Harawira Hone: Waitakere Ranges Heritage Area Bill — Procedure First Reading 
Harawira Hone: Waitakere Ranges Heritage Area Bill — Procedure First Reading 
[Volume:629;Page:1395] 
HONE HARAWIRA (Maori Party—Te Tai Tokerau) 
: 
 Since time immemorial whanau hapu and iwi have been the custodians over the lands mountains waterways and airspace within each tribal area. As kaitiaki we have assumed the responsibility of caring for the environment to the best of our ability and for the benefit of all. Noku tenei whenua no oku tupuna. This is my land given to me by my ancestors. Such is the thinking that guides our thoughts on the Waitakere Ranges Heritage Area Bill. I am pleased to speak to the bill because the Waitakeres fall within the boundaries of Te Taitokerau. The bill aims to promote the natural regional and local significance of the area which extends from the Manukau Harbour to Titirangi Karekare Piha Muriwai and Tirikohua Point. 
The Maori Party welcomes initiatives that provide innovative solutions to enduring environmental issues. The challenge for us here is simple: it is to decide whether the bill provides such solutions. The bill offers protection but whose interests does it protect? Does it protect private property rights? Does it protect those who have already built in the Waitakeres and do not want others to join in sharing the beauty they enjoy? Does it protect the rights of the tangata whenua? Does it protect te taiao which includes the flora and fauna? Or does it just protect jobs for the Auckland Regional Council the Waitakere City Council the Rodney District Council the Department of Conservation and all the resource management consultants? How will the voices of Ngati Whatua Nga Rima o Kaipara Te Uri o Hau Ngati Rongo Te Kawerau-a-Maki Ngati Whatua ki Orakei and all those who share common whakapapa ties to this land be sustained in an ongoing and a meaningful way? 
Tangata whenua have a vested interest in protecting the Waitakere Ranges for generations to come. It is their right to be party to and to direct such measures as will ensure the well-being and good health of the environment. It would also be wrong to assume that when Te Taumata Runanga gave its support to the draft legislation that meant unqualified support. We draw the attention of the House to points raised by Ngati Whatua Nga Rima o Kaipara which agreed to endorse the legislation on the condition that clause 29(c) which acknowledges the existing rights be enforced. That clause states that the legislation will not limit or affect “the ability of any person to bring a claim … relating to the foreshore seabed or other land or natural resources of the Heritage Area arising out of the Treaty of Waitangi or any Act”. We would hope to see that clause strengthened to ensure the role of tangata whenua is maintained with the passing of this legislation. Indeed if this bill proceeds to a select committee we will do our best to ensure that the status of tangata whenua is not compromised in any way. We are aware that Ngati Whatua and Nga Rima o Kaipara are involved in a partnership of iwi and local councils. 
It is ironic that this bill is being considered on a day when the spirit of partnership that lies at the heart of the Treaty of Waitangi is being threatened by another bill being introduced to delete references to the principles of the Treaty of Waitangi from legislation. Well I have some sympathy with the frustrations some MPs have regarding the flip-flop nature of this administration towards the Treaty. Eliminating reference to the Treaty’s principles such as they are will not solve the confusion this House has towards the place of the Treaty. The Maori Party would remind both the member and this House that Te Tiriti o Waitangi did indeed establish a partnership: a covenant that imposes the duty on both partners to act reasonably honestly and in good faith. Within that covenant is the commitment that Maori will retain rangatiratanga over their resources and taonga and have all the rights and privileges of citizenship. What that means is part of the debate we are yet to have. 
At this point we turn again to this bill and the concept of protection. We will be watching this bill to ensure that the Crown’s duty of active protection of Maori access to and use of their lands and waters is complied with and we remind the drafters of this legislation that the provisions of clause 29 also cover three specific land interests including Kauwahia Island Ihumoana Island and the constable Maori reserve. Ngati Whatua holds an interest in those lands and waters and indeed in all areas considered for inclusion within the proposed bill. Unfortunately over the last 50 years the environment has degraded to the extent that it needs urgent attention if it is to survive into the next century. We applaud the precautionary approach described in the bill which aims to prevent outcomes that impact adversely on the heritage feature particularly the threat of serious or irreversible damage to the environment. 
The Maori Party will support this bill going to the Local Government and Environment Committee and we will probably follow very closely what occurs. We look to the select committee process to see that Ngati Whatua and Te Kawerau-a-Maki get a fair hearing and that they are fully involved in round-table discussions that are reasonable honest and done in good faith.