Flavell Te Ururoa: Central North Island Forests Land Collective  Settlement Bill — Second Reading In Committee 
Text is incorporated into the Bound Volume 
Flavell Te Ururoa: Central North Island Forests Land Collective  Settlement Bill — Second Reading In Committee 
[Sitting date: 23 September 2008. Volume:650;Page:18947. Text is incorporated into the Bound Volume.] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe Madam Assistant Speaker. Kia ora tatou e hoa ma i tenei ata. The date 25 June 2008 was a unique moment in parliamentary history. The downside for me was that I was not here. I was in fact away at a tangi. I arrived back in the House to take a call in ACT’s slot following on from my co-leader Dr Pita Sharples. But one could not help but feel though that something significant had happened on that day. I am of course referring to the first reading of the Central North Island Forests Land Collective Settlement Bill. 
As the member of Parliament for Waiariki I was very disappointed that I was not here to witness a piece of history. Engari e kore e taea te karo i te karanga a-mate. One cannot escape the call of those who have passed on. The taxi driver commented on the migration of Maori here as we headed from the airport back to Parliament. He talked about and the people talked about kuia and koroua whanau children babies in arms all having been drawn to this place to be a part of history in the making and about seeing that everywhere one turned there were Maori. When I finally got into the House the public galleries that were crowded earlier in the day had thinned out as people had moved off for kai and to celebrate the event.  
The Maori Party acknowledges that day. We acknowledge those who made it happen te ariki Dr Tumu te Heuheu the iwi negotiators Matiu Te Pou the Ministers and Dr Cullen in particular and Wira Gardiner on the pursuit of kotahitanga as the underlying principle the focus of unity. As I did during the first reading debate I give credit where credit is due and I acknowledge as I say Dr Michael Cullen for leading a new approach that sees us considering a heap of settlements prior to the closing-off of Parliament.  
The Maori Affairs Committee report describes the complexity that is associated with the mandate issues of iwi within the collective but clearly the approach taken to achieve kotahitanga within ourselves has been achieved for the most part. We certainly heard in the select committee as other speakers have spoken about from those who had issues but considering the task Matiu Te Pou and Wira Gardiner must take a great deal of credit for the result. This would never have been a straightforward procedure.  
The iwi making up the collective as we have heard are Ngai Tuhoe Ngati Manawa Ngati Tuwharetoa Ngati Whakaue Ngati Whare Raukawa and the affiliate Te Arawa iwi and hapu that are all detailed in the bill. There is space there for Ngati Rangitihi and I am hopeful of hearing in the Committee stage about the progress of the meeting that was held over the weekend. I have not been able to catch up on the detail of that. I am sure that the Minister will help us out on this occasion. The collective is a significant grouping of iwi.  
Having followed this process from the start it was pleasing to me to see the move away from caution like that shown at the hui held at Waitetoko last year through to kotahitanga to unity. I am clear in myself that getting to consensus views would not have been reached without fierce and robust debate in that sort of forum—and so it should be. There is much at stake here so all of the lead-in should be given the utmost scrutiny.  
Amongst all of this is Ngati Whaoa who for all intents and purposes may be classed as a small player. I spoke about this matter in relation to the Te Arawa affiliates bill. The desire on the part of Te Runanga o Ngati Whaoa to uncouple itself from Ngati Tahu is clear and I have statements from Te Runanga o Ngati Whaoa to confirm that. I will raise that issue again in the Committee stage but it is a major issue. Why? Because Ngati Whaoa has not insignificant interests in the central North Island forests under mana whenua. It is a small iwi with significant interests but its place in the scheme of things will be gone lost in fact by way of its being firstly coupled with Ngati Tahu then secondly wrapped into the Te Arawa affiliates. I will continue to do the best I can to represent the interests of Te Runanga o Ngati Whaoa which has asked me to take up its concerns.  
We know that this settlement like every settlement carries with it the legacy of generations that have gone before. The central North Island settlement is no different from others; people have passed on but have left behind matters that can be addressed only within and between the hapu and iwi who form this collective. I remain hopeful that matters of concern will be sorted out internally for it is clear that damage done between and among whanau hapu and iwi will be long lasting and talked about on our marae for years to come. Mr Pita Paraone spoke about that in his speech.  
As we now know mandate concerns were raised to do with Ngati Manawa Ngati Hikairo and Ngati Rangitihi and as I say Ngati Whaoa and Ngati Tahu. There were accusations of people feeling they were not receiving basic information suggestions that there were inconsistencies around all of those who could say they spoke for the tribe and reports of people being shut down at hui. Although I and other members at the select committee may have concerns about some of the accusations it is significant that the Crown believes that those interests are best dealt with by those iwi and hapu themselves. I have to say I concur with that view. Iwi must hold their own to account and deal with issues internally. I must add to be clear that I mean this should apply when the disagreement is intra-iwi. Where there is inter-iwi disagreement and a settlement is at stake I say the new model of rangatira ki te rangatira with experienced facilitators can work and would save a heap of stress at the business end. It is important that resolution is achieved if it results in long-term gains for the people.  
Today we acknowledge the significance of the $400 million - plus settlement as providing a foundation for the future of the people of Te Waiariki. Much has been made of the return of 176000 hectares of land which will make Maori the largest forestry operator in the country. Much has been made also of the collective ownership the large natural grouping that brings together the seven iwi representing over 100000 Maori. We know too that the settlement will make those iwi amongst the largest investors in Aotearoa. Those are all significant features of the settlement but we cannot lose sight of the injustice that is part and parcel of every settlement process which is that at its core compensation is only ever a fraction of the losses experienced.  
The Maori Party will not be quiet about the ongoing anomalies that must be responded to in the broader context of settlement policy. We will continue to raise the issues around cross-claims and time frames and around decisions being made in haste. But today is a day to recognise the precedent established by this bill. This settlement is innovative in the way in which it is iwi driven and tikanga based. The tikanga-based mana whenua resolution process set out in schedule 2 of the bill is a really interesting concept which we welcome as the initiative of the iwi involved. The concept involved three different criteria in the consideration of mana whenua ahi ka roa ahi tahutahu and ahi mataotao in three different tiers: negotiation mediation and adjudication. This provides an innovative model for other iwi to examine.  
The matter of the splits of rental moneys to iwi versus mana whenua is at the heart of concerns by submitters but I will talk about that at the Committee stage. Ngati Manawa for example has significant mana whenua interests over the land yet it gets only 6 percent of the rentals. An explanation of that would be appreciated. It is of note too that the Waitangi Tribunal in its report on the Native Land Court’s investigation of Kaingaroa No. 1 suggested a fluid overlapping and complex layering of interests. It may well be that the process that the central North Island negotiators and iwi have come up with satisfactorily addresses that point although the proof will be in the pudding.  
Perhaps a mark of how people have viewed this settlement has been the lack of strong and coordinated public opposition to it. Although issues have been raised it would be fair to say that the unique process the collective has followed has received a positive response. In fact only a week after the signing three northern leaders drew out comparisons for arrangements that might work say for Ngapuhi Ngati Hine and Ngati Whatua. Raniera Tau Erima Henare and the Maori Party list member Naida Glavish have sent a call to their respective iwi organisations to explore the potential of the central North Island process for advancing their own collective plans.  
At the other end of the country Te Wai Pounamu Ngai Tahu has also been watching on in terms of how this settlement will impact on its potential relativity top-up as it relates to the billion-dollar cap. In June my co-leader Dr Pita Sharples asked the Minister of Finance about the implications of this bill for the ratchet clause relativity mechanism. His response was that the point at which such a mechanism would apply could be expected to occur probably within the next 2 to 3 years in terms of reaching the point expressed in 1994 dollar terms. But as Otakou runanga chairman Tahu Potiki pointed out “there is definitely some subjectivity with the whole thing.” There are so many eyes on the central North Island watching the progression of this settlement and contemplating what it will mean. There is every opportunity for the economic development of the iwi involved in the settlement to prosper and every opportunity to increase the original investment and to generate greater value and higher returns.  
And so we come to the culmination of over two decades of energetic and inspired negotiation to bring this claim to a conclusion—or at least tomorrow it will be concluded. This bill represents a great deal of work since the passage of the Crown Forest Assets Act in 1989. The central North Island forest estate is an area not just of economic value but of huge cultural significance as well. The generosity of iwi in agreeing to preserve and enhance existing public access is an incredible statement from the iwi to the nation. We in this House must always remember that gift. The Maori Party will support this bill at its second reading.