Finlayson Christopher: Taranaki Iwi Claims Settlement Bill — First ReadingText is incorporated into the Bound VolumeFinlayson Christopher: Taranaki Iwi Claims Settlement Bill — First Reading[Sitting date: 15 March 2016. Volume:712;Page:9754. Text is incorporated into the Bound Volume.]Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I move That the Taranaki Iwi Claims Settlement Bill be now read a first time. I nominate the Māori Affairs Committee to consider the bill.In July last year I attended the initialling ceremony for the Taranaki iwi deed of settlement at Puke Ariki in New Plymouth and then the signing of the deed at the stunning and culturally significant Pukeiti in September. There were very large crowds gathered at both those memorable occasions and I am sure many of the same people are here in Parliament today to witness the first reading of this bill. As I said in the Te Atiawa debate just a few minutes ago it is so appropriate that the first reading for legislation to address the wrongs the Crown has done to Taranaki iwi takes place on 16 March as it was on 17 March that Crown troops at Waitara fired the first shots in the Taranaki Wars. So to the people of Taranaki iwi nau mai haere mai.Let me start with a few acknowledgments. I acknowledge those who are in this House today and I want to also mention those who have passed on over many generations while the iwi pursued justice. These include Te Miringa Hohaia who sadly passed away during this work. I want to acknowledge the trustees of the Taranaki Iwi Trust; the claims leadership team; the negotiators—a very very talented and distinguished bunch of people; I say that because Mahara Okeroa is with us in the Chamber—Jamie Tuuta Toka Walden and Wayne Mulligan; and all iwi members. I want to acknowledge the chief Crown negotiator Paul Swain for his work on this settlement. I would actually say more about Paul but he is getting increasingly worried that I praise him too much in public and that it may harm his reputation in the Labour Party so I am going to leave it there. Thanks also to the officials for their work—some of them have moved on from the Office of Treaty Settlements to Te Puni Kōkiri; I think I have forgiven them but it is a pretty mean thing to do to me because they are so good.As the history suggests the journey for Taranaki iwi to settlement stretches back many many decades. Tribunal hearings were held between 1990 and 1995 and the report was released in June 1996—20 years ago. The claims were brought to the Waitangi Tribunal as “Muru me te Raupatu”. It describes the confiscation or the plunder of property as punishment for alleged offences—muru; and the conquest or subjugation of the people by Government control—raupatu. The tribunal as we all know was chaired by Sir Eddie Durie and he found that Taranaki Māori were dispossessed of their land leadership means of livelihood personal freedom and social structure and values. They were denied their rights of autonomy and as British subjects their civil rights were removed. For decades they were subjected to sustained attacks on their property and their person. This statement was in the forefront of the Crown’s mind when entering into negotiations with Taranaki iwi and the Crown knew it had a very long way to go—a very long way to go—to address the profound grievances of Taranaki iwi which I can tell the House are still felt today.Settlement negotiations began in February 2010 when the Crown recognised the mandate of the Taranaki Iwi Trust to negotiate the settlement of all of the Taranaki iwi historical Treaty claims. As I said the terms of negotiation were signed on 17 March 2010 and negotiations began. In December 2012 I signed a letter of agreement that outlined the main aspects of the settlement package and on 5 September 2015 I signed the deed of settlement after it was ratified by members of Taranaki iwi and that was indeed a very very moving settlement.Despite there being some pressure—I have to confess on my part—to conclude negotiations as they saw their whanaunga from Ngāruahine and Te Atiawa moving closer to settlement with the Crown the negotiators held on to their position and did not accept the Crown offer until such time as they were satisfied that their aspirations for Parihaka were being addressed. So again I commend the fortitude of the negotiators because it is their determination that led to the formation of Kawe Tutaki which was set up to provide advice and guidance to the Crown about how the Crown can support the people and the legacy of Parihaka. This group carried out its work alongside but separate to Taranaki iwi’s Treaty settlement. They were ably led by Dame Tariana Turia and Jim Bolger and they submitted their report to the Minister for Māori Development and me last year with the support of the Parihaka community. I am now working up those proposals and will be shortly talking to my Cabinet colleagues about Parihaka based around the recommendations of Kawe Tutaki. I look forward in the not too distant future to announcing initiatives that I believe will help produce a final reconciliation between the Crown and Parihaka.Mr Deputy Speaker I cannot really talk about Parihaka without taking a moment to reflect on the history that sits behind this settlement legislation—of course you know it so well because you represent much of the relevant area in the House. When Māori and the Crown signed the Treaty in 1840 the Crown intended for Māori to be treated fairly and honourably but the Crown has not upheld its obligations as Treaty partner and Taranaki Iwi have been hurt as a result. That hurt stems from a history marked by the Crown’s serious and repeated failures to live up to its obligation to Taranaki iwi under the Treaty. The history of Taranaki iwi is so evidently a history of hardship of suffering and of resilience—and I am grateful for the very kind words of Kelvin Davis but every time we have a debate it is important to read into the permanent record of the House exactly what happened before we talk about the settlement itself.In 1860 the Crown’s purchase of land at Waitara led to war between Taranaki Māori and the Crown. Crown forces employed scorched earth tactics which destroyed Taranaki iwi kāinga pātaka and cultivations. As we know peace was officially negotiated in 1861 but the Crown forces remained in the region. In May 1863 war resumed and in the following years Crown forces again destroyed Taranaki iwi settlements and cultivations. These people suffered severe distress and hardship and many lost their lives. In 1865 the Crown proclaimed 1.2 million acres of Taranaki land to be confiscated including all of the Taranaki iwi rohe not yet purchased. The following year a process to compensate loyal Māori for the confiscation of their land was established but large tracts of Taranaki iwi lands had already been allocated to military settlers and almost all of the land eventually returned was granted as we know under individualised title extinguishing customary tenure.In 1865 Taranaki iwi responded to the plight of war and Crown acts of violence with an alternative non-violent action. We know the story about the establishment of the settlement at Parihaka in the very heart of Taranaki iwi rohe. It became a flourishing community guided by principles of discipline of faith and of non-violence to resist further land loss and promote Māori independence. I was so pleased and honoured to be able to visit Parihaka last year and talk to the community. Over the years the population grew steadily as those who had been dispossessed by war and confiscation sought refuge.During the 1870s the Parihaka community engaged in a campaign of passive resistance against Crown attempts to make more Māori land available for European settlement. In 1879 and 1880 the Crown set aside the normal processes of law and detained many Taranaki iwi people without trial in the South Island. Then on 5 November 1881 Crown troops invaded Parihaka dismantled the settlement and forcibly removed many of its inhabitants. Te Whiti and Tohu were arrested and held without trial for many months. Over the following days some 1600 men women and children not originally from Parihaka were made to return to their native homes houses and cultivations were systematically destroyed and stock was driven away or killed. Māori gatherings were restricted and entry to Parihaka was regulated by a pass system. This was a veritable assault on the human rights of Taranaki iwi but even at the darkest hour this iwi remained staunchly committed to those principles of passive resistance.The day we signed the deed of settlement a poi composed by the women of Parihaka was performed at the deed signing and it described their experience of being raped and assaulted by the troops. Actually that poi had not been performed for many years and it was an extraordinary moment to say the least in the course of that settlement. It is a testament to the pragmatism and the generosity of Taranaki iwi that in agreeing to this settlement the iwi have foregone full compensation for the loss and prejudice they have suffered as a result of the Crown’s acts and have accepted the need to put the hurt of the past behind them.As I mentioned earlier Taranaki iwi and the Crown signed the deed of settlement in September. Key elements of the redress include that agreed historical account—a very very important part of any settlement—financial and commercial redress of $70 million; the opportunity to purchase specific Crown properties through deferred selection and the right of first refusal; the vesting of 14 properties in fee simple and 15 properties subject to reserve status; the joint vesting of Ngā Motu/Sugar Loaf Islands with Taranaki iwi and Te Atiawa; statutory acknowledgments over 25 sites of significance and deeds of recognition over 14 sites; the option to purchase specific South Taranaki District Council properties if they become surplus; and a proposed model for iwi representation on two standing committees in the Taranaki Regional Council alongside Te Atiawa and Ngāruahine. I certainly hope this package will contribute to mending the relationship between the Crown and Taranaki iwi that has been so badly damaged in the past.Of course the Treaty settlement grievances of Taranaki iwi will not be fully addressed—and Mr Tirikatene adverted to this—until Maunga Taranaki has been settled. Discussions around settlement redress for the maunga will be the subject of collective negotiations with the eight iwi of Taranaki. Ngāti Maru are very close to having their mandate for negotiations. Whenever I see Holden Hohaia I ask him how it is going. It is getting close; it is getting very close indeed. I look forward to the day later in the year when we will all be able to come to the table to discuss the regional settlement.To conclude back in the 19th century Taranaki iwi responded to the plight of war and Crown acts of violence with passive resistance following the leadership of Te Whiti o Rongomai and other prominent Taranaki rangatira. At the time proclamations known as “Te Haeata”  “the new dawn” and “Te Tau Ariki” “a time of prominence” were made to signal an end to the bloodshed and conflict and the beginning of a new struggle for self-determination through non-violent action. I certainly hope that today signifies a new dawn for Taranaki iwi and the beginning of a new relationship with the Crown. I am sure that the Māori Affairs Committee will be dealing with this bill and the Te Atiawa bill as quickly as possible because I certainly hope—I hope Daisy Noble does not get upset about this—what a great day it would be for this Parliament if we could have the third readings of Taranaki Te Atiawa and Ngāruahine claims settlement bills at the same time because I think that would truly be a very historic day in the life of our country.