s historical Treaty claims arising from Crown actions in relation to the lakes from 1840 to 1992 and any claims relating to the annuity payments. In settling these claims the Crown acknowledges the spiritual cultural economic and traditional importance of the lakes and their resources to Te Arawa. 
The Crown also acknowledges that a number of Crown actions have caused grievance to Te Arawa. The Crown acknowledges for example that it failed to legislate for a sufficient number of fishing licences for Te Arawa in 1908 when it promoted legislation to address the problem of hardship. The Crown acknowledges that the introduction of exotic fish species significantly depleted the indigenous species upon which Te Arawa depended for food hospitality trade and koha. The Crown further acknowledges that Te Arawa petitioned the Crown for several years concerning the depletion of indigenous species and access to new species and that some members of Te Arawa were prosecuted for fishing without a licence in the lakes during that time. 
The Crown acknowledges that it failed to review the annuity paid to Te Arawa as part of its 1922 agreement regarding the lakes when that annuity lost value materially as a result of inflation. Although the 1922 agreement is not challenged by this settlement this bill will settle all Te Arawa’s historical claims relating to the lakes at any time between 1840 and 1992 including any claims relating to the 1922 agreement the Native Land Amendment and Native Lands Claims Adjustment Act 1922 and the annuity payments pursuant to the 1922 agreement. 
I wish at this time to acknowledge the work of the former Ministers of treaty negotiations the Hon Sir Douglas Graham and the Hon Margaret Wilson whose efforts have culminated in the bill that is before this House today. I also wish to acknowledge the Hon Parekura Horomia and former Ministers of Maori Affairs whose efforts have contributed to this settlement. 
In December 2004 Te Arawa overwhelmingly agreed to a settlement package to settle its historical grievances by signing the deed of settlement. In developing the deed of settlement both the Crown and Te Arawa agreed that the protection of the lakes and the protection of the public’s right to access and use the lakes were of critical importance. This bill gives effect to aspects of that agreement. The bill settles all of Te Arawa’s claims including those in relation to the annuity to the lakes. It vests the fee simple estate of 13 lake beds in Te Arawa with the Crown retaining ownership of the water column and the airspace above the lake beds. The bill records a formal apology to Te Arawa to the tupuna to their descendants and to the iwi and hapu of Te Arawa for the Crown’s breaches of the Treaty of Waitangi relating to the Te Arawa lakes. The bill provides a statutory acknowledgment to recognise Te Arawa’s long spiritual cultural historical economic and traditional associations with the lakes.  
 The bill provides a financial redress of $2.7 million to recognise the economic loss suffered by Te Arawa arising from breaches by the Crown of its treaty obligations in relation to the lakes. In doing so the rights of the general public to access the lakes for recreational purposes are protected as are existing structures and commercial uses. The fee simple estate of Lake Okaro remains vested in the Rotorua District Council. 
The bill also establishes the Rotorua Lakes Strategy Group as a joint committee under the Local Government Act 2002. The strategy group is made up of representatives from Environment Bay of Plenty the Rotorua District Council and the Te Arawa Lakes Trust. Its purpose is to advise on the sustainable management of the lakes. 
The transfer of title to the lake beds and the establishment of the Rotorua Lakes Strategy Group addresses the grievances of Te Arawa and engages both Te Arawa and the community in the management of the lakes. I think that is an important area of cooperation in this agreement. The bill makes it clear that this is a final settlement of all the historical claims Te Arawa has in relation to the 14 lakes. 
I wish to assure the public that the Crown is confident of the validity of the claims settled by this bill and has negotiated with the interests of the taxpayer in mind and in full cognisance of the fact that the lakes provide significant enjoyment for many New Zealanders. I also want to congratulate Te Arawa on the open and transparent way it has approached these negotiations. Te Arawa’s tenacity in dealing with a number of Governments over the years and its willingness to have regard to the interests of New Zealand society as a whole in negotiating the settlement are admirable in my view. 
Treaty settlement negotiations can as members know be difficult and occasionally contentious. Treaty settlement negotiations require the Crown to balance a range of interests. Challenges to settlements are not surprising given the nature of the interests that are potentially at stake. In the course of the Crown’s negotiations with Te Arawa a number of challenges were raised by some who were concerned about protecting their hapu interests. The Crown and Te Arawa worked to ensure that the issues raised by those people were addressed fairly. 
This settlement has a high level of support from members of Te Arawa with 93 percent of the eligible voters who participated in the deed of settlement ratification supporting the settlement offer. I wish to acknowledge those Te Arawa people including those no longer with us who suffered as a result of the Crown’s breaches of the treaty. E nga mate haere haere haere. To you the dead farewell. This bill lays the foundation for a strong and positive relationship between the Crown and Te Arawa into the future. 
I wish to thank the other Ministers and departments involved in this settlement and in particular the Minister of Maori Affairs the Minister of Finance the Minister for the Environment the Minister of Fisheries and the Minister of Conservation who all supported the process throughout. I would also like to thank and acknowledge the Rotorua District Council and Environment Bay of Plenty for working with Te Arawa and demonstrating the meaning of partnership with iwi. I believe the Mayor and Deputy Mayor of Rotorua are in the gallery today alongside a councillor from Environment Bay of Plenty. Their attendance I think as important representatives from local government further demonstrates the support this bill enjoys from within the Rotorua community. I want to acknowledge the Office of Treaty Settlements for the work done in seeking a just and fair settlement. As New Zealanders we can be proud that real and significant grievances are being recognised and settled peacefully within the law. 
In particular I would like to take time to thank the past and present members of the Te Arawa Maori Trust Board for their dedication and determination on behalf of their people to seek a resolution of their grievances. This bill will dissolve the Te Arawa Maori Trust Board and release it from its duties allowing the Te Arawa Lakes Trust to take over. 
The people of Te Arawa have waited a long time and worked very hard to realise the settlement of their historical treaty claims to the lakes. I consider the bill should therefore proceed without delay to the Maori Affairs Committee and be reported back by 4 August 2006. That will allow the timely transfer of the settlement redress to Te Arawa. 
Finally I want to acknowledge the elders the members of the Te Arawa Maori Trust Board the members of the newly established Te Arawa Lakes Trust the Te Arawa negotiators and the members of Te Arawa. They have been a constructive and conscientious group to work with and their commitment on behalf of their people their ancestors and their descendants has led us to this historic event. I want to welcome those members of Te Arawa who are in the gallery many of whom have travelled far to join us today to observe and be part of this important moment. This is an opportunity for us all to restore the integrity in the relationship between Te Arawa and the Crown. With that I have great pleasure and regard it a privilege to commend this bill to the House.