Mahuta Nanaia: Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill — In Committee 
Mahuta Nanaia: Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill — In Committee 
[Volume:670;Page:16927] 
Hon NANAIA MAHUTA (Labour—Hauraki-Waikato) 
: 
 I will speak on Part 1 of the Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Bill. The purpose if I am to understand its intention stated in clause 3 is that this bill is a small part of a larger comprehensive claim for Whanganui iwi. 
As I alluded to in my previous contribution the mechanism to give effect to small component parts of larger comprehensive settlements is very important in terms of how the legislation is set out. I want also to speak on clause 5. I think the way in which negotiators have set out their intent of what is comprehensive in clause 5 is quite deliberate. Clause 5(b) clearly sets the scene by stating that we are dealing only with historical claims. Clause 5(a) sets out the basis upon which those claims originate. So claims emanating from the Treaty of Waitangi or as a result of an omission in law or issues to do with common law are the types of things that are component parts of this comprehensive settlement. 
Clause 5(c) is really important. In my mind it highlights what Sir Archie Taiaroa lived and died for: the Whanganui River. The Whanganui River is not included in the comprehensive settlement. That gives me great hope in terms of his aspiration and vision for the people of Whanganui in ensuring that the river settlement—as the river is so much an intrinsic part of the people and how they identify themselves—will be dealt with altogether differently. If that is the intent I say to the Minister for Treaty of Waitangi Negotiations of clause 5(c) which states that it “does not include claims relating to the Waikato River.” then the comprehensive— 
Hon Darren Hughes 
: The Whanganui River. 
Hon NANAIA MAHUTA 
: Sorry did I say Waikato? Well they are one and the same in terms of some history so I could go back to that actually. It is said that there was one teardrop that fell on Ruapehu and from there the Whanganui and the Waikato rivers originated. There are many stories that we have that link us as a people in Waikato to the river. I think we may have inherited our korero from our tuakana in Whanganui so my apologies. 
If my reading of clause 5(c) is correct then the Whanganui River is not included in the comprehensive historical claims. I think that is a good thing. It is a testament to wise leadership which had been so long provided by Sir Archie Taiaroa. It will be a testament to his memory that the people of Whanganui can address their very important concerns regarding that settlement in a meaningful and separate way. 
On Part 1 I reiterate the comments made on the forestry component of this on-account settlement. I further highlight that there is a significant share of lands in the Whanganui area under the conservation estate. My brief time of interacting with the people of Whanganui often has been turbulent in terms of their experience of how Department of Conservation lands have been managed in the area. The forest component of this settlement I am sure lends itself towards a very proactive opportunity for the Ngati Apa people. 
I will go back to the issue of Kaitoke Prison. If it is the intent—and it is Ngati Apa’s decision to make—to purchase the land on which Kaitoke Prison is situated then the people of Ngati Apa will be the landlords of that facility. As I said earlier my strong gut instinct is that the people there will not want to see more Maori going to prison; they will want to see fewer Maori going to prison. As landlords that may have some influence on how they see their role in that area. I make the comment without any type of judgment but with the understanding that as a landlord of a Crown-rented operation the corrections facility that may create a little bit of tension. As market rentals are reviewed and the Crown is required to pay perhaps more than their market rentals they may not understand on the other side of the ledger that those rentals are an opportunity to reinvest back into the development of the people in the strong hope that more will be invested into Whanganui people so that they are not going into prison but are staying out of prison. 
I watch with some anticipation to see how events there unfold. We see that this Government wants to privatise prisons and there is a mood amongst various iwi groupings that they may want to get into managing prisons. This is a case in point where there may be an opportunity to consider that in some serious way. I make reference to that because it is a very important issue when we start to think about the potential opportunities arising out of settlements like this.