Katene Rahui: Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill — Second Reading 
Katene Rahui: Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill — Second Reading 
[Volume:655;Page:4959] 
RAHUI KATENE (Maori Party—Te Tai Tonga) 
: 
 Kia ora Mr Assistant Speaker. I want to mihi to the team upstairs. It is really good to have them here today. I am really humbled to be able to speak today on behalf of the Maori Party in support of Taranaki Whanui ki Te Upoko o Te Ika. In doing so I recognise the legacy of the tipuna of Te Atiawa Ngati Tama Taranaki Tuturu Ngati Ruanui and other people from Taranaki including Ngati Mutunga. 
This is historic legislation in which every individual who is a member of Taranaki Whanui ki Te Upoko o Te Ika has the opportunity to benefit from the deed of settlement that will settle their historical claims. This legislation acknowledges statements made by Taranaki Whanui of their cultural spiritual historical and traditional association with 13 statutory areas. 
As with any settlement legislation the bill’s passage through the House is a time for quiet reflection for tears to flow and for stories to be told. It can never be an occasion of celebration no matter how significant the outcomes articulated in the bill. I think it is an opportunity to reflect on the occasion that took place just less than a year ago not far from here at Pipitea Marae. The occasion was the day on which the Port Nicholson Block claims team together with Taranaki Whanui ki Te Upoko o Te Ika met formally with Crown Ministers for the official signing of the deed of settlement. 
When one looks at the reports of that day a phrase stands out: “An air of heavy anticipation hung over the marae.” The heaviness that hung over the heads of all those gathered was the pain the memories of ancestors who migrated to Wellington in the 1820s and 1830s. It is the heaviness of the stories recalling those tupuna who signed the Port Nicholson deed of purchase in 1839. 
We think back to those days we think back to last year and we look ahead mindful of all those who have gathered in the gallery today. Their hearts are also heavy with the collective losses that were recorded in the Waitangi Tribunal’s report on the Wellington district inquiry published in 2003. It can never be a day for rejoicing when we acknowledge in this House the breaches of the Crown in its obligations under Te Tiriti o Waitangi. 
There are also tears that can be shed for Taranaki Whanui ki Te Upoko o Te Ika for today as any of us who have read over the submissions can attest to. Members of Te Runanga o Ngati Toa also my relations shared with the Maori Affairs Committee their concerns that much of the Crown’s estate has been provided to Taranaki Whanui at the expense of Ngati Toa but in the spirit of true manaakitanga of generosity of spirit they conceded to moving on despite the redress they had been offered within the Port Nicholson Block not meeting their expectations or adequately reflecting their interests. 
Ngati Tama ki Te Upoko o Te Ika supported the intent of the bill but was concerned about the Crown’s treatment of the Ngati Tama interests that have not been addressed. Here I have to mention that Ngati Tama is my husband’s iwi and he was very involved with Ngati Tama’s claim. Ngati Tama’s support of the bill therefore was guarded influenced by the spirit of hope that the Crown in conjunction with the Taranaki Whanui governance entity will resolve the outstanding Ngati Tama issues in the best interests of all concerned. 
It is deeply distressing to know that just 10 days ago some Ngati Tama opted out of this settlement and will not be part of the Port Nicholson Block claim entity receiving settlement entitlements. Instead they seek to renegotiate for their own exclusive settlement within the same area. There was the option to go back to the Waitangi Tribunal for further recommendations but they have chosen to opt out instead. 
This situation has arisen because some from Ngati Tama felt that they had not been well-served in the process. To raise unresolved issues in the context of settlement legislation is always an uncomfortable position to be in. The Waitangi Tribunal report  
Te Whanga-nui-a-Tara me ona Takiwa 
 in making reference to iwi that have unresolved issues states that “Leave is granted to the parties to seek more specific recommendations (from the tribunal) if agreement cannot be reached.” We acknowledge that there is the opportunity and the mechanism by which unresolved issues can be heard but that does not make it easy by any means. 
It is precisely because of those concerns that the Maori Party has advocated to establish a Parliamentary Commissioner for the Treaty to review and monitor progress of Treaty settlements and of the whole settlement system. Our member on the Maori Affairs Committee Hone Harawira told us of the agonising concerns regarding the opt-out clause. 
As Mr Quinn noted in the case of Ngati Tama the committee does not recommend the use of opt-out clauses. The committee’s view was that if some Ngati Tama wish to negotiate a separate settlement they should form a single entity and achieve a mandate recognised by the Crown. The committee noted that the Crown should not be called upon to adjudicate differences within an iwi grouping and it considered that these are matters for iwi to resolve. So we leave it there for the time but we leave it knowing full well that these issues will return to haunt us if we do not ensure a full and comprehensive understanding of all the varied positions and views of this settlement as with any settlement. 
The submission put forward by Eldon Potaka was clear that Ngati Tama people wished to have their right in terms of tino rangatiratanga founded on Te Tiriti o Waitangi to determine their own future with regards to lands forests and all taonga. Ngati Tama do not assume the right to oppose a settlement that the bill provides but they would hope that they are not denied their right to choose their own negotiators as the tribunal recommended. 
These are important issues and they are issues that the Crown and this Parliament must continue to take seriously. The desire had been that the Taranaki Whanui governance entity seeks a resolution of the Ngati Tama issues simultaneously with the passage of this bill and implementation of Taranaki Whanui’s settlement. We will be interested to watch this progress as the bill moves through the House. 
Finally the Maori Party acknowledges those who have been part of the negotiations team and who have played such a major part in this negotiation. We acknowledge the enormous dedication of people such as Sir Paul Reeves Professor Ngatata Love Neville Baker Kara Puketapu June Jackson Liz Mellish Mark Te One Dawn McConnell Spencer Carr and Kevin Amohia—I apologise if I have left anybody out—who were all represented at the signing last year. 
In naming individuals we think too of all the whanau who have given so much to supporting those who have taken the claim so far. We acknowledge the negotiators the beneficiaries those who cast votes and all those who gave so much to this process. We also acknowledge those who have taken the hard call to opt out—those who did not vote but who also carry the legacy of their history upon their shoulders. We mihi to them all we add our vote of support for this stage and we remember their pain.