Mauao Historic Reserve Vesting Bill — Third Reading 
Mauao Historic Reserve Vesting Bill — Third Reading 
[Volume:647;Page:15950] 
Mauao Historic Reserve Vesting Bill 
Third Reading 
Hon PAREKURA HOROMIA (Minister of Maori Affairs) 
: 
 I move  
That the Mauao Historic Reserve Vesting Bill be now read a third time 
. E te Kaiwhakahaere o nga korero o te Whare Paremata tena koe. Ka huri ahau ki nga iwi o Tauranga Moana e tau nei. Ngai Te Rangi Ngati Ranginui Ngati Pukenga me koutou o Waitaha tena koutou nau mai hara mai ki te Whare Paremata. Haere mai ki te whakaturetanga o te mana pupuri o Mauao ki a koutou me ta matou harikoa kua tae a-tinana mai koutou ki tenei ra whakahirahira mo tatou katoa mo koutou katoa tena koutou. 
[An interpretation in English was given to the House.] 
[ 
Mr Assistant Speaker of the House greetings to you. I turn now to acknowledge the people of Tauranga Harbour seated here. To you Ngai Te Rangi Ngati Ranginui Ngati Pukenga and Waitaha welcome. Welcome to Parliament and to the process of legislating the vesting of Mauao to you and our joy at your presence here on this significant day for all of us and for you greetings 
.] 
I would like to acknowledge and welcome the kuia koroua and whanui of Tauranga Moana iwi and Waitaha who are present among us in Parliament today. They have made the journey from Tauranga Moana to witness the final passage of this bill which will transfer the ownership of the Mauao historic reserve to the three iwi of Tauranga Moana Ngai Te Rangi Ngati Ranginui and Ngati Pukenga. I would also like to extend a special mihi to the members of Te Runanganui o Tauranga Moana executive committee. They have patiently steered the proposal from its inception through the negotiations and ratification to its introduction into the House late last year. 
The bill is entitled Mauao Historic Reserve Vesting Bill. The bill will make the iwi of Tauranga Moana the legal owners of Mauao. The title is significant because it reflects that the bill will vest the fee simple estate of the Mauao historic reserve in iwi. On registration iwi will become the registered proprietors of Mauao. I also welcome Waitaha to the House whose relationship with Mauao is recorded as a schedule of the bill. 
This bill implements the vesting agreement signed by the parties. It retains Mauao’s status as a historic reserve. This will ensure a high level of protection from alienation and commercialisation and continue to provide the public with access to this sacred taonga. These were some of the key principles that iwi requested when considering the scope of the proposal that underpins this bill to have Mauao returned. More obviously perhaps the title of the bill restores the original name of the mountain—Mauao—as it is known to the tangata whenua. Of course the bill’s title also reflects the historic importance of Mauao whose face is deeply etched with the marks of those who resided on the mountain for many hundreds of years. The trustees who are the kaumatua emphasised to the Maori Affairs Committee that iwi never ceded the mauri or the mana of Mauao. 
This bill achieves several things. It recognises the mana of Mauao and the great significance of the Mauao tapu to the tangata whenua of Tauranga Moana. It does so by vesting the fee simple estate of the Mauao historic reserve in the trustees of the Mauao Trust to hold on behalf of the people of Ngai Te Rangi Ngati Ranginui and Ngati Pukenga. The bill concerns the three parcels of land that comprise the historic reserve but the status of the recreation reserve at the base of Mauao will remain unchanged. The vesting preserves the current arrangements as far as public access to and third-party use of Mauao are concerned. This involves the arrangements for the management ownership and access to the encumbrances such as the water reservoir and the navigational beacon for the Port of Tauranga. 
Iwi asked for a provision in the bill prohibiting alienation of or dealing with Mauao by the representative body of Tauranga Moana iwi. This was due to the concern that the trustees may one day come under pressure to agree to develop Mauao commercially which they have consistently opposed. The vesting legislation also removes the offer-back rights in the public works legislation existing in relation to any of the three parcels of land that make up Mauao. This is evidenced in the memorandum of understanding between the Crown and Maori partnership and the relationship generally has been building between the tangata whenua and the Tauranga City Council during this process. I understand that it is a healthy relationship that they have generated and they should be congratulated. 
The bill also acknowledges the value accorded by the New Zealand public generally to this prominent landmark. Mauao stands at the mouth of the dynamic landscape and waterways that comprise Tauranga Moana’s unique geography and the iwi takiwa of Ngai Te Rangi Ngati Ranginui and Ngati Pukenga. In this respect Mauao provides a place of definition in Tauranga Moana. The Mauao park ranger estimated that 850000 visitors enjoyed Mauao’s walking tracks in 2007 and that will continue. It epitomises that Maori do know how to manage general and public access. 
This bill passed through its second reading on 17 April 2008 with overwhelming support and all who spoke were enthusiastic in favour of progressing the bill through its final stages. Some people have queried the nature of the bill and the implications of the wording of some of the clauses. I am convinced that the bill achieves the wishes of the kaumatua by transferring ownership of Mauao to iwi and leaving open the possibility of iwi managing Mauao in the future. 
Since 2005 we have collectively been progressing the proposal to vest the fee simple estate in the Mauao Historic Reserve in Tauranga Moana iwi under the terms and conditions agreed by the parties. The vesting preserves the Tauranga City Council’s legal responsibility as the administering body of the Mauao Historic Reserve and the Minister of Conservation has rights in relation to the Reserves Act 1977. The Tauranga City Council and iwi have also been involved in discussions to enhance the role of iwi in the management of Mauao. This has resulted in the Mauao Advisory Group Committee being upgraded to a Mauao Project Steering Group with iwi representation. It has also produced a memorandum of understanding between Tauranga Moana iwi and the council that records the aspirations of iwi to manage Mauao in the future. However the bill does not make any management arrangements a condition of the vesting title in Tauranga. 
I think back to 2005 when Te Runanganui formally accepted the Crown’s offer on behalf of Ngai Te Rangi Ngati Ranginui Ngati Pukenga and Waitaha. The only concern expressed at the time was that the proposed legislation would lock ongoing management of Mauao under the Tauranga City Council in perpetuity. In accepting the offer Te Runanganui expressed confidence from their discussions with officials in the Tauranga City Council that the legislation would not preclude iwi from assuming total management of Mauao should they develop the financial and infrastructural ability. I can assure members that the bill does not lock Tauranga City Council’s management in perpetuity and the bill achieves everything negotiated by the parties in 2005. 
This lofty mountain is certainly perceived as a navigational beacon by Tauranga Airport not by Whangarei Airport. It has also been a navigational beacon for the culture and tikanga of these people who have lived on this land and managed it and understood it over generations—hundreds of years. Most certainly it is a navigational beacon for the history of these people. The iwi of Tauranga Moana have watched this over generations. If we are serious about nationhood and not into the gabble of hypocritical statements in relation to better race relations— 
The ASSISTANT SPEAKER (H V Ross Robertson) 
: Order! 
Hon PAREKURA HOROMIA 
: —then let us serve to ensure that we bring cognisance to nationhood and make sure that Maori can manage it and can look after it. It should be understood that that mountain has been there before that member who has been interjecting it has been there before me it will be there after that member has gone—and it will not be long the way National is performing—and it certainly will be there after them to watch the mokopuna of the people who have brought this to fruition. Again I want to commend the members of Tauranga Moana iwi and Waitaha to the House. I salute them for remaining resolute in the desire of some people to upset the process. I welcome their attendance here today and I most certainly want to ensure that this is a great day for Maori. 
Hon GEORGINA TE HEUHEU (National) 
: 
 Tena koe Mr Assistant Speaker. Nga mihi ki a koutou nga iwi o Tauranga Moana tena koutou tena koutou tena tatou katoa. 
[ 
Greetings to you Mr Assistant Speaker and to you the people of Tauranga Harbour. Greetings greetings and greetings to us all 
.] 
There was such a lot of unseemly shouting towards the end of that speech which surprised me given that this Mauao Historic Reserve Vesting Bill is historic legislation and very important legislation for the iwi of Tauranga Moana. I will start by congratulating them on their patience on their hard work and on their mahi over several years to achieve what we are about to do today which is to legally vest the Mauao Historic Reserve in the iwi to whom it once belonged and to whom it will rightly belong again. 
The Minister has probably gone through some of the aspects of this bill but I want just to recap on some parts of it as well. First of all the bill does not form any part of a Treaty settlement. I commented yesterday during the Committee stage that I found this to be an interesting aspect but in the end I bowed to the wisdom of the iwi who have obviously seen that this is the best way to achieve and secure something that they have been wishing to have for some time now. But what is important about activities under the Treaty process is that we actually get to learn more about the history of any particular land and features that are important to iwi. So in time although I congratulate Tauranga Moana on what they have achieved here I also look forward to the day when their Treaty settlements are completed and we are in a position to see some of the history behind the way that this reserve came into the ownership of the Crown in the first place. Obviously if we are now legally vesting it back into the iwi it suggests that the Crown ownership of it up until this time has been marginal—to put it in a nice way. 
The background is that Mauao was acquired by the Crown in the 1880s. It has been administered as a historic reserve since 1981 and as far back as the late 1990s we were told in a briefing by the Minister that representatives of Tauranga Moana iwi sought to have Mauao returned to them. Subsequently Te Runanga o Tauranga Moana Incorporated was mandated by Tauranga Moana iwi to negotiate the transfer proposal with the Crown. In August 2007 an agreement was reached and signed between the Crown the iwi and the trustees of the Mauao Trust. The bill provides for the fee simple estate in the Mauao Historic Reserve to be held in trust by trustees on behalf of Ngai Te Rangi Ngati Ranginui and Ngati Pukenga. There is also provision to ensure that the reserve is never disposed of transferred or any charge put on to it. Knowing the way iwi feel about their taonga—and this is clearly a taonga to Tauranga Moana iwi—we would almost say that that is probably not necessary in regard to them because having sought so long to get this back in their title it would hardly be that they would sell it or dispose of it at some future date. 
There was an interesting conundrum or dilemma for the select committee when we went to Tauranga to hear the submissions. Although the bill as it was introduced into the House provided for the vesting of the reserve in the trust there was a clause that gave members of the trust much pain and that made us look at it. On the one hand the reserve was being returned to their ownership but on the other hand there was a gloss on it that meant it was regarded as remaining with the Crown. Some of us in our Committee stage speeches yesterday discussed this at some length in terms of the Maori Affairs Committee and the way we tend to work when we can see an obvious injustice. We are prepared to leave politics to one side and work in the best interests of the kaupapa or of the issue itself. The issue was to find a form of words that made the transfer real or maybe more truthful and therefore acceptable to the iwi. We were able to do that and I have to say that when one is on a select committee and finds an opportunity to work in consensus with all members of the committee to reach an outcome that is acceptable to all concerned then that is one of the satisfying parts of this job. It does not happen very often and I think Tauranga Moana can take some credit for the way—the very humble way—that they put their take forward for us to reconsider and to see whether there was something we could do to rectify what in their mind was only a Clayton’s return. 
It may be that this is the first time that some members of the iwi have seen the final version of the bill. All members on the committee Government and Opposition members alike feel that we with the help of Te Puni Kokiri of course have come up with a form of words that better reflects the intention to have the ownership of this reserve returned to allow public access to continue as it has in the past and to make sure that the obligations and responsibilities that have been incumbent on the Crown and the Tauranga District Council remain with those organisations which is only fair. It is still a public utility but as I say it achieves that hugely important symbolic and legal undertaking that the maunga is back where it belongs with the iwi concerned. It is a very good result I should say. 
I just come back to the issue of this transfer not being a part of Treaty settlements. I am not sure where the Treaty negotiations for Tauranga are but I hope that when this legislation passes into law today it gives real impetus to the Minister in charge of Treaty of Waitangi Negotiations and to the Labour Government to see whether they can now move in a more speedy fashion to make sure that these people like all other iwi who have been waiting for decades have past injustices corrected because that is what Treaty settlements are all about. It is about reparation sure but it is also about bringing justice to iwi—to this iwi in particular who for so many years while a wrong has remained on its books might very well have felt justified in saying: “There may be justice in this world but we won’t see it until we have all our claims resolved.” 
I wish Tauranga Moana iwi well—and I include Waitaha in that as well. As I say maybe this gives an additional push for the iwi to hold the Government to account in order to make sure that the resolution of its Treaty claims happens sooner rather than later. Again I want to congratulate Tauranga Moana iwi on this legislation and on giving us the privilege as parliamentarians to do something worthwhile in this House. I wish the iwi well as it goes forward into the future. No reira tena koutou tena koutou tena tatou katoa. 
DAVE HEREORA (Labour) 
: 
 Te mea tuatahi kei te mihi atu ki oku whanau whanaunga kei roto i te Whare i naianei. No reira ki a tatou tena koutou a tena koutou. 
[ 
The first thing is to acknowledge my families and relatives present in the House at this time. So greetings to us greetings 
.] 
Today for me represents nearing the end of a journey and that journey for me started some time ago when I was a younger lad at the age of 17—about 10 years ago—when I used to run up that hill. I can still hear the domineering voice of Bruce Matuska saying “Hereora come on get up there.” So the journey that I am now on is a journey where I have worn the hat of chair of the Maori Affairs Committee in dealing with the process. I stand humbled today having been given that opportunity and privilege to be able to speak in this House with my whanau present. 
The Mauao Historic Reserve Vesting Bill was referred to the select committee for consideration in December last year. The committee heard the public submissions on the bill in Tauranga Moana and we considered the views expressed by submitters and it should come as no surprise that the submissions were overwhelmingly in support of the return of Mauao to Tauranga Moana iwi. Of the 27 submissions we received 17 of those submitters appeared before us. They included kaumatua who are also the trustees the iwi runanga of Ngai Te Rangi Ngati Ranginui and Ngati Pukenga representatives of Waitaha individual members of Tauranga Moana iwi the Mayor of Tauranga City Council Stuart Crosby and the New Zealand Historic Places Trust. We were especially grateful to hear the views from kaumatua on the bill given their lead role in this initiative and their responsibility on behalf of the iwi as holders of fee simple estate once the bill is passed. 
The key issues raised by submitters were in relation to ownership rights and obligations as reflected in the then clause 7 and 8 of the bill as introduced. The committee considered submitters’ concerns that clause 7 did not provide for the return of full ownership of Mauao to the iwi and that the wording was of concern because it stated that the reserve must be treated as if a fee simple estate in the reserve was still vested in the Crown. It was felt by some that the land was being returned in name only with all rights remaining with the Crown. We therefore recommended that clauses 7 and 8 of the bill be deleted and that drafting changes be made to a new clause 8 to incorporate the intent of clause 7. 
Mauao has a status of a historic reserve under the Reserves Act 1977. Mauao comprises three parcels of land that are Crown land over which the Minister of Conservation has certain powers duties and obligations. The Minister’s powers include a power to appoint an administrating body to manage and control the reserve subject to the provisions of the Reserves Act 1977. A clause is required in the bill to ensure as the agreement to introduce vesting legislation provides that all general law will continue to apply to Mauao after the vesting takes place. The intention of the clause is for the rights and obligations under for example occupational health and safety building and rating liability legislation to continue to be the responsibilities of the Crown. 
However the Crown cannot know what laws may be passed in the future that could affect the owners of Mauao as further rights and obligations could be created under laws that are yet to be made. Under the current provision in the bill the Mauao trustees will not bear any of these present or future ownership obligations. If clause 7 is removed entirely significant legal uncertainty would arise concerning what obligations the trustees may bear and what rights they may have as owners of Mauao. We recognised the offence caused by the original wording of the clause and have recommended that the intent of the clause be reworded in clause 8 to address this concern. 
Several submitters recommended excluding Waitaha from the bill. We did not agree with the recommendation and it was very clear to us that Waitaha has a relationship with Mauao having resided on Mauao for several hundred years and because the agreement to introduce vesting legislation provides for Waitaha’s relationship with Mauao to be recognised. We do note however that Waitaha was originally included equally in the proposal and Waitaha supported the final agreement on the basis of Waitaha’s statement of recognition and its ongoing representation at that management level. The mayor has indicated that Waitaha’s status in the management of Mauao Historic Reserve remains unresolved. Waitaha is represented on the council’s Mauao steering group and has been there for some time but the recent memorandum of understanding reached between the council and the three Moana iwi and runanga does not currently recognise Waitaha’s relationship with Mauao. 
Clearly some issues need to be ironed out around the management in the future including the involvement of the trustees. We do not however consider that any further changes to the bill such as attaching the memorandum of understanding is the appropriate way of addressing those issues. As we considered the submissions I believe that the committee finally came to a consensus and it is not often that one gets a group on a committee that is able to come to consensus in relation to a bill. I think that in this case it was a good opportunity for us to promote together those recommendations that were successful in making those changes. 
In finishing I thank the committee members for their participation. I acknowledge and thank the iwi of Ngai Te Rangi Ngati Ranginui Ngati Pukenga Waitaha and all those who contributed to the submission hearing. I also acknowledge the efforts of our Speaker Margaret Wilson who originally I understand as Minister was responsible for bringing this bill forward. I acknowledge Mita Ririnui and his work and involvement in the process and I also acknowledge the fosterer of the bill the Hon Parekura Horomia. Kia ora tatou. 
BOB CLARKSON (National—Tauranga) 
: 
 I am pleased to talk on this bill because I am the MP for the area of course. From my house I overlook the Mount which is quite a sight. The people of Tauranga will be happy about the transfer of ownership of the Mount to the various Maori groups. They will be happy to hear that we will be able to walk or run on this landmark at no cost. 
I myself will explain to the people of Tauranga that this is not a Treaty settlement. There will be no commercial enterprises in the area and therefore the Maori groups will have no income. Because of that situation the Tauranga City Council will meet all maintenance costs and will cooperate with the different groups at different times on what needs to be done on the Mount. 
I need to mention something here which I do not really want to do but I will. Yesterday a member of New Zealand First congratulated me on participating in sorting out this bill. I thank him for that. I hope that his following remark—that this is the only thing I have done in this House—was not a clever remark and an attempt to take a swipe at me. I tell him to beware. His party leader has a bad record of getting into the sewer with smart-arse remarks as he did in the last election. If he gets dirty in the 2008 election in Tauranga I will be returning the compliment with remarks about undeclared money from Western Bay Finance and various amounts of money in brown paper bags from fishing people. In time New Zealand First will find out what I have been doing on the matters of leaky homes first-home buyers and building construction. Anyway back to the Mount deal. 
The ASSISTANT SPEAKER (Hon Marian Hobbs) 
: Please. 
BOB CLARKSON 
: I am happy—[ 
Interruption 
] The remarks were justified because of a swipe at me. 
Let us go back to the Mount deal. I am happy that I was involved with this deal. It is unusual for members on all sides of this House to be heading in the same direction. It was obvious at the Maori Affairs Committee that all committee members were trying to get a lasting agreement. I applaud them for doing that. 
Tauranga and the Bay of Plenty have a wonderful history but there have been some wrongs in that history. These wrongs are gradually being rectified. I thank the various Maori groups in the Bay of Plenty for being patient. I look forward to more settlements ending with the satisfaction that we the Maori Affairs Committee and the Maori groups have achieved in this deal. This satisfaction has been achieved by all parties listening and debating in a progressive manner. I claim a small credit for getting a good result. All participating people deserve some credit for what they did in getting a good end result. 
I will not be an MP in that area after the next election but I will still go to the top of the Mount on Waitangi Day. I will continue to ask to be buried on the top and I want permission from the Maori owners. 
PITA PARAONE (NZ First) 
: 
 A tena koe Madam Assistant Speaker. Engari te mea tuatahi koutou o Ngai Te Rangi Ngati Ranginui Ngati Pukenga me Waitaha hoki koutou i tae mai i roto o te Whare nei koutou i are taringa mai koutou hoki e matakitaki mai tena koutou tena koutou a kia ora mai ano tatou. A ko tenei te mangai ki tenei kaupapa mai i te Ropu a Aotearoa Tuatahi kia hakatautoko te pire nei kia turengia. Na reira i roto i te ahuatanga o wena tu momo korero kei te tautoko nga korero i puta mai mai i nga kaikorero i tu ake i mua i a au. 
[An interpretation in English was given to the House.] 
[ 
Greetings indeed to you Madam Assistant Speaker. The first thing for me is to acknowledge you of Ngai Te Rangi Ngati Ranginui Ngati Pukenga and Waitaha also who have arrived in this House those of you listening in and those of you watching; greetings to you greetings to you and greetings to us once again. I represent the interests of New Zealand First and support the passing of this bill into law. Therefore I endorse what speakers who rose before me have expressed relating to that. 
] 
This bill is about the transfer of the fee simple estate of Mauao—or as it was commonly known Mount Maunganui situated on Tauranga Harbour’s eastern entrance—from the Crown to Ngai Te Rangi Ngati Ranginui and Ngati Pukenga. The bill also provides for a statement of recognition to the iwi of Waitaha which ensures its links to this historic site are recorded in this legislation. This bill is not a Treaty settlement as has been alluded to by previous speakers and nor should it be considered as such. 
Iwi history has it that Mauao was once a hill without a name. According to that history this hill was a pononga a slave to a mountain called Otanewainuku. The pononga was in love with a hill called Puwhenua but she had already fallen for his captor. In despair the nameless hill decided to drown himself and he called upon the patupaiarehe the fairy people to assist with that. The patupaiarehe began dragging the nameless hill towards the sea. However those nocturnal people lost track of time and as they neared the ocean the rising sun signalled their disappearance. The nameless one was left in the very place where he still stands and became known as Mauao which means “caught by the dawn”. 
It is important to make reference to that history in that with the passing of this legislation Mauao may no longer feel deserted by the people of the area—not that I am suggesting it has been but at least it returns to the care and protection of the people of Tauranga Moana. This bill signals a new dawn for both this well-known landmark and the local iwi. I should say that this new dawn has not been easily forthcoming as it has taken almost 7 years for it to reach the stage it has reached today. I say that as it was back in August 2001 when representatives acting on behalf of Te Runanganui o Tauranga Moana first approached the then constituent member for Waiariki with a proposal for consideration by the Crown for the return of Mauao to the ownership of the tangata whenua. 
Ongoing discussions between the Crown te runanganui and the Tauranga City Council were had over the years until finally on 20 July 2004 the Government agreed in principle to transfer ownership of the Mauao historic reserve to the tangata whenua. As part of that process the runanganui was given the mandate to negotiate the proposal for Te Hokinga Mai o Mauao—in other words the return of Mauao on behalf of the iwi of Tauranga Moana. That culminated in an agreement between the Crown and iwi being signed in August of last year. With the bill’s introduction on 21 November 2007 the first reading on 11 December last year the second reading on 17 April of this year and the Committee stage yesterday the journey for the iwi of Tauranga Moana has taken some time to reach this stage. 
As I have mentioned this bill vests the fee simple estate of the Mauao historic reserve in the trustees of the Mauao Trust to hold on behalf of Ngai Te Rangi Ngati Ranginui and Ngati Pukenga. The bill also provides that the Mauao historic reserve continues to be subject to the Reserves Act 1977. The significance of this is that it provides protection for Mauao from commercialisation or alienation. Just as significant is the fact that the bill preserves the existing management arrangements for Mauao. To this end I acknowledge the Tauranga City Council which has held some responsibility for the management of Mauao over the years for its agreement to the bill and its undertaking that it will continue to have some input into the management of Mauao. This continued involvement is given further regard by the bill in schedule 2 which I am sure the citizens of Tauranga will appreciate given that it assures some protection against fire hazards. 
As has already been alluded to the original bill contained a clause that gave rise to the assertion that the return of Mauao to the iwi of Tauranga Moana was in fact a Clayton’s deal—that is it is returned but it is not returned. With the collegiality of the members of the Maori Affairs Committee and the contribution from officials we are now able to have a bill that meets the requirements of all parties. I ought to say that even though I was a member of that select committee its members ought to be congratulated. This bill provides an example of a situation where if there is a willingness to find a way to satisfy the needs of all parties then satisfaction can be obtained irrespective of what one’s political philosophies might be. I think for that reason this particular bill will have its place in history as part of the process of this institution. 
Na reira e kui ma e kara ma koutou nga iwi o Tauranga Moana ahakoa kua tino roa rawa atu i tatari i a koutou mo tenei wa ko te mea nui kua tau ki wa koutou wawata. 
[ 
So to you the elderly women and menfolk of the people of Tauranga Harbour even though you have waited a very long time for this moment the most important thing is that it has been settled to your satisfaction 
.] 
I also thank Te Runanganui o Tauranga Moana first for their tenacity and second—and just as important—for their recognition of the wishes of their kuia and kaumatua beneficiaries who wanted this issue to be finalised without too much fuss. In spite of the thinking of some of the principals of te runanganui they carried out the wishes of their kaumatua. 
No reira koutou ma te iwi o Tauranga Moana haere mai haere haere i runga i te rangimaria haere hoki i raro i nga manaakitanga o tatou Kaihanga. Na reira tena koutou tena koutou huri noa i tenei o tatou whare kia ora mai ano tatou. 
[ 
So to you the people of Tauranga Harbour welcome and return. Return peacefully and under the protection of our Creator as well greetings greetings. Greetings also to us throughout this of our buildings. Thank you all once again 
.] 
JUDY TURNER (Deputy Leader—United Future) 
: 
 I rise to take a very brief call on the third reading of this important Mauao Historic Reserve Vesting Bill. United Future does not enjoy representation on the Maori Affairs Committee that has helped this bill through its passage to its third reading today so we have not been actively involved in a hands-on way. But we do appreciate what the bill accomplishes in securing into the future a resource that is well loved by all those who live near it. I have two children who live alongside the mountain and who have regularly taken on the physical challenges it provides for them to go to the top. One of the things about this landmark is that we can underestimate it. It looks an easy climb from the bottom but many a person has broken into a painful sweat trying to get to the top of it and it is always much more fun coming down. 
I say that because I think that when I talk about the opportunity to underestimate this land feature from here on in it would be unwise of people to underestimate the importance it has to local iwi. We congratulate them on what they have gained today. 
What happens now is that those who are charged with its administration will do that with the understanding that it is not theirs to own but for now anyway it is theirs to look after in a way that reflects the new obligations they have to those who will be trustees. It is a very good thing to be answerable to others on how we discharge these kinds of responsibilities. United Future congratulates iwi on the passage of this bill acknowledging that they are best placed to oversee this important taonga. 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
Tenatatoukatoa e teWhare. NgatiRanginui Ngai Te Rangi NgatiPukenga Waitaha me ki TaurangaMoana tenakoutou. Tenakoutou nau mai haeremai. Haeremaikoutou me o tatou mate tuatini e takoto mai na i runga i o koutou marae. No reira me penei te korero tukunaratou kia okioki i runga i te moengaroa. Apitihono tataihono ko te akaaka o te rangi ki a ratou; apitihono tataihono ko te akaaka o te whenua ki a tatou te hunga ora. Kai aku rangatira tena koutou tena koutou tena koutou katoa.  
Kiamohiomaikoutou ka ahuawehewehe nei taku korerokiamaramamai ai tekatoa o teWhare i teneikorero engari kotewahanga tuatahi he reoMaorikatoa.  
Kotatatou i tenei rangi keiakurangatira kote whakanui i a Mauao e turangatira e tutokana e rongo nei i te tai e timu ana e pari ana i onatahataha. Koiatera e tumaira i waenganui i a OtanewainukurauakoPuwhenua. Hei te whitinga mai o te ra ara a Mauao. Kua mau i a ia ko te ao. Ka tu mo ake nei hei tohu rangatira o koutou o Ngai te Rangi o Ngati Ranginui o Ngati Pukenga.  
Ko te hokinga mai o te mana o Mauao he ara tapokopoko he ara roa. Kua hipa noa atu i te kotahi rau tau mai i nga tau kotahi mano waru rau waru tekau. I tauawa me ki i riro ki te Karauna ko te maunga nei. I riro ka mutu me ki i whiwhi i a ia ko te Karauna. Me kiake au ki takutitiro he whaiti noa iho te mohio o te Karauna mo te hitori o Mauao. E ai ki tangatangata mahi huakanga i puta mai te maunga nei i ngawhamiriona tau kua hipa atu. I hangaiana te pahutanga o te whenua. Nonatata nei me ki i ngaono tekau ma rima tau kua hipa ko te pungarehu i puta i Okataina i Taupo i Maroa i Tuhua a nateraahuatanga i hangaiangapari o Mauao. Na ka tae mai ki teneiwa kei te mohio koutou i nohoia a Mauao i waenga i te tau kotahi mano rua rau waru tekau ki te kotahi mano rima rau Wa o te Matua Tapu. Ara noa ngakorero otira ko nga taonga nongapa tawhito e toru. Ko te Tihi ko Ranginui tera. Ko tera i te uru ko Kinonui a ko te pa o Maunganui ano hoki. Kai teneiwhakatupurangangakorero e putake mai ana i nga tau kotahi mano ono rau rua tekau ma rima ki te tau kotahi manowhitu rau rima tekau tau tae atu ki te pakanga o Kokowai. Na me ki kua kitea he rua kai he patu paraoa he mata i nga taha o Mauao e tohu nei i te noho o te tangata i reira.  
Kuakorerohiaeneikoreroruarua nei e au hei kupu whakamaramamo te whakapapa o Mauao. He taonga a ia i konei i Aotearoa nei i te ao tonu natonaahuatanga a-huakanga nei. He aha i pera ai? I te mea ko ia te kaitiaki o ngakorero ngahitori o nga rau tau kua hipa a ka noho ngakorero ki a ia a nga tau kei mua i te aroaro. No reira ko ngakorero e pa ana ki te whiwhinga o Mauao i nga tau kotahi mano waru rau waru tekau he koreropakupaku noa iho ki era o te whakapapa roa nei e korerohiaake nei e au i natatanei.  
Koia te mate.Anei te maunga anei te taonga o nga iwi o Tauranga Moana. Noratoutera maunga kaua noNgapuhi kaua no Te Arawa kaua no te Karauna no reira he aha taratou e pirangi nei? Ko Mauao. He maunga nonga iwi o Tauranga Moana. Madam Speaker i te ao Maori ko nga maunga ko nga awa ko nga wai tuku kiri he tohu rangatira o te iwi. E tohu nei era i te rohe potae i nga taonga i te mana o te iwi. Ka whakaaetetahi iwi ki te tuku i tona mana ki tangata ke? E Kao! Kore rawa! Koia te putake o tenei kupu o te raupatu ara he whenua i pakangatia e te tangata. Ki te kore kua murua a ehara i te mea he tauhou a ngaiMaori ki tenei mea te muru whenua.  
Hoi ano me hoki mai au ki a Mauao. Ahakoa peheangahiahia me ngatumanako o te tangata whenua ahakoa ko te hitori ahakoa he taonga a Mauao ki te tangata whenua e ai ki ta te pire nei ka noho tonu a Mauao ano nei no te Karauna te mana. Peneitaetahikaikorero i ki ai mateneipire ka rirokotetaitara o tewhenua o Mauaokingakaitiaki o teMauao Trust kiapuritiatonutiamoNgai Te Rangi NgatiRanginui me NgatiPukenga engari kotonamana ka noho tonu temanakite Karauna. Hoi ano he aha te putake o ngaawangawanga o Tauranga Moana? Ara koiatera ko te mana o Mauao i ngaringaringa o te karauna. He kawa tonu te korero o te wahangatuawhitu ki ngakaitukukoorero. 
He aha i te putake o terawahanga? Ko tauakoreroramo te mana o Mauao engari me mihi au ki te komitiwhaitinaratou tonu i ukuaterawahanga ka mutu i hangaiatetahiwahanga hou ara te mea tuawaru. He kawa tonu te korero te wahangatuawhitu ki ngakaitukukorero. He aha te putake o terawahanga? Ko tauakorerora ko te mana o Mauao. Engari me mihi au ki te komitiwhaitinaratou tonu i ukuiterawahanga i hangai i tetahiwahanga hou. He paingaanora o terawahanga? Hoi ano ae. Ehara i te mea i eke ki te taumata i wawatatia mai engari kei te pai. Ka noho a Mauao hei whenua rahui he whenua ka tiakina e te Minita Take Tiaki Whenua. Ma tana tari tonu e tiaki. Engari kua tukuna e te Minita tona mana ki te Kaunihera o Taone o Tauranga Moana. Koi nei te take kua karangahia nei teneipire he Claytons bill. E ai kitawetahi koteatarangi o temaunga ka noho i ngaringaringa o teiwi engari ka nohoteputakekite Karauna. Koia nei matou o tetorangapuMaori e patai nei he aha i kore ai ngaiwi e toru o TaurangaMoana i riro i temana me tetikangawhakahaere kotetikangawhakahaeretakiruaranei kitoratouakemaunga?  
Ae kotetumanako ka mahitahi mahitakiruaranei engari kowai ka mohio kowai ka hua.  
Me mihi ra ki nga iwi e korerohiaake nei i kaha akiaki nei i tenei take. Ahakoa ko ngauauatanga kua ngana nei koutou ki te kimi i te huarahi pai huarahi ngawarimo Tauranga Moana. Me mihi au ki a koutou o NgatiPukenga Ngai Te Rangi Ngati Ranginui me Waitaha mo o koutou wananga tahi me te kaunihera o te taone o Tauranga. Kua kite nei koutou ko tera i whakaaetia e te Karauna he mea whakaiti ko ta koutou noho hei kaitiaki mo Mauao. He pai keake te whakatau o NgatiPukenga i ta koutou tuhinga i te marama o Here-turi-koka i te tau kua hipa ki te Minita. Anei te korero: “The process thus far has been seriously flawed and our people have been alienated because the mana of our iwi has not been respected. Even so NgatiPukenga has risen above those difficulties as a sign of goodwill and in an effort to be part of a solution that will work well for Tauranga Moana.” 
Me kiano au kotemana o Mauaokeiteputake o teneikorero. KitateKauniheraMaori o Aotearoa me whakahokikore here teMaungaTapu o TaurangaMoanaki nga iwi o TaurangaMoana. KotePoari nei o Mauao tonu me ki kotoratouwahakorero a KihiNgatainana i whakatakoto o ratouwhakaaromotepire nei. Heitana kaoretemana me temauri o Mauao i tukuna e teiwikite Karauna. Noreiraheitana whakahokiatemanawhakahaerekiteiwi maratou tonu e whakatinana i ngamoemoea a kuima a koroma. Engari ka turi tonu maite Karauna. AranoteKomihana for Social Justice notehahiKatorika i Kirikiriroa. Kotana whakahokia tika tonu atutemana o Mauaokingakaitiaki o TaurangaMoana. Noreira kongaropu e toru he ropuMaori he ropuhahi Maori hoki e whakaaronui nei motehapori.  
Hoi ano e teWhare heiwhakakopani i taku korero me peneirawatekorero ka tautokoteTorangapuMaori i teneipirena runga i tewhakaaetanga o ngaiwi e toru. Kai a ratoutekupukorerowhakamutunga kota matou ko Te TorangapuMaori he tautoko he tautoko he tautoko engari he watona pea tonoamaingawhakatipurangakitewhakatutuki i temoemoeakia hoki maitemana o Mauaoki a koutou.  
“Koiara e rongo whakairiaki runga tuturu o whitiwhakamauakiatinahui e.”  
Kiaoratatou. 
[An interpretation in English was given to the House.] 
[ 
Greetings to us the House and to you Ngati Ranginui Ngai Te Rangi NgatiPukenga and Waitaha; indeed Tauranga Harbour greetings. Welcome welcome. Welcome to you with your many deaths lying there on your marae. Let me express it this way: allow them to slumber there in the long sleep and united in the heavens while we the living remain bonded here to each other. So greetings greetings and greetings to you all my leaders.  
Members should note that my address will take a somewhat different form so that the whole House understands it but the first part will be totally in Maori. 
My leaders we are here today to honour Mauao standing majestically and rocklike which hears the tides ebbing and flowing upon its sides as it stands fixed there between Otanewainuku and Puwhenua.  
My leaders today we pay homage to the unique place of Mauao as it stands majestically like a sentinel and hears the ebbs and flows of the tide on its sides fixed by the morning light as a significant marker of yours Ngaite Rangi NgatiRanginui and NgatiPukenga between Otanewainuku and Puwhenua. 
The return of the ownership of Mauao has been a long and difficult one that has been in progress for well over a century dating back to the 1880s when this sacred mountain was acquired by the Crown. “Acquired” means “came to possess it”.  
From what I can see the Crown has little knowledge about the greater history of Mauao—a history that archaeologists tell us can be dated back to about 4 million years ago which came about as the result of a volcanic explosion. More recently about 65000 years ago volcanic ash deposits from Okataina Taupo Maroa and Tuhua helped to form the lower slopes of Mauao. So into the modern day withevidence of occupation on Mauao between 1280 and 1500 AD. There are recorded histories and archaeological artifacts from the three defended pa: the summit pa of Ranginui the western one of Kinonui and Maunganui Pa. This generation retains stories sourced back to between 1625 and 1750 right up to the battle of Kokowai. Storage pits whalebone clubs found on the northern coast and obsidian core sourced from within the flanks of Mauao show that people lived here. 
What I have just said is but a glimpse into the extraordinary whakapapa associated with Mauao. It is known nationally and internationally for its significance as an archaeological landscape. Why is that? It is because Mauao is the guardian of the history and the stories will stay with him in the future. So in the midst of this context then the date of 1880 pales into insignificance. 
And that is the problem. Here is the mountain. It is the mountain of the tribes of Tauranga Harbour—not of Ngapuhi Te Arawa and the Crown. So why would the Crown want to own it? This is Mauao for sure the mountain of Tauranga Harbour. In Maoridom mountains rivers and waterways are chiefly symbols of the people. They symbolise the tribal boundaries treasures and autonomy of the people. Would one allow one’s authority to pass to another? No never. This is the reason for this word “raupatu” [confiscation] land fought over by man. If it is not fought over it is confiscated. And Maori are not strangers to confiscation.  
So let me return to Mauao now. Despite the wishes and aspirations of the people of the land—the history the sacred significance of Mauao to them—according to this bill Mauao remains in Crown ownership.As other speakers have noted the bill vests the fee simple estate of Mauao historic reserve in the trustees of the Mauao Trust to hold on behalf of Ngai Te Rangi Ngati Ranginui and NgatiPukenga.  
So what is causing concern in Tauranga Harbour? It is the ownership of Mauao in Crown hands.  
The transfer of Mauao is stated as being “to assist the Crown’s objective of building healthy relationships with Ngai Te Rangi NgatiRanginui NgatiPukenga and Waitaha”. So we supported the recommendation from t 
he select committee that clause 7 of this bill should be deleted. This is the statement you will recallthat the Mauao historic reserve must be treated as if the fee simple estate in the reserve were still vested in the Crown. Submitters found clause 7 distasteful. In what respect? It was the part that refers to ownership of Mauao. But 
 we commend t 
he select committee which deleted that clause and inserted a new one. Was that beneficial? To some extent yes. Even if it did not achieve quite what was being sought it is fine. Mauao remains a reserve land under the Minister of Conservation for his department to adminster. But the Minister has given his powers to the Tauranga City Council.  
That is the reason this bill has been referred to as a Clayton’s bill. To some only the shadow of the maunga is retained in iwi hands while the substance remains with the Crown. So we in the Maori Party will continue to ask why it is that the three iwi of Tauranga Harbour have not transferred any ownership rights including the right to administer or at least co-administer their own mountain.  
Yes the hope is that they will work as one or alongside each other. Who knows what the outcome will be who will benefit?  
I do want to acknowledge and truly pay tribute to the integrity of the iwi involved who have persevered with a less than perfect process determined always to work out a solution that will work for Tauranga Moana. You particularly NgatiPukenga Ngai Te Rangi Ngati Ranginui and Waitaha in your negotiations with the Tauranga City Council. You have recognised all along that what the Crown has agreed to undermines your role as guardians for Mauao. Your views summed up in a letter to the Minister in August last year are commendable: “The process thus far has been seriously flawed and our people have been alienated because the mana of our iwi has not been respected. Even so NgatiPukenga has risen above those difficulties as a sign of goodwill and in an effort to be part of a solution that will work well for Tauranga Moana.” 
I say again that ownership of Mauao is at the core of this address. The New Zealand Maori Council urges that the sacred mountain of Tauranga Harbour be returned unconditionally. 
The Mauao Trust itself represented by KihiNgatai put the case in a most forceful simplicity. The standing and life force of Mauao were never ceded by iwi to the Crown and accordingly the Crown should return the management to iwi so that the dreams of elders could be realised. But the Crown remained deaf.  
The Commission for Social Justice of the Catholic Diocese of Hamilton urged that ownership of Mauao be returned to the guardians of Tauranga Harbour. So the three organisations one pan-tribal another a trust one and the third religious all have the best interests of the community at heart. 
So in ending this address I want to assure the House that the Maori Party supports this bill because the three iwi groups agree to it. The final word is with them. All we the Maori Party can do is to support it and support it but there will come a time perhaps when they will send us the next generation to fulfil the dream of ownership of Mauao returning to you 
. [Closing incantation] 
 Thank you to us all. 
] 
Hon NANAIA MAHUTA (Minister of Customs) 
: 
 Nei ano te mihi maioha ki nga iwi o Tauranga Moana kua uru mai ki roto i tenei Whare. No reira Ngai Te Rangi Ngati Ranginui Ngati Pukenga me Waitaha tenei te mihi atu ki a koutou tena koutou. 
[ 
A fond greeting to the people of Tauranga Harbour who have entered this House; so to you Ngai Te Rangi Ngati Ranginui Ngati Pukenga and Waitaha my greetings to you 
.] 
They say that there is nothing more powerful than an idea whose time has come. Time has certainly played its part in this particular issue. It gives me great pleasure to be able to speak to the Mauao Historic Reserve Vesting Bill. At times like this members of Parliament feel a level of trepidation. It is a time when people will bring their collective understanding of New Zealand’s history and will have to put themselves in a place to ask whether the pursuance and reaching of agreements such as this is in the best interests of this country. Madam Assistant Speaker as a teacher you would know—as many in this House would know—that we have a very imperfect history and that over time it has been a very difficult task to try to rectify the historical injustices that have occurred. But as I said previously time has played its part in this issue. 
I commend the people of Tauranga Moana who have long sought the resolution of a number of difficult issues in their region. I acknowledge those who are no longer with us and also those who are currently with us for their determination to ensure that the outstanding matters for Tauranga Moana can be resolved. This is a way of moving forward. However we should not pass over lightly the severity of the history that has been experienced by the people of Tauranga Moana. 
I do not want to tell the history of Tauranga Moana—I am not from that area—but what I do share is a sense of commonality with the people from that area at a tribal level. The confiscations in Tauranga Moana in the 1860s affected them just as they affected the people of Waikato Taranaki and Te Whakatohea. A number of outstanding matters must be resolved within this generation and we see in this bill a small step. 
The point was made by the Minister of Maori Affairs that this is not a Treaty settlement. One has to ask oneself why this is not a Treaty settlement. It is for this very simple reason: it is a step towards trying to resolve something bigger that must be done and will be done. 
I am proud to be a part of a Government that has unequivocally tried to resolve historical injustices from the establishment of the Waitangi Tribunal and making claims able to be heard at the Waitangi Tribunal retrospectively to 1840 to pursuing with unequivocal vigour the continuance of the Treaty settlement programme. So I foreshadow that although this is one step towards that resolution for the people of Tauranga Moana they are also confronting broader outstanding issues that they must see resolved in this generation and soon we may hope that will be done with the absolute vigour determination and commitment of all the parties involved. That is what is required. 
People can make politics about this particular bill and what it does not achieve but every parliamentarian in this House knows and most certainly the Government knows that it is no use promising the world if one cannot deliver. The important thing to recognise here taking into account all the concerns that have been brought before of the Maori Affairs Committee is that this bill is a step towards seeing those broader issues resolved. I commend the members of the select committee because they put a lot of hard work and effort into ensuring that the intent of this agreement was reflected in the wording of the legislation and previous speakers have made that point. 
I would highlight the comment made by the Minister of Maori Affairs that the door is still open on the future management of Mauao as a historic reserve. He said that very clearly in this House so anyone who walks away thinking otherwise should not be confused because that statement was made by the Minister himself. That signals that there is every opportunity in the ongoing management of Mauao to ensure that those interest rights are protected absolutely not just for the iwi of Tauranga Moana but also for other people in that region. 
Bob Clarkson made a very interesting comment to his constituents of Tauranga Moana. I am sure that notwithstanding his views about what is not being achieved in this bill his children and their children will recognise that reclaiming the name of that historical maunga will itself fundamentally transform the way people see the history of Tauranga and how that city will be shaped into the future. 
This is a forward step. It might raise a bit of tension in a number of areas but the common thing that must be understood from this debate is that it is a necessary step to be able to resolve injustices and to say: “We need a lot of people at the table to be able to go forward albeit it is difficult.” Is it not an ideal situation to have the council and the iwi sitting at the table to determine what is happening in their rohe so that iwi are at the front end of the decision making and are not waiting for someone else to make the decision about what is happening on their maunga? Is that not a good step forward? Would we not want to try to support that kind of thing? Would we not want to try to support iwi being able to not only have a say but also make a decision about the fundamental landmarks within their rohe? 
My contribution is only short: he iti tenei naku ki te kaupapa; but the main thing I wanted to ensure really is that some of the rhetoric offered in this debate does not lose sight of the real intent which is that this bill is a step towards something that I believe will be much bigger that it will require effort and that it will not be easy for the Crown or the people of Tauranga Moana but it is a necessary larger step that we must take. It foreshadows that in the future development of Tauranga City people will have to work together. We cannot get away from that whether or not people like it. People will have to understand each other’s priorities whether they are in regard to the management of this maunga or to other things happening in that rohe. 
But more fundamentally there is a reclaiming of history in that region that will not deny to any young person in that rohe—Maori Pakeha or otherwise—the strong proud tradition of the people of that rohe. People will better understand it know it and talk about it in their classrooms as part of re-growing a sense of pride in not only their traditional heritage in that area but also their future opportunities for how things can go forward. 
As I said one always stands with great trepidation around issues like this but I am proud again to say that a Labour-led Government continues with a programme like this knowing that it will build a future that it is about taking people forward and that we all have our part to play to be able to reach that end. I am often disheartened by the fact that many parties in this House do not support for example a Treaty settlements programme in the same way that others do and that those parties have demonstrated it in this House many times when they have not voted for a number of critical bills like this bill that can take people forward. It is a bit disheartening but that is on their conscience not mine. 
I am very pleased to be able to support this small step forward. No reira tena koutou katoa. Kia ora. 
CHRISTOPHER FINLAYSON (National) 
: 
 I will be very brief because I know it is the desire of the House that we vote on this bill before the dinner break. On behalf of the National Party I send very warm greetings to the people of Ngai Te Rangi Ngati Ranganui and Ngati Pukenga who have travelled from Tauranga to be with us today. I think they have seen a House that is basically bipartisan on this issue. They have witnessed some very dignified and statesmanlike oratory from people like my friend from the Maori Party and a very fine contribution albeit somewhat discursive and toward the end somewhat partisan from the previous speaker. A bipartisan approach is the kind of approach we have had to this legislation and the Minister’s oafish and incoherent outburst a few minutes ago does not really reflect the good team effort by all members of the House on the Maori Affairs Committee and during the Committee stage in trying to deal with this interesting issue. 
There are only a couple of points I want to make. The first is to note how fortunate we are as members of Parliament to be able to look at these sorts of issues. We all know the Mount as it is known in Pakeha parlance but those of us who were on the select committee were truly privileged to get an insight into its history and to begin to understand something of what this issue was all about. Secondly I pay tribute to the member for Tauranga Bob Clarkson who was effective and caring on this issue. He is actually the one who in his practical way pushed changes to the wording. I can hear the New Zealand First members complaining about that because they do not always like the reality when it comes to Bob Clarkson. What we see is what we get and what we got in this case was very good indeed. He is the one who was interested and helped forge the changes to what is now clause 8(3) so that the language was less offensive. I think he is to be congratulated on that. 
That is really all I want to say. Amid the very partisan mentality we have in the House this year largely because the Government knows it is on the way out we have had a period when we have been able to be bipartisan and work well on this legislation. I enjoy working with the Labour members of the Maori Affairs Committee. They are good blokes. They are atypical when it comes to the Labour Party because they know the difference between acting in the public good and the national interest and in the partisan interests of the Labour Party. I say to the good people of Tauranga Moana who are here today that they have not got a Treaty settlement. We are not debating that at the moment largely because for 8 years this Government sat on its hands and did nothing in terms of Treaty settlements. But I promise them that an incoming National Government will deal with their Treaty settlement with zeal with idealism and with the same enthusiasm that has been exhibited in the way the House has dealt with the Mauao Historic Reserve Vesting Bill. 
Hon TAU HENARE (National) 
: 
 I too want to say welcome to the folks from Tauranga Moana. What they are seeing tonight is something we do not see every day in this House and that is a bipartisan approach to an issue. I am happy to say I have enjoyed the process that the Maori Affairs Committee has worked through. 
I am of the generation outside of Tauranga Moana who did not even know the name of the Mount. I was brought up in South Auckland knowing that there was a place down in Tauranga called the Mount. Earlier on the very day we went to the select committee hearing in Tauranga my wife and I took a ride out to the Mount for the first time ever. [ 
Interruption 
] No I was not allowed in. It cost too much. I got a feel for the place for the first time and I think everybody in New Zealand should at least once in their short life visit that place called Mauao. 
The select committee process was an easy one. It was easy because of the bipartisan approach we take on most things in the Maori Affairs Committee. It has never been easier to find a way through to some common ground than I think happened in respect of this bill. So I want to praise all the members of the select committee including our chairperson who from day one said he had a conflict of interest. He pointed out he was from that area and used to run up and down the Mount in his very very very young days. 
This is not a Treaty settlement. It is obvious it is not a Treaty settlement because it was done very very quickly indeed. If it had been a Treaty settlement it might have taken quite some more time. 
Can I say to the people of Tauranga Moana that this is not the end of the matter. Obviously there is a lot more work to be done and we on this side of the House expect them to be knocking on our door some time after the next election. 
So thank you Madam Assistant Speaker. As I have been asked by the former member for the area to sit down I will take my seat. But once again I congratulate the Maori Affairs Committee on its good and hardy work. 
Hon MITA RIRINUI (Minister of State) 
: 
 Otira kei te Kaihautu me penei ra te korero maku: “Papaki tu ana nga tai ki Mauao whakanukuhia whakanekenekehia. I whiua reretia a Tuawahinerua ki te wai ki tai wiwi ki tai wawa ki te whaiao ki te ao marama a tihei mauria ora.” 
Me te huri au ki aku iwi mai ra i a Tauranga Moana na ratou te kaupapa i korerohia e tatou i roto i te Whare i tenei po. A kua tau nei nga mihi ki a koutou ehara ma to koutou potiki pononga koutou hei whakatau. No reira kai aku hoa Paremata Parekura koutou ra i nga ropu torangapu katoa o te Whare nei na koutou nei nga iwi o Tauranga Moana i whakatau tena koutou tena koutou tena koutou. 
Hei korero ano maku kei te Kaihautu e penei ana ma Tauranga Moana tonu hei korero i ana korero ehara ma tetahi atu. No reira na runga i tena ka huri au ki te reo o tauiwi kia marama ai te Whare i nga tu ahuatanga nga tumomo korero kei roto i tenei kaupapa. 
[ 
Indeed Madam Assistant Speaker there is a saying that I would like to quote and it goes like this: “The surging tides rise up beating and crashing upon Mauao to shift and move it. Tuawahinerua was cast upon the tides from near and far and to the world of light and understanding; and behold there was life.” 
I turn to my people from Tauranga Harbour whose proposal is the focus of our debate tonight. You have been acknowledged and welcomed—something that a humble servant of yours is not entitled to do. So to you my fellow parliamentarians Parekura and all other parties of this House you welcomed the people from Tauranga and I gratefully acknowledge you three times over.  
There is something else I would like to say Madam Assistant Speaker and it is this: Tauranga Moana is the only one that can speak for itself and relate its stories—no one else. On that basis I will turn to English so that all aspects relating to this bill are clear to the House 
.] 
It is obvious that we are in an election year given the level of campaigning that is going on in the House this evening in relation to this bill. Is it not incredible that something that should be so easy to vote on in this House took so long to be brought here? We have heard stories of journeys of experiences and of the technical aspects relating to this particular piece of legislation. I want to talk about a journey as well. I will talk about a journey of a great mountain who once stood in the midst of many great mountains. It is the story of a journey of the mountain down through the landscape of Tauranga—the reshaping of landscape the forming of rivers and eventually the forming of what is commonly known as Te Awanui or Tauranga Moana coming to rest at the mouth of the Tauranga Harbour—and the journeys of the patupaiarehe who guided the mountain on his journey. When he arrived at the final point I am sure he thought his journey was over. So he thought but it was not to be that way.  
Mauao has had very many experiences and has witnessed many events. He has seen the coming of the great migration or settlement subsequent migrations and conflicts with people from other lands—from other corners of the world. He has experienced love and joy happiness and sadness. But the most recent of his experiences has been the one of alienation and that point has been discussed in considerable detail in the House this evening. I know that some people are hugely familiar with the history of Mauao but the people of Mauao the people of Tauranga Moana have an intimate relationship with this maunga. I have heard statements that kua ngaro te mana o te iwi o Tauranga Moana ki toratou maunga. [ 
the Tauranga Harbour people have lost ownership of their mountain. 
] That is not the case. Mauao is our maunga iringa korero. We relate to it in our oratory; we relate to him in our oratory. Our mana on our maunga is there in perpetuity regardless of the actions of the Crown and its attempts to sever our relationship with our historic iconic landmarks. I want to make that point clear in the House this evening. This vesting of Mauao in the people of Mauao is considered nothing more and it should not be considered anything more than an attempt by the Crown to develop positive relationships with the iwi of Tauranga Moana and I believe that to some degree that has been achieved. 
I acknowledge the contributions made by very many people within this House. I acknowledge the contribution made by the Speaker of the House the Hon Margaret Wilson at the time she was the Attorney-General and the Minister in charge of Treaty of Waitangi Negotiations in acknowledging the requests of Tauranga Moana kaumatua and kuia for the return of this great majestic mountain to them and also in her subsequent instruction to officials to make this transfer happen. At that point it became very obvious that the Crown was committed to the transfer. The detail about how that happened created a bit of angst amongst many including Crown officials and iwi representatives but I believe that through a robust process of debate and consultation we have managed to resolve many of those concerns. 
It was mentioned earlier in the House this evening that clause 7 basically did not acknowledge the true relationship that Tauranga Moana iwi had with Mauao and that the Crown refused to hear the request for either the deletion or the rewording of the particular clause. It is important in this House that Hansard record the truth and it is my obligation and my responsibility to make sure that the truth is heard. That is not the truth. The Crown did listen to requests and approaches from iwi to reconsider the wording of clause 7 because iwi found it offensive. To that end Crown Law offered a draft statement on how the wording could be amended to accommodate the concerns of the iwi. However when that statement was presented to the people of Tauranga the iwi of Tauranga at the last hui I attended when I was in Tauranga it was rejected. Along with the proposed rewording Crown Law also sent a warning that any attempt to water down clause 7 would only subject the trustees of the Mauao Trust to possible litigation in terms of public safety. I know that Hansard will record this accurate statement. 
I acknowledge the kaumata and kuia of Tauranga Moana who have come a long way this evening to experience and witness the final journey of this very very long-standing and outstanding issue with regard to the return of Mauao to them. 
Nga iwi o Tauranga Moana kua pau te wa ki ahau na Te Torangapu Maori te he. Kai te pai kai a ratou tena. No reira na runga i tena me ki hoki pai atu ki te hau kainga i runga i te mohio kua tutuki ra a ratou hikoitanga o to tatou maunga ki a tatou ano. Kia ora tatou. 
[ 
To you the people of Tauranga the time given to me has expired. The Maori Party is responsible for that. But that is fine. They can sort that out. Let me wish you instead a safe return home knowing that the journey that was made to ensure that our mountain is back with us again has been achieved. Greetings 
.]  
Kia ora tatou. 
Bill read a third time. 
Waiata 
Sitting suspended from 6.01 p.m. to 7.30 p.m.