Hereora Dave: Ngati Mutunga Claims Settlement Bill — Second Reading 
Hereora Dave: Ngati Mutunga Claims Settlement Bill — Second Reading 
[Volume:635;Page:6382] 
DAVE HEREORA (Labour) 
: 
 I take this opportunity to take a call in this second reading of the Ngati Mutunga Claims Settlement Bill in support of that bill and as the chair of the Maori Affairs Committee this gives me the opportunity to raise some of the issues we were faced with in our deliberations on this bill. 
I thought three essential components were actually necessary to the bill reaching this point and obviously in talking about the bill’s agreed settlement surrounding these historical claims. I define that in three categories. The first is in relation to the parties. There has to be some willingness in relation to negotiating within the spirit of cooperation simply because in these historical grievances there is a lot of hurt involved and there is a lot of resolution sought. On that basis the spirit of cooperation becomes very important while negotiating in that frame of mind towards seeking a settlement resolve. I recall of the two submitters in support of this bill that Ngati Mutunga made it very clear to the select committee that they were pragmatic in their thinking and felt because of that that it was necessary to reach that point so that iwi could move on. Their having embraced that value and principle suggested to me as chair of the committee that there was a need on their part to I suppose step over some historical barriers in order to achieve this settlement. 
Having said that I tell members that in relation to negotiation it is about two parties coming together—the other party obviously being the Crown—and about the Crown having to complement that attitude in some way which can be difficult given the circumstances. The Crown in fulfilling its responsibilities has had to ensure that it was gaining the trust and the confidence of the iwi group so that they could manage this process to indeed arrive at a deed of settlement in the first instance then arrive at this bill at this time. If we consider the history of the claim we see that in the first instance it was submitted to the Waitangi Tribunal in 1990. From there the Crown picked up the claim I think in 1996 and took it from that point on to reach a deed of settlement. In those negotiations I think it is important to acknowledge the relationship that has been built between Ngati Mutunga and the Crown over these issues. 
The second important component I have found in relation to the settlement being a prosperous one is the elements of the package. We heard from the Minister Mita Ririnui earlier about some of those but I would like to try to identify a few more of them. The original deed of settlement included commercial and financial redress with an aggregate value of over $14 million and that aggregate value included a cash settlement amount of over $14 million of which $400000 had already been paid to the iwi authority in advance to assist with negotiations. 
The components of the package include a right of first refusal in favour of the trustees to buy at market value certain surplus Crown-owned properties and the deeds of recognition in relation to 12 statutory areas. It includes a shellfish right of first refusal under which the Crown must offer the trustees a certain percentage of quota with specified shellfish and quota management and the appointment of the trustees to act as an advisory committee to the Minister of Fisheries. I suppose that is for the Minister to give some recognition to and permission for the customary non-commercial interests of Ngati Mutunga. There is additional fisheries-related redress including a prohibition on the taking of certain species for commercial purposes within the area. 
The package includes a commitment that at the request of the trustees officials from the Ministry for the Environment will run a workshop on preparing an iwi management plan. There is an acknowledgement that the Minister in Charge of Treaty of Waitangi Negotiations the Minister for the Environment and the Minister of Local Government have written to the Taranaki Regional Council and the New Plymouth District Council encouraging them to enter into a moratorium of understanding or similar document with the trustees in relation to interaction between the council and Ngati Mutunga. 
There is also an acknowledgment that the Minister of Conservation has written to the Taranaki-Wanganui Conservation Board encouraging the board to enter into a memorandum of understanding with the trustees; an acknowledgment that the Minister of Conservation has written to the Taranaki Fish and Game Council encouraging the council to enter into a memorandum of understanding; and an acknowledgment by the Crown of the unique and enduring relationship that Ngati Mutunga has with the land in its area of interest. So I do believe that as a second part of this package the elements of settlement are quite important in terms of firming up whether this settlement will be long-lasting. 
The third part of it is quite important as well. It is the recognition of the grievance and the historical problems through the apology from the Crown. I suppose in some respects an apology represents some spiritual moving on as well. The Crown’s acknowledgment of the grievances—its apology—is the sealing I think towards ensuring that the settlement is long-lasting. It allows Ngati Mutunga as it submitted to the select committee to move on and get on with running the business of the iwi for the future. It gives me great delight to be part of the process particularly in this process that gives recognition for this settlement. As I said earlier I take the opportunity to take the stand in support of this bill.