Ngati Manuhiri Claims Settlement Bill Ngati Whatua Orakei Claims Settlement Bill — Procedure First Readings 
Text is incorporated into the Bound Volume 
Ngati Manuhiri Claims Settlement Bill Ngati Whatua Orakei Claims Settlement Bill — Procedure First Readings 
[Volume:678;Page:1029] 
Ngati Manuhiri Claims Settlement Bill 
Ngati Whatua Orakei Claims Settlement Bill 
Procedure 
LOUISE UPSTON (Junior Whip—National) 
: 
 I seek leave for the first speaker from each party to speak on the cognate bills for up to 15 minutes with a warning bell at 10. 
Mr DEPUTY SPEAKER 
: Leave is sought for that purpose. Is there anyone opposed to that course of action? It appears not. Leave is granted. 
First Readings 
Hon TARIANA TURIA (Minister for Whanau Ora) 
on behalf of the Minister for Treaty of Waitangi Negotiations: I move  
That the Ngati Manuhiri Claims Settlement Bill and the Ngati Whatua Orakei Claims Settlement Bill be now read a first time 
.  
E nga uri o Tuperiri e nga kanohi maha o Taou o Ngaoho o Te Uringutu e Ngati Whatua o Orakei whanui nau mai ki roto o Paremata. Ki a koutou nga w’aka’eke o Makinui raua ko Rotu no raro i te maru o Tamahunga no nga pari o Te Moana-o-Toi Ngati Manuhiri hau mai hau mai hau mai ra. E aku rau rangatira ma tena koutou. 
[ 
To you the relatives of Tuperiri and the many faces of Taou Ngaoho and Te Uringutu as well as the vast number of you Ngati Whatua of Orakei welcome to Parliament. To the descendants of Makinui and Rotu from beneath the shelter of Tamahunga and the cliffs of the Ocean of Toi Ngati Manuhiri enter enter and enter indeed. Acknowledgments to you my leaders of a hundredfold. 
]  
At the appropriate time I intend to move that the bills be considered by the Maori Affairs Committee. Firstly I would like to extend a very warm welcome to the representatives of Ngati Whatua Orakei and Ngati Manuhiri who are here today for this highly significant occasion. Nga mihi nui ki a koutou. This is an important day for Ngati Manuhiri and Ngati Whatua Orakei when we acknowledge their historical Treaty grievances. It is a time to grieve and reflect to acknowledge the harm done and the hurt endured and to take a step forward to create a new future that is branded with optimism.  
The two bills having their first readings here today are a monumental step towards the completion of a journey that has taken many years for both iwi. They are about mending a broken relationship and agreeing to a better future for all. One of the unique features of the Ngati Whatua deed of settlement is that its historical account begins with the two texts of Te Tiriti o Waitangi the Treaty of Waitangi. It was actually at the specific request of the late Sir Hugh Kawharu and was part of the 2006 agreement in principle. It is a very important statement of the reverence that Ngati Whatua have always accorded the Treaty. The imprint of the late Sir Hugh Kawharu is marked for ever as we remember the substantial contribution he made towards guiding the nation towards a reasoned discussion on past injustices and hopes for the future.  
It used to be said of the Treaty that while Maori never forgot non-Maori never knew. The settlements we introduce today provide us all with a new opportunity to re-examine our colonial history and to move onwards with mutual respect and understanding. Although it is not possible to provide full restitution to Ngati Manuhiri and Ngati Whatua Orakei for their losses the settlement redress provided for in these bills seeks to recognise the seriousness of their grievances and build a positive foundation for future generations of their iwi. It is impossible to do justice to the journey that has been travelled by Ngati Manuhiri and Ngati Whatua Orakei in the limited time constraints of the debate. Whether through a historical cultural or geographic lens the extent of both settlements is immense.  
Ngati Manuhiri are based in the Mahurangi region on the east coast to the north of Auckland. Ngati Manuhiri were represented in negotiations by the Manuhiri Omaha Kaitiakitanga Ora Trust and are part of the Te Kawerau people through their descent from their ancestor Maki. They are also closely affiliated to Ngati Wai of Whangarei and are also represented on the Ngati Wai Trust Board the iwi of the Rt Hon Winston Peters.  
The Ngati Manuhiri rohe extends from Whangaparaoa Peninsula in the south to Bream Tail in the north and includes Te Hauturu-o-Toi Little Barrier Island off the east coast. The Ngati Manuhiri Claims Settlement Bill recognises their historical grievances and provides for their resolution. These grievances relate to the 1841 Crown purchase of the large Mahurangi and Omaha Block without the knowledge or consent of Ngati Manuhiri to the punishment of their chief by pressuring him to cede his ancestral interests in his lands to the operation of the Native Land Court from 1865 to the Crown’s misuse of monopoly powers when purchasing Te Hauturu-o-Toi Little Barrier Island and to the subsequent eviction of those Ngati Manuhiri who were resident there and the Crown’s failure to ensure that they retained sufficient means such that they were rendered virtually landless by 1900. This had a long-term social and economic consequence for Ngati Manuhiri.  
They lodged their first claim with the Waitangi Tribunal in 1989. Other claims were then lodged particularly in regard to the Crown’s acquisition at Te Hauturu-o-Toi Little Barrier Island. In 2001 Ngati Manuhiri participated in the Waitangi Tribunal’s Kaipara inquiry over the Crown’s purchase of the MangawhaiBlock. Eight years later in 2009 they entered into negotiations with the Crown as part of the Crown’s settlement initiative in Tamaki-makau-rau. Ngati Manuhiri and the Crown then signed a deed of settlement on 21 May 2011.  
I turn now to the settlement for Ngati Whatua Orakei represented in negotiations by Ngati Whatua o Orakei Maori Trust Board. They are part of the wider Ngati Whatua confederation and are based at Tamaki-makau-rau or Auckland. Their marae of Orakei stands overlooking the Waitemata Harbour. They are also a member of Nga Mana Whenua o Tamaki-makau-rau whose collective negotiations are nearing completion. Ngati Whatua Orakei are also represented with other groups on Te Runanga o Ngati Whatua. The primary area of interest or rohe of Ngati Whatua Orakei extends through the Tamaki isthmus on the North Shore and into the upper Waitemata Harbour and west Auckland.  
Their bill recognises and addresses their historical grievances which include the alienation of lands in the centre of Auckland and the North Shore through Crown purchases without the provision of an adequate endowment of land for the future use of Ngati Whatua Orakei; the Crown’s failure to protect pa and urupa sites from those transactions including One Tree Hill Maungakiekie; the Crown’s failure to implement protective guarantees for Maori during the pre-emption waiver period of 1844 to 1845 which involved a significant amount of Ngati Whatua lands; and the Crown’s taking of surplus lands from disallowed pre-emption waiver purchases.  
Ngati Whatua Orakei often describe themselves as a loyal iwi. After they signed the Treaty of Waitangi on 20 March 1840 their chiefs worked hard to build and strengthen their relationship with the Crown. They welcomed Governor Hobson to Tamaki-makau-rau and made land available for the new capital of Auckland. Yet despite the overwhelming expression of manaakitanga Ngati Whatua Orakei were rendered virtually landless in the two decades that followed the signing of the Treaty. In this the Crown failed them.  
The road to settlement has been a long one. Few here today will ever forget the impact of the occupation of Takaparawhau. Ngati Whatua led the nationally significant occupation and protest at Bastion Point for 506 days between 1977 and 1978. Their claim over the alienation of the 700-acre Orakei Block reserve was one of the first of the historical claims to be heard by the Waitangi Tribunal. It was reported on in 1987 and the 1991 Orakei Act settled it. Then in 1993 Ngati Whatua Orakei reached an on-account settlement with the Crown regarding their claims in respect of surplus railway lands in the Auckland region. 
 Further negotiations with the Crown took place between 2003 and 2006 when an agreement in principle was signed. Negotiations were then suspended in light of the Waitangi Tribunal’s 2007 Tamaki-makau-rau settlement process report. As a result of that report and the impressive leadership of Ngati Whatua Orakei a new approach was taken to negotiation in the region. Ngati Whatua Orakei signed a deed of settlement with the Crown on 5 November 2011. 
Both bills will give effect to the undertakings by the Crown in the Ngati Whatua Orakei and the Ngati Manuhiri deeds of settlement. I consider that the bills should therefore proceed without delay to the Maori Affairs Committee. I commend these bills to the House. 
Hon SHANE JONES (Labour) 
: 
 I te tuatahi me tuku i roto i to tatou reo Maori he mihi ki nga huanga mai i nga iwi kua tatu ki Te Upoko-o-te-Ika kua uru mai ki roto i te Ana o te Raiona. Na reira e oku matua e nga tuahine e nga whaea koutou katoa kua tatu mai nei tena koutou tena koutou tena tatou katoa.  
[ 
First of all an acknowledgment in our Maori language to relatives in the tribes that have arrived here in Wellington into the “lions’ den”. So salutations to all of you my parents sisters and aunties I acknowledge you all 
.] 
We naturally have no hesitation in supporting the work of the Minister for Treaty of Waitangi Negotiations and the negotiators in this very protracted claim—firstly the Ngati Whatua. Secondly a number of us know of the history of the tupuna Rahui Te Ki and Ngati Manuhiri—otherwise claimed by Ngati Wai but that is another matter—occasionally led by that great kauri tree Laly Haddon who when he is in a good mood is a very friendly individual. So I must acknowledge the people of what we called when I was a lad at St Stephen’s School Takaparawhau—the people who were up at what was popularly referred to in Auckland as Bastion Point. In that time along with my grandmother boys from St Stephen’s School were welcomed by a kuia called Nanny Hopi on to that marae which saw a great deal of anguish and indeed saw blood. But today we gather here as proxies for the New Zealand public and offer our support to the Minister and those who have worked with him to bring the Ngati Manuhiri Claims Settlement Bill and the Ngati Whatua Orakei Settlement Bill to a stage where if there are further matters to be considered then we can rely upon the processes of the legislature—figuratively speaking the highest court in the land. 
When you struggle with how the identity of the original inhabitants ought to be embedded into civic life commercial life or indeed the community life of our largest city it is not often understood by the civic leaders and community leaders and it is certainly not understood by commercial leaders that the tangata whenua the Maori occupying the wider Tamaki-makau-rau area are not a monolithic group. But beyond doubt the people who comprise the populations of the three hapu Te Taou Nga Oho and Te Uringatu are the descendants of Apihai Te Kawau and others the tupuna who were at Waitemata when the Pakeha originally arrived with the designs of colonisation. Te Taou has a special connection for me from Muriwhenua because it is a name that originated in the extreme far north around the  
Kurahaupo 
 waka area.  
So our focus is not on the finicky detail. We know that there is a source of tension in some of the properties being offered back by dint of this legislation but let us say in this House that this is a Treaty settlement between the Crown and the leaders of the hapu or iwi and there is always scope for dealing with community concerns and community issues as the settlement is fully implemented. If anyone knows about that it is us on the Maori side of the House but on these issues there ought not to be a Maori side or a Pakeha side. We actually want to see these issues dealt with expeditiously and to see people get on with their lives go home and expend energy on doing what is far more challenging—making $15 million $18 million or $20 million and making the land into something that is a lot larger and turning it into a legacy for uri whakatupu future generations.  
A number of us also remember the railways settlements when I talk about Ngati Whatua and the original Waitangi Tribunal claim hearings in the time when Monita Delamere Bishop Bennett Ned Nathan Mira Szaszy and others played a key role working with either the tribunal or members of the tribunal. So I want to mention the name of that particular individual Mr Ned Nathan. Not only was he a fearless warrior of the Maori Batallion but he was a stalwart for the people of the north and I recall him taking a group of us to the marae at Ngati Whatua and those areas when the Waitangi Tribunal in those rather lonely days was dealing with those issues and indeed Koro Wetere was the Minister. So these people have waited a long time.  
Just to reiterate what Tariana Turia said about Ngati Manuhiri they are near an area known as Omaha unfortunately more popular these days because the Prime Minister has got a bach there twice the size of Hone Harawira’s house but that is another matter. It is always difficult when you are leading a hapu in an area where your land has basically been stripped from you and you get the fringe development around the coast because the coast is so beautiful and there is always a balance as to how you establish and maintain a Maori presence there when the land is so expensive the rates are so demanding and your neighbours are people who by dint of either good luck or other designs have amassed wealth and they choose to spend that wealth and create considerable homes up there. So we commend this legislation and we offer our mihi and affection to the people who arrived here to see it move forward and we offer our support to the Minister. Kia ora tatou. 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 I want to thank the previous speaker Shane Jones for his very generous comments. I really must say that in this exercise I really do appreciate talking both to Shane Jones and to Parekura Horomia. They are great people to discuss these issues with because they are bipartisan issues; they are important issues that the Parliament has to get right.  
I want to welcome those members of Ngati Whatua Orakei and Ngati Manuhiri who have travelled to Parliament for this debate. You may wonder why I was not in the Chamber when Mrs Turia was speaking. It is because I am responsible for the legislation and if I was here things would go wrong so I wanted Mrs Turia to speak. I had to go out and sit in the lobby but I promise you I listened as I always do to every word she said.  
Iwi leaders have to make difficult trade-offs and so I really do appreciate your being here today and I salute your courage and your personal commitment to these settlements. I really want to acknowledge the negotiation teams of both Ngati Manuhiri and Ngati Whatua Orakei who with their dedication their pragmatism and hard work have made these settlements possible. I join with Mrs Turia and Mr Jones in paying tribute to the efforts and struggles of past generations of Ngati Manuhiri and Ngati Whatua Orakei who have sought justice from the Crown and who have contributed to these settlements contained within these bills.  
For Ngati Manuhiri I acknowledge the presence here tonight of Laly Haddon who has pursued the grievances of Ngati Manuhiri against the Crown for over 20 years. It is largely as a result of his leadership that Ngati Manuhiri have reached this settlement. I also pay tribute to Mook Hohneck whose pragmatic and positive engagement with the Crown contributed to what has been as matters go a very speedy negotiation from the time we signed the agreement in principle shortly before Christmas at what I think is now called the Pullman. We managed to have a very rushed meeting and sign that agreement in principle before I think I headed off overseas.  
Sadly Sir Hugh Kawharu of Ngati Whatua Orakei is no longer with us. He was a great New Zealander. He was a scholar and negotiator of very high calibre who led Ngati Whatua Orakei negotiations with the Crown until his death in 2006. From then Grant Hawke has ably taken the helm and in addition to Mr Hawke’s leadership I acknowledge Puawai Rameka Tiwana Tibble Graeme Horsley Don Wackrow—you always have to mention the lawyer—and David Williams. Together they formed a formidable and highly professional negotiations team. I have to tell you now that there were a number of occasions when the Minister of Finance told me to toughen up and deal with them more firmly. Can I acknowledge the role of Sir Douglas Graham. His wisdom and foresight in developing a proposal that laid the foundation for negotiations in the wider Tamaki region has been absolutely critical to the success of both these settlements.  
Today we address the historical grievances of these iwi so that we can all move forward together and develop new relationships based on mutual trust and cooperation. I think that both settlements are going to pave the way for these future relationships and I am very positive about them.  
I do not wish to repeat the matters that Mrs Turia covered in her speech so I want to say something mainly about the redress components of these settlements. First Ngati Whatua Orakei. In November last year at a ceremony at Okahu Bay the people of Ngati Whatua Orakei signed a deed of settlement with the Crown and the bill gives effect to the undertakings by the Crown in the Orakei deed of settlement. It sets out the cultural and historical redress including Crown acknowledgments the apology the historical account a statutory acknowledgment over Crown land held for defence purposes at Kauri Point and Crown land vested for control and management in the Auckland Council at Kauri Point on the North Shore. It contains protocols issued by the Minister for Arts Culture and Heritage the Minister of Conservation and the Minister for Economic Development and a letter of recognition from the Minister of Primary Industries regarding participation in and input into the fisheries planning processes and for Ngati Whatua Orakei to become an advisory committee in relation to fishery resources within their primary area of interest.  
The settlement includes commercial redress comprising a quantum of $18 million plus interest less an on-account payment for $2 million received—as Mr Jones said—through the railways settlement in 1993. There is the purchase from the New Zealand Defence Force of the Whakakura block. There is the purchase and lease-back to the New Zealand Defence Force of 5 years of five housing blocks—Beresford Birchfield Hillary Marsden and Plymouth. Redress for Ngati Whatua Orakei over the volcanic cones on the isthmus and islands in the gulf will be provided through the Tamaki collective settlement which as Mrs Turia said is getting very close to being finalised.  
The Ngati Manuhiri Claims Settlement Bill will give effect to the undertakings by the Crown in the Ngati Manuhiri deed of settlement signed at their marae on a beautiful day 21 May 2011. The settlement includes cultural and historical redress. There are the Crown acknowledgments the apology and an account. There is the vesting and gifting back minus 1.2 hectares of Te Hauturu-o-Toi which is a nature reserve and place of enormous significance to Ngati Manuhiri. There is the co-approval by Ngati Manuhiri trustees together with the conservation board of a management plan for the island. There are the provisions for the trustees of the Ngati Manuhiri post-settlement governance entity and the Department of Conservation to approve the removal of stones from the island for cultural purposes and to Nga Whenua Rahui providing for enhanced input into management of specific Department of Conservation - held sites.  
The commercial redress includes a financial redress to the value of $9 million plus interest less an on-account payment of $350000 paid on 22 December 2011; purchase of the Warkworth District Court and Pakiri School which will be leased back to the Crown; and the transfer of South Mangawhai Crown forest licensed land which is subject to the current forest licence and accumulated rentals.  
So the introduction of these bills signals the final stage of the work these great people have done in relation to their iwi. Ngati Whatua Orakei have campaigned for justice for a very very long time and living as they do in the heart of Auckland have had their settlement under considerable public scrutiny which will continue and we can deal with that. Ngati Manuhiri have been less in the public gaze but when the opportunity for negotiation arose were very quick to seek a resolution of their equally longstanding grievances. Both iwi have waited a long time for this day and I believe should be very proud of what they have achieved. So with those words I salute these iwi their leaders and their negotiators and hope that the bill will receive a very rapid process through the Maori Affairs Committee which as I said in an earlier debate I am sure it will because of the outstanding chairmanship and leadership provided by the newly wed Mr Tau Henare. 
LOUISA WALL (Labour—Manurewa) 
: 
 E nga mana e nga reo rangatira ma nga uri o Ngati Whatua me Ngati Manuhiri tena koutou tena koutou tena tatou katoa.  
[ 
To the powers languages leaders and descendants of Ngati Whatua and Ngati Manuhiri greetings greetings and greetings to us all. 
] 
It is my pleasure to stand as a member of the Maori Affairs Committee and as the member of Parliament for Manurewa in this first reading of the Ngati Manuhiri Claims Settlement Bill and the Ngati Whatua Orakei Claims Settlement Bill. I want to acknowledge Jo and Grant and the whanau who have travelled here tonight to share in this process of reconciliation which I think is a very important process as our country moves forward.  
I would firstly like to focus on the whanau from Ngati Manuhiri and I want to talk a bit about the whakapapa. Ngati Manuhiri are the descendents of the tupuna Manuhiri the eldest son of Maki and as such are affiliated to the broader Te Kawerau confederation. I want to acknowledge that Ngati Manuhiri also has close whakapapa connections with Ngati Wai and it is through these connections that Ngati Manuhiri have been represented on the Ngati Wai Trust Board for the last 70 years. So today the Ngati Manuhiri community affiliates to Omaha Marae at Pakiri.  
The first Ngati Manuhiri claim to the Waitangi Tribunal Wai 122 was lodged by Laly Paraone Haddon and Hawe Brown on 24 October 1989. It was subsequently withdrawn. Four further claims Wai 244 Wai 532 Wai 1539 and Wai 1811 were lodged by members of Ngati Manuhiri regarding historical grievances relating to Ngati Manuhiri generally and three additional claims Wai 280 Wai 487 and Wai 567 were lodged that relate specifically to the alienation of Hauturu—Little Barrier Island. This settlement addresses all those Wai claims.  
This bill gives effect to the deed of settlement entered into by the Crown and Ngati Manuhiri on 21 May 2011 for the final settlement of the historical claims of Ngati Manuhiri. These interests will be governed by the Ngati Manuhiri Settlement Trust.  
I had a look on the web and was very interested to note that on 1 December 2011 a man by the name of Laly Haddon was returned as a trustee so I want to congratulate him on being returned as a trustee. Obviously you were there at the beginning you are there now and you will be there into the future as the fruition of this settlement happens.  
Ngati Whatua Orakei are a collective group composed of individuals who descend from the ancestor Tuperiri and are members of one or more hapu of Nga Oho Te Uringatu and Te Taou—apologies for my pronunciation my Tuwharetoa in Waikato pronunciation. They exercised customary rights predominantly in relation to the primary area of interest of Ngati Whatua Orakei.  
There was an agreement in principle in 2006 and I want to acknowledge that for 6 long years the mana whenua the iwi of Tamaki-makau-rau have worked together. So yes there has been a collaboration between the Crown and Maori but actually there has been a greater collaboration between the mana whenua groups across Tamaki-makau-rau and I want to acknowledge the work that we have done as a people to move this process forward. It has taken 6 long years of collaboration but this is the beginning of that collective process so I want to acknowledge all the work all the blood sweat and tears that I know has gone into creating the settlement that is before us today.  
In conclusion this is the second series of Treaty settlement bills that have been before the House this year and as you can see it is an area where we have cross-party support. It is not bipartisan; actually it is all of this House all members of Parliament and all parties within Aotearoa who want to see the resolution of historical Treaty grievances. It is an acknowledgment that our tangata whenua our indigenous peoples have been adversely affected by colonisation. So this is all of the House working together to make sure that we give resources back to iwi groups so that as Shane said you can move forward and start focusing on the future and on how we can create legacies for our children.  
I do want to highlight words spoken by the Hon Christopher Finlayson the Minister for Treaty of Waitangi Negotiations on 16 February 2012 during the first reading of the first series of Treaty settlement bills. He said: “iwi have offered to forgo full compensation in order to contribute to the future development of New Zealand”. He also thanked them—thanked you—for your generosity in reaching settlement. We can never give you back what was taken but what we want to do is give you back land some resources hopefully some contracts and hopefully what you need to grow a base to support your members.  
What I do want to say is that in that process of generosity that iwi have exhibited I hope that ethic of generosity extends to all New Zealanders and that we do not have any issues from other groups wanting to contest the settlements that you have reached.  
I look forward to my participation in this Treaty process as a member of the Maori Affairs Committee and I thank you very much for making the effort to come down to Wellington out of your rohe and I wish you safe travels. Kia kaha kia toa kia manawanui. Kia ora.  
METIRIA TUREI (Co-Leader—Green) 
: 
 I am very pleased to speak on behalf of the Green Party to these two bills the Ngati Manuhiri Claims Settlement Bill and the Ngati Whatua Orakei Claims Settlement Bill. Tena koutou katoa. It is very nice to have the claimants here in the Chamber with us for this first reading and no doubt I am looking forward to speaking with them in more detail during the Maori Affairs Committee consideration when we will hear more of the stories of the history of the claims and the hard work of those who have been working to bring them to this point.  
Addressing firstly the Ngati Whatua claim the Green Party will be supporting this legislation. I have spent quite a lot of time meeting with Ngati Whatua over these issues and other ones that pertain to them—for example over Auckland governance and some of the other difficulties that iwi Maori in the Tamaki-makau-rau region have been suffering over recent years. I know that a huge amount of work has gone into this settlement. My colleague Dave Clendon will speak later on the detail of the Ngati Whatua claim but we are very pleased to be able to support this claim. 
The principles behind how the Green Party approaches Treaty settlements are that we believe that the Crown and its representatives have breached and continue to breach including within the settlement process Te Tiriti o Waitangi. We agree that there must be resolution of and restitution for all outstanding historical and contemporary breaches as they occur. We believe that Te Tiriti o Waitangi supports haputanga and that haputanga is undermined by the Treaty settlement process and its focus on large natural groupings which tends to undermine the particular claims or the particular issues suffered by hapu over the period of colonisation as it occurs. We also believe that Te Tiriti o Waitangi is a positive force for social cohesion and peace in this country and despite the occasional strange article by people with opinions and not much knowledge the fact is that the Treaty has in many ways brought Aotearoa together. Whether it has been from whanau to whanau whether it is in the retention of land and forestry in New Zealand lands the Treaty has been a force for good in this country and can continue to be so. 
But the full capacity of te Tiriti to be used as this force for social good for social cohesion and to bring our communities and whanau together cannot be reached until there is genuine restitution for the wrongs that were committed by the State against hapu. That requires the restitution of rangatiratanga it requires the restoration of decision making and it requires respect for the process by which iwi and hapu organise themselves and make decisions themselves. The difficulty we have with the Treaty settlement process and have always had with it is that it is not designed by Maori or for Maori. It is not designed according to the rangatiratanga of iwi and hapu. It is designed according to the needs of the Crown to find a cheap way and quick way of addressing issues that the broader constituency might want addressed but which still in the process causes further harm. The large natural groupings policy is one of those ways that continual harm is done to iwi and hapu. 
The “picking winners” process that the settlement essentially creates is another way in which harm continues to be caused against iwi and hapu and continual breaches are made because iwi and hapu with legitimate claims and real concerns and who have been injured by the actions of the State are left out of the process because the process is not designed to meet their needs. 
The Greens in the past have tended to support Treaty settlements because we know that often many decades of work have gone into bringing them to this point of legislation and we know how many hours have gone into managing the claims process how much work is involved in working with the communities and how much effort has gone into working with the Office of Treaty Settlements and the Minister for Treaty of Waitangi Negotiations to try to get some reasonably just process and restitution although that is very rare to see. And we know that lives are lost in the process from when the first claims are made to the Waitangi Tribunal hearings to the ignoring of those reports by the Crown to the negotiations that often trap iwi into fait accompli deals that they simply under duress of poverty have no choice but to accept. That is how the majority of Treaty settlement claims are dealt with by the State.  
We have to take this very seriously. This is not about rubber-stamping this process because it is not a just process and it does not provide just restitution. So the Green Party takes very seriously that we are decision makers over the supposed full and final settlements. We do not believe they are full and final; we think they are deals done today according to today’s constraints and that the issues will be revisited. 
That does bring me to the Ngati Manuhiri claim. On this settlement the Green Party has agreed to abstain in the first reading which for us is a big step because we have generally supported all claims. But we are abstaining today on this claim because we think that the issues that have excluded Ngati Wai from the proper process around their claim over Te Hauturu-o-Toi are so serious—are so serious by the Crown—that we are simply not prepared to support it at this stage and say that it is OK. We do not think that this settlement bill is OK so we will be abstaining on our vote for it and we look forward to hearing from the claimants from Ngati Manuhiri and from Ngati Wai and from all of those others who were involved at the select committee so that we get a fuller picture of what is going on for all these hapu all these iwi in this claim.  
 To that extent it is important then to put on the record as we have earlier today the issues around Te Hauturu-o-Toi particularly for Ngati Wai because they are the ones who are not being represented in this Chamber in this debate. Ngati Wai as I understand claim Hauturu as a significant taonga for them. They were also resident on Hauturu and they were also forcibly evicted from that island. My understanding is that the Ngati Wai Trust Board does not support the inclusion of Hauturu in this settlement or at least it is in dispute because the whole Ngati Wai claim needs to be dealt with rather than just this one part. 
The deed of settlement we are discussing today offers three major parts to the redress of Hauturu which I think is worthwhile noting because it is reasonably odd. Hauturu is to be returned to Ngati Manuhiri for 7 days in fee simple title—for 7 days—and then it is to be returned into Crown ownership and Crown management but for a small portion of 1.2 hectares set aside for ongoing lease by Ngati Manuhiri. There is then the next stage of co-governance if you like over the environmental and other issues around the island between Ngati Manuhiri and the Crown. I think this raises real concerns. The Crown is saying to Ngati Wai that it can deal with Ngati Wai’s need for redress over Hauturu at a later stage. It does ask the question of whether we will see more often that land is given back and then taken away again perhaps to be used to give to somebody else at some later stage and then taken away again perhaps given to another iwi and taken away again. It is very hard to have any confidence that this process is just for the people who have been stripped of this land who have lost this land through theft and unlawful actions by the State and that there is any real just process if this is the kind of restitution or redress that is being sought. 
I can see that the Minister has got a grumpy look on his face and he disagrees with me. That is not unexpected and there will no doubt be some more of that. The Green Party takes this seriously. If we are to now endorse a settlement that takes away the rights of some iwi and hapu and that returns only a very small portion of what was lost to others then we simply cannot rubber-stamp it. There has to be a real consideration of the issues. Not for one minute do we disrespect the process for the iwi and the hapu but we do take this very seriously. We look forward to hearing from all of those involved during the select committee process. Thank you. 
BRENDAN HORAN (NZ First) 
: 
 I rise on behalf of New Zealand First and like the members before me warmly welcome representatives of all iwi represented here tonight. Each of you represents the many thousands who cannot be here but would be if they could be—and here you are not alone. Ka mihi e nga iwi kei konei i tenei po. Ka mihi ki nga tini aitua kei a tatou whanaunga ma. Tena koutou tena koutou tena tatou katoa. 
[ 
I acknowledge you the tribes who are here this evening and the many deaths that are upon us all relatives. Acknowledgments to you collectively and to us all greetings 
.] 
New Zealand First acknowledges the arduous journey that iwi have taken to reach this point that has finally brought us together. New Zealand First supports the settlement of injustice and grievance. I would like to express our concern however at the hastiness of this latter part of the process. Dumping bills together and rushing them through in the dead of night is not the pathway to illumination. The settlement of these historic grievances is far too important and needs to be open and transparent.  
To Ngati Manuhiri New Zealand First’s sentiments unlike the Greens’ echo those of the honourable member for Labour Shane Jones. And the leader of New Zealand First Winston Peters who is Ngati Wai also supports your claim. No mua ka kite a muri. The things behind us enable us to see the things in front of us. In darkness there is confusion and the last thing we want to be party to is swapping one grievance with another because of some New Zealanders simply being unaware of what has truly gone on. The real enemy is ignorance.  
With that in mind I draw your attention to Part 3 of the Ngati Whatua Orakei Claims Settlement Bill and clauses 54 and 55. There is an interesting conundrum. How do we balance community and commerce? Our support for this bill going to the Maori Affairs Committee is robust because select committees are the place where the diverse opinions are expressed. This land in clauses 54 and 55 given its reserve status ought not be trivialised. However of equal importance are the historic claims of indigenous people who ought not be marginalised—and there lies the conundrum.  
It is not for me to say so early whether the weight of historic grievance should overwhelm the efforts and attachment that the local community has for that particular public space; that is the purpose of the select committee. But with passions on both sides it highlights the need for honest open and accountable discussion. To transfer hurt and mistrust from one group to another is a rob Peter to pay Paul scenario that we must never countenance. Recent history shows us that when this Government rushes through bills there is usually a harmful side effect and any mistakes or inattention to detail at this stage would be devastating.  
No matter how big or how small the compensative settlement is we must set aside the time for the public to view the facts in the bright light of day and allow New Zealanders time to travel to this venue to participate in the process. New Zealand First asks that the second and third readings be in daylight hours with extensive notice so that all interested New Zealanders can share the significance and the knowledge restore spiritual dignity to the process and embrace the healing to celebrate what should be momentous occasions for all Maori and all non-Maori—tatou tatou us and us all New Zealanders. Thank you. 
DAVID CLENDON (Green) 
: 
 I am pleased to take a call on these two cognate bills the Ngati Manuhiri Claims Settlement Bill and the Ngati Whatua Orakei Claims Settlement Bill and could I say in passing that the Greens in fact do support this process with all due respect to the previous speaker Brendan Horan. We are part of the all-party agreement that this was an appropriate process. The intention of the process is to have the bills go through more quickly. The third readings of course will always be separate to ensure that the iwi and hapu affected have their moment solely for themselves. We do absolutely support this process. As I say with all due respect to the previous speaker we think it is a good process. There is a great deal of legislation. People have waited a long time for these bills. It is time that we have them go through the process as quickly and as smoothly as we can. I certainly add to others’ greetings to the people of Ngati Manuhiri and Ngati Whatua Orakei who have come to this House to witness this step forward. 
I will confine my comments to the Ngati Whatua settlement. As an Aucklander for most of my life indeed—we all know that it is New Zealand’s finest city of course—I know that the city exists only due to the generosity and significant hospitality shown to the early settlers by Ngati Whatua with the gifting of land and the sharing of resources. I think that is a debt we need to acknowledge as we go forward. Clearly the generosity and the hospitality were not reciprocated entirely and that has led to the situation we are in today where we endeavour to make good to make some restitution for the very shabby treatment that Ngati Whatua endured over many years. Perhaps the low point of the relationship between Ngati Whatua Orakei and the Crown—the Government—in modern terms at least was in the 1950s when their homes their whare were destroyed and burnt when their tauranga waka and their fishing grounds were compromised by sewerage pipes and the like. I think it is to the great credit of Ngati Whatua that for the last 30 or so years there has been reassertion of their mana of their right to be there and of their right to be involved in the ongoing future of Auckland. 
Auckland is often called the City of Sails. That is a great slogan a great brand but equally it is a city of maunga—Maungawhau Maungakiekie and Puketapapa. These are the icons of Auckland and clearly we are grateful I think and ought to be grateful to Ngati Whatua for having revealed to us some of the history of those places the significance of those places which were all centres of settlement that supported very large populations of people. Tamaki-makau-rau has been a prosperous place historically and hopefully will be again. But these are important sites and it is a great credit to Ngati Whatua that increasingly they are visible. I recall last year attending the opening of a cycleway on Mount Roskill—Puketapapa. OK that was a good thing for many reasons but it was important and significant that Ngati Whatua were there from the moment it began. They were part of the design of that infrastructure. There is a distinctly Maori flavour to the landscape architecture to the trail itself. They were there to give their blessing to the project on the opening day. That added a real richness and a value and I think it is something that increasingly Aucklanders are acknowledging—the value and the benefit that are coming from moving to a much healthier relationship based on the Treaty. 
It has been mentioned already of course the Takaparawhau occupation in the late 1970s and the tragedy that was associated with it. There was the loss as will be well recalled through an accident of a young child’s life which was a significant tragedy. It is of great credit particularly to the Hawke whanau but to all of Ngati Whatua that they took that stand. It was a turning point and not only in Ngati Whatua history and not only in Auckland’s history; it was a turning point in the history of this country. It was a moment when a hapu when an iwi stood and said “We do not step back from here.” They stood alongside other Maori. They stood alongside Pakeha of I dare say every political persuasion. It was a rare moment it was a turning point and I think we have to acknowledge that historical moment which ultimately led to a victory. 
We have seen a resurgence of Ngati Whatua’s presence in the city. They now manage a significant property portfolio. There is an emergent generation of leadership—people like Ngarimu Blair whom I have had the pleasure of knowing for some years. I have been very happy as a volunteer and purely for my own pleasure to be involved in some of the planting days on whenua rangatira to see Ngati Whatua young people under their leadership running event days and doing a zero-waste programme which not only teaches young people skills and generates some income but proves that young people in the cities can still respond very well to the leadership of the iwi and hapu in very positive ways. The whenua rangatira has always been an asset to Auckland. The revegetation programme and the expansion of that land under some of the provisions of this bill that give Ngati Whatua increasingly some management rights and some control—indeed ownership—of the maunga of other sites around Auckland are going to continue to add richness. I think we owe them a great debt of gratitude. We look forward to Auckland becoming an even more dynamic and beautiful city. It is a pleasure to be part of progressing this bill and we look forward to supporting it. Kia ora.  
A party vote was called for on the question  
That the Ngati Manuhiri Claims Settlement Bill be now read a first time. 
Ayes 103 
New Zealand National 59; New Zealand Labour 30; New Zealand First 8; Maori Party 3; ACT New Zealand 1; Mana 1; United Future 1. 
Abstentions 10 
Green Party 10. 
Bill read a first time. 
Bill referred to the Maori Affairs Committee. 
Ngati Whatua Orakei Claims Settlement Bill read a first time. 
Bill referred to the Maori Affairs Committee. 
Waiata