Horomia Parekura: Maori Purposes Bill — Second Reading 
Horomia Parekura: Maori Purposes Bill — Second Reading 
[Volume:636;Page:6885] 
Hon PAREKURA HOROMIA (Minister of Maori Affairs) 
: 
 I move  
That the Maori Purposes Bill be now read a second time 
. The Maori Purposes Bill is an omnibus bill bringing together amendments to several Acts affecting Maori. The bill includes amendments to Te Ture Whenua Maori Act 1993 the Treaty of Waitangi Act 1975 the Maori Fisheries Act 2004 and the Maori Commercial Aquaculture Claims Settlement Act 2004. 
There were 20 submissions on the Maori Purposes Bill and I want to thank all those who put their time and thought into commenting on the bill’s provisions. I would also like to thank the Maori Affairs Committee for its careful scrutiny of the bill. The committee has made some useful suggestions that have improved the bill and clarified some of its provisions. 
Part 1 includes a range of amendments to Te Ture Whenua Maori Act 1993. Significant settlements have been achieved in recent years between the Crown and Maori. These have contributed to an asset base that provides real opportunities for sustainable Maori economic development and for the New Zealand economy as a whole. One of the ways the Government can support this potential is to provide an effective and responsive legal framework and infrastructure. Recent legislation such as the Maori Fisheries Act 2004 the Maori Commercial Aquaculture Claims Settlement Act 2004 and the Foreshore and Seabed Act 2004 has extended the Maori Land Court’s jurisdiction. Part 1 ensures that the Maori Land Court will be able to respond effectively to this new environment. 
The bill increases the statutory cap on the number of permanent judges who can be appointed to the court from eight to 14. This will enable more judges to be appointed if and when they are needed. The bill gives the court more flexibility to balance the workloads of the Chief Judge and the Deputy Chief Judge. This will help the court to deal efficiently with the range of matters referred to it. The Chief Judge will have the express ability to delegate some or all of these functions to the Deputy Chief Judge. The Deputy Chief Judge is also given the ability to exercise the special powers of correction set out in sections 44 to 49 of Te Ture Whenua Maori Act 1993 subject to the direction of the Chief Judge. 
Part 1 also validates certain judicial decisions. The Chief Judge’s special powers of correction have for many years been delegated to the Deputy Chief Judge. Concerns have arisen that this may not have been valid under the Act’s current provisions. In addition in November 2000 a former acting judge sat beyond the term of his temporary warrant. The bill validates those judicial actions to provide certainty and minimise disruption to the parties affected. Those individuals and whanau will have acted on the decisions in good faith. In all cases the actions concerned were taken by highly experienced judges. 
The bill also clarifies the powers of the Maori Land Court to hear and determine disputes referred under the Maori Fisheries Act 2004 and the Maori Commercial Aquaculture Claims Settlement Act 2004. The effect of the changes in Part 1 will be to help to ensure that Maori asset owners continue to have an effective forum and processes for dispute resolution. 
Part 2 amends the Treaty of Waitangi Act 1975. The main change is to introduce the statutory closing date of 1 September 2008 for submitting new historical claims to the Waitangi Tribunal. Many of the 20 submissions made to the Maori Affairs Committee were about Part 2. This reflects the importance of the Treaty of Waitangi to Maori and all New Zealanders. One of the Labour Party’s election pledges was to introduce a closing date of 1 September 2008 for all historical Treaty claims. This bill delivers on that undertaking. 
Since the announcement of the policy in 2005 there has been a great deal of discussion about what a closing date will mean. The date will help to provide greater certainty about the number of historical claims that have yet to be inquired into by the tribunal. I look forward to greater emphasis on the settlement of claims and on the future that can be built on these settlements. We have seen many examples already of iwi using their settlement assets to invest in their children. Iwi are also rebuilding their governance structures and taking part in a whole range of commercial ventures. 
Claimants will not have to complete all their research or finalise all aspects of their claim by 1 September 2008. As long as a claim is submitted on or before that date it can be amended later. The Government intends to provide information to make Maori aware of the closing date for the submission of historical claims. 
 Contemporary claims will still be able to be submitted to the Waitangi Tribunal after 1 September 2008. Contemporary claims relate to events occurring after 21 September 1992. This date of 21 September 1992 is when the Cabinet of the day agreed to principles for settling historical Treaty claims. It has been used to define the difference between historical and contemporary claims in all Treaty settlements of the past 14 years. 
A closing date for the submission of historical claims will provide greater clarity about the historical claims yet to be addressed. This bill will help to move us forward so that Maori and all of New Zealand can enjoy the benefits of settlement. 
Part 3 makes a number of technical amendments to the Maori Fisheries Act 2004. These address some oversights in the original legislation in its interaction with the Fisheries Act 1996. The bill amends the list of quota shares held by Te Ohu Kai Moana Trustee Ltd to reflect changes that have already occurred as a result of the exercise of preferential allocation rights under section 23 of the Fisheries Act 1996. Section 23 triggers the redemption of preferential allocation rights when a total allowable catch limit is raised for certain stocks. The bill clarifies the proper course of action for Te Ohu Kai Moana Trustee Ltd to follow in allocating quota shares affected by these redemptions. 
Part 3 also corrects an oversight in drafting that omitted to provide a complete process for allocation of harbour quota in accordance with the agreed allocation model. As a result of consideration by the Maori Affairs Committee it has recommended that three additional matters be dealt with in the bill. Further amendments to the Maori Fisheries Act 2004 have been added to the bill to correct an error in the classification of red crab stocks and to allow for the effects of changes to quota management areas on the quota shares held by Te Ohu Kai Moana Trustee Ltd. A provision has also been added to validate the actions of Te Ohu Kai Moana Trustee Ltd in allocating quota based on its actual holdings rather than those holdings currently listed in schedule 1 to the Act during the period until this bill is passed into law. These amendments will assist in the transfer of fisheries settlement assets to iwi in a timely manner. Consistent with the original intentions of the legislation they will reduce the risk of costly disputes. 
Part 4 makes a technical amendment to the Maori Commercial Aquaculture Claims Settlement Act 2004. It corrects an error in the current wording of the definition of pre-commencement space in the Act in a way that is consistent with the understanding of the stakeholders at the time. This does not affect the Government’s commitment to provide the equivalent of 20 percent of aquaculture space that was promised to iwi under the fisheries deed of settlement. 
In conclusion the Maori Purposes Bill is practical legislation that makes amendments to legislation affecting Maori and their assets. The amendments in the bill will help the Maori Land Court to function efficiently promote greater certainty and a forward focus in the settlement process and help to ensure that the distribution of fisheries and aquaculture settlement assets to iwi is able to proceed smoothly. Maori are fast becoming increasingly important contributors to the New Zealand economy. With Maori managing and leading the growth of their assets and people the benefits will be felt not only by Maori but by New Zealand as a whole.