Burton Mark: Ngaa Rauru Kiitahi Claims Settlement Bill — Second Reading 
Burton Mark: Ngaa Rauru Kiitahi Claims Settlement Bill — Second Reading 
[Volume:627;Page:21779] 
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations) 
: 
 I move  
That the Ngaa Rauru Kiitahi Claims Settlement Bill be now read a second time 
. All New Zealanders join Nga Rauru Kitahi in celebrating the triumph of a favourite son Michael Campbell. 
This bill is an important milestone both for the iwi and for the Crown. The negotiations process that has resulted in the introduction of this bill into the House was begun under a Labour-led Government back in 1999 with the recognition by the Crown of the mandate of the Nga Rauru Iwi Authority to negotiate a settlement on behalf of the people of the tribe. This bill addresses the significant and longstanding grievances suffered by Nga Rauru Kitahi as a result of actions taken by the Crown. The bill enables both parties to move forward in a positive treaty relationship. 
I encourage each and every member of this House to read the preamble to this bill with considerable care. It sets out a formal Crown apology to Nga Rauru Kitahi for the Crown’s past dealings with this iwi which breached the Crown’s obligation under the Treaty of Waitangi. The preamble also acknowledges that the Crown’s failure to ensure that Nga Rauru Kitahi were left with sufficient land for their past present and future needs was indeed a breach of the treaty and its principles. It acknowledges that the confiscation of Nga Rauru Kitahi’s tribal land by the Crown had a devastating effect on their welfare economy and development and hindered the ability of Nga Rauru Kitahi to live according to their own values or Nga Raurutanga. 
The deed of settlement in this bill provides an opportunity for Nga Rauru Kitahi to begin to plan for their future and will assist them in revitalising Nga Raurutanga. The settlement will enable this iwi to build a stronger ongoing relationship with the Crown and may help to dispel the sense of grief and loss that they have suffered. As well as a formal apology to Nga Rauru Kitahi this settlement provides for them to be given financial redress of $31 million; 100 hectares of Nukumaru Recreation Reserve; the bed of Lake Moumahaki with ongoing protection of public access and recreational activities; Rehu Village to be jointly administered with Ngati Ruanui; and three other small sites of special significance to Nga Rauru Kitahi. 
The Maori Affairs Committee has considered the bill and has submitted its commentary on the bill to the House. The committee has recommended that the bill be passed with minor amendments of an editorial and technical nature. I want to thank the committee for its thorough and careful consideration of the bill. 
The committee highlighted two issues in its consideration of the bill. Firstly it noted the preference of Nga Rauru Kitahi to define themselves in a manner consistent with Nga Raurutanga. This was to enable legally adopted children who do not whakapapa from the tribe’s ancestors to be excluded from the claimant definition. Members of the committee were sympathetic to the position of Nga Rauru Kitahi but advised that it was not appropriate for settlement legislation to override the Adoption Act or to diminish rights or discriminate against individuals under the New Zealand Bill of Rights Act or the Human Rights Act. The committee recognised that there is a conflict between the right of an iwi to define its members and existing statutes. I agree that these are difficult issues that should be considered at some time in the future. The proposed review of the Adoption Act may be an appropriate time for this. 
The committee noted its concern also about the quality of Maori translations in the bill and suggested greater collaboration between the Maori Language Commission parliamentary counsel and the Office of Treaty Settlements. I thank members of the committee for their advice. I recognise the need to achieve translations of the highest quality possible. Officials will address these issues prior to the introduction of the next settlement legislation. 
The National and New Zealand First members of the committee expressed a minority view concerning the statement of Nga Rauru Kitahi values relating to toopuni in schedule 12. The Maori view is that these statements should not be included. I note and respect that view. However treaty claim settlement Acts as far back as that of Ngai Tahu have recorded claimant groups’ values relating to particular sites including reference to cultural and spiritual beliefs. This is how the toopuni redress instrument works. In carrying out management of the lands over which there is a toopuni the Minister of Conservation and Department of Conservation staff will have particular regard to the values that Nga Rauru Kitahi have over the site as recorded in the legislation. The toopuni redress enables the Crown to address the claimants’ longstanding interests in such high-value sites while the land remains owned by the Crown on behalf of all New Zealanders and administered by the Department of Conservation. 
Settlements often rely on the Crown being willing to acknowledge the particular cultural beliefs of a claimant group. This settlement is no exception. Nga Rauru Kitahi want their values recorded in this bill. As I have indicated in my discussions with the Maori Affairs Committee previously at some point in the future it may well be appropriate for Parliament to consider streamlining settlement bills and to decide what is absolutely necessary to include in them. However it is my belief that this is not the time to do that. Nga Rauru Kitahi and the Crown have agreed to what will be included in this bill as part of a considerably drawn out negotiated settlement. It is not appropriate in my view to attempt to unpick a settlement that has been entered into in good faith by two parties. Members of this House do not need to agree with the values of Nga Rauru Kitahi nor do they need to endorse them; members simply need as the legislation does to acknowledge that these values belong to these people. It is the Government’s view that these acknowledgments having been part of the good-faith negotiations are an important step towards strengthening the Crown’s continuing relationship with Nga Rauru Kitahi. 
Settlement negotiations between Nga Rauru Kitahi and the Crown have occurred over a number of years to reach this point. The Crown considers the settlement to be a fair and reasonable settlement. The people of the iwi have ratified it and the public now have an opportunity to make submissions on it through the select committee process. I encourage all members to support the passage of this bill through the House.