Flavell Te Ururoa: Climate Change Response (Moderated Emissions Trading) Amendment Bill — Procedure Second Reading In Committee 
Text is incorporated into the Bound Volume 
Flavell Te Ururoa: Climate Change Response (Moderated Emissions Trading) Amendment Bill — Procedure Second Reading In Committee 
[Sitting date: 24 November 2009. Volume:659;Page:7959. Text is incorporated into the Bound Volume.] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Kia ora tatou katoa e te Whare. I rise to take a call on behalf of the Maori Party basically to address our Supplementary Order Paper to amend Supplementary Order Paper 98. I do so on behalf of my colleague Rahui Katene who did much of the work. 
I also acknowledge the passing of Hawea Vercoe in my electorate over the weekend. I am sure that in the spirit of this particular amendment he was a very strong advocate for the Treaty. As we hold this particular discussion today I think about his family and his people and I think about him lying at his marae at Tuteao i tenei po. No reira kai taku rangatira moe mai. 
[ 
So rest there my chiefly one 
.] 
It is with a huge amount of pride that I stand before the Committee knowing that through the efforts of the Maori Party we will recognise Te Tiriti o Waitangi and specifically set out the ongoing decisions on the Crown which has an obligation to consult as we move forward in this particular debate. In recognising Te Tiriti o Waitangi I do so in the knowledge that the Treaty was effectively absent from 
New Zealand legislation for over 135 years. 
Chris Hipkins 
: Did he write his own speech? 
TE URUROA FLAVELL 
: You will find out shortly as long as you listen. Koina te mate o te kore whakarongo. 
[ 
That is the problem with not listening 
.] 
In 1975 the Treaty of Waitangi Act effectively incorporated Te Tiriti— 
Hon David Parker 
: I raise a point of order Mr Chairperson. I would like an interpretation of that comment please. 
[An interpretation in English was given to the House.] 
TE URUROA FLAVELL 
: In 1975 the Treaty of Waitangi Act effectively incorporated the Treaty— 
Hon David Parker 
: I raise a point of order Mr Chairperson. It is absolutely inappropriate for that member to say to you Mr Chairman: “That is the point. You do not listen.” 
The CHAIRPERSON (Lindsay Tisch) 
: No. The member asked for an interpretation. We have received the interpretation. I was comfortable with that and I have asked the member to continue. 
Hon David Parker 
: I raise a point of order Mr Chairperson. Is the Chairman saying that it is appropriate to include the Chairman in the debate if it is done in Maori but not in English? That is the effect of your ruling. 
The CHAIRPERSON (Lindsay Tisch) 
: I have made a ruling. I want this debate to continue and to flow. I am allowing Te Ururoa Flavell to continue. 
TE URUROA FLAVELL 
: In 1975 the Treaty of Waitangi Act effectively incorporated the Treaty into legislation and delegated a role to the tribunal to determine the meaning of the Treaty and Treaty principles. Since that time Parliament has included legislative references to the Treaty and provided some legislative guidance on the Treaty’s meaning. Our Supplementary Order Paper provides a key statement and this is important which states: “In order to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi.” I say again that our Supplementary Order Paper states: “In order to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi.” In doing so it falls into the category classified by Matthew Palmer as the “recognise and respect category” reflecting provisions that are often used in statute to ensure the Treaty is treated with the highest level of attention. 
There is another element to our Supplementary Order Paper that leads us on to further discussion and that is to do with the wording “to give effect”. Those in the House with a good knowledge of statute would be aware that this is found in section 4 of the Conservation Act which states: “this Act shall be interpreted and administered as to give effect to the principles of the Treaty of Waitangi.” If members were to wander through legislation they would see a huge colourful menu of clauses that effectively incorporate the Treaty. One objective of the Royal New Zealand Foundation of the Blind Act is the need “to give particular recognition to the Treaty principles”. The Resource Management Act asks that we take account of the Treaty principles. The Environment Act requires us to ensure full and balanced account of the Treaty principles and the Crown Minerals Act recommends that we have regard for Treaty principles. Basically there is a huge archive of legislative activity in relation to the Treaty that has helped to guide the appropriate interpretation of Treaty clauses in legislation. 
Within this context it is somewhat bizarre to think that some parties still question the need for a Treaty clause or that they are overly concerned about the fact that we were working on the Treaty provisions right up until the hours leading up to the announcement yesterday. We understand there is a wide spectrum of knowledge around this Chamber about what the Treaty means in practice. That is clear from the many debates in this Chamber. 
For the National Party and the Maori Party the requirement to provide due cognisance of the Treaty analysis and interpretation is something that we both value to the extent that it is one of the first statements in our relationship agreement. Our agreement stipulates that “both the National Party and the Maori Party will act in accordance with Te Tiriti o Waitangi the Treaty of Waitangi.” It has to be said that it has been a little bit disappointing that the National Party had some difficulty prior to this bill to living up to the clear aspiration to act in accordance with the Treaty. If there is ever an issue to which the Treaty principles should have been applied it would be the Local Government (Tamaki Makaurau Reorganisation) Act. The reorganisation of Auckland governance would have been an entirely appropriate mechanism to enhance Treaty responsiveness. The Government did not use the opportunity and that certainly brassed us off. But that is another story. 
The Climate Change Response (Moderated Emissions Training) Amendment Bill is a chance to set the record straight to pursue an honourable course of Treaty jurisprudence. I want to make it clear that our intention in drafting the Treaty clause is to provide for the ongoing engagement of tangata whenua in the scheme and to ensure that the distinct situation of iwi Maori including rights and interest under the Treaty is fairly accommodated in the implementation of the scheme. 
I want to return to the notion of the Treaty principles and provide a lesson to all members across the Chamber including some who might want to listen to this. In case there is any doubt the Court of Appeal defines these principles as a relationship of fiduciary nature that reflects a partnership imposing a duty to act responsibly reasonably honourably and in good faith. Secondly the Government should make informed decisions. The Crown should remedy past grievances. There should be active protection of Maori interest by the Crown. The Crown has the right to govern. Maori retain rangatiratanga over their resources and taonga and all of the rights and privileges of citizenship. If members are still unsure they should consult the Waitangi Tribunal which gives further clarity to the principles as partnership fiduciary duties reciprocity the cession of Maori sovereignty in exchange for the protection of rangatiratanga and mutual benefit leading to the duty to act reasonably honourably and in good faith. There should be redress for past grievances and equal status for the Treaty parties. The Crown cannot evade its obligations by conferring authority to another body. There should be active protection of Maori interests by the Crown. There should be options and there is the principle of choice. 
I have gone on about some of these particular things but if they are still not enough there are always the principles proposed by the executive. They are the Government’s right to govern the right of iwi to the self-management of their resources redress for past grievances equality—all New Zealanders are equal before the law—and reasonable cooperation by both parties. 
I have gone to a bit of trouble to spell out these legislative references and descriptions of the Treaty principles because it appears that some members in this House are still not aware of the meaning. The truth is that we have come a long way from 1878 and the case of  
Wi Parata v The Bishop of Wellington 
 which suggested that the Treaty was a simple nullity because Maori tribes were incapable of performing the basic rights of citizenship. We are in a new enlightened time—times that reflect the strength and survival of iwi who have advanced so significantly the debate on Treaty rights. 
The Maori Party is extremely proud to have brought to this debate the crucial significance of the Treaty for emissions trading and in particular the Treaty clauses about recognising our founding document and recognising that the Treaty is about joint responsibility and working together. The scheme also relies on regulations for much of its implementation. The Treaty clause will ensure that iwi and Maori are able to participate in the development of those rules. The amendments we have put forward clarify how the rights and interests of iwi under Te Tiriti o Waitangi the Treaty of Waitangi are to be incorporated in this legislation. They provide for consultation with iwi on matters under the Act. In closing I point out that they breathe life into this legislation in terms of enacting the responsibilities of the Crown to incorporate the Treaty into legislation. 
I thank my colleague Hekia Parata for her comments earlier with regard to the part played by the Maori Party. I thank the Minister for working with the Maori Party and indeed my colleague Rahui Katene as we have attempted to forward our proposals specifically around the Treaty clause in the best interests of the nation.