Harawira Hone: Historic Places Amendment Bill — Second Reading 
Harawira Hone: Historic Places Amendment Bill — Second Reading 
[Volume:631;Page:2950] 
HONE HARAWIRA (Maori Party—Te Tai Tokerau) 
: 
 I speak on behalf of our spokesperson Dr Pita Sharples who is at another function at the moment. When the Historic Places Bill came before this House in 1954 Duncan Rae MP for Eden told Parliament that: “No country can afford to neglect its history.” Such a concept touches every Maori heart. The call: “Kia u kia mau ki to Maoritanga” encourages Maori to be firm in holding on to the richness of our culture—our spiritual beliefs customs literature myths legends and many other aspects that give meaning to our life. 
Within that world view Maori appreciate the enduring role of the New Zealand Historic Places Trust in promoting the care of our historic places. For over 50 years the trust has protected and preserved heritage landscapes sites and buildings including cultural sites of significance to Maori. 
Concerning those early days we were interested to read of the contributions of Eruera Tihema Tirikatene a member for Southern Maori who served in this House from 1932 through to 1967. We have been here before. Mr Tirikatene talked about the importance of marking and maintaining places of historic value to the Maori people and drew on the example of the Wairau massacre which he referred to as “… not a massacre at all … but rather an unfortunate misunderstanding.” He challenged the trust to bring history up to date in revitalising the debate to address the history known to Ngati Toa and in describing the tragic death of Rongo Rangihaeata’s wife and Te Rauparaha’s relative. He concluded: “No doubt it will be the Trust’s function to record all such places and their history so that they will not be lost to future generations.” 
Such an incentive provides us with a strong foundation for our future. In order to shape a strong future Maori have sought certainty in the development of legal and policy mechanisms to protect Maori cultural heritage including matauranga Maori. That is central to who we are and this bill should have been one would think a key piece of legislation for Maori members of Government to have an input into. The Maori Party looked forward to considering this bill as an important means of preserving Maori heritage projects. 
However we have been disappointed with what we have found. There are three key areas of concern. The first is the appointment of board members. As with the Green Party the Maori Party is also greatly concerned about the newly redefined requirements for Maori board members to serve on the board of the Historic Places Trust. New section 42(3) substituted by clause 19 requires the Minister to appoint at least three board members with “… knowledge of te ao Maori … and tikanga Maori …” thus replacing the knowledge and ethnicity requirements of the principal Act as the prerequisite for board membership. Knowledge by itself does not necessarily bring understanding. Neither for that matter does ethnicity by itself. It is the combination of both whakapapa and knowledge that provides the wisdom required. As Keri Hulme said in her Booker Prize - winning classic of literary heritage  
The Bone People 
: “They are nothing more than people by themselves … But all together they had become the heart muscles and mind of something perilous and new something strong and growing great. Together all together they were instruments of change.” Instruments of change do not come through people who simply satisfy an academic requirement without knowing the cultural meaning of heritage. This concerns phenomenology; it concerns the lived experience. 
It is for that reason we will be supporting the Green Party amendment that recommends the specific insertion of “be Maori …”. in new section 42(3) substituted by clause 19. Indeed that amendment is in line with submissions from both the Historic Places Trust and the Maori Heritage Council. It is another tragic indictment on this Parliament that the select committee heard a range of submissions against that provision but did not act on those objections. The Maori Party suggests that an even more effective means of achieving representation would have been to call for nominees mandated by hapu and iwi—that is if the Government were genuine about effective Maori representation. 
The second key failing in the bill is around the notification requirements. The bill proposes that in order to register a historic or wahi tapu area the trust is required to ascertain the names and addresses of people or owners with a registered interest. When we consider the reality of Maori land ownership we know there are often hundreds even thousands of owners who have ownership in minute fractions. If such land were to be included in a proposal for registration it might be impossible for both the Historic Places Trust and the relevant council to deliver to such unworkable expectations. However the Maori Party objects in the strongest of terms to any suggestion as posed by the select committee that notice should be given only to such owners and persons whose names and places of residence are known to the trust or council. That makes an absolute mockery of the democratic process if eligibility for notification relies solely on being known. If selection processes restrict that knowledge to only those who are known to the trust or council the nation cannot be assured that the sacred responsibility of protecting wahi tapu will actually be followed. On the basis of that reason alone there is no way in which the Maori Party can support a bill that stands to exclude and marginalise so many of our people. 
A third key objection the Maori Party has to this bill is in relation to its inability to provide appropriate protection for wahi tapu. In approaching the bill we asked whether the amendments would actively create positive protection mechanisms for Maori land or for water-based cultural landscape and heritage. As this House will be aware numerous reports and reviews have set out major concerns for adequate protection mechanisms for Maori cultural heritage or landscape: namely the Parliamentary Commissioner for the Environment report of 1995 on Maori heritage the Department of Conservation Historic Heritage Management Review of 1996 and the more recent Heritage Landscapes Think Tank of 2003. 
Of course iwi and hapu are not confident that the Historic Places Trust can provide positive protection. They have instead resorted to their own internally or externally funded initiatives on tribal lands. Iwi and hapu have wanted to ensure that cultural and natural landscapes are maintained for future generations. As guardians and custodians of whenua tangata and taonga we feel a duty of responsibility and obligation to preserve our historic heritage for our future descendants. 
In essence the bill has no teeth. It is of the utmost importance that Maori customary and cultural heritage values be protected and preserved for those who will follow us. I think back to the decision from the Environment Court in 2004 that a 4-lane highway be built over an ancient burial ground adjacent to Takamore urupa not that far from here. Did that mean that the direct descendants of Te Whiti o Rongomai Te Puni Kokopu of Te Atiawa and Ngati Mutunga o Waikanae were about to have their sacred grounds desecrated? Did the Environment Court really believe that those people whose descendants lay in Takamore urupa would allow a highway to be built over their wahi tapu carved waka and buried whare? The Historic Places Trust stepped in to support the Takamore trustees and lodged its own appeal but it all turned to nought. All appeals were dismissed and the kuia and kaumatua were told to go home. 
Our belief is that we must strengthen the protective powers of the Historic Places Trust and the Maori Heritage Council not diminish them but the bill does nothing to advance that. Maori are already taking responsibility for their land and water-based cultural heritage as responsible and obligated guardians for areas within tribal land and particularly for wahi tapu. The Maori Party recognises the significance of those practices in safeguarding taonga of heritage value and we commend the long-term vision of the people in establishing a pathway forward. E kore e hekeheke he kakano rangatira; the noble heritage will not perish. The Maori Party is not able to support this bill but we will continue to support all brave efforts to make historic heritage protection a matter of genuine importance.