Okeroa Mahara: Mauao Historic Reserve Vesting Bill — Second Reading 
Okeroa Mahara: Mauao Historic Reserve Vesting Bill — Second Reading 
[Volume:646;Page:15807] 
Hon MAHARA OKEROA (Minister of State) 
: 
 Tena koe te Whare tena koe te Wahine e noho mai ra i runga i te tunga teitei ra. 
[ 
Greetings to you the House and to you Madam Assistant Speaker seated there in your lofty position 
.] 
I stand today to support the Mauao Historic Reserve Vesting Bill. I am particularly proud to support the second reading of this bill. It represents the final hurdle for the iwi of Tauranga Moana who have waited so patiently since the initial delegation of kaumatua visited Ministers in Wellington asking for the return of this important taonga to them. I am pleased that the bill has progressed through the Maori Affairs Committee with the full support of all parties so that the fee simple estate can be transferred to iwi. 
I will pause here to pay a special tribute to the kaumatua who submitted on the bill before the select committee. They were the ones who began this journey and they will appropriately be the holders of the fee simple estate on behalf of iwi which is befitting to their status and their mana. I also congratulate the runanganui of Tauranga Moana the mandated body on progressing this proposal as a source of kotahitanga for Tauranga Moana Maori. I would also like to mihi to our kaumatua for their role in guiding and supporting the runanganui and the Crown in our discussions over the past few years. The same kaumatua spoke in support of the bill when it came before the select committee. They urged us to return the maunga to them. They very clearly reminded us that iwi never ceded the mauri and the mana of Mauao. 
I also congratulate the mayor and his officials once more on their foresight vision and support for this bill and the council’s willingness to strengthen its relationship with iwi and the trustees. 
The submitters spoke overwhelmingly in favour of the return of Mauao. Many of them however objected to the way in which the Crown’s ongoing role was expressed in the old clause 7. The select committee has therefore considered these concerns and recommended to the House that appropriate changes be made. The key changes to the bill are the deletion of clause 7 and the incorporation of its intent in a new clause 8. Clause 7 of the bill as introduced provided for the general law to continue to apply to Mauao and to that effect it stated: “Mauao Historic Reserve must be treated as if the fee simple estate in the reserve was still vested in the Crown.” The tone of the language used in the bill caused some concern among submitters but its intent was not well understood. The new wording has now been found and it still allows for the general law to apply as agreed by the parties but in a less provocative way. New subclause 8(3) states: “Unless and until the reservation of Mauao historic reserve as a reserve is revoked under the Reserves Act 1977 the Crown continues to have in relation to the reserve the rights and obligations of the holder of the fee simple estate (including any obligations in respect of occupational health and safety building or rating liability legislation).” With these changes the bill will clarify which laws other than the Reserves Act will continue to impact on the management body of the Mauao Historic Reserve and which in turn will not become a burden or a liability to the holders of the fee simple estate. 
The new wording also provides that Mauao will continue to be an iconic place for all New Zealanders to appreciate but more than ever before as a place of great significance as a taonga to the tangata whenua of Tauranga Moana. Despite the select committee’s recommended wordings there is no intention to revoke the reserve status and kaumatua specifically endorsed the scope of the agreement because it retains Mauao’s reserve status which protects Mauao from commercialisation and alienation. The journey of this initiative from its conception by kaumatua through to its culmination in this bill has involved numerous meetings and consultation hui to fine-tune the proposal. It has been discussed with the council and consensus has been reached among four iwi. The original outcome sought is now about to reach fruition. I believe that the intention to strengthen kotahitanga among the tribes and build the relationship with the Crown is an honourable one. 
As members are aware the fee simple estate will transfer to trustees who will receive and hold the title to protect and preserve the mauri of Mauao and facilitate the maintenance of the natural physical and cultural integrity of Mauao under their trust deed. The existing management by the Tauranga City Council will continue as appointed by the Minister of Conservation under the Reserves Act to manage control and administer the reserve. Tauranga Moana iwi and the council have recently signed a memorandum of understanding that also provides for a new relationship with the Mauao Trust and the involvement of the trustees in the governance and management of Mauao. 
There are real benefits here in the convergence of these goals in bringing together iwi and council in a more meaningful way as each party brings their different areas of expertise together to manage the maunga. The matauranga or body of collective knowledge that iwi hold in relation to Mauao has great potential to enrich the wider community as well. Vesting the fee simple estate in Tauranga Moana iwi gives greater recognition to this. It is not simply a matter of acknowledging their ancient history. It is the values and expertise handed down over the generations and held by iwi that are also important and increasingly relevant. The council should not be expected to manage Mauao as a historic reserve without the benefit of this expertise. Combined with the council’s infrastructure and administrative expertise this bill should ensure that Mauao is protected and respected for generations to come. 
As noted previously the Crown and iwi acknowledge that this bill is not consideration for the settlement of any Treaty claim against the Crown. The enactment of the bill will not preclude any of the four iwi from seeking to further achieve their aspirations to exercise rangatiratanga and kaitiakitanga in respect of Mauao. 
Finally as a Labour member of the select committee I want to express my gratitude with a sense of integrity for the collegiality of the whole of the select committee acting in unison towards ensuring that we were able to make critical and significant changes to the wording of this bill which enhance the position of iwi and also the Crown in its final outcome. I support the passage of this bill as a point of unity for Tauranga Moana iwi and in recognition of the mana of Mauao itself. No reira huri noa i te Whare. Tena koutou tena koutou kia ora tatou katoa.