Mahuta Nanaia: Mokomoko (Restoration of Character Mana and Reputation) Bill — In Committee Third ReadingText is incorporated into the Bound VolumeMahuta Nanaia: Mokomoko (Restoration of Character Mana and Reputation) Bill — In Committee Third Reading[Sitting date: 10 December 2013. Volume:695;Page:15447. Text is incorporated into the Bound Volume.]Hon NANAIA MAHUTA (Labour—Hauraki-Waikato): Tēnei e tū ake ki te tuku i taku mihi maioha ki a koutou Te Whakatōhea te whānau o Mokomoko e tau mai nei i roto i tēnei Whare hei whakarongo ki ngā whakahaeretanga i tēnei wā. Tāpiri atu āku whakaaro ki ērā momo i waihotia i mua i a koutou i tēnei wā tēnā koutou.[I rise to deliver an affectionate greeting to you Te Whakatōhea and the family of Mokomoko who have arrived here in this House to listen to proceedings at this moment. I add my thoughts to those put before you so thank you collectively.]I rise to confirm Labour’s support for the third reading and final passage of the Mokomoko (Restoration of Character Mana and Reputation) Bill. I reflected on the preamble and for people who are new and listening to the debate in the House today the context of this particular bill is best reflected I think in the preamble. I want to draw from the first line in the whakataukī that has been offered by te whānau a Mokomoko to the Māori Affairs Committee to gain some appreciation of what we are trying to do here. They say: “Tangohia te taura i taku kakī kia waiata au i taku waiata—Have the strength to speak up and the truth will not be silenced”. I have to say that as the bill progressed through the select committee it was only with time with the consideration of the detail of requests and with understanding the long walk to reconciliation that has been taken that we began to have an insight into and an appreciation for why this bill is so important.The bill is set within the context of a broader historical narrative dating back to the 1860 Land Wars which has shaped the determination and tenacity of iwi to uphold those taonga so cherished by our tūpuna at the time and importantly the mana with which they undertook to preserve all that they held dear to them. The policy intent of the bill is to rectify specific omissions from the free pardon granted to Mokomoko on 15 June 1992. The free pardon did not provide for the restoration of the character mana and reputation of Mokomoko and his uri whakatupu. It was not provided for in statute and the whānau was not consulted on the wording of the pardon. And as we heard the submissions we began to really understand and appreciate the significance of why this bill was so necessary.The bill is the result of extensive consultation between Crown officials and the Te whānau a Mokomoko Leadership Group on the terms of the agreement underpinning the bill and the drafting of the legislation that we are currently passing today. I think we are taking a step towards the path of reconciliation alongside the whānau to ensure that those things that they seek can in part be addressed. Clause 3 and clause 6 of the bill really are the substance of the request and how it has been responded to certainly by the Government and the Crown. The bill contains in the schedule a reproduction of the free pardon that was granted to Mokomoko in 1992.I want to comment just briefly on the Royal Succession Bill which was debated in the House prior to this one and say that the Royal Succession Bill does to a strong degree reaffirm New Zealand’s connection to the Commonwealth and to the monarchy. It would seem to me that the free pardon on behalf of the monarchy is a significant recognition of wrongs that have been achieved within Commonwealth countries. So when I consider the request of the whānau to have the pardon and the apology contained within statute I for one certainly believe that that is the strongest affirmation that the Crown can give that a grave injustice has been done. That may not be adequately addressed by the select committee but Minister Turia in recognising your role on behalf of the Crown I think that in some way you have done an honourable act on behalf of the Government today.In the other parts of the bill that are contained in clause 3 and also clause 6 the Crown: “acknowledges with regret that the free pardon did not expressly restore the character mana and reputation of Mokomoko nor the character mana and reputation of his uri [whakatupu] and expresses the Crown’s regret for any ongoing shame or stigma this has caused for his uri;”. It “acknowledges that the Crown should have consulted te whānau a Mokomoko about the wording of the free pardon;” declares that it “restores the character mana and reputation of Mokomoko and the character mana and reputation of his uri;” and furthermore reflects that the legislation “does not prevent te whānau a Mokomoko from seeking through the Treaty settlement process the settlement of their historical Treaty of Waitangi claims.”The Māori Affairs Committee was informed by officials that the Crown is currently engaging with all of the te Whakatōhea groups including te whānau a Mokomoko to assist in the design of an inclusive and representative mandate for Whakatōhea that can uphold the mana of te whānau a Mokomoko through the historical Treaty settlement process. But by way of comment as I reflect on this it may well fall short of the expectations of te whānau a Mokomoko in that they are seeking specific redress for their grievances which we have acknowledged in part by the passage of this bill. If it were that policy prevented them from seeking specific redress then I think that the policy should be amended because what we are doing today is recognising that the nature of the grievance of te whānau a Mokomoko is identifiable. It has some tangible effects on a generation and generations following and therefore the nature of their grievance must be recognised by the Crown.Redress to settle the historical Treaty grievances of te whānau a Mokomoko including the Waitangi Tribunal suggestion of an appropriate tribute which in part has been noted in the preamble will be explored further with te whānau a Mokomoko—this is what the officials had informed us—through the Treaty settlement negotiations. We took that in good faith and believe it to be the case. I mention this because there was an expectation that the Crown would make an apology within the context of this bill the Mokomoko (Restoration of Character Mana and Reputation) Bill and enshrine it in statute.Our committee received a submission from the Te whānau ā Mokomoko Leadership Group on 8 May 2013 requesting proposed amendments to the bill’s preamble to include a historical account of the actions that took part prior to and during the conviction of Mokomoko and to also include an apology from the Crown for the fact that the pardon granted in 1992 was inadequate. In response to that request officials raised those proposed amendments with the Minister of Māori Affairs and the Minister for Treaty of Waitangi Negotiations for their consideration and decision.The Māori Affairs Committee was advised that both Ministers wrote to the whānau confirming that it continues to be the position that an agreed historical account and any related Crown acknowledgments should be located within the context of Treatysettlements. Ministers also reconfirmed their views that clauses 6(1)(b) and 6(2) give appropriate effect to the agreement that the Crown entered into with te whānau a Mokomoko in September 2011 and reflect the Crown’s regret for its omissions in 1992 and the unintended consequences that impacted on te whānau a Mokomoko. Ministers also confirmed that at this third reading debate they would include in their speech an official apology to the whānau. I say that by way of explanation to again reaffirm the point that within the further progress of the Treaty settlement engagement with Te whānau a Mokomoko there is some way to go.The select committee received a number of submissions on the bill and gave them thorough consideration but can I say that probably the most significant request was to translate this bill into Te Reo Māori. In the 16 years that I have been in this Parliament this is the first time that legislation has gained enough recognition to be translated into both languages. After all Te Reo Māori is a national language. It is something that we should do more of but I am absolutely delighted that on a bill of this significance with such a weight of history and a responsibility to the next generation to get reconciliation better recorded we have managed to achieve that. Nō reira he iti noa nāku kia tuku i roto i tā tātou kete i tēnei wā hei whakakīkīngia mō ngā whakahaeretanga o tēnei pire tēnā tātou katoa. Kia ora koutou.[Therefore although my contribution into your basket at this time may be somewhat small in terms of filling in and adding to the governance of this bill I acknowledge us all and thank you collectively.]