Flavell Te Ururoa: Auckland Domain (Auckland Tennis) Amendment Bill — First Reading 
Flavell Te Ururoa: Auckland Domain (Auckland Tennis) Amendment Bill — First Reading 
[Volume:643;Page:13314] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Kia ora tatou katoa iteneipo. At first glance the Auckland Domain (Auckland Tennis) Amendment Bill appears to be a mere technical adjustment—a proposal to amend the Auckland Domain Act 1987 and update the reference to the Auckland Lawn Tennis Association Inc. by changing it to Auckland Tennis Inc. We in the Maori Party have seen many a bill like this. Such bills have appeared on the Order Paper and we have been given every assurance there was nothing to fear—“all is well everything is sweet; game over”. The problem is that as the serve for match point arises following a deuce call there is suddenly the dawning of the question that was raised by Sue Bradford: where do tangata whenua fit? We are pleased that as we are about to serve for the first time with this first reading of this bill we are taking the opportunity to call “Time out!” and to raise the issue of the relationship between tangata whenua and tennis for the consideration of this House as it informs this bill. 
The extensive oral history that we cherish amongst our koeke our elders reminds us that marae tennis dates back over a century. I know of many kuia and koroua from where I am from who talk of marae having tennis courts and of highly competitive games with other iwi and hapu that were frequently contested on the courts. From 1911 the Marumaru Cup was the object of really hot rivalry between Hawke’s Bay Taranaki and Wanganui. We know also of the MorehuTuroa Cup again a competition between neighbouring whanau iwi and hapu. The distinguishing feature of that competition was the teams of eight players: four men and four women. 
It was in fact that context of maintaining whanau hapu and iwi unity and connections that the legendary Sir Apriana Ngata drew upon in drawing together the various Maori competitions into one collective national force known as the New Zealand Maori Lawn Tennis Association. That association included a very prestigious annual tournament that hit off in 1926 with some 94 players in the men’s singles event. At the risk of sounding like a tennis infomercial for Maori tennis what was so fascinating about the national association’s tournament was that a player was able to attend the tournament only after the provinces had completed their various elimination rounds in order to see who the best players were and they were the only ones who were seen there. 
One of our own personalities from my home town of Rotorua Miss Ruia Morrison was a ladies champion and our first Maori representative at Wimbledon where from all reports she acquitted herself really honourably. 
I have taken the time to draw out some of the history of the tangata whenua’s association with the little yellow ball to remind us all that even on an issue like extending the terms of the lease that Auckland City Council will grant to Auckland Tennis Inc. from 21 years to 50 years it should automatically be presumed that Maori will have an interest. Although one may think that in its most basic form this bill simply rubber-stamps the fact that Auckland Tennis Inc. requires a longer-term lease from Auckland City Council in order to redevelop its facilities it would be useful to know what involvement if any Maori will have in the future direction of Auckland Tennis Inc. 
Under the Local Government Act 2002 councils are of course required to consult with mana whenua. Therefore we have been extremely interested in learning what consultation has been undertaken with NgatiWhatua in relation to this bill. I am never surprised in this House that the concept of consultation with tangata whenua is tagged on as a sort of afterthought the presumption having been made that this bill like many others before it is merely about administrative changes with the two key players in this case being restricted to Auckland Tennis Inc. and the Auckland City Council. I guess if someone’s world view is void of Treaty justice that analysis will always appear valid. In such a world view the only requirement for consultation may be restricted to that set out in the particular statute. 
So what relevance does the Auckland Domain Act 1987 have for this bill? What are the implications of section 6 of the Reserves and Other Lands Disposal Act 1974 in terms of the passage of this bill through the House? What would Dick Garratt chairman of the 80th Aotearoa Maori Tennis Championship have to say about this bill? Then there are the marae of NgatiWhatua and beyond and whether they have any particular interest in the future outlook and direction of Auckland Tennis Inc. 
There is of course a very significant issue at the root of this bill that will have particular meaning for mana whenua. This bill provides Auckland City Council with the ability to permit Auckland Tennis Inc. to grant a sublease over the land it leases from the council. That is where section 6 of the Reserves and Other Lands Disposal Act 1974 enters the picture. That is the provision that is drawn on to amend the legal description of the land that may be leased to Auckland Tennis Inc. That is at the very crux of the issue for the Maori Party—the relationship and association that tangata whenua will have with the land under debate. It is important to get that right now in order to establish a precedent. We are aware that the Auckland City Council also intends to promote another local bill that will deal with other legal issues arising from the Auckland Domain Act. Part of the likely wash-up for the next bill to deal with will be a review of the current legal description and of the position of other lessees of the domain. So we ask again: how have Maori been involved in the discussions around the legislative changes up for review? 
The land referred to in this bill is located in Stanley Street Grafton. Probably every member of this House will know it is the same land on which is located the major tennis event centre in Auckland—a site of significant international tournaments. Auckland Tennis Inc. plays host to two major international tennis tournaments each year at the ASB Tennis Centre in Parnell: the ASB Classic Women’s International and the Heineken Open Men’s International. The Maori Party stands to merely raise the question: what interest if any does NgatiWhatua have in relation to this land and have its concerns been appropriately taken into account? We have looked carefully at the bill the explanatory note the digital title plan and the advice from Buddle Findlay for some acknowledgement of how mana whenua interests have been taken into account. What did the NgatiWhatua trust board have to say about the legislative right to the land in question as currently held by the Auckland City Council as the lessor? If Auckland Tennis Inc. seeks the ability to sublease the land to the property developer what are the processes that Auckland City Council must automatically follow before consent is approved? 
It is vital that councils come to this House having asked the questions and having satisfied the requirements under the Local Government Act to consult with mana whenua as a matter of course. Mr Gosche also outlined the need to discuss this proposal with the other councils involved. We cannot help but think of the dreams and challenges of Sir Apirana Ngata so many years ago that saw him being fully involved not only in the events of the day as they were debated in this Chamber but also in ensuring that the social economic and cultural advancement of tangata whenua succeeded in so many areas of life including on the tennis courts of Aotearoa. We owe it to him and to the 94 champions in the 1926 Easter tournament to the many who lost out in the provincial draws and to the victorious champions of the Marumaru Cup and the MorehuTuroa Cup almost 100 years ago to raise this issue. 
I have seen a slogan regarding this sport that reads “Hit Me with Your Best Shot”. We urge the member in charge of this bill the Hon Judith Tizard and the sponsoring body for this bill the Auckland City Council to follow a process that will really hit the House with their best shot in making the investment to consult whanau hapu and iwi in the best interests of Aotearoa or once again we will see another institution serve the ball out of court or into the net or end up as institutions always do double-faulting when it comes to forming respectful meaningful relationships with tangata whenua. It is not just a matter of having a leisurely hit up; it is about having a fair game. Mr Eric Roy learnt his lesson in progressing the Southland Agricultural and Pastoral Association Empowering Bill Mr Simon Power learnt his lesson with the Manfeild Park legislation and Moana Mackey learnt her lesson with the legislation regarding Alfred Cox Park in Gisborne. Hopefully the member in charge of this bill will learn from those members.