Volume 684 Week 23 - Wednesday 19 September 2012(continued on Thursday 20 September 2012) 
Text is incorporated into the Bound Volume 
Volume 684 Week 23 - Wednesday 19 September 2012(continued on Thursday 20 September 2012) 
[Sitting date: 19 September 2012. Volume:684;Page:5449. Text is incorporated into the Bound Volume.] 
Wednesday 19 September 2012 
( 
continued on Thursday 20 September 2012 
) 
Waitaha Claims Settlement Bill 
First Reading 
Hon TARIANA TURIA (Minister for Whanau Ora) 
 on behalf of the Minister for Treaty of Waitangi Negotiations: I move  
That the Waitaha Claims Settlement Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be considered by the Maori Affairs Committee that the committee report finally to the House on or before 20 December 2012 and that the committee have the authority to meet at any time while the House is sitting except during oral questions and during the evening on a day on which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House and outside the Wellington area despite Standing Orders 188 190(a) and 191(1)(b) and (c). 
One of the w’akatauki of Waitaha expresses the full impact of the story behind this legislation: Ko Waitaha te iwi he tangata ngakaurua. Waitaha was once a powerful tribe but because of the loss of land they became fragmented and have never been able to unite again. This morning in this House we greet a new dawn for the people of Waitaha and with it the hope of a future in which they are truly able to enjoy the restoration of their mana in every sense of the word. So today we welcome all those who come to share the aspirations and the legacy that descend from their tupuna Hei and his son Waitaha. We acknowledge the breadth and depth of the rohe in which Waitaha are located from Waimapu to Mauao along the coastline to Maketu and inland to Otanewainuku. 
Waitaha kuia Hunehunga McCausland has called Waitaha the lost iwi referring to their loss of mana and the tendency for some to follow alternative tribal affiliations. In those words one glimpses the harrowing grief of a people dispossessed of almost all of their traditional lands to the point where the iwi nearly ceased to exist. That sense of aching loss is overlaid by a history of confiscation—raupatu—within Tauranga an action that the tupuna Hakaraia Mahika opposed. The Crown could not—would not—tolerate the challenge. It labelled Hakaraia a rebel and systematically initiated a process of punishment of the people from whom he was known to have come. So 145 years ago in January 1867 the Crown destroyed the houses crops and livestock of the people of Waitaha and ultimately took the life of Hakaraia. Using scorched earth tactics the Crown pursued Hakaraia to his death in 1870. Even then the punishment did not cease. The Crown withheld a large amount of land from Waitaha confiscating a massive 214000 acres of land around Tauranga including land in which Waitaha had customary interests. Although the Crown eventually accepted the ancestral claims of Waitaha to approximately 25000 acres in the confiscation district even then it withheld much of this in payment for the sin of Hakaraia. 
One of the great tragedies of this period of our national history is to realise that during the 1840s and 1850s Hakaraia a leader and prophet of his people preached peaceful engagement with Pakeha. The stigma of rebellion has been a heavy burden weighing over all of his descendants and indeed Waitaha. It is a stigma that this legislation suggests has diminished the mana of Waitaha and forced deep divisions among their own and between their neighbours. 
Out of that history then the Crown and Waitaha signed terms of negotiation and an agreement in principle in 2008. Exactly a year ago to the day the Crown and Waitaha signed a deed of settlement at Hei Marae. Now the story opens a new chapter a new beginning in which the Crown seeks to restore its own tarnished honour to mark the start of a stronger relationship with Waitaha. 
The story of Waitaha became even further complicated by the involvement of the Native Land Court which gradually but comprehensively converted customary title into individualised and permanent titles derived from the Crown. So by the end of the 19th century Waitaha had insufficient land and resources to sustain their tribe burdened by the systematic and merciless alienation of their own w’enua. It is an appalling history. 
In this settlement the Crown seeks to recognise the extent of the harm done by offering a formal apology and initiating redress both cultural and financial. One of the most important aspects of the action is the establishment of a $3 million education endowment fund in the name of Hakaraia Mahika a genuine effort to restore and redeem the legacy and the mana of a poropiti and rangatira of central importance to Waitaha. 
The bill recognises the process of vesting in Waitaha two urban cultural sites: a scenic reserve based on the maunga Otara Maungaruahine Pa Historic Reserve and land at Papamoa including important pa sites. Alongside this the settlement introduces an overlay classification Te Whakairinga Korero providing for Crown acknowledgment of Waitaha values and agreement on protection principles applying to two important mountain sites. A deed of recognition of special association of Waitaha has been agreed with five areas of conservation land among the ancestral mountains within the Waitaha rohe. There will be a statutory acknowledgment of the cultural historical spiritual and traditional association of Waitaha with 15 statutory areas including the peak of the maunga tupuna Otanewainuku beds of several watercourses including the Kaituna River and the coastal area between Mauao and Maketu. 
Letters to Ministers are included to encourage support for Maranga Waitaha to assist the social economic and cultural needs of Waitaha as well as letters of introduction to local authorities. Three ministerial protocols have been agreed relating to taonga tuturu conservation and Crown minerals. There is commercial redress as rights over property and $7.5 million - plus interest from agreement in principle to settlement. 
In the course of time this settlement will be known as a landmark for the future prosperity of these people. But the final aspect I want to focus on is the $1.3 million that is being provided for a full historical account of Waitaha and Hakaraia. In the course of preparing for this significant day I came across a thesis that was written by a Pakeha researcher Alistair Reese entitled  
Are You Listening? The Voice of Waitaha a Forgotten People 
. The thesis was predicated on the belief that most Pakeha who now inhabit the rohe of Waitaha are completely ignorant of the identity of the tangata w’enua. His view was that the impact of colonisation upon Maori was minimised by many Pakeha through a convenience of distance. Reese makes a very strong plea to all New Zealand to learn our history to share our stories and to reach out to understand the context that might otherwise keep us apart. 
To mediate this distance I want to share one of the messages of hope in this thesis that I believe the Waitaha Claims Settlement Bill is a perfect opportunity to address. It can be seen as both a challenge and a cry: a challenge to listen and a cry to understand something of their story told through their history and their voice. Hopefully from the microcosm of Waitaha it is imagined that those who have the ears to hear will be able to extrapolate beyond to understand some of the aspirations of other Maori who not only seek redress for the past but also grapple to define a future based upon the dignity of restored identity as tangata w’enua the first people of the land. These aspirations require not only a renaissance of Maori vision but also an affirmation and the cooperation of all peoples. It is this affirmation that would possibly go some way to bringing healing and reconciliation to a country that is still displaying the wounds of the past and present division. 
Finally I want to recognise the key players in this legislation who have reached out to tell this story: the negotiation team of Waitaha Raupatu Trust; the governance entity Te Kapu o Waitaha; Tame McCausland who lodged the claims with the Waitangi Tribunal; and all those who have developed the claim and negotiated with the Crown and who have protected their waiata reserved their memories and treasured all that it is to be Waitaha. I acknowledge the Minister for Treaty of Waitangi Negotiations for his drive and for ensuring these stories be told. 
The people of Waitaha no longer wish to be known as the forgotten or the lost people. They have risen in the spirit of resilience and reconciliation to demand a better future. We now have the opportunity to listen and to learn. I commend the Waitaha Claims Settlement Bill to this House. Tena tatou katoa. 
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rawhiti) 
: 
 Mr Speaker tena koe. E mihi kau ana ki a ratou e kore i konei nga mea pakeke e rere atu pera i a Jacqui Te Kani ratou ma e tangi hoki te ngakau mo ratou. No reira tena koe mo te rangi nui tenei mo nga tangata i tae tahi ake ki konei ki te manaaki atu i nga kereme nei. No reira tena tatou. E Tame ki a koutou katoa me nga uri o te kainga e mihi kau ana. Tena koutou mo to koutou kaha ki te tae ake ki konei. 
Tautokotia atu nga korero a te wahine rangatira a Tariana mo te ahua o to kereme. Tena koe mo to kaha. Mai i te timata e tu atu to koutou hoa whanaunga a Te Ariki ma i to taha e whai atu mo to kereme i te wa nei e haere tahi atu koutou engari e tae ake koutou i roto i to koutou ake mana. Nga uri o Hakaraia e mihi kau ana ki a koutou. Nga mea pakeke e kore i konei e kare e taea i te mau whatu o te ahua o te kereme nei e mihi kau ana. No reira i a koutou e Tame me to hoa rangatira mo to kaha i te poipoi atu te nui o to iwi mo te tae penei tonu e mihi kau ana. Kia ora koutou. 
Na te mea i roto i a koe tautokotia atu nga korero o te whaea a Tariana mo te ahua o nga uri o Hakaraia. Mai i te timata o te tae o nga hoia o te kawanatanga nga tangata penei tatou he Minita e mahi porotehe atu ki a ratou. E tuku atu ratou i to ratou whakaaro mo te wehewehe whakaaro me te porangi noa iho o Hakaraia. Ahakoa e mohio atu ratou o te hau kainga e kare hoki to ratou tangata pera tonu e whai atu e mahi atu te mahi kino i tera tangata. Tera ano wetahi o nga tino pou i roto i te kereme nei hei whakatikatika atu i a ratou hei pirangi atu i nga uri o Hakaraia o Waitaha hei whakatikatika na te mea e kite atu koe i te tarai ki te nui o ratou. Kare e orite ki wetahi i Te Tai Rawhiti. He iwi humaria i kite atu i roto i te kanohi o Tame e whai atu. Ahakoa nga piki nga heke o te taumaha e tuku atu te kawanatanga ki a ratou he tino kereme ke tenei mo te whakatikatika. No reira e mihi kau ana ki a ratou mo to ratou kaha. Mai i to ratou tae atu to ratou tu o te mana o Waitaha o te waka o  
Te Arawa 
 e whai atu ratou ia tau ia tau hei whakatika atu i te taumaha e tuku atu te kawanatanga ki a ratou. 
E mihi kau ana ki te iwi o Ngati Makino mai i te timata o te kereme nei e haere tahi atu ratou tata ana ki to ratou whanaunga. Engari na to ratou haere i runga i te huarahi e whakaaro atu e haere pera tonu a Ngati Makino e haere pera tonu a Waitaha. Tera ano te mea i roto i a ratou pera i a Rahera Ohio a Areta Gray a Shane Ashby Mike Nahu me wetahi o ratou. Te mate o te mau ingoa e waiho atu wetahi i waho ra mo ratou katoa e kore i konei nga pakeke e timata atu i tenei kereme. No reira ki a tatou e whai kaha hei oti pai tenei tena tatou. 
[ 
Thank you Mr Speaker. I acknowledge those indeed who are no longer with us; the elder ones who have passed on like Jacqui Te Kani and them. I really grieve for them. Thank you therefore for this great day and for the many people who have arrived here together to support these claims. Well done therefore to us. To you Tame and all the kinfolk from back home I truly applaud you collectively and acknowledge your efforts to get here. Thank you for your efforts to make it here.  
I endorse the sentiments by the Hon Tariana in respect of the nature of the claim. I commend the efforts of the honourable member. At the beginning your friend and relative Te Ariki and them worked at your side on your claim and at this stage you are all still progressing your claim along but you have arrived here under your own steam. I applaud you the kinfolk of Hakaraia. As for the elder ones who are no longer here and able to witness the form of this claim I salute you all. Therefore to you Tame and your good wife in terms of your efforts to nurture the majority of your people along to reach this point in the condition they are in I doff my hat to you both. Thank you collectively.  
Because of your inner belief you endorsed the sentiments expressed by Auntie Tariana about the relatives of Hakaraia and their circumstances. From the very first time that Government troops arrived as well as people whom we thought were Ministers they protested let them know what was on their minds had divisive thoughts and thought Hakaraia was crazy. As a follow-up the ones back home thought their man was not like that at all or was a person with evil intent. There were other pillars of real substance in this claim who kept the process on track and who wanted Hakaraia’s kin and those of Waitaha involved where amendments were needed because of their numbers. They were quite unlike some on the East Coast. They are affable by nature and you can see it in Tame’s face. Despite the ups and downs of the burden that the Government will place upon them this is a gem of a claim to amend. And so I truly acknowledge them on their efforts from the outset; their stance in respect of the autonomy of Waitaha and the  
Te Arawa 
 canoe. They were involved in the amendments to the burden placed upon them by the Government and followed this up each year.  
I truly acknowledge the people of Ngati Makino. From the very outset of this claim they worked closely with their kin. And so when they took their campaign on the road Ngati Makino and Waitaha followed suit. The ones involved from within them were pillars like Rahera Ohio Areta Gray Shane Ashby Mike Nahu and others. The problem when names are mentioned is that some grown-ups who started this claim process but are no longer here are left out because one cannot recall them. But I do include them in this acknowledgment. And so to us who worked hard to complete this process I salute you. 
] 
Waitaha descend from the waka  
Te Arawa 
. Their area of interest extends from Waimapu to Mauao along the coastline to Maketu and inland to Otanewainuku—wainuku. They are great people in relation to the water that is important to them there. E mihi atu i a ratou mo to ratou whai atu mo te ora o nga puna i reira mai ra no. 
[ 
I acknowledge them on their efforts to follow it up and on keeping the springs over there in good condition from the outset. 
] 
Waitaha and neighbouring Ngati Makino commenced joint negotiations with the Crown in early 2008. Waitaha and Ngati Makino signed agreements in principle in 2008. Over the course of negotiation to deed of settlement Waitaha Ngati Makino and the Crown agreed to separate negotiations. That needs to be understood as we go through the day. 
There have been key figures in the negotiations Tame and Punohu McCausland and other people who are not here now are people who have tramped the roads from there to here around their rohe to try to ensure that people understood—which is the case in my mind having listened to them—that one of their principal concerns was the Crown’s bastardisation of the entity of Hakaraia and his rangatiratanga and how the Crown craftily engendered that he was a rebel he was no good and he was worthless. It is important that we do remind ourselves about that. I want to commend the Minister for the effort that he has put into correcting that and to thank him for that like I always do because he does put the effort in. 
An initial deed of settlement was ratified by members of Waitaha and signed in September 2011. The Waitaha claims relate to the Crown acquisition of the Te Puke and Otawa-Waitaha 1 Blocks and failure to provide adequate reserves. This is one of the alarming things in the Waitaha claim: that the reserves were created with no replacement and not more so than in general but it was quite blatantly ensuring that the replacement reserves were not marked; nor were Waitaha given basic governance or recognition that the reserves were taken from them. It was more than a confiscation; it was an obliteration of their rangatiratanga and their right to those reserves. That the Crown is putting that right is certainly an effort that needs to be recognised. 
Native land laws and the operation of the Native Land Court—in the sense of the Native Land court history as there are always tests with the deeds of the agents of the Crown—the Waitaha land files will tell you that Waitaha were treated in some of the worst fashion more so than most of those who are here claiming settlements today. So that needs to be recognised and understood. This is not a claim that is just coming up because of now or because the Crown has enacted through the Treaty settlement process an opportunity to correct things. It is about putting right that thing that was really wrong and that has not been recognised or understood by Pakehas or a majority of Maori around this country about what was done to them. 
Crown purchasing methods and the failure to ensure Waitaha received sufficient land for their future needs: apart from forced sell-offs there were also co-management plans that were sort of set up but at the time the main partner the owner was removed from it. As to the treatment of the Waitaha during the Tauranga bush campaign and the impact of the Tauranga confiscation including the treatment of the Waitaha chief Hakaraia the Tauranga bush campaign was one of the most dastardly outrageous set-tos on the tangata whenua and indigenous people in this land and that happened in Waitaha. That it was so couched and the way that Waitaha managed their way out of it is all to their due credit. The Crown’s actions actually left Waitaha landless and as part of the settlement package as Minister Turia mentioned earlier on there are a whole lot of issues in there. But the cultural redress and telling the story of Hakaraia is one of the base points in this settlement. There are a whole lot of points of cultural redress but there is the restoration of the Hei Marae and if you have been there it used to look like an antiquated old place but you can see the essence of the strength of the people in it because they have maintained it and kept it true to the shape and form as it was when it was first built. 
I would like to congratulate the Waitaha negotiators and the trustees of Te Kapu o Waitaha on their patience in getting to this point. The protocols and letters of introduction to facilitate and strengthen relationships between Waitaha and the Crown and local government are important. Again Minister Finlayson those Government agencies—you watch them and make sure that they come together seriously to help these people. Of course there is more than giving them some money and there is more than giving them land or some rights—there is more than all of that. It is about correcting one of the real misdemeanours in the settlement process by the colonisers in this country. 
 People shudder when we suggest it but if we do not talk about it in this House so that it is recorded and recognised that we are trying to put some of those dastardly deeds right—and again I commend the Minister and the Crown for doing that—then the story of Hakaraia will never be really readily accepted. We can inscribe it in history. We can do all of those things but today is a great day in the sense of getting to where they need to get to and I want to commend the people of Waitaha in relation to being here today to see the beginning of the end of this claim. Kia ora tatou. 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 Can I begin by thanking all members of the House for their cooperation so that we can have these extended hours today to deal with four very important settlement bills. I think it is a tremendous innovation that the Standing Orders Committee came up with at the end of last year. It has worked very well this year. What it means is that large amounts of legislation are able to receive expedited readings and the important purpose behind it all is so that people can enjoy the fruits of their settlements much quicker than they otherwise would because to sign a deed of settlement and then wait 2 or 3 years for the legislation to go through the House giving effect to that settlement is simply unacceptable. 
I join with Mrs Turia and Mr Horomia in welcoming those who have travelled from the Bay of Plenty and thank them for doing so. I thank the negotiators for their tremendous work over a number of years to reach this stage. As Mrs Turia and Mr Horomia have said what we are doing through this settlement is addressing the historical grievances of Waitaha which arise from wrongs and injustices suffered by that iwi at the hands of the Crown. The Crown through the deed and the settlement legislation acknowledges it breached the Treaty in its relationship with Waitaha. 
Endeavouring to suppress the Kingitanga the Crown did bring war to the Western Bay of Plenty in the 1860s. This split Waitaha internally compelling individuals and hapu to align themselves with different sides in the conflict and causing discord and enmity within the iwi and in relationships that Waitaha had with other iwi and with the Crown. 
Mrs Turia is so right that central to this claim is the prophet and rangatira Hakaraia Mahika. Hakaraia was a supporter of the Kingitanga. He initially preached peaceful engagement between Maori and Pakeha but became involved in the conflict during the 1860s and was the spiritual leader of the forces arrayed against the Crown at Gate Pa in 1864. Following the pacification hui of August 1864 with Tauranga Maori Hakaraia did not surrender and thereafter was considered by the Crown to be a rebel. 
The confiscations in Tauranga were unjust. Hakaraia opposed them and in seeking to punish him the Crown destroyed Waitaha settlements and ultimately took his life in 1870. The Crown inflicted further punishment even after his death by unfairly withholding a large amount of Waitaha land. The Crown failed to protect Waitaha from the effects of the native land laws failed to protect the interests of Waitaha in land they wished to retain and failed to ensure that Waitaha retained sufficient land for their present and their future needs. As a result by 1900 this iwi held approximately 2.5 percent of its former rohe. Further losses throughout the 20th century—for example through the Public Works Act—compounded the misery. 
After a period of negotiations the detail of which other speakers have referred to on 20 September 2011 the Crown signed a deed of settlement with Waitaha. The history that is set out in that deed of settlement as Mrs Turia said is very very important and as with all settlements needs to be referred to and needs to be understood by the wider public. 
I am not in this first reading speech going to go into the detail of the settlement redress. Mrs Turia has covered the detail admirably and there is very little that I can add to it. But I do want to say this. As with all Treaty settlements full reparation is simply not possible. By entering into a full and final settlement the people of Waitaha have agreed to forgo full compensation thereby contributing to the future development of our land and I thank them for this act of generosity.  
Legislation is the last step before settlement day in addressing these historical claims. The iwi and those representing them can be proud of what they have achieved through this settlement. It creates a foundation for a new relationship between Waitaha and the Crown. At times Mr Horomia sounds like a broken record when he— 
Hon Parekura Horomia 
: Oh come on! 
Hon CHRISTOPHER FINLAYSON 
: —no no just listen—tells me to pay attention to local government and also to Government departments but he is absolutely correct. These settlements are ones where fine sentiments are expressed on the day of settlement fine sentiments are expressed in the House the legislation is passed and then too often people actually forget. One of the problems with the Crown is that its institutional memory is not what it should be. I repeat to him today what I have said on other occasions that I am working very closely as Associate Minister of Maori Affairs in looking at this issue of ensuring that we do have robust and effective post-settlement arrangements that do hold the Crown to account not this year not next year but in 15 years’ time. The point he makes is an extremely powerful one. 
So my thanks to all those who have been involved in getting us to this stage. Now we entrust the bill to the Maori Affairs Committee. I can say this in the sure and certain knowledge that under the excellent chairmanship of my friend Mr Henare it is going to be dealt with efficiently and effectively and I hope it will be back here very very soon for its remaining stages. 
RINO TIRIKATENE (Labour—Te Tai Tonga) 
: 
 Tena koe Mr Speaker. E nga Minita tena koutou. Nga mema Paremata tena koutou. Waitaha iwi nau mai hara mai ki te Whare Paremata e takatu nei tena koutou. Apiti hono tatai hono ratou te hunga mate ki a ratou tatou te hunga ora ki a tatou. Tena koutou tena koutou tena tatou katoa. 
[ 
Thank you Mr Speaker. Greetings and acknowledgments to you the Ministers and members of Parliament. Welcome to you the people of Waitaha to the House of Parliament standing here ready welcome and salutations to you collectively. Let them the dead remain united there in the spiritual world and we the living remain here amongst ourselves. So salutations acknowledgments and greetings to us all. 
] 
I am very proud and very pleased to be standing and making my contribution at this first reading of the Waitaha Claims Settlement Bill. The Waitaha deed of settlement is the final settlement of all historical Treaty claims of Waitaha resulting from the acts and omissions of the Crown prior to 21 September 1992. It is made up of a package that includes an agreed historical account and Crown acknowledgments that form the basis of the apology to Waitaha—cultural redress financial redress and commercial redress. But throughout the package and the central part of the settlement is the recognition of telling the story of and the restoration of mana for the Waitaha tupuna Hakaraia Mahika. No private land was affected in the redress; it is Crown land only and the benefits will be available to all Waitaha descendants. 
Waitaha are an ancient iwi that descends from the  
Te Arawa  
waka. Their area of interest and influence is from Waimapu to Mauao along the coastland to Maketu and inland to Otanewainuku. By the 1840s Waitaha occupied land between Tauranga and Te Puke and in the 1840s and 1850s Waitaha chief Hakaraia preached peaceful engagement with Pakeha. When Crown forces invaded the Waikato in July of 1863 a number of Waitaha men fought for the Kingitanga while some fought for the Crown. Others remained neutral. These internal divisions created some acrimony and discord within Waitaha and also the neighbouring iwi.  
When war broke out in Tauranga in 1864 Hakaraia was a spiritual leader for the Maori forces that defeated the Crown troops at Pukehinahina in Gate Pa. When the Crown troops finally managed to win a fight at Te Ranga Waitaha men were among the casualties. In 1865 that led to the Crown actions of the Tauranga confiscations where 214 acres of land around Tauranga were confiscated. Hakaraia rose to prominence as a leader of the resistance to the survey of confiscated land. In 1867 Crown forces assaulted Waitaha settlements in Te Puke destroying houses and crops and livestock as a special punishment for Hakaraia. Using these scorched earth policies the Crown pursued Hakaraia to his ultimate death in 1870. 
The Crown opened negotiations with Waitaha for Te Puke in 1873 before the Native Land Court had determined the block’s ownership. Waitaha did not want to sell Te Puke. However in 1873 there were rival claims over the land which motivated Waitaha to sell part of the block. The Crown pressured Waitaha into selling more land and told Waitaha that the block would be mortgaged to the Government if they did not sell on account of a debt owed by another claimant in Te Puke. This was the classic modus operandi of the Crown back in those days and every time I read about an iwi or a hapu who lost land in this way I feel a real sense of shame and embarrassment in my mind that those things indeed happened. 
In just about every settlement claims bill that comes before this House I have read of Maori having to alienate land because of an accrued debt of survey lands. It seems that Crown theft and broken promises were the main weapons to alienate Maori from their land but if that did not work the Crown could rely on its old hoary trick of indebting Maori and then forcing them to sell to pay off the debt. By 1874 Waitaha was suffering extreme economic hardship and wanted the Crown to pay the balance of the purchase money without waiting for the title to be determined by the court. And when the Crown refused Waitaha tried to withdraw from the sale to sell to a private party but the Crown would not relinquish its purchase and barred private parties from attempting to acquire the land and so the Native Land Court finally awarded title to Waitaha and the Crown purchased the rest of Te Puke over the next 8 years. 
The people of Waitaha took part in many Native Land Court hearings in the 1880s and the 1890s where largely the land was sold during that period. By the end of the 19th century Waitaha had insufficient lands and resources to sustain the tribe. According to Waitaha this forced some tribal members to follow other iwi affiliations. Waitaha expressed this impact in the pepeha “Ko Waitaha te iwi he tangata ngakaurua”—Waitaha is the iwi; they are a people with divided hearts. 
Waitaha was once a powerful tribe but through the loss of land because of Crown actions they have been unable to unite again until now and we are seeing this through the passage of this bill and these Treaty settlements. 
I just want to turn to some particular aspects in this bill which have been touched on by the Minister as well. I am particularly impressed with the cultural revitalisation package and the recognition for Hakaraia that is contained in this bill. The funding of a $3 million education endowment fund in the name of Hakaraia and the funding of $300000 for an accurate historical account fully documenting the history of Waitaha and their great chief Hakaraia as well as the other contributions that are being made for the restoration of Hei Marae and the cultural revitalisation of its people—these are the aspects that are really I believe fundamentally important to all the iwi who come through with these Treaty settlements. It is that establishment of connection to their whenua the restoration of mana for their tupuna and correcting and putting the story straight in terms of the Crown’s acknowledgments and apologies and then all the other redress packages that accrue to the iwi as a result of these settlements. 
The theme of my recent korero on settlement readings—and we have been putting quite a few through this House which has been very very enjoyable actually being part of this—has been this: to understand Maori whakapapa is to understand Maori history and Hakaraia and Waitaha may never have been drawn into the wars of the 1860s had it not been for whakapapa. Some of the Waitaha were related through intermarriage to Waikato-Tainui families who had been drawn into the Kingitanga struggle against the Crown and that formidable General Cameron and some members of Waitaha were on the side of the Crown and so fought their relations in the field. Some Waitaha remained neutral. 
 This situation was not unique to just Waitaha. It was right across the Bay of Plenty and anywhere in New Zealand where the Crown forces were at war with Maori—Port Nicholson Whanganui Taranaki Waikato and in the north. In all these engagements Maori for one reason or another either fought on either side or remained neutral but Maori all across the land were being divided within their family units by the Pakeha duplicity. Once again it is whakapapa that links these stories of different iwi and that is why it is very historic that we are able to usher the passage of these settlement bills through the House at this time. 
In conclusion I would like to make a few acknowledgments to the negotiating team for Waitaha—in particular Papa Tame McCausland and his lovely dear wife Punohu and also the other members of the team who have made a long contribution over many years to come to this particular point. It is a historic day so I am very proud to be speaking at this first reading of this bill. I would also like to acknowledge the Minister for Treaty of Waitangi Negotiations and all the Crown officials who have also been part of the process. I am looking forward to making my contribution as part of the Maori Affairs Committee under the great leadership of my whanaunga Tau Henare over there. I am looking forward to awhi and tautoko the passage of this bill through the House. I commend this bill to the House. Kia ora tatou. 
CATHERINE DELAHUNTY (Green) 
: 
 Tena koe Mr Speaker. He mihi nui ki te Waitaha iwi katoa. Tena koutou. I rise with great humility to speak on something so painful so historic and so important to the rohe from which these people come. Just to explain to them perhaps the reason that I as a Pakeha stand here it is that as te Tiriti spokesperson from a Pakeha perspective what I heard this morning and what I have heard continually is that it is not just about Maori; it is about the Treaty. In Te Tiriti o Waitangi the biggest responsibility the Greens believe is on the Kawanatanga which covers Pakeha. If we are to stand with honour and justice in this country we have to acknowledge our part not only in history but also in any future settlements. How well this is done affects us our honour as a people as well. So I am very pleased to acknowledge this ancient iwi from a beautiful rohe. 
 Not long ago 3 days ago I was in that area with those mountains to the sea which is a critical korero in that area. It is a beautiful area. It is hugely developed because it is fertile because it is rich and because there are wonderful streams running out of the beautiful forested hills and that is why in the past all of this took place. It was not just dastardly deeds without a context; it was dastardly deeds because they wanted the land. They wanted the land and Waitaha were in the way. I think it is really important to acknowledge that the tangata whenua did not go through this process this scorched earth destruction of their culture both through the law and through the gun because there were just bad individuals who were greedy. It was about a systemic colonisation that has taken away the very mana and rangatiratanga of those people of those times which now we are trying to rebuild in some form. I would just like to acknowledge that the people who drive this are the people of Waitaha. We as a country have reason to be grateful to them because if we can learn their story then we are going to be better able to live up to our responsibilities under te Tiriti.  
I read with great interest—I would have loved to be on the Maori Affairs Committee—some of the historical stories of this area and of what took place. It is really really important that we all acknowledge Hakaraia Mahika and acknowledge that even today freedom fighters are called insurgents as he was called and that he and the people who fought with him were defined as rebels for standing up for their fundamental right to defend their rohe and their fundamental right to their self-determination and to fight for their very survival at a time when the Crown was hell-bent on getting this rich and fertile land and handing it over to the settlers. What we saw was a series of events leading to a massive raupatu in Tauranga. As the Minister said none of it can ever be put together as it was. If you look at that area you will see that it is incredibly developed now on the plains but the hills and the rivers are still there. As someone from Waitaha said to me recently it is about a renaissance of a people from the rivers from the mountains down to the sea. So irrespective of everything that has taken place this is a great day to begin a renaissance for those people. 
As others have said the story of Hakaraia Mahika needs to be told and it is really great to see the resources being applied to that through the deed of settlement and the Waitaha Claims Settlement Bill. Obviously this story needs to be understood by everyone and particularly I would say by my culture in the Bay of Plenty because we have not been renowned in that area for a recognition of tangata whenua let alone a recognition of our Treaty responsibilities. So we have a duty to learn that story and I think this resource will help everybody realise the mana of Hakaraia Mahika and others involved in standing up for what is right for being not those ethnically cleansed insurgents in modern parlance—for being not rebels but the people of the place with a right to stand. It was very powerful to read that Hakaraia died at Waioeka wrapped in the Kingitanga flag that was gifted to him by Tawhiao and that he was standing with Te Kooti who had also been vilified and his descendants were also vilified. His descendants again through some of the Treaty settlements have asserted their mana and the rangatiratanga of their tupuna. So there is another name that must be known by all and that is where this settlement makes a very useful contribution to that. 
It is also interesting to note the role—as well as the role of the gun which was liberally used against the people—of the Native Land Court as others have said. It was the icing on the cake and it was again not some kind of random accident of law whereby the Crown thought it was doing the right thing but made a few mistakes. The Native Land Court was a deliberate strategy to create individualised title because in the face of the strength of the collective cultures of tangata whenua there had to be a way to get that land and to break those collectives. If you read some of the dialogue of the day they talk about Maori as communists—this dreadful collectivity that had to be broken. The real driving force again was: “How do we get the land? If these people stand together collectively in their ownership and refuse to sell it and if we cannot kill them all then we are going to have to find another mechanism.” So that mechanism was the Maori Land Court. That land court in this area was very successful at individualising title which is the beginning of the destruction of unity alongside all the violence that was used. It is really important to see in this bill the apology and also the resources committed to places like Hei Marae. Hei Marae is a very significant tupuna in the area and a very significant part of the Waitaha story. Also there is the recognition of the awa because those beautiful streams that come out of those mountains are vital to the well-being of the communities. In fact the peoples in the area Pakeha and Maori rely on those streams for water and the integrity of those streams. It is very important that the tangata whenua who have mana and acknowledgment have acknowledgment of their statutory responsibility and rights over those streams so that they are not further polluted in any way. 
It is great to see that the conservation authorities will have to have recognition of the values of Waitaha. It was described to me by somebody from there as a framework for renaissance and an assertion of the vision of integrity cultural and environmental from the mountains to the sea. So let us hope that everybody who is in authority in local government and national government recognises that that framework of values will benefit all of us. It is a framework of values that not only will uphold the future of the descendants of Hakaraia but also will uphold the well-being and environmental integrity and the cultural richness of the Bay of Plenty. So there is much in this not only for the people but also for the rest of us to acknowledge. I mean it saddens me that the land is gone—so much of the land—and there is so little to give back but at the same time the cultural redress is very significant. The educational endowment is very positive. The historical research will be excellent. 
 I also note interesting issues around the protocols which I agree must never be forgotten around taonga tuturu and around things like minerals. I recently met some Waitaha people at a meeting around Muir’s Reef where they are proposing to mine and where the Waitaha people asserted very strongly that they have a critical relationship in this area and that anyone wanting to mine needs to talk to them and acknowledge that they have another vision of the integrity of their place the integrity of water and that relationship between the mountains and the sea. 
So I commend the Waitaha people for their work recognising this is a stepping stone and a renaissance and hearing from people in the area that they acknowledge both Michael Cullen and Chris Finlayson for their sustained work on this issue because this huge loss can be partially restored only if we all remember and if we all learn those stories. I commend Alistair Reese’s thesis talking about Pakeha ignorance because if we do not admit it we cannot learn. We have to admit what we do not know. We have to take on these challenges. This settlement with its resources committing to cultural redress must be adopted and embraced by us so that forgetting which is a Pakeha cultural habit—forgetting—will not be allowed in this rohe. Waitaha tuturu I wish them all the best in their process of this bill through the House. Kia ora tatou. 
Hon TAU HENARE (National) 
: 
 Te mea tuatahi anei taku mihi ki a koutou e aku rangatira e aku tuakana ranei no reira nui atu te mihi ki a koutou katoa. I tu whakaiti au i mua i a koutou e aku rangatira e oku nei tuakana no reira tena koutou tena koutou tena koutou katoa. 
[ 
First thing: here is my acknowledgment to you my esteemed or should I say my elder siblings. I admire you all greatly. I am humbled to stand before you my revered ones my elder siblings and so salutations greetings and thank you all. 
] 
I was about to read the preamble to the Waitaha Claims Settlement Bill until my colleague and whanaunga Rino stole my thunder. I think it is important that the historical context is actually read in the House and so I thank my colleague for doing that. 
I wanted to start off by saying that maybe we should call what we are doing here today—I know that it is called extended hours—“Treaty Settlement Day” because invariably we have used the extended hours to go through Treaty settlements and I think it is a good thing. The unfortunate thing is that there is no media in the gallery today. I want to say and put on record that it may be OK at 2 o’clock in the afternoon to run down here and see question time but quite frankly you should all run down here and listen to what is going on in extended hours especially when there are Treaty settlements going through the House. 
I also want to concur with my colleagues who have pronounced their favour for the Education Endowment Fund and for funding a full account of Hakaraia. But I also want to mention a few words that keep coming up throughout history and they are words like “scorched earth policy”. It did not happen just in the 1860s. Theft did not happen just in the 1860s. I am glad my colleague from the Green Party Catherine Delahunty talked about the individualisation of ownership of Maori land because that there is the basis of colonisation the basis of how to get something legally—legally in the eyes of the settlers and legally in the eyes of the Government of the day. Given that there is an issue floating around Maoridom today where a thousand people turned up to a hui last week I suppose it is incumbent on us to remember that for Maori and in Maori eyes the struggle continues on a daily basis on a monthly basis and on a yearly basis just to try to get back some semblance of their own rangatiratanga. 
 I do want to use the word “genocide” not to freak anybody out but to try to have a look at it from the other people’s point of view rather than what we think is genocide. We think genocide is what happened in Rwanda in Serbia and around the world. But when we look at it it happened here. I do not think we should today feel guilty for the sins of our fathers and mothers and our forefathers and ancestors but we have an inherent duty to make amends. That is why I say that when we do these extended hours mainly for Treaty settlements we should call it “Treaty Settlement Day” because it is about moving forward. It is about saying sorry. It is about fronting up and offering something to those people and the Government—and we are part of the Government—and the Crown fronting up to what we did or what our ancestors did to these good people. It is not only about Hakaraia. It is about how they chased him to his death but it is also about the power of the Crown and breaking up a people breaking up a community and breaking up a family a whanau an iwi and a hapu. When you look at that in its context of what you are breaking up then one must consider the use of the word “genocide”. I do not think that it is a word that we should freak out about. I do not think that it is a word that we should because of its connotations sweep under the carpet. 
You will hear throughout the day various stories from various iwi but they all really have one thing in common and that is the break-up of a society that was working quite well. I know the romantic in me—and yes there is a romantic in me somewhere—says “Wouldn’t it be lovely to go back to those days?”. But then the realist in me says “No I don’t want to go back to those days.” But what I do want to do is to be part of a Parliament that one says sorry to Waitaha and that we will try to make amends and two says that what we offer as a settlement is a tiny tiny little bit of what you truly deserve. It is a minuscule amount of recompense for what the settler Government did. 
We have heard about the chasing of Hakaraia. We have heard in the past stories in this House about Te Kooti. And it goes on and on and on. I suppose you know when people talk about mana in my mind complete mana is to the people who have accepted the deal knowing full well that it is a tiny tiny recompense in terms of whether they were compensated truly to the full worth of what went on. 
I look forward to travelling to Waitaha. I look forward to travelling to listen to the stories from the people’s mouths and to why we should settle with Waitaha. I commend the bill to the House and I look forward to the hospitality and the lunch that we are about to receive. No reira ano te mihi ano te aroha ki a koutou katoa nga morehu o nga aitua tena koutou tena koutou kia ora mai tatou katoa. 
[ 
I salute and sympathise with you all once again the survivors of tragedies and so salutations and greetings to you collectively. My appreciation to us all. 
] 
BRENDAN HORAN (NZ First) 
: 
 Ko Pirongia te maunga ko Waipa te awa ko Ngati Hikairo te hapu ko Purekereke te marae. Tena koutou nga rangatira no Waitaha. Nga mihi tonu ki a koutou i runga i te kaupapa nui o te ra tena koutou tena koutou tena tatou katoa. 
[ 
Pirongia is the mountain Waipa is the river Ngati Hikairo is the subtribe and Purekereke is the courtyard. Greetings to you the esteemed ones from Waitaha. I particularly acknowledge you collectively on this great matter of the day. Acknowledgments to you and to us all. 
] 
I rise on behalf of New Zealand First in support of the first reading of the Waitaha Claims Settlement Bill. Waitaha as we have heard are an ancient tribe with an amazing lineage of love knowledge and spirituality. However their more recent history from the 1860s although unique also shares similarities with other iwi throughout New Zealand who have been dispossessed of their mana through the unlawful confiscation of their lands and I must say what rich and fertile land that is. If we just look at the total amount of exports from kiwifruit in Te Puke it was 41 percent of New Zealand’s crop for 2011. From Te Puke alone that equated to $430 million. So you see that this is obviously not about justice but it is about providing a future. I want to say hello to the friends I have in the gallery those of you there from Maketu those of you there from Te Puke. There are a couple of rogues up there I have to wake up really early to beat to my whitebait possie on the Kaituna but never mind. 
But it is not easy to get here. It has been a very long journey and there are hardships in getting here. Everybody here pays their own way so I would like to acknowledge everybody in the gallery. Kia ora. I would also give mention to two men and you know they will be embarrassed by this because there are others in their team. But I would like to mention Tame McCausland and Maru Tapsell. These gentlemen were also there assisting Ngati Makino to their settlement with their claim. That has also helped expedite the process here with Waitaha. 
As I said earlier this claim is not about justice but about now a future. One of the key ingredients I think of Maori is that Maori know our past. Because we know our past when we look to the future it is not next year it is not the year after that but we can set long-term short-term and mid-term goals. Let us look 200 years to the future to future generations. I would like to thank Waitaha for their generosity of spirit in their settlement. 
I would reiterate what the Hon Tau Henare said in that New Zealand needs to see this. These claims are an opportunity for New Zealand to come together to understand Maori’s special connection with water with our wairua and with our land but also that within each tribe’s history is an amazing story. There is a tapestry—betrayal hardship great courage and a great journey. I have mentioned before that if this was happening in the United States of America there would be TV crews everywhere. They would be outside there. Movie moguls would be lined up outside the door waiting to sign up rights for the movies—of course that can still happen. But I would set a challenge out to the media of New Zealand and to those watching on their computers and on television at the moment to learn these histories because it is part of us. It is what makes us unique as New Zealanders. It is what binds us that synergy and it makes us special. We need to celebrate our history. 
I would like to say to those watching because I have received lots of letters—you know you get the redneck letters that say Maori are getting this and Maori are getting that. Well let me tell you that Maori are not getting billions of dollars. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Order! 
BRENDAN HORAN 
: Sorry. The Hon Mr Finlayson would be able to give us the figure but I believe that the total amount of all claims to date in New Zealand’s history is only just touching $1 billion. That pales in significance with the South Canterbury Finance bailout the sale of assets and so and so forth. 
But as I said we look forward to the future of Waitaha. We look forward to the growth and renaissance. There are still a few issues to be settled and they will be seen in the select committee process. I refer to the several hapu who were included in the beginning in the agreement in principle but are not in the final bill. I know that we would like to see those several hapu included and that can be done through the select committee process. So I wish Waitaha luck through the next stages—only a small way to go. On behalf of New Zealand First and my colleagues on the Maori Affairs Committee we will do our best to expedite the rest of this journey. Kia ora. Thank you. 
Hone Harawira 
: Kia ora. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: The member has to call. 
Hone Harawira 
: Tena koe Mr Assistant Speaker. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I call the honourable member Hone Harawira. 
HONE HARAWIRA (Leader—Mana) 
: 
 Tena koe Mr Speaker tena tatou katoa e te Whare. Hoi no he tu poto tenei kia mihi atu ki a koutou o Waitaha i haere tawhiti mai i roto i a matou i tenei ra hei whai oranga mo a tatou nei tamariki mokopuna mo nga ra kei te haere mai. No reira e tika ana kia mohio hara tenei i te mutunga he timatanga noa iho. No reira tena koutou. Tena koe e te rangatira e kawe mai i tera whakaahua o to tatou tupuna koutou ano ra e toku iwi nga mihi atu ki a koutou. 
Thank you very much for allowing your boy Rawiri Wihapi to come up to Ngati Kuri to be our tumuaki—to help our kids. Thank you very much for allowing me to come down to Te Puke in my bad days of riding around with the Filthy Few. Hari ana kia kite atu i a koutou i tae ora mai i roto i a tatou tena koutou tena koutou kia ora tatou katoa. 
[ 
I am so glad to see that you have all arrived here safely to be amongst us so acknowledgments and salutations to you collectively and to us all. 
] 
Hon Dr PITA SHARPLES (Co-Leader—Maori Party) 
: 
 Tena koe Mr Speaker. Tu atu au ki te mihi ki te iwi o Waitaha kua tae pai mai i tenei rangi na reira tena koutou katoa. Tena koutou katoa kua tae ki tenei Whare Paremata ki te whakatau i tenei kaupapa ara ta koutou kereme. Tino roa rawa te hikoi ki tenei ra. Kua matemate mai etahi o koutou mai i te timatatanga tae noa ki tenei ra. Na reira e tika ana kia mihi atu ki a ratou kua ngaro atu tae noa ki nga mate o tenei wiki mutunga tenei wiki ko Jacqui Te Kani ma ko Ben Tawhiti ko Lesley Nathan ko Bill Maxwell ratou kua tukuna atu i tenei wiki ki te kopu o te whaea. Na reira nga mate kei a koutou a kei a tatou haere okioki pai noa. 
Erangi ko te mea nui kua tae mai. Ehara maku e korero mo te whakaparahakonga i a koutou tikanga o koutou iwi me te takahanga o o koutou tipuna o taua wa engari tu atu au ki te mihi ki a koutou kua tae ki tenei ra. Kua oti ke tena korero e oku hoa nei i te Whare Paremata engari ko taku korero ki a koutou kei te mohio matou ki te mamae kei roto i a koutou i tenei wa. Ko te mea nui ki a au kua puta mai i a koutou korero e pa ana ki a Hakaraia me ratou kua hinga mai i nga pakanga. Tena te mea nui ki ahau kia kite ai a koutou tamariki mokopuna ko wai ratou. Ko wai ratou. Ka kite ratou i ta koutou hitori. 
I tenei wa he tika tau e Tau kare he kairipoata i konei ahakoa he ra nui tenei mo tatou. Kahore ratou i hara mai ki te whakarongo. Ka haere ki te kura ka akongia tatou i nga hitori o Ingarangi Amerika me era atu engari kare ratou e mohio ana ko wai a Te Whatuiapiti me o tatou tipuna ko Hakaraia. Kuare tonu ratou i to tatou hikoi mai i te wa i tae mai tatou ki Aotearoa e tipu ngatahi me te whenua nei. Na reira koina taku i tenei wa kia tu atu ki te mihi ki a koutou kua hara mai nei i tenei rangi kia whakatau pai tenei kaupapa a na reira tena koutou tena koutou hara mai ra. 
[ 
Thank you Mr Speaker. I rise to greet the people of Waitaha who have arrived here safely today and so greetings to you all. Welcome to you all who have arrived here in this House of Parliament to settle this matter relating to your claim. It has been an extremely long journey to this day. Since the beginning of it to now some of you have passed away. Therefore it is only right that we acknowledge those ones who have died including the deaths this weekend and this week like Jacqui Te Kani Ben Tawhiti Lesley Nathan Bill Maxwell and them. They were the ones buried this week and departed to the designated void. So depart the deaths yours and ours rest well.  
The main thing is that you Waitaha have arrived here. It is not for me to rubbish your customs and people and to walk all over your ancestors of that time but rather to stand and welcome you who have arrived here on this day. My colleagues here in Parliament House have covered those disparaging remarks but I can assure you that we are aware of the hurt inside you right now. What is most important for me is that that hurt has come out in your stories about Hakaraia and the ones who died in the battles and for your children and grandchildren to see who they are. They will see it in your history.  
At this stage Tau is right. There are no reporters here even though this is a significant day for us. They will not come and listen. We go to school and learn about the history of England America and places like that but will not really know who Te Whatuiapiti and Hakaraia our ancestors are. They will remain ignorant about your journey from the time we arrived here in New Zealand and flourished together with this land. So my contribution then right now is to stand and welcome you who have arrived here on this day to settle this matter well. And so salutations and greetings welcome aboard. 
] 
Bill read a first time.  
Bill referred to the Maori Affairs Committee. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I understand that permission has been granted for a waiata. 
Waiata 
Ngati Whatua o Kaipara Claims Settlement Bill 
First Reading 
Hon Dr PITA SHARPLES (Minister of Maori Affairs) 
 on behalf of the Minister for Treaty of Waitangi Negotiations: I move  
That the Ngati Whatua o Kaipara Claims Settlement Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be considered by the Maori Affairs Committee. From the sands of Papakanui and Muriwai in the west to the waters of upper Waitemata in the east to the sons and daughters of Haranui Reweti Kakanui Araparera and Puatahi marae the descendants of Ngati Whatua Te Taou Ngati Rongo and Ngati Hine nau mai haere mai koutou. Whaia te kotahitanga o Ngati Whatua o Kaipara. Seek to unite the people of Kaipara. These simple yet profound words were a constant theme for the impressive claims negotiators at the helm of a journey that today brings Ngati Whatua o Kaipara to the New Zealand House of Representatives. I stand to pay tribute to those who began this journey but who now live on in the memories and lives of their children—they live on in those memories—and their descendants. Importantly in coming months these visionaries will also live on. They will live on in the laws of this nation. 
Moe mai ra koutou e nga rangatira moe mai ra. Na reira e tautoko ana nga mihi ki a koutou nau mai hara mai ki tenei Whare kia whakatau pai tenei kereme. Pera i a ratou tino roroa rawa te hikoi engari kua tae mai ki tenei rangi i tenei ra tena koutou katoa. 
[ 
You the esteemed ones rest and sleep there. And so I endorse the tributes to you the ones who have arrived here at this House to settle this claim well; welcome welcome. Like your forebears your journey has been a very long one but this day has arrived so congratulations to you all. 
] 
The Crown’s alienation of Ngati Whatua o Kaipara lands began 168 years ago and has been carried by generations of families. It began in 1844 with the Crown’s takeover of large tracts of land bordering on the upper Waitemata. The Government’s persuasive and unrelenting land-buying policies meant that by 1868 the mana whenua of southern Kaipara had lost 281000 acres of land. The Native Land Court fragmented and alienated lands further by awarding title to individuals rather than to iwi and hapu. Tenei tetahi he nui tae noa ki tenei rangi kahore ratou e mohio ana ko wai tatou a tatou tikanga kia mahi tahi ai. 
[ 
This is one huge fault right down to this day. They do not know who we are and our custom to work as one. 
] 
By 1900 and within a single generation Ngati Whatua had lost 90 percent of their lands in southern Kaipara. This unprecedented loss of land has for ever shaped the lives of the Ngati Whatua o Kaipara people. Without the land and the resources to take ownership of their own destiny Ngati Whatua o Kaipara’s right to determine their own economic and social well-being was denied. This land loss also meant that the right of Ngati Whatua o Kaipara to uphold their own mana motuhake and to exercise their own rangatiratanga was denied. So I stand to acknowledge Ngati Whatua o Kaipara whose tenacity and leadership will soon see settlement for the hapu and marae of southern Kaipara. 
I commend the trustees of the Ngati Whatua o Kaipara Claims Committee and the Nga Maunga Whakahii o Kaipara Development Trust for their passion and commitment. They have shown incredible leadership by working alongside other iwi and hapu of Kaipara Tamaki-makau-rau and Hauraki. I was honoured to participate in the ceremony of mana whenua o Tamaki-makau-rau a few weeks back alongside Ngati Whatua o Kaipara representatives. The spirit of whanaungatanga and rangatiratanga demonstrated by Ngati Whatua o Kaipara has enabled the resolution of claims across the Tamaki-makau-rau region. 
Ngati Whatua o Kaipara and the Crown negotiated an agreement in principle which was signed on 22 December 2009. A deed of settlement was initialled in June 2011 and ratified by the Ngati Whatua o Kaipara community with a signing on 9 September 2011. What a great day that was. A post-settlement governance entity to receive and manage settlement assets was launched in April 2011. From that time the mandate to negotiate the claims of Ngati Whatua o Kaipara passed from the Ngati Whatua o Kaipara Claims Committee to the trustees of Nga Maunga Whakahii o Kaipara Development Trust. 
The support of the Ngati Whatua o Kaipara people for the settlement negotiated on their behalf is clear. Two ratification processes held in August 2010 and August 2011 returned approval rates of 96 percent and 92 percent respectively. That is marvellous—a terrific mandate. As part of this acknowledgment nine reserves and conservation sites of significance will be transferred to Ngati Whatua o Kaipara as cultural redress. These sites include Atuanui Scenic Reserve Mairetahi Landing Mauiniu Island Moturemu Island Tipare Makarau Makarau Bridge Reserve Parakai and Ten Acre Block Recreation Reserve. Although the bill does not provide cultural redress in respect of Kaipara Harbour it does not prevent Ngati Whatua o Kaipara from negotiating redress with the Crown in the future. 
This bill provides for statutory acknowledgments of areas which will enhance the ability of Ngati Whatua o Kaipara to participate in specified Resource Management Act processes including Papakanui Conservation Area Papakanui Spit Wildlife Refuge Rototoa Conservation Area Lake Rototoa Scenic Reserve Motutara Settlement Scenic Reserve Goldie Bush Scenic Reserve and a coastal statutory acknowledgment area. Ngati Whatua o Kaipara will receive financial and commercial redress valued at $22.1 million plus interest. This includes the transfer of Woodhill Forest and the right to purchase part of Riverhead Forest. 
All those things the families of Haranui Reweti Kakanui Araparera and Puatahi have lost due to the actions of the Crown can never be totally replaced—nowhere near it—and yet today Ngati Whatua o Kaipara seek to settle their grievances with the Crown. Today we remember we acknowledge and we seek to resolve historical grievances. It is an important day for Ngati Whatua o Kaipara and an important day for the Crown. 
Although this House this deed of settlement and this claims settlement bill can never change this history of a people this House can help shape the future of a people. This bill provides for a strengthened relationship between the people of Ngati Whatua o Kaipara and the Crown—a strengthened relationship as partners in Te Tiriti o Waitangi. Whaia te kotahitanga o Ngati Whatua o Kaipara. 
[ 
Seek to unite the people of Kaipara. 
] 
I consider that the Ngati Whatua o Kaipara Claims Settlement Bill should therefore proceed without delay to the Maori Affairs Committee. I commend this bill to the House. 
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rawhiti) 
: 
 Mr Speaker tena koe. I a koutou o Ngati Whatua o Kaipara e mihi kau ana nau mai hara mai ki te wahi nei. Mauria mai te kaha rawa o te wai marino o nga wai e patapata atu i reira e mau kaha atu i te tuku o nga tupuna ki a koutou hei whai kaha i konei hei oti pai atu tenei tino taumahatanga. No reira i a koutou katoa e te whaea e mihi kau ana e Tame koutou katoa. Ka nui te mihi i te kite atu i te pakaritanga i roto i a koutou i tae ake ki konei ahakoa te roaroa atu ki te tae ki te Whare Miere nei. Kei te tae atu koutou no reira tena tatou. E tautokotia atu nga whakaaro e puta a-waha a te Minita Maori a Pita tena koe. E tino rekareka atu hei rongo ki te korero mo nga tau akuni e hipa atu e whakahoki atu ratou hei korero he wahi wai o Kaipara mo ratou mai i te nohotahi i te Karauna. No reira tena koe mo tera. He tino take atu tera kare i konei te ahua o te tikanga te cultural redress 
engari akuni ka puta ana mo nga tau e tae atu. No reira tena koe mo wera whakaaro. 
[ 
Thank you Mr Speaker. To you of Ngati Whatua of Kaipara welcome indeed to this place welcome welcome. Bring forth the great strength of the calming droplets of the water from over there that retained the powers that the ancestors firmly handed down to you. It will give you the strength in this place to overcome this great burden well. So to all of you and the mother figure and Tame I truly acknowledge you all. When I see how you have grown in stature to make it here even though it has taken a very long time to get to this Beehive I am full of admiration. Nevertheless you have done it—wonderful. I endorse the sentiments expressed verbally by you the Minister of Maori Affairs. Thank you Pita. It was really pleasing to hear what would happen in the future and where they would input their own views. Also by developing a relationship with the Crown it would enable water areas to be set up for them in the Kaipara Harbour. So thank you for your part in that. Another issue of great concern is the lack of provision here for cultural redress but we might get to that in the years to come. So thank you as a consequence for those considerations. 
] 
Ngati Whatua o Kaipara is the collective name for the hapu and whanau of the five marae of south Kaipara. I want to mention those marae and other reserves and marae that are there: Reweti Haranui Kakanui Araparera and Puatahi. Interestingly Puatahi is a marae that is in several of our regions close to the sea so I want to mihi to the marae of Puatahi. I am not too sure I have been there. It has been chosen to distinguish between this group and Ngati Whatua o Orakei and Ngati Whatua in south Kaipara. 
Kite atu koutou e Sharon koutou i reira e mihi kau ana ki a koutou. Tena koe. 
[ 
You as a collective will see and Sharon you are the ones there and I truly commend you. Thank you. 
] 
Key figures in the negotiation—Takutai Moana is not here—Margaret and Naida who is away somewhere mihi atu ki a ratou and everybody. This is an issue about naming people as you leave people out. But there has been a lot of effort put in by Ngati Whatua people. I see Jason is up there and those who have slogged along the road to get to this place to try to finish this sooner than later. 
Ngati Whatua o Kaipara and the Crown signed an agreement in principle in December 2009. An initial deed of settlement was ratified by members of Ngati Whatua o Kaipara and signed in September 2011. The Ngati Whatua o Kaipara claims relate to native land laws and the operation of the Native Land Court and there are some really interesting deals that were done or were not done in relation to the Kaipara. Crown purchasing methods failed to ensure that Ngati Whatua o Kaipara retained sufficient land for their future needs. This is one of the principal underpinning factors in relation to the quantum that is sized up by Minister Finlayson and they need to be congratulated on that. They may increase it by the time the end date comes but kia ora Minister. 
I refer now to the administration and the alienation of Ngati Whatua o Kaipara lands in the 20th century and the failure to protect Ngati Whatua’s interests in purchase investigations. There were some incredible purchases in Kaipara offset quite interestingly by not being taken just from Maori to Pakeha but shuffled amongst themselves—with other people. The Crown’s action left Ngati Whatua o Kaipara virtually landless and had devastating and enduring effects on the spiritual cultural and economic well-being of Ngati Whatua o Kaipara. I do want to commend the Minister of Maori Affairs Ta Pita Sharples for making the note that future redress can be negotiated with the Crown in relation to the cultural significance and aspects. I saw your head shoot up very quickly then Minister Finlayson so I mihi to you for that effort and I thank Mr Sharples for making us aware of that. So kia ora Minister—and that is important to say here. Like the bureaucracy—and I will not wax lyrical over it again—it is all very well for those Government agencies to put it down on paper but unless we do it—maumau time. So it is great to hear the commitment from the Minister for Treaty of Waitangi Negotiations this morning in making sure he is going to keep an eye on those agencies and it is also great to hear the Minister’s point about future redress. That is indeed heartening without too much shuffling around. 
In the settlement package in addition to the Crown apology and acknowledgments Ngati Whatua o Kaipara will receive financial redress to the value of $22.1 million plus interest which includes the Crown’s Woodhill Forest licensed lands including accumulated rentals of around $23 million and six school sites which will be leased back to the Crown. That is always an interesting thing and I hope the lease rates are reasonable and on par with other leases. It includes three properties on Old Woodcocks Road Kaipara Flats. There is the opportunity to purchase up to $6.4 million worth of the Crown’s Riverhead Forest licensed lands and Paremoremo housing block following notification from the Crown. There is the right of first refusal for 169 years over a number of Crown properties specified in the deed of settlement which will be offered to Ngati Whatua o Kaipara for purchase should they become surplus to the Crown’s requirements in the next 169 years. This is one of those “Yeah right!” clauses I think. It was really interesting and in some of the submissions that people have talked to me about they said that it would be great if shorter time lines could be set or some action enabling the redress issue Minister could be discussed. It would be wonderful if there was more seriousness given to a shorter and sooner delivery on some of that. But to be fair at least it is there for 169 years. I do not think I will be around to see it but just in case we need to make sure it is there. 
 There is a non-exclusive right of refusal for 170 years over Paremoremo prison. I hope they do not ever get it. I hope it is pulled down and the Maoris go back and live in Kaipara and they are paid to do that. Cultural redress includes the vesting of the Ten Acre Block Recreation Reserve the vesting of eight other sites a number of statutory acknowledgments six place name changes and the naming of nine unnamed sites.  
I think names are one of the real critical issues in a lot of these settlements which have not been adhered to or had effort put into and it is something that the negotiators need to really be commended on. I get hoha when going to places where I know it is really Te Wahi o Karaka and somebody calls it Perfume Point or they go down to Clydesdale Street and we know that it is really Te Ure Street and all of those things. So it is important that these names that are relevant to them are put up on all those signposts. We should get some Maoris to work in the AA Minister Finlayson because it is a big issue. It is a real big issue that the naming of these places was outright photocopying of where they came from in England. They have no relevance—none whatsoever. It is about some important councillor on the local body. So I want to give real support about these place name changes and the naming of nine unnamed sites. Minister for crikey’s sake do not let any excited bureaucrat name it “Parliament Road” or “Parliament House” or something like that. This is an important thing for Maori because in the sense of Maori’s mana whether it is over water or over wahi tapu or wherever it is important to have the correct naming of those places. I want to really take notice of that and suggest that we should do more and give them more leeway to do that. I find it amazing that they have got to get permission to rename places that they already might hold in their korero and whakapapa anyway. So it is a very very important part. It might not necessarily be understood by the bureaucracy or the negotiators from the Crown but I think it is very important. 
I would like to congratulate the Ngati Whatua o Kaipara negotiators for getting to this point. The journey from the Waitangi Tribunal hearings which began in 1999 and were completed and accepted in 2001 to now has not been easy. It has been a long time since 1999. They went back they came forward and they went back again. Today they are here in numbers to really reconfirm the effort that they put into this. It is a wonderful place Kaipara. I think the deal is relevant. It is exciting and encouraging that there are further opportunities in relation to the redress conditions. But those issues like the naming of the properties and that and the accumulated rentals in making sure the right interest rate is there all harbour to bring about a great settlement and to allow them the freedom that they should have to do the things that they should have been able to do a long time ago. No reira ki a koutou katoa o te Kaipara. Tena koutou. Kia ora. 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 I just want to begin by endorsing what my friend Mr Henare said a little while ago that we should not really call these hours “extended hours”; we should call them “Treaty settlement days” because today is a great day for Treaty settlements. We have the first reading of this bill the Ngati Whatua o Kaipara Claims Settlement Bill and I welcome the representatives of Ngati Whatua o Kaipara to Parliament. Then a little later on we are going to have the second reading of the Ngati Whatua Orakei Claims Settlement Bill and then the second reading of the Ngati Manuhiri Claims Settlement Bill. That follows closely on the heels of the Tamaki collective deed signing just a few weeks ago in Tamaki. So September 2012 has actually been a big month for Ngati Whatua iwi who are working very hard and getting very close to finalising comprehensive settlements across their region. 
As others have said the iwi’s core area of interest encompasses the entirety of the southern Kaipara from South Head to Muriwai on the west coast and from near Wellsford to the upper Waitemata Harbour to the east. Of course as we all know the Kaipara Harbour is at the heart of this area and of Ngati Whatua o Kaipara and as Dr Sharples said is one area where the negotiations are still to come. I have promised Naida Glavish that I am keen to commence these negotiations as soon as possible and I am sure Mr Horomia would endorse the fact that empty promises do not go down all that well with Naida Glavish. 
From the signing of the Treaty in 1840 Ngati Whatua o Kaipara has remained steadfast in its support of the Crown and although the relationship in the first few decades of the colony may have been acceptable and the iwi flourished the sad reality is that as time passed the Crown’s actions fell well short of the grand promises made in the Treaty. By the end of the 19th century the iwi had been rendered virtually landless with the inevitable and terrible social and economic consequences. 
I have to say that as negotiations go and they are never as fast as one would like—and I will not look up to the gallery because the negotiators are probably all nodding in unison—the reality of the matter is that this has been a comparatively rapid conclusion to negotiations. We signed an agreement in principle late in the year on 22 December 2009 and with the help of the officials and the negotiators we managed to reach the signing of a deed of settlement on a beautiful Friday in September last year. 
However these dates belie a very long period where Ngati Whatua o Kaipara has sought recognition of the failings and the injustices that they have suffered. In 1987 their leaders provided evidence during the lands case. The tribunal heard the claims of Ngati Whatua o Kaipara between 1999 and 2001 and reported on them in 2006 but really from 2002 they have been trying to get on with negotiations and as Dr Sharples said they finally began in 2009. It should not be assumed that these negotiations were straightforward. They had their challenges; all negotiations do. But it is the wish I believe of this entire House that what the settlement will do is provide Ngati Whatua o Kaipara with a solid platform for its ongoing partnership with the Crown and with other agencies such as the Auckland Council. 
We all know it is not possible fully to compensate Ngati Whatua o Kaipara for the loss their people have suffered but hopefully the financial and the commercial redress will contribute to the iwi’s future development while the cultural redress in this bill seeks to recognise Ngati Whatua o Kaipara’s longstanding and deep cultural and significant association with this area of interest. 
So I do not intend to say any more than that. My comments in the third reading will be lengthier but for the present time I think that will suffice. All I want to say is that the bill should proceed to the Maori Affairs Committee without delay and that under the great leadership of Mr Henare and ably assisted by the other members of that committee I am sure they will look at the bill and the committee will consider the bill and it will hopefully be back here very soon. 
RINO TIRIKATENE (Labour—Te Tai Tonga) 
: 
 Mr Speaker tena koe. E aku rangatira i roto i te Whare tena koutou. Ngati Whatua o Kaipara nau mai hara mai. Hara mai i raro i te tuanui o te Whare Paremata e takatu nei tena koutou tena koutou a kia ora ano tatou katoa. 
[ 
Thank you Mr Speaker. To my esteemed ones in the House greetings. Welcome to you Ngati Whatua of Kaipara welcome. Welcome under the roof of Parliament House standing ready here. Salutations acknowledgments to you collectively and thank you to us all once again. 
] 
I am very pleased to be able to make a contribution at this first reading of the Ngati Whatua o Kaipara Claims Settlement Bill on this Treaty settlement day as has been announced through my whanaunga Tau. Ngati Whatua o Kaipara as my tuakana Parekura has pointed out is the name chosen by the hapu and whanau of the five marae of south Kaipara: Reweti Haranui Kakanui Araparera and Puatahi. The name is not a traditional one but has been used to save confusion with Ngati Whatua o Orakei and also I understand there is Te Runanga o Ngati Whatua to the north. So Ngati Whatua o Kaipara are right there in the middle. 
I understand looking at the notes—because I like to draw on history and whakapapa and those sorts of things—that there is a Ngati Hine connection to those marae as well. So on my Ngati Hine side I have a little toenail interest there so kia ora to them. 
Hon Tau Henare 
: A toenail? No not a toenail. 
RINO TIRIKATENE 
: Not a toenail; OK maybe a big waewae. So yes with Ngati Whatua o Kaipara I would like to go through the historical background because this is a very significant and important occasion. 
Ngati Whatua signed the Treaty of Waitangi at Manukau on 20 March 1840 beginning a long tradition of Ngati Whatua o Kaipara commitment to and support for the Crown. In 1844 and 1845 the Crown gave up its right of pre-emption and allowed Maori to deal directly with the settlers for transactions on land. A large part of upper Waitemata was alienated at this time. Regulations that were put in place were not properly applied and later investigations did not always protect Ngati Whatua o Kaipara’s interests. In the end the Crown retained what was a surplus of 24000 acres. 
From 1848 to 1868 the Crown embarked on a land purchasing programme from the Ngati Whatua in the south Kaipara acquiring around 281000 acres. Although land agents stressed that the low price offered per acre would be offset by the benefits of colonisation the Crown failed to reserve lands for them and the promised roads hospitals and schools were slow to arrive and in some cases were never ever realised. 
From 1864 the Native Land Court began hearings in the south Kaipara and as we know now the forerunner of our Maori Land Court was set up to fragment iwi and hapu by awarding individual title. The mana of the rangatira of the whanau and hapu was lost and so the south Kaipara began to become alienated from Maori ownership. Once again they had the burden of fighting debt. By 1880 they were fighting more debt and they were no longer selling land as a strategic move to promote development or as a much-needed source of income but to repay debt. So that is the very sorry tale of the historical land transactions that took place very much to the detriment of Ngati Whatua o Kaipara. 
I would like just take some time if I may and acknowledge the part that Ngati Whatua chief Paora Tuhaere has played in the history of this House. It was Paora Tuhaere and other chiefs of his hapu who first promoted the idea of representative Maori seats in this House of Parliament. After much debate—and I would say that would have been just Pakeha debate—it was decided that four seats would be offered for Maori representation. Tuhaere was indignant at such an obvious act of bias and replied succinctly “If there are 50 Pakeha let there be 50 Maori.” It seems that Tuhaere was the most intelligent man in Auckland - Tamaki-makau-rau at that time. What a unique idea: equal representation a 50-50 deal just like the Treaty of Waitangi guaranteed them in 1840. It is a pity that the opportunity was not taken at that very early stage for Pakeha to take up Tuhaere’s suggestion. 
Today we have seven turu Maori and I have the great honour of representing Te Tai Tonga there in the south. So there is an improvement of only three seats in less than 150 years of Maori political representation. I am sure Tuhaere would be even less impressed and I am sure he would definitely not appreciate or even conceptualise what a list MP is. You see Tuhaere was like all of our rangatira of old—they were first-past-the-post people. So I just want to give acknowledgment to that great Ngati Whatua chief for the foresight he had and for the fight that he took up all those years ago. I am very proud to be continuing as a mema Paremata for our Maori turu along with Tau Henare and his tupuna. I look on the other side of the House and I see Hekia and her tupuna Tame Parata who was a representative down in the south and my own tupuna as well. Hopefully we can get a few more in after some more electoral korero with the Maori options that are coming up next year. 
The Ngati Whatua o Kaipara deed of settlement is the final settlement of all historical claims. As my colleagues have mentioned there are what have turned out to be quite standard elements to every claim but most important it is the acknowledgment of the historical background and the apologies from the Crown which also sets up the redress for the Crown’s actions or omissions 
Just turning to the settlement package for Ngati Whatua o Kaipara I see that a large part of the settlement package is the redress in relation to Crown forest licensed lands. It is good to see that there will be significant redress in terms of the accumulated rentals for the Woodhill Crown forest licensed lands that will be returned to Ngati Whatua when they exercise their rights there. There is also return of some other significant sites—some school sites and other properties. 
I want to also pick up on what Mr Horomia mentioned in regard to the naming of the sites. This is a unique element of the Ngati Whatua o Kaipara Claims Settlement Bill in that it allows for the naming of nine unnamed sites. That is a new addition to the Treaty settlements that are flowing through this House and I really commend that. It is important that Ngati Whatua stamps its mark on its mana whenua and its places of importance by being able to name those historic sites which are so important and have such a strong connection to them. 
Just to conclude I would like to acknowledge all those good people who have worked so long and hard over the years to bring this settlement up to this particular point where we have a first reading in the House—in particular the key figures in the negotiations: Takutai Moana Wikiriwhi or as I affectionately know him Uncle Doc Wikiriwhi or Apotoro Doc Wikiriwhi. I have fond memories of playing in the reo following him around when he was doing duties there in Auckland City. I acknowledge Margaret Kawharu and Rangimarie or as we affectionately know her Naida Glavish. I mihi to all of those key figures and also to the whanau who travelled quite a distance to come here today. I see up there Tommy Te Rangi whanaunga—kia ora—and also my good friend Jason Fox who now is steering the tari of Ngati Whatua o Kaipara. 
I mihi to all of the whanau who have come here today. With every speech I give I am laying all these platitudes on Tau and he is becoming very Speaker-like—very Speaker-like—in terms of his chairmanship of the Maori Affairs Committee. I am really looking forward to travelling with the select committee and awhi-ing this bill through the House. I commend it. Kia ora tatou. 
Catherine Delahunty 
: Mr Speaker— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: I call the honourable member Eugenie Sage. 
Hon Trevor Mallard 
: No I call her Catherine Delahunty. 
Catherine Delahunty 
: I beg your pardon Mr Speaker. 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Ah I am sorry. It is early in the morning. Catherine Delahunty. 
Catherine Delahunty 
: I am honoured to be called Eugenie Sage but— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Catherine Delahunty. 
CATHERINE DELAHUNTY (Green) 
: 
 Tena koe Mr Speaker. Tena koutou e te Whare. He mihi nui ki a Ngati Whatua o Kaipara no reira tena koutou. It is a privilege to speak on the first reading of this very important bill the Ngati Whatua o Kaipara Claims Settlement Bill and this is a very important day. Reading any of the background and knowing any of the people this has been a long journey. It has been a journey that takes us to the heart of Te Tiriti o Waitangi. They are all unique settlements but this one strikes the Green Party as having a particularly deep relationship with the actual te Tiriti signing itself—and what price loyalty to the Crown and what price loyalty too to Te Tiriti o Waitangi. 
In fact with colonisation we would say that you are damned if you do and damned if you do not because Ngati Whatua o Kaipara iwi did not fight the Crown did not oppose te Tiriti and they lost everything. So it is a very interesting historical account that we need to take into our minds when thinking about what is acceptable redress. People lost everything even though they gave everything. 
We have heard settlements in this House that have been about direct raupatu about warfare and about confiscations in many ways but this particular place and these particular stories remind us that in 1840 these people stood alongside their Pakeha visitors manuhiri if you like and said “We will be generous and we will negotiate a relationship in our whenua in the Kaipara.” And in exchange what they got was the complete loss of their lands their well-being and their resources. 
I think it is important to go back to the historical account because it is part of the unique story of how Te Tiriti o Waitangi has been breached in a very literal way. Promises have very literally been broken. I am quoting from the deed: “A meeting was held at Manukau where concerns were raised by Maori as to the Crown’s intentions.”—we are having these meetings today as well; nothing has really changed in some ways—“Symonds sought to dispel these doubts and at a second meeting on 20 March 1840 the Ngati Whatua paramount chief Apihai Te Kawau with Te Tinana and Te Reweti signed a copy of the Maori text of the Treaty.” They did not sign no Pakeha text and they did not sign no text that said “forests fisheries only”; they signed the text that guaranteed in article 2 tino rangatiratanga. 
It continues: “Symonds reported that among the chiefs who signed he found ‘the best disposition displayed towards Her Majesty’s Government but at the same time that their expectations are raised very high as to the immediate benefits which they are to derive from its establishment in their country’.” And what happened next? How well were their expectations met? Clearly this settlement process shows that they were failed on every count. 
 I want to quote from another part of this deed of settlement because I think it also typifies the failure to meet those agreements and expectations: “Ngati Whatua provided resources and protection for the development of the new colony.” Every time a racist writes to me and says: “Those Maoris would only be in grass skirts if it wasn’t for us and our brilliant technology.” it would be great if they could recall that some of the people in the Kaipara were going to starve to death if it had not been for the people of the Kaipara literally giving them kai and teaching them how to land a boat in that fabulous harbour. So it is very important to recognise that resources and protection for the development of the new colony were provided. “In September 1840 Crown officials made arrangements with Ngati Whatua for the transfer of approximately 3000 acres of land at Tamaki. One of the principal chiefs expressed fears that the Queen of England would take all their land from them and that they would have none to live on.” 
Hone Harawira 
: They were right. 
CATHERINE DELAHUNTY 
: They were right. That fear was realised in full maybe not the next day but after the next day and the next day. “Crown officials reassured him”—as we do Crown officials—“ ‘that the Governor was come to see that neither Pakeha nor Mauris … were wronged …’ ”. That is a shameful statement in the context of what has happened. “Ngati Whatua [again] consider that the transaction was a tuku a customary gifting carried out with the intention of cementing their relationship with the Crown and underpinned by broader concepts of reciprocity and ongoing mutual obligation.” 
I think those phrases respect the spirit in which these tupuna signed the Treaty. It was a broader concept of reciprocity an ongoing mutual obligation not: “We will provide for you. We will allow the development of the new colony in the Kaipara Tamaki rohe and then you are going to rip us off.” and then a hundred and something years later they are still going to have to wait for 169 years for the possibility of the first right of purchase of some other parts of their own whenua. 
The ironies in this settlement are multiple. The progress is good and we are supporting the settlement but we cannot ignore that Te Tiriti o Waitangi is the critical foundation of our nation and these stories of the abuse of promises made are very important. They are so important today so that we do not repeat them—so that there is no more double-speak raupatu and manipulation when the Crown has an engagement with tangata whenua. That is why these settlements are important not only in their own terms but also in the context of the debates that we are having in this Whare and around the motu right now about resources and indigenous peoples’ rights and Te Tiriti o Waitangi because loyalty to the Crown was repaid by an enormous loss of resources and the expectations of health wealth and education were not fulfilled. 
The ironies of the stories of Te Awaroa where 10 acres was gifted for Helensville and there was going to be an acre set aside and there was such mean-spirited greed whereby everything was taken. Anything that was reserved was eaten into. It is just embarrassing and shameful to read how their generosity and respect for the Treaty was repaid by the ancestors of some of us Pakeha and how little the people who come from Auckland know about the true history of what went down. It shows how important it is that we actually address the multiplicity of issues. 
This is a big settlement in terms of work. You can see how much work has gone into it and I would like to acknowledge all the negotiators from Ngati Whatua o Kaipara and the leadership of many many people including Margaret Kawharu and others who have shown intergenerational consistency generosity and willingness to negotiate as did their tupuna. 
The duty on the Kawana and all of us represented by the Kawana is to do our best to make amends and there are some settlement elements that are very positive in this unique story of betrayal. However we do have to remember that the Native Land Court was first established in the Kaipara. In the place where there was the most generosity and the most willingness to work with the Crown the Native Land Court the instrument of individualisation and land loss was established in the Kaipara. I think in acknowledging that the settlement must be generous. It is great to see things like Parakai to see Atuanui maunga acknowledged and to see some of the reserves and wahi tapu and I would agree with others in the House that the naming of names is critical. We must name the truth here and honour the history and do the right thing by Ngati Whatua o Kaipara. Tena koutou. 
Hon TAU HENARE (National) 
: 
Kia ora. Me timata i te tihi o Te Atua Nui. Ko te maunga whakahi tenei o Te Manawanui te marae o Puatahi. A ka huri ki te tonga ka kite au i te tihi o Taranaki te maunga whakahi tenei o te pa o Te Aroha kei Arapareira. Tu atu i tenei ko te toka kamaka o Tuhirangi e tu mai ana i te mania o Kakanui o Paneira. Ko te marae tenei o te Kiora. Waho atu i tena ka kite au i a Tauwhare te maunga whakahi tenei o Whititera te marae o Reweti. Na ka huri te titiro ki te uru ka kite au i te maunga Tarawera te maunga whakahi tenei o nga tai i turia ki te Marowhara te marae tenei o Haranui. Ko nga maunga whakahi enei o nga marae o Kaipara moana. Ka huri au ki a koutou e aku rangatira e aku tuakana no reira nga mihi nui ki a koutou. Nga mihi nui ki a koutou mo o koutou tautoko o koutou tautoko ki nga tamariki mokopuna o Aotearoa o Ngati Whatua ranei. No reira nga mihi nga mihi nga mihi nui ki a koutou katoa. 
[ 
Hello there. Let me begin at the summit of Te Atua Nui. This is the proud mountain of Te Manawanui the courtyard of Puatahi. I turn to the south and see the summit of Taranaki this proud mountain of the village of Te Aroha at Arapareira. Standing beside this one is the solid rock of Tuhirangi on the open plain of Kakanui and of Paneira. This particular courtyard is that of Kiora. Further out and beyond I see Tauwhare this proud mountain of Whitireia and Reweti’s courtyard. Now from here I look westward and spy Tarawera this proud mountain of the tides that stop at Marowhara this courtyard of Haranui. These are the proud mountains of the courtyards at Kaipara Harbour. And so I turn to you now my esteemed ones and elder kinfolk with the greatest of welcomes to you collectively. I have huge raps for you collectively in respect of your support towards the children and grandchildren of New Zealand at large or of Ngati Whatua. And so much appreciation regards and big ups to you all 
.] 
As an urban Maori as a person who was born and bred in Otara who—[ 
Interruption 
] My first involvement in politics was I met this gentleman back in the 1970s in the library of Otara. He is sitting in this House today the Rt Hon Winston Peters. Throughout my career I have spent time doing little bits and pieces of youth work community work so on and so forth— 
Hon Member 
: Union work. 
Hon TAU HENARE 
: —and union work and parties and all sorts of things. Throughout that I have had an enormous respect not only for the people up at Boot Hill up at Ngati Whatua— 
Hone Harawira 
: What what? 
Hon TAU HENARE 
: —no you did not hear me say that—but also for the people up in the Kaipara region who have continually tried to put their best foot forward in terms of their own people without too much help from the Government without too much help from the Crown. I remember people such as Tuck Nathan from Te Whanau o Waipareira Trust who did an enormous amount of work not only in Henderson and in and around west Auckland but also up in the Kaipara region. So I suppose today for me personally it is a day of congratulations to not only Ngati Whatua o Kaipara but also the Crown the Minister and the Office of Treaty Settlements officials on getting this on. Can I say this that although we might remonstrate— 
Hone Harawira 
: What? 
Hon TAU HENARE 
: Remonstrate—have a read of it; it is a really good word. Although we might remonstrate with the settler Government of the past I would suggest that we try to look at it from its point of view at that time. It is really easy for us in terms of our ability to look at things historically to make a judgment. Do not be too hard on the settler Government. The settler Government was looking for land. The settler Government was looking for a new way of life and the settler Government— 
Hone Harawira 
: Come on. You’ve already got our vote—Mr Speaker. 
Hon TAU HENARE 
: This might not be for you. The settler Government was actually trying to look for a new start. Unfortunately the way it went about it was to kick the indigenous people around. Unfortunately the way it went about it was to steal land and make up laws to make it easier for it to acquire land. So the story sort of rolls out over time. I think that what we need to accept and congratulate Ngati Whatua on is that they had one of two options. First they could have said: “No we’re waiting for a bigger settlement. We will wait until we get what we want.” Or second they could say: “OK we’ll settle and we’ll make the best of our situation that is in front of us now.” I think that iwi Maori have to be congratulated on taking the second option. That is not cutting and running but actually seeing that you have an opportunity to go forward instead of waiting for some lotto draw to happen because essentially that is what it would have been. I think that I will use today’s proceedings to congratulate iwi Maori and in particular Ngati Whatua o Kaipara on taking that option of seeing the opportunities in front of them and knowing full well that it is a minuscule amount knowing that it is a small settlement in the larger game of settlements. But they have taken the opportunity. 
I know and have known some of Ngati Whatua personally and for a long time. Sharon Hawke is sitting up there. I have had an enormous respect for her work and an enormous respect for our friendship over the years. Right back in 1981 we were on a youth march. We actually came to Wellington and we were invited to the Prime Minister’s office—Muldoon’s office. I tell you what he gave us a pretty good hearing and so did Bill Birch. So I just want to recognise Sharon and her kaha in all that she has done for Ngati Whatua and on behalf of Ngati Whatua. 
There is the Ngati Hine connection as my whanaunga across the way says and it is not the toenail. It is the heart of Ngati Whatua—no I was just joking. Apparently the Ngati Hine connection is through the battle at Te Ika-a-Ranginui in 1825. There was a swap a gift between the two. I am sure that there are also other connections. There is one lady whom I must mention in the House. She has been a stalwart forever. She was the one who started off the kia ora campaign from Ngati Whatua Naida Glavish. I want to pay my respects to her for being he tino wahine toa mo nga reo mo te reo Maori mo era mea katoa. No reira nui atu taku mihi ki a ia anei ra. 
[ 
She is a real champion in terms of languages the Maori language and all things like that. So I regard her greatly and here it is 
.] 
This is a Treaty settlement day and like the Minister of Maori Affairs said these days are really really important for us to know our past to know where we might go as a nation and get behind the people who are here today settling with the Crown a part of their history. Know your past know your present so we can all know our future as a nation—a nation of different peoples but a nation none the less. Kia ora. 
BRENDAN HORAN (NZ First) 
: 
 Tena koutou nga rangatira no Ngati Whatua o Kaipara. Nga mihi tonu ki a koutou i runga i te kaupapa nui o te ra. Tena koutou tena koutou tena tatou katoa. 
[ 
Greetings to you the revered from Ngati Whatua of Kaipara. I particularly acknowledge you on this great matter of the day. Acknowledgments and commendations to you collectively and to us all. 
] 
I would like to acknowledge the men and women in the gallery and it was nice to see the children from the ET rugby team as well. I would like to thank you for coming and New Zealand First acknowledges the difficulties that you have overcome to be here today. I see Haahi Walker up there and I would like to acknowledge his presence as well. 
While I am in acknowledgments I would like to thank the other members for their contributions today. My speech will not be so long because they have mentioned much of the history but I would say that the Ngati Whatua o Kaipara is unique in that it was referenced in the lands case which was a landmark case in giving rise to Treaty settlements. I congratulate Ngati Whatua o Kaipara on gaining Woodhill Forest because it is precious taonga with urupa and wahi tapu sites strewn throughout it.  
Ngati Whatua o Kaipara comprises a cluster of five marae around the harbour. This claim has brought them together under a new governance entity that is going to help collaborate the futures of the five marae. With five marae represented it was always a big claims committee with one representative each and a couple of support people but this led to robust discussion. It has actually brought this unit together as a real cohesive unit. That was evidenced when they came here to Wellington and saw the Minister for Treaty of Waitangi Negotiations Minister Finlayson and said that they were not going home without ownership of their sacred maunga. So I would congratulate them on that because they would not settle without it—and why should they? 
There is also unique redress within this claim and I refer to the Parakai hot pools but there is also a hook in here because there is co-governance and co-management with the Auckland Council. I would say to make sure that the Auckland Council understands that that means co-responsibility because the last thing that we want to see you saddled with there is hot pools that are in need of repair and the costs that come with that. My New Zealand First colleague Tracey Martin is with the Rodney Local Board and she will also be able to keep an eye there. 
This claim has been facilitated by the good relationship that the iwi have had beginning with the Rodney District Council and now the Rodney Local Board but most important with the community. Given how big Woodhill Forest is I would just say that Ngati Whatua o Kaipara will be the largest landowner in their rohe and that is massive. That is about 13000 hectares of land. Finally I would like to acknowledge Ngati Whatua o Kaipara’s generosity in allowing appropriate continued use of the forest by the community as well as many of the reserves. That interestingly enough is in line with their historical generosity. 
I would sum up by saying that along with my colleagues in the Maori Affairs Committee we will look forward to meeting with Ngati Whatua o Kaipara and we will try to get through this claim as expeditiously as possible. Kia ora. 
HONE HARAWIRA (Leader—Mana) 
: 
 Tena koe. I was not going to speak on the Ngati Whatua o Kaipara Claims Settlement Bill but I got a text earlier this morning from somebody in Phuket up in Thailand. It says: “Get along to the House and tell Tame: ‘Don’t blow it while I’m away.’ I’ll be back for the third reading. I hope it is all still in our hands signed Naida Glavish.” Kia ora tatou. 
Bill read a first time.  
Bill referred to the Maori Affairs Committee. 
Waiata 
Ngati Manuhiri Claims Settlement Bill 
Second Reading 
Hon Dr PITA SHARPLES (Minister of Maori Affairs) 
 on behalf of the Minister for Treaty of Waitangi Negotiations: I move  
That the Ngati Manuhiri Claims Settlement Bill be now read a second time 
. From the shores of Whangaparaoa in the south to the cliffs of Paepae o Tu in the north from the western tides of Koritoti Otakamaitu through the currents of te awa o Hoteo flowing on to Kikitangiao Hauhanganui to the pa of Te Arai o Tahuhu. The children of Manuhiri the people of  
Moekaraka 
 waka nau mai haere mai. Ko Tamahunga te maunga ko Nga Poitoa o Te Kupenga o Toi Te Huatahi te moana ko Ngati Manuhiri te hapu ko Omaha te marae. 
[ 
Tamahunga is the mountain Nga Poitoa o Te Kupenga o Toi Te Huatahi is the ocean Ngati Manuhiri is the subtribe and Omaha is the courtyard. 
] 
It was at Omaha Marae that the peoples of Ngati Manuhiri gathered with the Crown in May last year to sign a deed to settle their Treaty of Waitangi grievances with the Crown. The agreement was the first settlement deed signed in the Tamaki-makau-rau region. Those actions bring us all here today to consider the Ngati Manuhiri Claims Settlement Bill. 
A key part of this settlement bill will be the official recognition of tipuna Maori names throughout the homelands of Ngati Manuhiri. In recent weeks in Auckland some have been asking what is in a name. The Hon Tau Henare spoke to this before in reference to Maori names. But my response is that a name is a history a name is a whakapapa a heritage—a name is everything. The Hon Parekura Horomia also supported this view. Over the years Maori heritage was gradually removed from the official identity of this and many other regions. Maori identity was renamed and replaced. However bills such as this one we are debating today seek to restore that identity throughout our country. 
Little Barrier Island was named because the explorer Captain James Cook decided that it looked like a little barrier. Bream Tail was named because Cook’s crew caught a lot of bream fish or snapper while they were anchored nearby. No one really knows why Goat Island got its name as no one can ever remember goats living on it. These are names we have grown accustomed to sometimes attached to but they are only one side of the story of Aotearoa. It is Little Barrier Island in English but what in Te Reo Maori? It is Te Hauturu-o-Toi. The resting place of the winds—Te Hauturu-o-Toi. It is the centre pole of the great net of Taramainuku. The descendants of Taramainuku lived at Bream Tail or as they knew it Paepae o Tu. It is Goat Island in English but in Te Reo Maori it is Te Hawere-a-Maki taking us back to the warrior chieftain Maki the father of Manuhiri from whom all Ngati Manuhiri descend. 
The television programme  
Who Do You Think You Are? 
 sees celebrities rediscovering their whakapapa their family tree. For New Zealanders the settlement of historical Treaty of Waitangi claims is our own version of  
Who Do You Think You Are? 
. How else can we know who we are if we do not know our own names? How can we know where we are heading if we do not know where we have been? In a region like Auckland as mentioned earlier with few modern Maori landmarks it makes it even more important to ensure our ancestral Maori landmarks carry the names and heritage of the mana whenua of Tamaki-makau-rau. If we are to share a nation together then New Zealanders must also embrace our shared history and our shared place names. 
Based at Omaha Marae Ngati Manuhiri describe their ancestral interests as extending along the eastern seaboard from Whangaparaoa in the south to Paepae o Tu in the north. In the west those interests extend to the coastal range from Koritoti and Otakamaitu near Araparera to the Hoteo River and on to Kikitangiao and Hauhanganui which is Wellsford. They then run north-east from Patumakariri near Wellsford to the east coast of Te Arai o Tahuhu which is Te Arai Point and Paepae o Tu. 
Around 1840 Ngati Manuhiri held customary interests over 250000 acres. By the 1890s they had lost 90 percent of their traditional lands. Today in 2012 with only 1300 acres or so in small multiple-owned holdings Ngati Manuhiri are effectively landless in their own homelands. The Crown’s alienation of Ngati Manuhiri lands began less than a year after Te Tiriti o Waitangi was first signed in 1840. It began with the forced Mahurangi and Omaha purchase. It continued with the Crown’s individualisation and fragmentation of Ngati Manuhiri lands. It was consolidated by the painful and forced eviction of Ngati Manuhiri rangatira and families from Te Hauturu-o-Toi island. 
The Crown breaches of the Treaty of Waitangi have been carried over many years by generations of Ngati Manuhiri people. Without the land and resources to take ownership of their own destiny for generations of Ngati Manuhiri people their right to determine their own economic and social well-being was denied. This landlessness meant that the right of Ngati Manuhiri to uphold their own mana motuhake to exercise their own rangatiratanga was denied. 
 All those things lost due to the actions of the Crown can never be totally replaced. Yet the people of Ngati Manuhiri wish to settle their grievances with the Crown with mana and with honour. Over the years and across generations the Ngati Manuhiri people have led a long journey that has brought them to New Zealand’s House of Representatives today. Through perseverance through conviction and through leadership they have reached a strong settlement for their people. I look forward to this bill proceeding to the Committee stage without delay. Thank you. 
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rawhiti) 
: 
 E mihi kau ana i a koe te Minita Maori mo to tuku korero mo te ahua nei o Ngati Manuhiri i a koutou nga mea pakeke nga uri o Ngati Manuhiri e whai kaha atu ki te tae mai ki konei ki te whakatikatika atu i tenei nawe. Te roaroa hoki o te tu nei te hoki atu ki te kooti te whakahoki atu i te korero me te timata i roto i a koutou e mahi atu nga mahi mo te whakatikatika no reira tena tatou. 
[ 
I acknowledge you the Minister of Maori Affairs and your sentiments about this situation relating to Ngati Manuhiri and you as well the elder ones and descendants of Ngati Manuhiri who worked hard to get here to rectify this grievance. It has remained unaddressed for a very long period of time. It has gone before the court it has been returned for further consultation and now your efforts to begin rectifying the situation are at hand so congratulations to us. 
] 
This is an interesting settlement—very interesting. Of course it is based in the area called Omaha where some politicians have some big houses. Ngati Manuhiri are based at Omaha Marae Pakiri north of Auckland. Ngati Mauhiri descend from the tipuna Manuhiri. They are part of the Kawerau-a-Maki confederation and also have close ties to Te Uri o Hau and Ngati Wai. 
I think one of the principal issues that is very relevant in this settlement is that they have had a stressful time with the Crown. They did not agree in the beginning and they went away and they came back. I do want to recognise that great supporting soldier—who is an uri of Captain Cook—Sir Douglas Graham for the effort that he put in to whakawhitiwhiti and help get the conglomerate to get their organisation to move forward. 
Alongside that there are key figures. It is always difficult in naming people because you leave people out and a lot of them are here now. I see Clint and I see Mooks up there. I never knew what Mooks’ real name was till I had a look at the paper here. E mihi atu i a koe matua me koutou katoa e noho atu i konei. No reira tena koutou e Tame. 
[ 
I commend you uncle and all of you seated about here. So congratulations to you Tame and everyone. 
] 
And there is Laly Haddon who is an old warrior. One of the great things about Maori leaders is you know—there is nothing like it—you see how great they are by counting the knives in their back! I want to recognise Laly Haddon—[ 
Interruption 
] For whatever reason. I have watched this tall sterling character with ailing health stand true all the time. That is what I have got out of Treaty settlements. It is recognising and seeing some of these characters who have stood steadfast against all odds—against all odds. 
I do not think people in Parliament and some of our colleagues ever appreciate that tension. It is a lot different in the sense of the pressures that they have to take just to get here. On one side they have to try to be relevant and agree with the Crown even though it is putting right what was wrong. On the other side they have tried to appease some of the differences amongst their people. I got hoha when I was listening to the radio this morning and it was talking about Ngati Manuhiri that you know they have got to come to a general agreement. Well I have actually seen it in the churches and the “cossie clubs” around this country where the factions do not agree. They still go there because they all drink the same ale but they have different opinions you know? There are a whole lot of people who praise God—bless their souls—yet they do it in different churches in different ways. Yet it is OK. So it is OK to have a difference but it is better and bigger still that we get here as the Crown—and I want to mihi to Minister Finlayson; he is the supporter—in relation to getting to this day for the people of Ngati Manuhiri. 
They have had a real go. They did not accept in the first instance what was put on the table. They went away and they came back. The negotiations and the negotiators on both sides need to be recognised and commended for that. It has not been an easy settlement. We saw and heard that at the rugby league—or rugby club. I had better be careful. I am not sure what sort of club it was but it was one of those up there. 
Hone Harawira 
: Rugby league. 
Hon PAREKURA HOROMIA 
: Rugby league. The Warriors should be sacked! 
I want to recognise Laly Haddon Peri Watts and everybody else. These negotiations did arise out of Sir Douglas Graham’s efforts in June 2009 for all groups in Kaipara Mahurangi Tamaki-makau-rau Hauraki and Coromandel including Ngati Manuhiri to enter into direct negotiations with the Crown to settle all the historical Treaty claims. These days as the Minister said earlier should be labelled as Treaty settlement days because that is what they are. They are not days of urgency. This urgency has been a long time coming. It has been so urgent it has taken 150 years to get here! So on these Treaty settlement days like today it is great that we can come together to ratify and consolidate the initialling of the deed of settlement. 
The Ngati Manuhiri claim relates to the failure of the Crown to create adequate reserves for Ngati Manuhiri during the purchase of Mahurangi and Omaha in 1841—native land laws and the operation of the Native Land Court in the Crown’s acquisition of Te Hauturu-o-Toi Little Barrier Island. We have certainly heard—under the stewardship of that great leader of the Maori Affairs Committee Tau Henare—100-odd submissions in relation to the tensions and people’s world view of that. So it is appreciated that there are differences there but it should be said that at the end of the day it is not going to disappear and it is something they could work together to manage for the benefit of having it under their guidance. 
The Crown’s actions left Ngati Manuhiri virtually landless. It had devastating and enduring effects on the spiritual cultural and economic well-being of Ngati Manuhiri. You know I drove up along this well-funded highway north of Auckland to this holiday camp place. I saw these incredibly sized houses and I asked: “Who owns that house there?”. No no it was not the locals. It was not the locals. Whose is that house over there? It was Glen Osmond’s. Somebody was talking about a planet the other day—he had one there. I do not want to sound jealous about the wealth that is there and whatever else so I think Minister one thing is that some of those houses should be returned to Ngati Manuhiri even at this late stage! 
 As part of the settlement package in addition to the Crown apology and acknowledgments Ngati Manuhiri will receive financial and commercial redress to the value of $9 million which includes $2.498 million cash and the Warkworth District Court and Pakiri School sites which will be leased back to the Crown. I am really encouraged about this Warkworth District Court because they really could have a look at the skyrocketing rates which the people of Ngati Manuhiri tell me are hurting them. This is a serious issue because where some of them live it has always been valued as their hau kainga where their tipuna might have been or their families have been for generations. All of a sudden because of this prosperity of other people from other planets who have built there their rates and values skyrocket—not because of them. I would strongly suggest that it is considered as we go along towards finalising this settlement. Cultural redress which includes Hauturu is recognition of Te Hauturu-o-Toi to Ngati Manuhiri. There is the vesting and gift back to the people of Aotearoa New Zealand within 7 days of the Hauturu-o-Toi nature reserve in the Ngati Manuhiri Settlement Trust. I am always fascinated by the returns. 
I just want to quickly go to some interesting points in the bill. There is one here about the statutory acknowledgments in clause 36 “Application to river or stream”. It provides that “If any part of the statutory acknowledgement applies to a harbour that part of the acknowledgement also applies to the bed of the harbour and everything above the bed.”—everything above the bed which is water. That is a really good pointer for where we may be going in the water discussion. I am pleased that it is in this document—I am pleased that it is in this document. It is no good ducking and diving so well done the negotiators. The flowing of the fresh water—oh it applies only to flowing water fresh water. Well it is all water anyway so that is great. 
In clause 52 “Actions by Director-General” it says “The Director-General must take action in relation to the protection principles that relate to a whenua rahui site including the specified actions.” I think that is great. What it means is that recognition or understanding is being given to the mana of Maori. Maori have mana over water. Maori have mana over all of those issues and this is one way of giving it relevance. Fix it in here. It is already done—well done Minister. You need to travel this past those people on the roadshow. 
In the general provisions clause 68(2) says that “Subsection (3) applies if a cultural redress property vests subject to an interest that is not an interest in land” and clause 68(3) says that “The interest applies in respect of the cultural redress property …”—blah blah blah. It goes on to say there are qualifications modifications in the status of the land and “despite any change in status of the land in the property.” So those are the three important parts— 
The ASSISTANT SPEAKER (Lindsay Tisch) 
: Sorry to interrupt the honourable member. His time has expired. 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 I want to thank the Maori Affairs Committee for its very good work. This bill the Ngati Manuhiri Claims Settlement Bill raised a number of issues in the select committee and I think the committee navigated its way through the 100-odd submissions extremely well. There were two issues that arose and I want to touch on both of them very briefly. 
The first issue averted to by Mr Horomia concerns the co-governance of Te Hauturu-o-Toi. Every Treaty settlement is important. Every stage of its implementation is a major milestone. But at the select committee a number of submissions were received relating to the island. Most of the submitters who opposed the bill are in fact affiliated to Ngati Wai and they were very worried that settling first Ngati Manuhiri would settle Ngati Wai grievances. There is no dispute that hapu and whanau of Ngati Wai who do not affiliate to Ngati Manuhiri do have longstanding customary interests in Te Hauturu-o-Toi. Those interests are recognised by Ngati Manuhiri today and are referred to actually a number of times in the Ngati Manuhiri deed of settlement including in the agreed historical account. There is no doubt that Ngati Wai historical grievances other than those of Ngati Manuhiri are not being settled through this bill. This settlement is for the descendants of the tupuna Manuhiri and no other. 
What became obvious during the select committee hearings was that the drafting relating to co-governance arrangements with the Department of Conservation over the island was very prescriptive. As written the bill did not adequately consider the possibility of other groups becoming involved in those governance arrangements. That was very significant as it had not been the intention through this settlement to freeze out other groups. So the recommendation came back from the select committee for a new clause clause 96A. It is very important as it makes it clear beyond doubt that the bill would not prevent other iwi from becoming involved in the co-governance arrangements if other enactments provide for that and I am very much looking forward to commencing negotiations with Ngati Wai very soon. This amendment has been agreed to by Ngati Manuhiri and their deed of settlement has been amended to ensure that the recommended change is consistent with the deed. 
The second issue concerned the gift and gift back of the island. There was a concern that that arrangement conveyed exclusive mana whenua to Ngati Manuhiri. Gift-back arrangements are used in situations where the land has a high conservation or other value and the Crown wants to retain ownership but where significant historical grievances need to be addressed. This was a very important part of the Ngati Manuhiri negotiation. But let me make it clear: there was no intention by the Crown or Ngati Manuhiri for the gift back to convey exclusive mana whenua to Ngati Manuhiri or otherwise alter customary interests in the island. The select committee heard the various submissions on this topic and then Ngati Manuhiri and I agreed that further assurance should be provided so we have amended the deed of settlement to include a clause stating that for the avoidance of doubt the gift back is not intended to convey exclusive mana whenua over Te Hauturu-o-Toi. I have to say that these statements of clarification do not belong in legislation but I bring it to the attention of the House as a further and positive outcome from the very good work of the Maori Affairs Committee chaired by Mr Henare. 
With those comments I will leave it there. I will be more fulsome in my third reading speech but I thought it was important to emphasise the fact that the select committee dealt with this matter extremely well. Those two issues were extremely sensitive. They gave rise to quite a number of submissions and I hope that we have as it were solved things so that Ngati Wai interests will not feel anxious any longer. 
RINO TIRIKATENE (Labour—Te Tai Tonga) 
: 
 Tena koe Mr Speaker. Tena ra koutou e aku rangatira i roto i te Whare nei a Ngati Manuhiri nau mai hara mai. Hara mai i raro i te tuanui o te Whare Paremata e takatu nei. Tena koutou tena koutou tena tatou katoa. 
[ 
Thank you Mr Speaker. Salutations indeed to you my esteemed ones in this House and welcome to you Ngati Manuhiri welcome. Welcome under the roof of this House standing here ready. Salutations acknowledgments and greetings to you and to us all. 
] 
I rise to speak at the second reading of the Ngati Manuhiri Claims Settlement Bill on Treaty settlement day. I too am pleased to have been participating in the Maori Affairs Committee which heard many submissions on the bill. As Minister Finlayson has just pointed out there were a couple of key aspects where I am very pleased at the way they have ended up in terms of clarification on those two particular points. 
I want to just start my speech and I have sort of had a theme on my Treaty settlement speeches. I like to go over the importance of understanding Maori history and whakapapa or genealogy—the family tree so to speak. My whakatauki Pakeha has been that to understand whakapapa is to understand Maori history. The rich tapestry—to pinch a phrase from my whanaunga there Tau—of the history of Aotearoa is woven like an elegant but sturdy whariki made to sit upon and hold weight with each strip of flax crossing back and forth and connecting to another strip going the other way. Soon those strips of lovingly prepared harakeke run out and make up the borders of the whariki. But that whariki represents the whanau hapu and iwi and each strand is a source of information and a font of tribal knowledge. 
May I acknowledge my own part in the weaving of this mat known as the Ngati Manuhiri Claims Settlement Bill for I too am a descendant of Maki the eponymous ancestor of Te Kawerau-a-Maki. Our shared history tells of a chief of Ngati Awa-o-Runga-o-Te Rangi also known as Koro Atiawa named Maki who had as a wife the daughter of Mutunga a wahine by the name of Hinepueru and whose area of influence stretched between Taranaki and Kawhia. My ancestors of Ngati Rarua and Ngati Toa who back then were known as Ngati Mango and who were his relations went north to Kaipara and on to Hokianga in support of Maki’s take. He eventually returned to the Kaipara to settle the land with those inhabitants who never opposed him. 
That group of journeying warriors and family became the original Te Kawerau-a-Maki who intermarried and settled the Kaipara and came down into the Waitakere and other parts of Tamaki. Indeed my ancestor Tupahau was part of Maki’s journeys and so settled on Maungakiekie with a beautiful wahine of Waiohua named Hineteao. Years later another take took Tupahau back to Kawhia and Marokopa to assist more relations in his original homelands of the west coast between Taranaki and Kawhia. That is my connection to Ngati Manuhiri: Maki-nui of Ngati Awa-o-Runga-o-Te Rangi no te Tai Hauauru. 
Every taonga has a name and the name of this whariki that I have been explaining is “korero onamata”—of history. Its name suggests an association to history and genealogy and to the spoken word. These three things are woven into the whariki that lie before Ngati Manuhiri today. 
So to repeat to understand whakapapa is to understand Maori history. My other colleagues in this House will talk about the background to elements of the bill but there is a common theme that has been running through these readings and that is the equivalence of mana and whenua of authority and land in the equation that makes up Maori life. 
May I take the time now to talk about Te Hauturu-o-Toi as that was the big issue that we confronted as a select committee which is Little Barrier Island. This culturally important little island has played a significant role in the history of Ngati Manuhiri and indeed all Maori. In our korero onamata Hauturu is a float on the net of Toi-Te-Huatahi regarded by Maori as a founding father of this nation. So with the use of toponomy and whenua the naming of the land Toi used certain points from Hauraki to Whangarei as markers of his mana motuhake that authority. From those very early times of Toi through to the middle ages of the 1500s and the 1600s the mana of Hauturu changed several times until the arrival of the tupuna Maki of Ngati Awa-o-Runga-o-Te Rangi no te Tai Hauauru the great-grandson of Haumia of the Poutama region of North Taranaki. 
So my own tribal korero recalls Maki pursuing a foe all the way to the Hokianga where he captured his enemy but in that unique Maori way he let his captor go. Maki then returned to the Kaipara and with those original inhabitants and his original followers invested in the Waitakere and Waitemata regions eventually ending with his descendants Ngati Manuhiri a hapu of Ngati Wai having mana over the region we have spoken of today including Hauturu. 
 So this korero onamata is tika but today it is acknowledged by the Crown that Ngati Manuhiri will receive Te Hauturu-o-Toi back for a period of 7 days before gifting it back to the people of Aotearoa New Zealand. We did include some clarification in recognition of the submissions that we received that it was not recognition of the mana to the exclusion of other iwi. So that has been reflected in the bill which we have reported back.  
There is a rich history in terms of these Treaty settlement bills and I have been able to outline my own connection. People must think “Gee that guy’s connected everywhere!” but literally there are a lot of connections and that makes up who we are in our unique history as Maori in Aotearoa.  
I would just like to mihi to Ngati Manuhiri all of the negotiating team and all of the great rangatira who were involved in the progression of this claim which is now through to this bill stage. We are nearly there. We are just up to the second reading and we are on the home stretch. I would just like to mihi to you all. The beauty is that by doing this mahi it is sort of opening up to me and revealing a whole lot of connections and a whole lot of the history that makes up as Tau said the rich tapestry that we have here in Aotearoa New Zealand as tangata whenua. So I would just like to mihi to them all and I commend this bill through to the next stages of the House. Kia ora ano tatou. 
DENISE ROCHE (Green) 
: 
 Tena koe Mr Speaker. Ki nga tangata o Ngati Manuhiri te ra. Tena koutou tena koutou tena koutou katoa. It is my privilege to speak on behalf of the Green Party and particularly on behalf of our co-leader Metiria Turei who is a member of the Maori Affairs Committee which has been hearing the progress of this bill.  
The Green Party has in the past supported Treaty settlement bills because we believe that the work of the kuia and kaumatua in bringing the settlements to this stage should be respected. Sometimes we have been able to negotiate changes to the settlements in favour of iwi and hapu. Most of the time the Crown refuses to entertain any notion of genuine change to address iwi and hapu concerns. It is therefore really an easy vote to cast as we have some serious objections to the settlement process particularly as it has descended more and more into deals rather than genuine restitution from the Crown to Maori for the losses that you have suffered. 
We do not believe that these settlements are full and final. We think they are deals done today according to today’s constraints and that the issues will be revisited again in the future. We are seeing this more and more and we just have to look at the issues around why as an example. We acknowledge the huge losses Ngati Manuhiri have suffered at the hands of the Crown and we do not detract from that but we must always state the failings of the Crown in our contributions to these debates. We must remind the Crown that if it continues to exercise undue power of the process to the detriment of iwi and hapu we refuse to simply rubber-stamp these bills. 
Earlier in the year the Greens abstained on the first reading of this bill for the first time in our history. Our vote will not change despite the work of the select committee. I acknowledge the chair Mr Henare I acknowledge the members of the select committee and the Minister who have worked very hard on this and I acknowledge also all the submitters and all their work. 
During the select committee hearings we heard very concerning reports about mandate conflicts of interest and perhaps unsurprisingly some disregard for the Minister of the issues of Ngati Wai over this settlement. A major argument of the Manuhiri Omaha Kaitiakitanga Ora Trust—the mandated negotiating body—in support of this settlement was that Ngati Wai had supported it. They relied heavily on the decisions of the Ngati Wai Trust Board. However there were serious conflict of interest issues that were not resolved to our satisfaction. 
Two issues of concern involved the people involved in the two bodies. One very serious issue was the mandate of the Ngati Wai Trust Board to support the bill. One person held the position of chair of the Ngati Wai Trust Board and of the Manuhiri Omaha Kaitiakitanga Ora Trust. In addition Wayne Peters was the legal adviser to both the trust board and the trust. We specifically asked during the hearings whether the conflict of interest issues were advised to the members recorded or otherwise managed in any way. We were told no. We were told there were no conflict issues even where these had been raised by some Ngati Wai. 
During the process of the select committee a properly held special general meeting of the Ngati Wai Trust Board was called. At that special general meeting the members overwhelmingly voted to oppose this settlement bill. The trust board considered that decision but as it was not required under its trust deed to adhere to that decision it retained its previous position of support for the bill. It appears that this was lawful but in our view it remains ethically questionable because of the serious conflict of interest issues that arose from having two people playing key roles in both organisations. 
As a result of both the actions of the trust board in response to the special general meeting and the failure to properly sort the conflict issues we do not believe that there is significant support in Ngati Wai for the bill. We concede that the trust board supports it but not the people who are most affected by the provisions of the bill. Therefore we cannot rely on the Manuhiri Omaha Kaitiakitanga Ora Trust assertions that it has Ngati Wai support for this settlement. 
We acknowledge that the bill has been amended to state that the provisions do not prevent future settlements from providing co-governance arrangements for other iwi in the future. This change is not sufficient to alter our vote. We remain very sceptical of the Crown’s intentions with this legislation to hand over Hauturu to Ngati Manuhiri ownership for 7 days before it is returned to Crown ownership minus 1.2 hectares set aside for Ngati Manuhiri use. We think this is an example of giving with one hand and taking with another and we can see that this type of mechanism might well be used by the Minister in future settlements concerning Hauturu. 
Ultimately the box is ticked but the substance of the deal remains with the Crown. The Crown gives up practically nothing. This is not restitution. We consider this type of gift to be a Crown insult to those whose land was taken without their consent those who were forcibly removed from their land. We believe that the Crown dishonours itself with this deal. We understand that Ngati Manuhiri people have pursued this settlement as best as possible in the current circumstances—we acknowledge that. We wish them well. We wish them all the best in their pursuit of their rangatiratanga at this time. 
Hon TAU HENARE (National) 
: 
 Kia ora Mr Speaker. I will not take too much of the House’s time and I will leave the majority of my comments to the Committee stage and the third reading. Can I say though that in response to the last speech although I am not going to bag it or anything like that the question is this: are we saying it is a good settlement or are we saying it is a bad settlement? At the end of the day Ngati Manuhiri has signed the deal not us. They said they want to sign the deal. Like I said earlier in the day it is easy for us to sit here and make speeches but they are the ones who have got to live the life. They are the ones who have to get on with whatever they want to get on with. It is not for us to say “You should take it.” or “You should leave it.” At the end of the day that side will decide whether they should take it or leave it. So they have decided in their wisdom to take the deal that is on the table. 
We all know that it is a minuscule settlement. It is a—I was going to use some of my South Auckland slang but I thought I had better not— 
Hone Harawira 
: Not if you want to be Speaker. 
Hon TAU HENARE 
: That is right. At the end of the day Ngati Manuhiri have decided. I hear what the member from the Green Party said about Ngati Wai and there are some issues around that. But put yourself in this position. In a small Maori community obviously sometimes there is going to be a perceived conflict of interest because the lawyer is working for two people or two organisations. 
Hon Member 
: Get two lawyers. 
Hon TAU HENARE 
: Well you know I mean it is not as if Ngati Manuhiri people are so overflowing with gold and riches that they can afford to go to Kensington Swan or whoever. 
Hon Simon Bridges 
: I used to work for Kensington Swan. 
Hon TAU HENARE 
: And one of my colleagues did work for Kensington Swan until he got asked to give the toilet key back. 
I do not think that this settlement hinges on whether Ngati Wai agree or not and one of the things about doing a Treaty settlement is that it is very hard to actually get a change in the bill. I think our select committee did a wonderful job by actually getting the change—I think the Minister for Treaty of Waitangi Negotiations mentioned clause 96A which clarifies the co-governance agreements with our Department of Conservation over Te Hauturu-o-Toi Little Barrier Island and they are not exclusive. What that amendment says is that it is not exclusive only to Ngati Manuhiri. So it does not wipe out any claim Ngati Wai may bring at a later date. 
So I hear what the member said but I also think that the select committee did its job and did a pretty good job in trying to convince the Minister to put a change or a definition that would say to Ngati Wai: “Look this doesn’t count you out.” In fact it does not count out anybody who thinks they have a relationship with Hauturu. I might leave it there because I know that my brother over there wants to get to lunch. 
The last thing I will say is that in a process where the select committee asks the Minister to change something in the bill the Crown has to agree and so do the home folk. So it is not just a change because the select committee asks for it; they have actually got to get agreement from the home people if there is to be a change. I commend both the Minister and also Ngati Manuhiri for agreeing to that change to make sure that it is clear that there is no exclusivity. I will leave it at that. 
LOUISA WALL (Labour—Manurewa) 
: 
 Kia ora Mr Speaker. E nga mana e nga whanau o Ngati Manuhiri tena koutou tena koutou tena tatou katoa. It is my pleasure to speak on the Ngati Manuhiri Claims Settlement Bill as a member of the Maori Affairs Committee. I want to tautoko what our chair the Hon Tau Henare has just said and I want to share a little bit about what happened in the select committee. We appreciate the fact that he hosted us when we came to him to hear from his whanau. We had 140 written submissions and we heard 17 oral submissions on the bill. The key issue as has been outlined by the Greens and the Minister for Treaty of Waitangi Negotiations alluded to it was the opposition to the inclusion of Te Hauturu-o-Toi. In fact 95 of those submissions were against the inclusion. 
What I want to say about this process what I think we need to realise about this process of Treaty settlements is that for me I think it is our country’s truth and reconciliation process. It is recognition that we as indigenous peoples of Aotearoa have been colonised and we have had our lands and our resources taken from us. It is with the generosity of our hapu and iwi that we can actually move on. I mean these settlement processes are about moving beyond grievance and actually giving resources back to hapu and iwi so that we can construct positive lives for our mokopuna and our tamariki. 
What we need to acknowledge in this process is that in fact we are in a process. Ngati Manuhiri were ready to go. Why should we hold them back? Ngati Wai is on the schedule to negotiate next year. In addition to Ngati Wai we have Ngati Rehua we have Te Kawerau-a-Maki we have Marutuahu and we have Ngapuhi who also have interests in Te Hauturu-o-Toi. What we have done as a select committee is to recognise that there are mana whenua interests over this piece of land. A very rare thing happened through the select committee process. It was not just tokenistic rubber-stamping of the process. We as a select committee actually implemented and inserted clause 96A. That clause is titled “Involvement of other iwi” and it reads: “This subpart does not exclude representatives of other iwi from being involved with the Hauturu plan if other enactments provide for that.” So with the gracious consent of Ngati Manuhiri we inserted that. I want to acknowledge the whanau who are here for the rangatira that you have shown for the fact that you were ready to go but you have preserved the ability for the other whanau to be involved in what will be I believe co-management—and more than that because you have your own whenua on which you will build a marae or do whatever you want to do with it. But the fact is you will get some of that whenua back. 
I want to acknowledge the work of the select committee and my fellow colleagues on the committee. It was a process where we did listen and it made a difference and we are here today at the second reading. I am happy to be part of a Parliament that wants to get on with this reconciliation process to give the resources back to hapu and iwi and to let you do with it what you choose. Kia ora. 
HONE HARAWIRA (Leader—Mana) 
:  
Tena koe Mr Speaker huri rauna tena tatou katoa e te Whare. Koutou e noho mai na e oku whanaunga o Ngati Wai o Ngati Manuhiri koutou tatou ra wena. E tika ana kia kaua e whakaarohia mena kei roto koe i tera hapu ehara koe kei roto i tenei hapu. He whanau kotahi tatou o roto o tera o wa tatou moana ona motu ona whenua katoa no reira me mihi atu ki a koutou.  
E Mooks tena koe. I think Parekura Horomia still does not know what your real name is. I told him that I actually thought it was Mooks. But me mihi atu ki a koe i haere mai nei. 
E tika ana kia mohio ai koe i taku rongona atu ki nga korero o te Ropu Kakariki e tautoko ana i to ratou korero i te mea koia te wairua kua rongo nei au i roto i nga korero i te kainga te korero kua rongo nei hau i roto i ta matou noho korero i Omaha tae noa ki tenei wa. Kei reira tonu tera whakaaro me te mea ano hoki hara to ratou korero hei takahia i te mana o Ngati Manuhiri engari kia tohutohu atu ki te kawanatanga kia kaua e whakakahoretia i te mana o tena o tena o tena. No reira me mihi atu ki te Ropu Kakariki e tu kaha ana ki roto i to ratou ake kaupapa i te ra nei. Engari moku i tenei wa kia kaua tatou e w’akatakoto i wena raruraru ki mua i te aroaro o te Whare Miere engari kia whakahokia wena korero ki te kainga ma matou ano hei korero ma matou ano ra hei w’akatau. 
Heoi ano mo tenei wa kua tae matou ki tenei wa whakatau no reira me mihi atu ki a koutou i haere mai nei i tenei ra tatou ano ra e nohonoho nei tena koutou tena koutou huri atu huri noa kia ora tatou katoa. 
[ 
Thank you Mr Speaker and salutations to us all in the House. To those of you seated there my relatives of Ngati Wai and Ngati Manuhiri you lot you are indeed us. It is right that you do not consider whether you are in that subtribe or this subtribe as we are one family of that part of our harbour its mountains and all its lands and so I acknowledge you collectively.  
Hello there Mooks. I think Parekura Horomia still does not know what your real name is. I told him that I actually thought it was Mooks. But I need to single you out for coming here.  
It is right that you should know that when I heard the sentiments expressed by the Green Party I supported what they said because that indeed was the spirit I felt in the talks back home and heard firsthand in our discussions at Omaha right up to this moment. That talk is still there. It seems as well too that the Greens are not going on about bashing Ngati Manuhiri’s autonomy but rather pointing out to the Government not to extinguish the autonomy of that one that one and that one. So I must congratulate the Green Party for standing staunch on what it believes in today. For me personally at this point in time we should not be raising those problems before Parliament but should be taking it back home for us to discuss and deal with there.  
Therefore I need to acknowledge you who came here today. To those of us once again seated about here salutations and acknowledgments to you collectively throughout and about. Thank you to us all. 
] 
BRENDAN HORAN (NZ First) 
: 
 I rise on behalf of New Zealand First in support of the Ngati Manuhiri Claims Settlement Bill. It has been very interesting with this bill. There is no need for me to go over what has already been said this morning but Ngati Manuhiri’s work with Ngati Wai means that this settlement has created momentum for settlements throughout the upper North Island this being the first of the Ngati Wai settlements so it lays that foundation. I would say that the select committee process is robust and we certainly had a robust meeting with robust discussion when we were at Leigh. 
It was also a little bit sad because one of the Maori Affairs Committee members did not do her work and incited some young people who were there. So the day ended up with a lot of recriminations and allegations. It was disappointing that it came about like that but the end result again is that there is great healing to be done. I would like to acknowledge the work and the strong leadership of Laly Haddon and his team—so kia ora and good luck. New Zealand First supports this bill and we look forward to the third reading. Kia ora. 
A party vote was called for on the question  
That the Ngati Manuhiri Claims Settlement Bill be now read a second time. 
Ayes 107 
New Zealand National 59; New Zealand Labour 34; New Zealand First 8; Maori Party 3; ACT New Zealand 1; Mana 1; United Future 1. 
Abstentions 14 
Green Party 14. 
Bill read a second time. 
Ngati Whatua Orakei Claims Settlement Bill 
Second Reading 
Hon Dr PITA SHARPLES (Minister of Maori Affairs) 
 on behalf of the Minister for Treaty of Waitangi Negotiations: I move  
That the Ngati Whatua Orakei Claims Settlement Bill be now read a second time 
. Ka mihi ano ki a tatou tena koutou kua heke iho mai ki Te Upoko o te Ika i tenei ra mo tenei kereme. Ka timu te tai ka pari te tai ki Takaparawhau e tu whakahi ana. Orakei! Tukuna ra to karanga kia areare mai nga taringa kia hiki i te wairua. Orakei! He tohu maumahara ki nga whawhai o o koutou na kuia koroua i tu pakari ai mo te iwi. Ka kore e warewaretia.  
[ 
I acknowledge us once again. Greetings to you collectively who have come down here to Wellington for this claim. The tide recedes and comes in at Takaparawhau. Orakei let your call go out to command attention and to lift up the spirit. Orakei! It is a token of remembrance to the battles of your elder women and menfolk who stood staunch for the tribe. It will never be forgotten. 
] 
As the waters ebb and flow against Takaparawhau I recall the kuia and koroua of Orakei. I recall their long and heartbreaking battles for their people. Today their determination conviction and mana bring their children to New Zealand’s House of Representatives. Haruru mai ana a Tumutumuwhenua i nga moemoea o ana uri. Tu tonu mai ra koe hei whakaruruhau mo nga tamariki mokopuna a Tuperiri ara ko Te Taou ko Ngaoho ko Te Uringutu. 
[ 
Tumutumuwhenua rumbles from the dreams of its progeny. You remain standing there before us as a shield for the children and grandchildren of Tuperiri and of Te Taou Nga Oho and Te Uringutu. 
] 
I am pleased to see that the Ngati Whatua Orakei Claims Settlement Bill is back before the House for consideration and is ready to progress through another key parliamentary stage. Ngati Whatua o Orakei have demonstrated great patience and leadership since the agreement in principle was signed with the Crown in June 2006. Negotiations were suspended after a Waitangi Tribunal inquiry found other mana whenua interests in the Tamaki-makau-rau rohe. Subsequently the Crown sought to settle these claims collectively simultaneously offering redress to all mana whenua iwi and ensuring transparency of commercial redress value. I was honoured to participate in a ceremony for the collective settlement deed for nga mana whenua o Tamaki-makau-rau a few weeks back alongside Ngati Whatua o Orakei rangatira. Their spirit of whanaungatanga and rangatiratanga has guided us all. Their perseverance and patience enabled the resolution of claims across Tamaki-makau-rau. 
It is worthwhile addressing the case of 3.2 hectares of land at Narrow Neck on the North Shore included as commercial redress in this bill. This land will be leased back to the New Zealand Defence Force for 15 years with a right of renewal for up to 150 years. The thing is that in spite of the Ngati Whatua o Orakei Maori Trust Board guaranteeing permanent public access to these 3.2 hectares some residents remained uncompromising and in my view totally unreasonable. I am very disappointed Mr Darby in you and your crew. Here is my response. My response is one of simple mathematics: 3.2 hectares of land returned; 31565 hectares of land lost. I would like to repeat those numbers. I will repeat those numbers: 31565 hectares of land lost from Ngati Whatua— 
Hon Maurice Williamson 
: I’m good at maths. I’m good at maths. I know one’s bigger than the other. 
Hon Dr PITA SHARPLES 
: —3.2 hectares of land returned to Ngati Whatua. 
Hone Harawira 
: And we want it back Maurice. 
Hon Maurice Williamson 
: Which one’s the biggest? 
Hon Dr PITA SHARPLES 
: There is a little deal going on on the side here. Pay attention. This unimaginable loss of land and economic well-being has been etched upon generations of Ngati Whatua o Orakei and defined the lives of their families. All those things lost due to the actions of the Crown can never be totally replaced and yet the people of Ngati Whatua o Orakei wish to settle their grievances with the Crown. 
Today’s bill includes commercial redress comprising a quantum of $18 million plus interest less on-account payment for $2 million received through the railways settlement in 1993. It includes the return of Poroua Creek the last remaining piece of undeveloped Crown-owned land which was once part of the 700-acre Orakei block. 
When the great rangatira Te Kawau likened the coming of Te Tiriti o Waitangi as a great wind from the north his prophecy of massive change was as we know fulfilled. As with the rest of Aotearoa the world changed for Ngati Whatua o Orakei after 1840. However the aspirations of Ngati Whatua o Orakei have never changed. Those aspirations were the same in 1840 when Te Kawau signed the Treaty. Those aspirations were the same in 1977 when whanau bravely confirmed their mana whenua by reoccupying Takaparawhau in what would become a defining moment in the history of Aotearoa. These aspirations were the same in 1987 when they lodged one of the first historical claims to be heard by the Waitangi Tribunal. Those aspirations are the same as those held today. Ngati Whatua o Orakei seek the right to take ownership of their own destiny to determine their own economic and social well-being. Ngati Whatua o Orakei seek the right to uphold their mana motuhake and to exercise their own rangatiratanga. 
 Yesterday marked 6 years to the day since the passing of Orakei rangatira academic and iconic New Zealander Sir Hugh Kawharu. Part of Sir Hugh’s incredible legacy to us all lies in the bill that is before us today. In an interview before his passing away he said and I quote now from the late Sir Hugh Kawharu: “We have a beautiful city a dynamic history and a shared future. Once we have moved from the Agreement in Principle and hopefully to the Deed of Settlement we can put the grievances of the past behind us and all look positively forward.” He continued: “I do urge people to read the Agreed Historical Account as knowledge of the past adds richness to our lives.” He ended by saying: “I also want our people to understand more about our history our customs and our language as we are tangata whenua and will be for all generations to come.” That is the end of the quote from the late Sir Hugh Kawharu. 
With those wise words I fully support the second reading of this bill as amended by the Maori Affairs Committee and its quick progression to enactment. I look forward to this bill proceeding to the Committee stage without delay. Thank you. 
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rawhiti) 
: 
 Tena koe. I a koutou nga uri o Ngati Whatua o Orakei e mihi kau ana ki a koutou tena koutou. Tena koutou mo to koutou kaha ki tae ake ki konei Sharon koutou nga mea pakeke. E tautokotia atu te tu kaha o to tupuna o to papa mo te take nei. E whakaaro atu mo te tuku korero a to tatou Minita Maori mo nga puta a-waha a Ta Hugh. E tika atu wera whakaaro. Mai ra ano i ki atu te koroua ra ahakoa te wehewehe whai tahi atu tatou hei whakatikatika te huarahi e haere tonu atu. Pera ano tana whakaaro. He tino korero rangatira tera mai i te wa e mohio atu wetahi o tatou te tino mahi maka te tino mahi nati o te Karauna ki a koutou o Orakei. No reira mo tera tena koutou. Mo ratou e rere atu nga mea pakeke e kore i konei e mihi kau ana. Mihi kau ana ki te matua a Grant me to tangata o te Whare Miere nei a Joe mo tona kaha. Mihi atu ki a Joe ahakoa e kore i konei mai i te timata o te pakanga ki te wa i tae ake ki konei ki tona whakaturetanga. 
[ 
Thank you. To the descendants of Ngati Whatua o Orakei I truly acknowledge and congratulate you collectively. I salute your endeavours to make it here Sharon you and the elders. I endorse the stance that your elder and father took on this matter. He was staunch. I take into account the sentiments expressed by the Minister of Maori Affairs and those by Sir Hugh. How right those views were. Right from the beginning that elder said that whatever the differences we must work together to clear a way as we go forward. That was what he had in mind. Great words those. We have known for a long time just how the Crown really treated you of Orakei—like a mug as well as throttling the life out of you. And because of that I have got to hand it to you. As for those who have passed on the elders who cannot be here my utmost respects to them collectively. My regards to Uncle Grant and your man from this Beehive Joe for his efforts. I salute him even though he was not here at the start of the battle to its arrival here for enactment. 
] 
I want to follow and support what the Minister of Maori Affairs has said—that in my mind everyone can lay claim to having a special place in this country’s history. But the Ngati Whatua o Orakei settlement is something that is etched in this country’s history for their ability to say no when the Crown in modern times only 40-odd years ago tried to confiscate the land. That they maintained the expansive views of their water and their harbour amongst all the expansiveness that is built in pastel confines in the houses of wealthier people who have benefited from the confiscation is certainly something that we need to remember. 
I think it is important that we talk about it. You know in this country’s history of recent times these people stood in front of the police and said no. The police under the Crown’s orders tried to continue to take the land. It was so rough in parts of their history. The Crown and the people associated burnt their marae down and people forget to say that. You have the Hammerheads Restaurant and all. Go under the water and look at the place—I forget what it is; “whale watch underground”—and all of that stuff that has been built. They are great economic assets to the city of Auckland. 
Hon Maurice Williamson 
: Kelly Tarlton’s. 
Hon PAREKURA HOROMIA 
: Telecom communication as Maurice knows. Mr Williamson knows about all of this; he knows about it. I am proud of him for the effort that he is going to put in to put this right because this is quite a light list here of this correction. It is only one part. 
I want to commend the chair of our Maori Affairs Committee the Hon Tau Henare who is starting to grow both in vigour and in ability every time he stands up and makes a speech. He led the select committee well—he led the select committee well—against a whole lot of tensions. The Narrow Neck situation was fuelled by people who played redneck ideals. It was fuelled by mistrust and misunderstanding. If you read the settlement there is a lot of goodwill from a people who stood in front of the police and said no in relation to sharing it with everybody. 
The debate about why they should have commercial nuances tied to this settlement makes the mind boggle. As I said all the development below them where the whare was burnt all the property that was taken off them does one thing. It creates incredible revenue for a whole lot of people to ensure that their families have a solid economic base. It is marginal in this in relation to doing that and that is why this settlement is really critical to this nation. 
It is like the emperor with no clothes. It is no good us standing here and making believe that it never happened. It happened in modern history. We dared to do that. We dared to talk as Crown agents to suggest that we could take it off them again. Have they managed it wisely the assets that they have got—whether it is the railways and travel stations? Yes they have. Minister Sharples and Minister Williamson know that. They know that full well. They have got to harden up on doing a better deal to add to this. Tena koe Minister. This is not about constituency issues. This is about a nation’s nawe and a nation’s hakihaki. It is a scab that has festered. 
 The settlement package is all of that. You know the interesting thing about Narrow Neck I worked out is that Pakeha Maori and Asian people were not allowed to walk down the side of it when it was in the armed forces’ hands I think. Ngati Whatua are quite open for people to traverse it as long as they respect and understand who is there. I want to commend the effort both of those people who came before the select committee to say that it should not happen and of those who came there and wanted to support the settlement. There were Pakeha who came into that room and supported this settlement. I take my hat off to them. 
There were people—including some Maori—who did not want it to happen. So I want to commend the negotiators and the Ministers for getting this bill to this end: the vesting of the Pourewa Creek conservation area; the redress over the volcanic cones on the Tamaki isthmus and the Hauraki Gulf islands throughout there that recognises their mana and their rangatiratanga; and protocols and letters of introduction to facilitate and strengthen relationships between Ngati Whatua o Orakei and the Crown museums and the Auckland Council. 
The consideration of the Maori Affairs Committee took that all into account and we came back with these recommendations. These protocols are settled on nearly every claim. This is one of the most important sets of protocols that has to be enacted. Minister Williamson the Minister of Labour over there the Minister of Maori Affairs and any other one over there who is trying to pretend they are a real Minister—make sure that these things happen. The worst thing with these protocols is that we say “Yes Te Puni Kokiri yes the Ministry of Social Development yes the Ministry of Economic Development and yes the Department of Conservation.” and they say “We signed be happy give us some hakari Orakei.” and then they disappear. 
These are serious protocols especially with this group. They need to be recognised they need to be enacted and they need to be monitored. They are not. I know Minister Williamson knows a lot about monitoring because he is the communications person who has been saying that broadband is going everywhere. It is important that the monitoring is done. In terms of the relationship with the museums and the Auckland Council well there is a lot to be done there with the Auckland Council. I am not too sure how central government enacts and imbues within the writings of the legislation of the local authority that it must do what it is told. I want to mihi to Mayor Len Brown and hope he is taking time out over a cup of tea watching this. I suggest that we need to be serious about correcting that. 
This is an important settlement for my time in here. It does not just recognise the deal that has been struck for now on these few areas. It puts right in part hopefully what was a dastardly deed enacted by us. We have done it in good faith and it is in good faith that I close and suggest that there is due recognition given and that these protocols are managed seriously. Kia ora tatou. 
Hon MAURICE WILLIAMSON (Minister for Building and Construction) 
: 
 Ka tangi te titi ka tangi te kaka ka tangi hoki ahau; tihe-i mauri-ora. Te Whare e tu nei tena koe. E te iwi e tu nei tena koutou tena koutou tena koutou katoa Ngati Whatua o Orakei. 
[ 
The sooty shearwater call the native parrot call and I call as well; behold the sneeze of life. The House that stands before me greetings to you. The people who stand before me greetings to you greetings to you and greetings to you all Ngati Whatua o Orakei. 
] 
The Ngati Whatua Orakei Claims Settlement Bill is a step further in a long process for Ngati Whatua o Orakei to see their proper position in Tamaki receive tangible recognition. This bill allows Ngati Whatua o Orakei people to have a turangawaewae that will remain in the people for eternity. The journey to the conclusion of this settlement has been long and arduous dating back as far as 1846. Many current Ngati Whatua o Orakei people and MPs here today will remember the Bastion Point occupation which started in January 1977 but is now more than 35 years ago. Even recent negotiations have taken 13 years to complete. I acknowledge Ruby Hinemoa Gray who was the chairperson of the Ngati Whatua o Orakei Maori Trust Board in 1993 her incredibly wonderful successor Sir Hugh Kawharu and his nephew Cyril Talbot all of whom have passed away while these negotiations have continued. 
Ngati Whatua o Orakei have always worked hard to build and strengthen their relationship with the Crown beginning in 1840 when they welcomed Governor Hobson to Tamaki-makau-rau and made land available for the new capital of Auckland—oh how a number of us wish it was still there. Today we see Ngati Whatua o Orakei again working hard to build and preserve their relationship with the Crown. They have accepted this settlement in good faith and have recognised that full restitution for all their losses is simply not possible. The Ngati Whatua o Orakei settlement has been delayed while overlapping claims were addressed across Tamaki-makau-rau and I wish to acknowledge the patience of the people of Ngati Whatua o Orakei during this time. 
As with Ngati Manuhiri the second reading of the Ngati Whatua o Orakei bill is a significant milestone. It was heartening to read the number of submissions in support of the Ngati Whatua Orakei Claims Settlement Bill and I am really delighted to have done so. The bill was referred to the Maori Affairs Committee on 8 March 2012 and the committee reported it back to the House on 25 July this year. The committee has examined the bill and unanimously supports it. The committee has proposed no major amendments. It recommended it be passed with three technical amendments only. 
I would like to take this opportunity to thank the chair and the members of the Maori Affairs Committee for their excellent work on this bill and for considering it in such a prompt manner. The committee received and considered 99 written submissions on the bill and heard 23 oral submissions at the Orakei Marae on 23 April. 
Nearly all submissions related to the 3.2 hectares of land at Narrow Neck on the North Shore. Many people supported the bill and this settlement but they opposed the inclusion of the land at Narrow Neck. So let me say again that this land is an integral part of this settlement with Ngati Whatua o Orakei. It is not open space and it is currently used by the Defence Force for operational purposes. It is Crown land and will be leased back to the navy for a minimum period of 15 years with an option to extend for up to 150 years. There is very little suitable Crown land in the Tamaki region for settlement and there are 12 other claimant groups negotiating with the Crown in this area. The site has been available for public use only with permission from the Defence Force and will continue to be available for public use under those same exact conditions. I encourage members of the Devonport community who have reservations about the settlement to work towards a positive relationship with Ngati Whatua o Orakei. 
I acknowledge the Ngati Whatua o Orakei people who suffered the many grievances as a result of Crown breaches of the Treaty and I have waited a long time to see those grievances settled. As a member for Auckland I have followed this closely. The second reading is one more step in the settlement process to provide redress for historical breaches and for breaches of the Treaty and we can celebrate it as another milestone achieved for the Crown and the people of Ngati Whatua o Orakei. 
RINO TIRIKATENE (Labour—Te Tai Tonga) 
: 
 Tena koe Mr Speaker. Tena ra koutou e te Whare. Ki a koutou Ngati Whatua o Orakei nau mai hara mai. Hara mai ki raro i te tuanui o tenei o to tatou Whare Paremata. Tena koutou tena koutou huri noa tena tatou katoa. 
[ 
Thank you Mr Speaker. Greetings indeed to you the House. To you collectively Ngati Whatua o Orakei welcome welcome. Welcome under the roof of this our Parliament House. Salutations acknowledgments collectively to you throughout and to us all. 
] 
I am pleased to make a small contribution to the second reading of the Ngati Whatua Orakei Claims Settlement Bill. This has been a really momentous Treaty settlement day that we have had today so I would like to mihi to the Minister for Treaty of Waitangi Negotiations and to all the other contributors who have been speaking to these bills today. 
As Ms Delahunty mentioned earlier on all of this Treaty settlement process goes back to Te Tiriti o Waitangi. I like to go through history but we do know that the Ngati Whatua chiefs signed the Maori text of te Tiriti on 20 March 1840 after which a delegation of chiefs invited Captain Hobson to make his capital at Waitemata which he did in July of that year. In September 1840 the Crown had negotiated 3500 acres of land that is where Auckland Central stands today. The chiefs of Ngati Whatua o Orakei invited Hobson to the isthmus in the hope of benefiting from living in close proximity to Pakeha—so as to benefit through trade and commerce. Over the next 2 years the Crown purchased another 29000 acres for £650 so as to facilitate land for housing of the new town of Auckland. However it was not long before breaches of the Treaty started to appear and the anticipated working in partnership with Pakeha was never realised. Between 1884-85 the Crown gave up its right of pre-emption in order to allow direct dealing of land between the Maori and the settlers and provided regulations to protect the Maori in these transactions. So very soon Ngati Whatua had become virtually landless through lack of Government action and in some cases some very dubious actions on behalf of the Crown. As I said before the expected benefits that Ngati Whatua would attain through their relationship with the Crown and the new town of Auckland never eventuated. This is the same modus operandi as has been covered in some of the earlier bills that have gone through this House and it is regrettable. In 1846 more land was taken to form west Auckland and by 1855 just 15 years after the signing of te Tiriti Ngati Whatua had barely 700 acres left in their estate. But later even those reserve lands were lost. 
I am pleased that we are reporting back on this bill. This bill contains a comprehensive series of acknowledgments by the Crown where the Treaty was breached in the Crown’s dealings with Ngati Whatua o Orakei. The Crown will apologise for acts and omissions that left Ngati Whatua o Orakei landless. That landlessness led to the breakdown of the social cultural economic spiritual and physical structures within Ngati Whatua which left them in poverty. The apology also records that the Crown intends to improve and strengthen its historical close relationship based on Treaty principles with Ngati Whatua so as to lay a solid foundation for the future and I do commend that. 
On the select committee as we have heard we heard a number of submissions at Orakei Marae and they were all in relation to the Narrow Neck property. I will make a few remarks on that. The House will be aware that we heard all those many submissions but it was there when we were listening to those submissions that we saw what is really the ignorance and mean-spiritedness of some elements of Pakeha New Zealand in relation to the Narrow Neck property. Submissions were made as to why Ngati Whatua should not get Narrow Neck back and arguments were put forward by the Devonport residents that they had somehow become an iwi of their own and that somehow the principles of the Treaty should apply to them as well—[ 
Interruption 
] These were from the many submissions that we heard from Devonport. But all of that talk was really a cheek. It was a real cheek to hear. They threw the book at us in terms of every conceivable argument or scenario that they could paint. But it was absolutely regrettable. 
It is regrettable that we got an insight into the window of the attitude held by some Pakeha with regard to the Treaty and to the claims process in general. Some just do not want to see settlements proceed. The Devonport Maori population is significant. It is a significant Maori population when all of the navy ships are in port. When those ships are in port the numbers dramatically rise and we get a town full of Maoris. The navy and the Defence Force in general is a fine employer of Maori—around 22 percent of the navy. I am not too sure if Devonport has a kohanga and kura kaupapa in that leafy seaside suburb but when Ngati Whatua comes into town I hope that is the case. 
 The select committee was under the very capable excellent leadership of Tau Henare very Speaker-like in his control of our committee—very Speaker-like. We considered all these submissions but notwithstanding all of those submissions and all of the concerns that were raised I am very pleased to say that no recommendations were made to amend any of the provisions around the purchase of the land of Narrow Neck and I am very pleased that we held firm as a committee in the face of all of those many many totally off-mark submissions to ensure that this was preserved and can continue through this House. 
So I would just like to mihi to Ngati Whatua o Orakei again. Nga mihi aroha ki a koutou katoa. We are on the home stretch and I am looking forward to ushering this bill through its final stages. I mihi to you all and also to the members of this House. Happy “Treaty Settlement Day”. Kia ora ano tatou. 
DAVID CLENDON (Green) 
:  
Tena koe Mr Speaker. Kei te mihi atu ra ki a koutou ki te mana o Ngati Whatua o Orakei me nga hapu katoa o Ngati Whatua tena koutou katoa. I am pleased to take a call in support of this bill the Ngati Whatua Orakei Claims Settlement Bill which we are debating this morning. I would like to begin by sharing a dream—he moemoea. It is not my dream not my vision but one that certainly does resonate with me. I am sure it will resonate with many people in this House and indeed outside of this House. He moemoea: in the year 2030 5000 descendants of Tuperiri live on the papakainga and contribute to tribal life hosting manuhiri participating in political debate and going to tangi birthdays weddings attending puna kura and wananga working the whenua or taking tourists out for fishing and waka ama on the Waitemata. The papakainga is self-sufficient. We sell electricity back to the national grid. We collect and use rainwater. We produce very little waste as the resource recovery depot allows whanau to trade their compost for worms for their own gardens. Many whanau have built their own whare while others are happy to rent off the tribe. Most of our whenua is regenerating ngahiri on the reserve land and in between buildings. The birdsong is now louder than the traffic on Tamaki Drive. Our elders hold regular wananga for the up and coming kaikorero and leaders. They go en masse to tangi and important hui in Kaipara Tauranga Waikato Rarotonga Tahiti and Hawaii to represent the hapu and maintain our economic and spiritual ties. Many whanau are employed by tribal and whanau businesses. On the papakainga they work in the nursery the whare tukutuku the arts and crafts and taonga centre the cafes and restaurants the ecological research and learning centre all looking out over the Waitemata. 
This vision this dream is expressed in the strategic plan of Ngati Whatua o Orakei their document planning ahead to 2020 and beyond. I think it is a testament to the determination and indeed the courage of the hapu who have come back virtually from the brink over the last few decades and it is an inspiring and empowering dream and a vision. I do commend it to people to read through to get a sense that it is not an idle dream; it is a dream that as we speak is being built on the ground. And the land of course on which it is being built predominantly is whenua rangatira—the land that the dystopian dream of the mid-1970s would have seen carved up subdivided buried under expensive houses for the elite of the Auckland suburbs. Instead of course we have this extraordinary asset both for Ngati Whatua and indeed for all of Auckland. It will be retained and it will build and will become a central hub. It will become one of the hearts of Auckland—one of the centres of it. 
Had that dystopian dream of the 1970s gone ahead it would have effectively completed the alienation of the land that was held by Ngati Whatua historically. It would have effectively removed the last toehold that Ngati Whatua retained through a process of alienation that began in the 1850s and continued right through to the middle of the 20th century. 
 As I said the fulfilment of that dream is under way as we speak. I am one of many here I am sure who has had the privilege of going on to the marae at Orakei and participating in the planting days on the whenua there. It is coming back. I think the planting of the trees is symbolic of the determination not only to restore that land but also to restore the community to restore the mana of the people to create a future for their own people and to see it go ahead. 
My colleague Catherine Delahunty earlier in the day mentioned the importance of naming. I note with pleasure that this bill does include reference to giving Ngati Whatua rights to name some of the places within the settlement. In a broader sense having lived in Auckland up until recently it is becoming much more commonplace now for Aucklanders Maori and non-Maori of all descent to reference Maungakiekie and to talk about Maungawhau and Owairaka. Pakeha names were given to those places over the top of those earlier names which are now being used more commonly and without embarrassment or without in any way being patronising. I think that is indicative of the work that has occurred and the fact that there is a willingness to acknowledge that Ngati Whatua are re-emerging as players as a significant part of Tamaki-makau-rau as indeed they have always been. 
As ever this settlement has not been without its tensions and its disputes. As a former Devonport resident and a person who to this day has a great deal of regard for that suburb that area I acknowledge the concerns—in many cases the heart-felt concerns—of the residents of Devonport who were significantly concerned and disturbed by the small 3.2 hectares of land at Narrow Neck which this bill allows Ngati Whatua to purchase. It is not to be gifted to them. The bill gives them the option to purchase as part of the commercial redress within this. I support that entirely. When the issue broke when it became apparent that there was an issue there it was slightly disturbing because I knew that we had Green Party members and supporters on both sides of that argument. I recall contacting at the time the leadership of our Green branch on the North Shore and asking what their view was on that dispute and I was really pleased and relieved to hear their response. They intended and I believe they did do it to go and stand on that land and sing waiata to acknowledge that it is was and will continue to be Maori land if that is the choice of Ngati Whatua. 
I think that the Maori Affairs Committee captured quite well the future for that small but clearly contested piece of property. In the commentary on the bill the select committee said that it encourages members of the Devonport community to work towards a positive relationship with Ngati Whatua considering that effective communication between affected parties especially as they could be neighbours in the future would improve understanding of differences and avoid mistrust. There is time for that healing to take place. In terms of the leasehold as was referenced earlier the land will be leased back in all likelihood to the navy for at least another 15 years and potentially for a century. There is time. Nothing dramatic is going to happen on that land. Access will not be denied. It is a beautiful place. I used to take students to that area routinely to look at the remnants of Fort Takapuna to talk about the modern history where indeed that whole area at one point was again in danger of being privatised and sold off for housing and the fact that it is a reserve. That it will continue to be open space for the foreseeable future is a good thing and I do hope that people of goodwill will undertake that admittedly difficult work of restoring trust and communication so that there need not be any bitterness about that. 
We know that Ngati Whatua are already significant economic players in the Auckland scene. The settlement under this bill and the return of land and other resource that will accompany it will increase that presence. Ngati Whatua have significant proven ability to affect Auckland socially as well and to better reflect Auckland as a city of the Pacific as a Maori city as a Pasifika city in a Pasifika nation. We look forward with pleasure to seeing this bill proceed swiftly through the House and we will continue to support it. Kia ora. 
Hon TAU HENARE (National) 
: 
 This settlement bill before us the Ngati Whatua Orakei Claims Settlement Bill I think was the most interesting bill that the Maori Affairs Committee has had before it. No one actually came to the hearings who was against the settlement bill save for in relation to one little piece of land over the Shore in Narrow Neck. This created such a furore that I would have thought it was the “Conscription Bill” conscripting young men to go off to war at the age of 18. 
Hon Trevor Mallard 
: What colour were the necks? 
Hon TAU HENARE 
: I would not put a colour on anything. I think putting people in boxes and giving them colours is a bad thing. As our committee normally does we like to go out into the public and hear submissions on the territory of those people who are settling with the Crown. So we went to what I colloquially call Boot Hill—I am from Auckland; I have lived in Auckland all my life—and we got a wonderful welcome. 
Hone Harawira 
: Otara. 
Hon TAU HENARE 
: Otara—“O-town” Mr 274 actually. We got a wonderful welcome from the home folk. It did get out of hand a wee bit and I take responsibility for that as chairperson. Unfortunately there was an issue about somebody being asked to leave because somebody did not agree with somebody else. But what amazed me about the little part of the bill that these people had all come to talk about was the fact that these Maoris may be able to in future purchase a piece of land. They were not given it. It was not a gift. The settlement does not gift this little block of land to the claimants. It says in the bill that they have the right to purchase this piece of land and lo and behold you would have thought that the whole of Devonport had been given back to Ngati Whatua. 
I make light of it and I make fun of it because that is exactly what I think is the seriousness we should put on it. I know there are people on the Shore who think that doing away with that block of land for either commercial purposes or whatever purposes is a bad thing. I hear what they say but I wish people would put it into context. Here is a people for whom only 60-odd years ago the Government came in burned their places down and bulldozed these people off their land—and this was in the heart of Auckland. You see this sort of thing happening overseas. You see this sort of thing happening in the documentaries on Maori Television. That is the only television station that shows good documentaries any more. You see this sort of thing happening elsewhere but 60 years ago these people were forcibly removed from their own territory from their own land and from their own houses. 
If ever there was a bill that I support 1000 percent it is this one. So my message to the people over in Narrow Neck—it is a funny name actually Narrow Neck—is to get in behind the settlement for the whole of Auckland for the whole of the country— 
Hon Trevor Mallard 
: What does Maggie say about this? 
Hon TAU HENARE 
: Maggie Barry? She said some wonderful things about it. 
Scott Simpson 
: A very fine member. 
Hon TAU HENARE 
: She is a very fine member of Parliament and she will hold that seat for quite some time. 
 There is one historical thing that I want to say about Narrow Neck. Back in the First World War when there was conscription and members of Tainui were conscripted to go off to war—to the First World War—those who said no were taken and incarcerated over in Narrow Neck. They were incarcerated not because they did not want to go and fight for their country but because there had been no settlement between the Crown and Tainui. So the bill has a particular significance not only to Ngati Whatua but to the people of Tainui with Tainui and Ngati Whatua having a particular connection. 
I look forward to the Committee stage. I look forward to the third reading where I will certainly expand on my thoughts about the good folk of Devonport the good folk of Narrow Neck and the good folk of Ngati Whatua. 
BRENDAN HORAN (NZ First) 
: 
 I rise on behalf of New Zealand First in support of the Ngati Whatua Orakei Claims Settlement Bill. Tena koutou nga rangatira no Ngati Whatua o Orakei. Nga mihi tonu ki a koutou i runga i te kaupapa nui o te ra. Tena koutou tena koutou tena tatou katoa. 
[ 
Greetings to you the revered from Ngati Whatua o Orakei. I particularly acknowledge you on this great matter of the day. Acknowledgments and commendations to you collectively and to us all. 
] 
I would like to mention some men and women—driving forces—within Ngati Whatua that being Grant Hawke Puawai Rameka Sir Hugh Kawharu Tiwana Tibble and men and women like them who have worked for so long. This has been an intergenerational process shall we say. We have heard much of it discussed today about Narrow Neck over in Devonport. It is interesting how we can have different viewpoints on it because I loved it. I loved it because what we had were people in Devonport who were actually New Zealanders—not necessarily Maori but everybody—developing a connection to the land. That is again what makes us unique as New Zealanders. 
It was great hearing wild accusations flowing and wild opinions because again that is what makes us special as New Zealanders. We can have a different opinion we can voice those opinions and then we can come together and we can solve differences. Through the select committee process where we were there on Orakei Marae—and what a beautiful marae it is too—the submissions we had were I thought magnificent submissions because they were all about people being connected to the land. Through that process we have now pretty much general agreement that Ngati Whatua o Orakei are going to be great landlords. Their generosity is well known. So I think the process was great and I welcome that process.  
Ngati Whatua o Orakei are one of the leading lights in Maoridom in turning their asset base from shall we say humble beginnings to them being now one of the main players and one of the wealthiest iwi. That was through smart planning and careful investment. Their generosity has given rise to the Tamaki collective that was able to be established comprising of 13 mana whenua groups—that deed of settlement was signed a couple of weeks ago—and moving forward the ongoing relationship between the Auckland Council and mana whenua is very very important.  
As I said earlier there is no need for me to go over the history because my colleagues have already mentioned much of that history. But I will say that after speaking with people from Ngati Whatua o Orakei the greatest joy they would say—and it is visible too because you know as I drove up to that Maori Affairs Committee meeting meandering up Kitemoana Street there and then arriving at this most beautiful destination Orakei Marae it was neat to see the young people who were there doing what young people should be doing on a marae helping— 
Hone Harawira 
: Causing trouble. 
BRENDAN HORAN 
: “Causing trouble” says Hone over there. Well we know that you cause lots of trouble up there up north. What was neat has actually been the reclamation of mana through this whole process and it has been heard and captured by the tamariki and mokopuna of Ngati Whatua o Orakei. That is the greatest gift that anybody can receive and that anybody can give because we now have long-term planning and the intergenerational legacy continues and long may it continue. Kia ora. 
JONATHAN YOUNG (National—New Plymouth) 
: 
 E nga reo e nga mana e nga hau e wha tena koutou tena koutou tena koutou katoa. I would like to mihi to the people from Ngati Whatua Orakei. It is a real privilege to stand here today to speak in support of this second reading of your Treaty claims settlement bill the Ngati Whatua Orakei Claims Settlement Bill. Following the previous speaker Brendan Horan I think that I am the newest member of the Maori Affairs Committee and unfortunately I was unable to attend the select committee meetings regarding this bill but I heard that they were very forthright and colourful. 
I think that as Mr Horan has said it is great to see New Zealanders no matter where you come from and no matter what your background being able to participate in the formation of our future together. I think that today this is what we are celebrating here: the formation of our future together recognising and acknowledging the past—the grievance and hurt of the past—and seeking to bring some redress and forward momentum. That is very important for each and every one of us not only here in this House but also in Aotearoa New Zealand. I am not sure whether you know this but when this House is full people from every persuasion and from many nationalities are here representing the people of our nation coming here to speak and to bring their thoughts and contributions to the decisions that affect us in the future. So of course it is so fitting that it is here in this place that these settlement bills are debated presented and supported for that future. 
I would just like to acknowledge somebody who has had some history around all of this and that is Sir Douglas Graham whom I met a number of years ago. I met him only once but I was very impressed with his determination and passion for the Treaty settlement process to advance for the sake of tangata whenua. I want to acknowledge him here today in this House. 
Having heard my colleague David Clendon from the Green Party talking about the future vision of Ngati Whatua o Orakei I think it is great to hear those stories. You are here not just because of the past but because of the future and because of what you see as the possibility and the potential for your tamariki and for your hapu and people where you can go and what this will do to unlock the dreams that you carry and the potential that you see is possible for you. My hope and my prayer is that everything that you see in your heart you will touch with your hands and you will see it come to pass. I want to say that it is great to be here today. Welcome and thank you for being here. Tena koutou tena koutou tena koutou katoa. 
LOUISA WALL (Labour—Manurewa) 
: 
 Kia ora Mr Speaker. Nga mihi ki nga whanau o Ngati Whatua. I want to acknowledge Grant Hawke in his absence also Joe Hawke and I mihi to you Sharon. Actually I mihi to the resilience of Ngati Whatua. It has been interesting. The Minister of Maori Affairs talked about how many hectares you have lost—31565. What I want to note is that 15 years post Treaty settlement you had less than 1 percent of your lands back. The progression to where we are now if we look at the history really did start in 1977 with Bastion Point so I want to mihi to the whanau who were strong enough to stand up to the Crown. From that we got the 1991 Orakei Act. In fact the fight for your rights has begun and has been happening for nearly 40 years. 
What I want to say about the Narrow Neck issue the 3.2 hectares is that it actually represents 0.01 percent of the land that you used to have. I think we have to acknowledge the generosity that Ngati Whatua has for the people of Tamaki-makau-rau—in fact for all of Aotearoa. It is this generosity that we see again and again from our iwi and hapu groups enabling us to settle our Treaty grievances and to move on. I cannot thank you enough actually as a member of Parliament. I want to thank you—[ 
Interruption 
] Yes Parekura has just said thank you on behalf of all of us and I think we should thank you on behalf of the entire House because it is only through your acts of leadership that we as a country will move to a place where we will have full recognition of our indigeneity and of our mana whenua. So I want to mihi to all of you for coming and for enabling us to be a part of your journey. No reira tena koutou katoa. 
Bill read a second time. 
The House adjourned at 12.56 p.m. (Thursday)