Turei Metiria: Ngati Ruanui Claims Settlement Bill — In Committee 
Turei Metiria: Ngati Ruanui Claims Settlement Bill — In Committee 
[Volume:607;Page:4938] 
METIRIA TUREI (Green) 
: 
 The Greens have outlined our concerns about the treaty settlement process at some length and we are committed to those concerns and to trying to find ways to deal with them constructively. We believe the treaty settlement process is seriously flawed and that it causes and creates further injustice. Of particular concern to us are clauses 15 and 16 of this bill and their reference to finalising this settlement for ever. Those clauses will prevent any further investigation under any circumstances by any court or organisation into the historical claims of Ngati Ruanui Tangahoe and Pakakohi and they will prevent for ever any reconsideration of the redress package and the concerns addressed in the bill. 
The Crown itself admits that in providing this redress it cannot truly compensate for what was lost. It also clearly admits that the redress it provides is whatever is possible and appropriate at this particular time at this particular place and in these particular circumstances. So the Crown is itself aware that the redress and compensation is confined to what is possible now. But what it seeks from claimants is not a recognition of that—that this compensation is what is possible here and now—but that the claimants give up their claims for ever as far into the future as anyone can see and will never enter into further discussions concerns or investigation into this particular set of compensation. So the Crown is essentially establishing for itself its own rules about what it is prepared to do at this particular time but is requiring that a different set of rules be followed by these claimants who are prevented from ever entering into any further negotiation on these particular claims. 
We consider that to be a serious issue. We consider it to be part of a breach of Te Tiriti o Waitangi and a clear indication that the Crown is not committed to the ongoing resolution of treaty settlements and treaty claims. That provision is not about developing a long-term relationship where there is open discussion about the validity of the issues raised and the level of compensation provided. As we have raised before the issues raised in terms of clauses 15 and 16 are particularly important for Tangahoe and Pakakohi because they will never be able to come back and have another look at this legislation and readdress the issues that they have raised very seriously through the courts and in the Maori Affairs Committee. For them these clauses essentially legislate them out of existence—legislate away their rights as Maori under the treaty to be able to get the redress that they believe is imperative for them. 
So the Greens consider the effect of this legislation to be extremely serious for Tangahoe and Pakakohi and to that end we have put forward amendments to delete clauses 15 and 16 of the bill. We are aware of the constraints on amendments to the bill particularly as it is a treaty settlement bill and we are aware that those amendments may not go any further than the Committee stage. But we have put them forward out of respect to Tangahoe and Pakakohi out of recognition that these claims are not in any sense final but will continue to live on because this process creates a further injustice that must and will be dealt with in the future and out of recognition that these clauses are a complete anathema to the passing of good legislation in this Chamber. It is important for us to stake a claim now in order to make it clear that this Parliament recognises and understands the importance of what it is doing in legislating away these people’s rights into the future and preventing them from ever being able to reconsider the compensation—compensation that the Crown accepts is acceptable only in so far as its resources are currently available. It is important to recognise as well for the benefit of those people who will look back on this debate and want to see what we were thinking at the time that we do understand the consequences of legislating a settlement that will be closed off to future generations. 
I urge members to support the amendments to the bill. We will certainly be voting in favour of them. We will vote for the bill regardless of whether those amendments go through out of respect for Ngati Ruanui. But as an indication of the importance of understanding and acknowledging the injustice that those clauses will cause we strongly urge members to vote to delete them from the bill.