Finlayson ChristopherTE ATIAWA CLAIMS SETTLEMENT BILLSecond ReadingHon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I move That the Te Atiawa Claims Settlement Bill be now read a second time. This bill gives effect to a deed of settlement between the Crown and Te Atiawa that was signed on a beautiful late winter's day in August 2014 in New Plymouth. The settlement comprises historical redress which records the breaches and the past injustices caused by failures of the Crown; cultural redress recognising the traditional historical cultural and spiritual association of the people of Te Atiawa with a number of their most culturally significant sites; and financial and commercial redress reasserting the role of Te Atiawa in the region. For me I want to acknowledge the excellent work of Te Atiawa negotiators and I was so pleased Mr Deputy Speaker that you mentioned Wikitōria Keenan. The last time that I saw her was at the signing of the deed. She was unwell but made every effort to be there. I acknowledge my ministerial colleagues and Government and other agencies that have contributed to the bill and I also want to acknowledge the work of the Māori Affairs Committee and its commitment to exploring very comprehensively the matters raised by submitters. The committee began its consideration of the bill in April this year and it considered eight submissions from interested groups and individuals. The committee also heard oral evidence from five submitters at hearings in New Plymouth and Wellington. The committee has recommended that the bill be passed with a number of amendments which include changes to clauses relating to fines for offences under regulations and by-laws; the addition of a subclause to ensure that nominations for iwi representation align with those in the Ngāruahine Claims Settlement Bill and the Taranaki Iwi Claims Settlement Bill; an amendment of the definition of Taranaki Iwi" to include hapū to the extent that they are composed of individuals who no longer form distinct communities within Taranaki iwi; a self-repealing clause over the Waitara lands clause of the bill so that it is repealed on the same day that the Waitara Harbour Act and the Waitara Borough Reserves Vesting Act are repealed; and other minor technical amendments that are not specifically referred to in the committee's commentary on the bill. I want to say something about the Waitara lands as well as other issues that the committee raised in its report. No one is in any doubt at all—especially after last night's debate—that the Waitara endowment lands are of huge cultural and spiritual importance to the people of Te Atiawa. The lands have been the subject of very intense negotiations between Te Atiawa and the Crown and the council over a number of years. In its commentary on the bill the committee provided a useful summary of these negotiations and the resulting recommended amendments to the bill. The committee also notes its concern that the bill does not address all of the issues raised to it regarding the lands. During the final stages of the settlement bill the New Plymouth District Council proposed a Waitara lands local bill. The local bill will if enacted render one aspect of the Treaty bill redundant. In light of the proposed local bill the committee recommended including a self-repealing clause within the settlement legislation to account for the local bill. My officials are going to take an active part in the select committee work on that local bill which as we know was sent to the Māori Affairs Committee last night and we look forward to working with the council and Te Atiawa to reach a durable outcome for all parties. Can I pay credit to the negotiators who have had to make some difficult decisions and significant concessions during settlement talks. This pragmatic approach and willingness to work with both the Crown and the local council has enabled a pathway forward that provides a realistic opportunity for the people of Te Atiawa to be involved in future consultation and negotiations that recognise their aspirations in relation to these lands. In its consideration of the bill the committee addressed the right-of-first-refusal land. Although the committee is not recommending any amendments to the bill in relation to the right-of-first-refusal list it notes that some committee members considered there should be a mechanism in settlement legislation for land that becomes available at a future date to be offered back as a right of first refusal even if it does not appear on the list. The difficulty here is that once a list is agreed and the deed signed it is subject to the overlapping claims process and being ratified by the claimant community. The Crown's objective is to achieve fair and durable settlements with groups. Ratification and the overlapping claims process ensures a balance is maintained between addressing the grievances of one group without creating further grievances for another group. To undo either of these key aspects of settlement negotiations risks unsettling the balance that is achieved at the negotiating table. This bill brings to an end many many long years of negotiation between Te Atiawa and the Crown. The settlement is the end of a long journey that signals the beginning of a new journey into the settlement area which I sincerely hope will be a new and improved relationship with the Crown and a time for peace and a time for looking to the future and I believe it can be if the Crown honours its undertakings and acts in accordance with Treaty principles. Before I commend the bill to the House I need to just say a few things about the events of the last few days. I will make these comments once only rather than in each of today's second readings because I am very disappointed it was not possible for these bills and the Ngāruahine Claims Settlement Bill to proceed to a third reading tomorrow. I was particularly looking forward to tomorrow for the iwi of Taranaki. I remember very well—and perhaps my good friend Mr Okeroa was there as well—Māui Pōmare Day of 2009 at Ōwae Marae. I think I startled a few of the Office of Treaty Settlements officials for going off message when I suggested that it would be great to enter into negotiations with the iwi of Taranaki. And I remember very well March 2010 when we signed the terms of negotiation in the morning at Puke Ariki with Te Atiawa and then we went round to Taranaki's principal marae round the coast to sign the terms of negotiation in the afternoon. Ngāruahine came a little bit later. But since that time I have come to know these iwi very very well and I have huge respect and affection for these iwi and their leaders. They have some of the best iwi leaders in the country. I have also come to know their history. It really has been the education of a public man learning about the Land Wars learning about the horrors of Parihaka and the sadness that so many people have experienced for far too long. There is much I could say but I choose not to. These are very dignified occasions and it is not appropriate to descend into verbal slanging matches particularly when we have guests in the gallery. What I do want to say to the iwi present today is that I am going to do my utmost to see that we have a third reading of these bills as soon as possible and as I have already communicated to the iwi anyone who has suffered a loss as a result of the parliamentary actions over the last few days should contact the Office of Treaty Settlements. I am very disappointed but to quote the line from that song in Life of Brian "Always look on the bright side of life."—it was when those three were all being crucified I think. We will get through a lot of work today and hopefully it is not going to be too long before we progress to third readings. I welcome our friends in the gallery and I commend the bill to the House."