Hereora Dave: Mauao Historic Reserve Vesting Bill — Third Reading 
Hereora Dave: Mauao Historic Reserve Vesting Bill — Third Reading 
[Volume:647;Page:15954] 
DAVE HEREORA (Labour) 
: 
 Te mea tuatahi kei te mihi atu ki oku whanau whanaunga kei roto i te Whare i naianei. No reira ki a tatou tena koutou a tena koutou. 
[ 
The first thing is to acknowledge my families and relatives present in the House at this time. So greetings to us greetings 
.] 
Today for me represents nearing the end of a journey and that journey for me started some time ago when I was a younger lad at the age of 17—about 10 years ago—when I used to run up that hill. I can still hear the domineering voice of Bruce Matuska saying “Hereora come on get up there.” So the journey that I am now on is a journey where I have worn the hat of chair of the Maori Affairs Committee in dealing with the process. I stand humbled today having been given that opportunity and privilege to be able to speak in this House with my whanau present. 
The Mauao Historic Reserve Vesting Bill was referred to the select committee for consideration in December last year. The committee heard the public submissions on the bill in Tauranga Moana and we considered the views expressed by submitters and it should come as no surprise that the submissions were overwhelmingly in support of the return of Mauao to Tauranga Moana iwi. Of the 27 submissions we received 17 of those submitters appeared before us. They included kaumatua who are also the trustees the iwi runanga of Ngai Te Rangi Ngati Ranginui and Ngati Pukenga representatives of Waitaha individual members of Tauranga Moana iwi the Mayor of Tauranga City Council Stuart Crosby and the New Zealand Historic Places Trust. We were especially grateful to hear the views from kaumatua on the bill given their lead role in this initiative and their responsibility on behalf of the iwi as holders of fee simple estate once the bill is passed. 
The key issues raised by submitters were in relation to ownership rights and obligations as reflected in the then clause 7 and 8 of the bill as introduced. The committee considered submitters’ concerns that clause 7 did not provide for the return of full ownership of Mauao to the iwi and that the wording was of concern because it stated that the reserve must be treated as if a fee simple estate in the reserve was still vested in the Crown. It was felt by some that the land was being returned in name only with all rights remaining with the Crown. We therefore recommended that clauses 7 and 8 of the bill be deleted and that drafting changes be made to a new clause 8 to incorporate the intent of clause 7. 
Mauao has a status of a historic reserve under the Reserves Act 1977. Mauao comprises three parcels of land that are Crown land over which the Minister of Conservation has certain powers duties and obligations. The Minister’s powers include a power to appoint an administrating body to manage and control the reserve subject to the provisions of the Reserves Act 1977. A clause is required in the bill to ensure as the agreement to introduce vesting legislation provides that all general law will continue to apply to Mauao after the vesting takes place. The intention of the clause is for the rights and obligations under for example occupational health and safety building and rating liability legislation to continue to be the responsibilities of the Crown. 
However the Crown cannot know what laws may be passed in the future that could affect the owners of Mauao as further rights and obligations could be created under laws that are yet to be made. Under the current provision in the bill the Mauao trustees will not bear any of these present or future ownership obligations. If clause 7 is removed entirely significant legal uncertainty would arise concerning what obligations the trustees may bear and what rights they may have as owners of Mauao. We recognised the offence caused by the original wording of the clause and have recommended that the intent of the clause be reworded in clause 8 to address this concern. 
Several submitters recommended excluding Waitaha from the bill. We did not agree with the recommendation and it was very clear to us that Waitaha has a relationship with Mauao having resided on Mauao for several hundred years and because the agreement to introduce vesting legislation provides for Waitaha’s relationship with Mauao to be recognised. We do note however that Waitaha was originally included equally in the proposal and Waitaha supported the final agreement on the basis of Waitaha’s statement of recognition and its ongoing representation at that management level. The mayor has indicated that Waitaha’s status in the management of Mauao Historic Reserve remains unresolved. Waitaha is represented on the council’s Mauao steering group and has been there for some time but the recent memorandum of understanding reached between the council and the three Moana iwi and runanga does not currently recognise Waitaha’s relationship with Mauao. 
Clearly some issues need to be ironed out around the management in the future including the involvement of the trustees. We do not however consider that any further changes to the bill such as attaching the memorandum of understanding is the appropriate way of addressing those issues. As we considered the submissions I believe that the committee finally came to a consensus and it is not often that one gets a group on a committee that is able to come to consensus in relation to a bill. I think that in this case it was a good opportunity for us to promote together those recommendations that were successful in making those changes. 
In finishing I thank the committee members for their participation. I acknowledge and thank the iwi of Ngai Te Rangi Ngati Ranginui Ngati Pukenga Waitaha and all those who contributed to the submission hearing. I also acknowledge the efforts of our Speaker Margaret Wilson who originally I understand as Minister was responsible for bringing this bill forward. I acknowledge Mita Ririnui and his work and involvement in the process and I also acknowledge the fosterer of the bill the Hon Parekura Horomia. Kia ora tatou.