Ngati Whatua o Kaipara Claims Settlement Bill — First Reading 
Text is incorporated into the Bound Volume 
Ngati Whatua o Kaipara Claims Settlement Bill — First Reading 
[Sitting date: 19 September 2012. Volume:684;Page:5463. Text is incorporated into the Bound Volume.] 
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