Okeroa Mahara: Protected Objects Amendment Bill — Third Reading 
Okeroa Mahara: Protected Objects Amendment Bill — Third Reading 
[Volume:633;Page:4645] 
Hon MAHARA OKEROA (Associate Minister for Arts Culture and Heritage) 
 on behalf of the  
Hon Judith Tizard (Associate Minister for Arts Culture and Heritage) 
: I move  
That the Protected Objects Amendment Bill be now read a third time 
. In today’s global climate culture is an increasingly sought-after commodity and the protection of our movable cultural heritage requires robust and effective legislation. The illicit international trade in cultural objects ranks alongside drugs money-laundering and illegal arms trading as one of the largest international criminal industries. It provides a strong incentive for the related crimes of theft and the pillage of archaeological sites historic complexes and religious monuments. Significant New Zealand cultural objects have been exported without permission in the past and the current legislation provides inadequate protection for the future. 
New Zealand has had first-hand experience of the legal problems that can arise in trying to recover illegally exported cultural heritage objects that surface in the international art market. Members of this House are aware that the New Zealand Government litigated at great expense in the English courts in the 1980s in an attempt which was ultimately unsuccessful to recover maihi that came off a pataka from NgatiRahiri of Te Atiawa. New Zealand is also a likely destination or transit State particularly for items from our region. 
The Antiquities Act 1975 has been known for some time to have shortcomings in its ability to address the issues arising from illicit trade. It has shortcomings also in relation to its definitions its penalties regime the export restrictions and the determination of the ownership of discovered Maori objects. With the third reading of this bill we near the end of what has been a long process of review of the Act. The bill changes the title of the Act to the Protected Objects Act 1975 and it puts in place a number of amendments that will bring the legislation into line with the needs of the 21st century. 
The bill was introduced to the House on 3 February 2005. It had its first reading on 5 April 2005 and was referred to the Government Administration Committee. The committee received 15 submissions from interested groups and individuals including four oral submissions. The hearing of evidence took 1 hour and 14 minutes and consideration took a further 1 hour and 10 minutes. The committee reported back to the House on 1 August. The bill was read a second time on 10 May and completed its Committee stage on 25 July. Technical amendments and a change to the commencement date of the bill to 1 November were made by Supplementary Order Papers 12 and 48 in the name of the Hon Judith Tizard. 
This bill comes at a time when New Zealand’s heritage landscapes buildings sites and objects as well as our records of the people ideas and events that have played a role in our history are being recognised as invaluable assets. Those are the things that above all else sustain our sense of national identity. We have seen the establishment and funding of regional museums policy for capital construction projects the establishment of the National Heritage Preservation Incentive Fund the best-practice  
Policy for Government Departments’ Management of Historic Heritage 
 and the funding of the hugely significant Kerikeri Heritage Bypass project. Preserving and celebrating our unique cultural heritage is about being able to take our place in the world and build our future from a sound basis of pride in being a Kiwi. That is one of the reasons why over the past two terms the Government has introduced a programme of funding and legislative measures aimed at better protecting New Zealand’s cultural heritage. 
The Protected Objects Amendment Bill is a key component of the Government’s programme of changes in the heritage sector. The bill puts in place the provisions necessary for New Zealand to sign up to the International Institute for the Unification of Private Law and Unesco international conventions and establishes a register of precious objects that could be subject to claims for recovery through conventions if illegally exported. A key driver of that has been to secure reciprocal protection from other State parties for New Zealand cultural objects that are stolen or illegally exported. 
The bill makes less expensive and onerous the processes for claiming the ownership of heritage objects through the Maori Land Court. It provides for a substantial increase in penalties for illicitly exporting or destroying our precious heritage objects ensuring that there is a real and powerful deterrent. The bill clarifies and further defines the categories of heritage objects for which permission to export is required. It makes the processes for applying to export heritage objects more consistent and it requires professional advice to be given by experts. The benefit of those changes will ultimately be priceless—the assurance that we retain those objects whose unique value makes them an indispensable part of New Zealand’s cultural heritage. Every time an important cultural object is illegally exported our nation’s heritage is eroded and all New Zealanders are poorer if not financially then culturally—because this is an issue for all New Zealanders. 
Legislation aimed at protecting our cultural heritage has always been based on the principle that the Crown has a legitimate interest in ensuring that items of major heritage value including those in private ownership are retained in New Zealand. That said heavy-handed legislation that constantly impinges on legitimate activity is clearly not desirable. The bill therefore seeks to preserve the careful balance between the national interest and private property rights that was established in the Antiquities Act. Because it targets a limited number of objects it will not impose change on the majority of collectors and traders. 
In concluding this speech I would now like to take the opportunity to acknowledge the members of the Government Administration Committee for their consideration of the bill and the improvements that have been made in the light of their report. Several useful contributions were also made by other members of the House during the Committee stage. I would also like to thank those in the community who spent time and effort on preparing submissions on the bill and the position paper of May 2003. 
The Government has set aside $100000 for publicity and education in the first year following the enactment of this bill. A further $85000 each year has been set aside for the likely increased costs of administering the Act. The Ministry for Culture and Heritage will undertake a comprehensive information campaign in order to raise awareness of the changes and their practical impact. In addition the ministry has a database of over 500 stakeholder individuals and groups who will receive regular information and updates prior to the Act’s commencement. I am confident that this will ensure the smooth and effective implementation of the new provisions. 
I am excited that we have arrived with this bill. 
Hon Brian Donnelly 
: Yes we can hear it in your voice. 
Hon MAHARA OKEROA 
: I thank the member for being so perceptive. The sound framework that the bill provides for the protection and management of New Zealand’s movable cultural heritage will define our nation as one that truly cherishes the tangible reminders of its past. I commend the bill to the House.