Tamihere John: Maori Fisheries Bill — In Committee 
Tamihere John: Maori Fisheries Bill — In Committee 
[Volume:620;Page:15595] 
Hon JOHN TAMIHERE (Associate Minister of Maori Affairs) 
: 
 The substance of the comments I intend to make reflect on subpart 4 in Part 2 and they are relevant to Te PuteaWhakatupu Trust and Te PuteaWhakatupu Trustee Ltd. Prior to making comment on subpart 4 I invite the Minister when he does take a call to give some consideration to either affirming or otherwise the comments I might make in that regard. 
Before I do that I say that I do have some sympathy with one part of the Supplementary Order Paper put forward by Green member MetiriaTurei. It would be helpful if the Te Ohu Kai Moana Trustee Ltd were given a sunset clause relevant to its power of intervention. Whether or not that was for 10 years I would not much mind but the giving of a clear end point to the period when the trustee could intervene on the mana of mandated iwi organisations after they had struck their constitutions seems eminently admirable. 
The next issue I want to discuss is the issue raised by ACT party member the Hon Ken Shirley. The reality is that Douglas Montrose Graham and the Rt Hon Jim Bolger struck this deal—also known as the “Treaty of Wellington”—in the dead of night and as usual along with many difficult varied and silly things the National Party has done in its chequered history it is up to this Labour Government to fix it. We are in the process of doing that. 
The second point I make is that the settlement entreated Maori to engage and draft a bill then refer it to this House and I say to the Hon Ken Shirley that that is what has happened. Maori have referred this documentation with all its detail to this House for the conclusion of this settlement. So members should not look at this Parliament or at this Government; they should look at the negotiators who actually drafted this bill—over 12 tortuous and long years of litigation and worse. 
I turn now to subpart 4 but more particularly to clause 65. I note that the Minister under Supplementary Order Paper 255 has amended the same. For the benefit of the Committee and for the benefit of any judge who may care to look at the definition of this purpose—purpose being the ultimate driver in the heart and soul of the essence of any trust—I will read my understanding of what the intent of the purpose clause about Te PuteaWhakatupu Trust is: “The purpose of the Te PuteaWhakatupu Trust is to hold and manage the trust funds on trust for and on behalf of the beneficiaries under the Deed of Settlement in order to promote education training and research including”——and this is where the Supplementary Order Paper deletes and adds words—“matters that relate to fisheries fishing and fisheries-related activities but not in a manner that could adversely affect the charitable status (if any) of the trust.” 
The intent of this purpose clause clearly has a twofold test in terms of the purpose. Firstly it is wide in order to promote education training and research. Notwithstanding that it can include matters that relate to fisheries fishing and fisheries-related activities. So there is a twofold test for the purpose provision and to that extent if that is the extent of the purpose of the Te PuteaWhakatupu Trust I commend it fully. I commend it fully on the basis that this particular issue has been to the Privy Council twice and our acknowledgment that this settlement is in the final essence for the ultimate benefit of all Maori. It is a vehicle and a tool to build bridges between iwi and others who do not necessarily engage fully in the iwi politicisation process. 
I turn finally to clause 69 “Requirements for appointment of directors” which concerns the appointment of directors to Te PuteaWhakatupu Trust. There are two tests in terms of appointment. The first test is for Te Ohu Kai Moana Trustee Ltd to go to the National Urban Maori Authority and the second by way of clause 71A(3) in Supplementary Order Paper 255 is to refer to other Maori-related organisations in urban areas. The intent of that is to make it quite clear to Te Ohu Kai Moana Trustee Ltd that the directors are to be appointed out of engagement and consultation with those groups specifically. Those are the two tests. 
So under this subpart 4 the purpose is reasonably wide but it is tied into the promotion of education training and research. The last thing that tens of thousands of Maori babies in cities might want to be excited about is going fishing.