Flavell Te Ururoa: Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill — Second Reading In Committee 
Flavell Te Ururoa: Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill — Second Reading In Committee 
[Volume:650;Page:18927] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe Mr Chair. Ki te Minita tena koe. I will just say a couple of things by way of introduction. I have put a paper on the Table with some amendments that basically deal with some of the issues that have been spoken about today. 
I will just concentrate in the first part on the issue around Tuhourangi Ngati Wahiao. Mr Pita Paraone explained that at the Maori Affairs Committee hearing we heard that yes there is an association obviously between Tuhourangi and Ngati Wahiao and during the select committee process we heard that Ngati Wahiao has mana whenua over the particular area of land around the tupuna whare that the Minister has been to. I tell the Minister that I think the issue here is that shortly in the next day or two we will be discussing the Whakarewarewa and Roto-a-Tamaheke Vesting Bill and that the definition that is being sought here—and I have a letter on behalf of Te Maru o Ngati Wahiao—may well I suppose diminish or in fact take away what Te Maru o Ngati Wahiao believes are mana whenua rights in the Whakarewarewa Village. It was keen at the select committee to try to clarify the issue of the coupling or at least the uncoupling so that when we get to the Whakarewarewa legislation its mana whenua rights within the Whakarewarewa legislation will be protected and that is why the issue has come almost backwards if one likes to this particular bill. 
So at the hearing as Pita Paraone and Tau Henare mentioned the question was asked of one Rangipuawhe Maika as to whether as a senior koeke of Tuhourangi he would be amicable to the notion of the word “and” being inserted between the two tupuna Tuhourangi and Ngati Wahiao. At that hearing as Mr Henare said there was agreement to that and he was quite happy with that. Then Rangipuawhe Maika went off and after a week or so he came back and said that Te Pumautanga o Te Arawa was not agreeable to that. At the heart of the issue is how it is possible for everybody else to make a decision in respect of the mana whenua that Ngati Wahiao believes that it may have. How is it possible that Ngati Wahiao has mana whenua for the particular lands that it has yet a bigger group that does not have interests in those lands—except for Tuhourangi which may well cross over those boundaries—makes a decision on the outcome? 
The real fear from the submitters during the select committee process was basically about the loss of Ngati Wahiao as a tupuna and of course Wahiao is a tupuna. So I have put an amendment on the Table in respect of the addition of the word “and” between the two. Obviously we would have to vote on it but it sets the scene for the Whakarewarewa and Roto-a-Tamaheke Vesting Bill which is coming up because mana whenua is a clear issue in that particular bill. There was a real desire on the part of Ngati Wahiao to protect its interest. We heard the story and clearly yes Ngati Wahiao and Tuhourangi have for all intents and purposes come together over time but there was no debate certainly from those who presented to the select committee over the fact that Ngati Wahiao is in fact an iwi in its own right and it wanted to maintain that view. 
The second point that I raise is in respect of the issue around Ngati Whaoa. I do not think it is too much news that Ngati Whaoa has attempted over a number of years to try to find its distinct place separate from Ngati Tahu. Now I speak specifically around Te Runanga o Ngati Whaoa which is an entity in its own right and has attempted to find its space. It has been through two or three Waitangi Tribunal hearings and ended up in front of Judge Carrie Wainwright to try to facilitate the process. I say to the Minister that we heard at the select committee that from the perspective of Te Runanga o Ngati Whaoa it did not quite complete the facilitation process needed to allow it to move off in its own way. The fact of the matter is that one of the members of Te Pumautanga o Te Arawa advised that he or she would wait until after the bill passed and then decide to separate out. 
In representing the interests of the constituents—at least the group called Te Runanga o Ngati Whaoa—I was asked to place in front of the Committee an amendment to take out from the bill any reference to Ngati Whaoa. In doing so I am representing at least that runanga and of course the Committee will make a decision on that amendment. I say to the Minister that I accept there are some complications regarding this matter but I can say that the issue of Ngati Wahiao - Tuhourangi was definitely placed on the agenda at the select committee process and we hoped that it would be dealt with. Unfortunately of course it came back from Te Pumautanga o Te Arawa and it did not quite pan out so I am obviously following a duty to place this issue in front of the Committee. 
The other issue I raise is in respect of Ngati Tukiterangi. Again I thought this issue had been dealt with relatively easily because there was a select committee process and an agreement by those concerned and those at the hui that Ngati Tukiterangi is a part of Ngati Wahiao - Tuhourangi—it is a hapu. There was an agreement to that effect and we thought Ngati Tukiterangi would take that away. I thought there was a clear agreement—and the Hon Tau Henare is nodding too—that that could be added to the bill with not too much hassle. 
Hon Dr Michael Cullen 
: It has been. 
TE URUROA FLAVELL 
: I am sorry I did not hear that. I am sorry about that. If that has been dealt with I am pleased. I heard from the Associate Minister and I thought that matter had not been dealt with so that is why I raised it. I am happy with that if it has been dealt with. 
Those are three of the issues I wanted to raise in Part 1. As I say I have some amendments. I know they will go through the process but at least I can say I raised those issues in the Committee. A real concern as I say particularly in respect of Ngati Wahiao is its belief in wanting to maintain and set the scene for the Whakarewarewa bill with a mandate from its organisation. Similarly the concern of Te Runanga o Ngati Whaoa is that the iwi be taken out of the bill. I have the minutes of meetings that Te Puni Kokiri officials have been at where there was a desire on the part of Te Runanga o Ngati Whaoa to be pulled right out of this agreement for better or for worse. The runanga made that decision and I place that in front of the Committee for consideration. I think at this point in time that those are the two or three issues that I wanted to raise. I will leave it there maybe for a response from the Minister. Kia ora tatou.