Finlayson Christopher: Ngati Toa Rangatira Claims Settlement Bill Haka Ka Mate Attribution Bill — Third ReadingsText is incorporated into the Bound VolumeFinlayson Christopher: Ngati Toa Rangatira Claims Settlement Bill Haka Ka Mate Attribution Bill — Third Readings[Sitting date: 16 April 2014. Volume:698;Page:17389. Text is incorporated into the Bound Volume.]Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I moveThat the Ngati Toa Rangatira Claims Settlement Bill and the Haka Ka Mate Attribution Bill be now read a third time. I begin by offering warm greetings to the people of Ngati Toa Rangatira—to those in the public gallery and those out at Takapūwāhia Marae who have gathered today for the third reading of their settlement legislation.Today as well as progressing these bills on their way to enactment we acknowledge those people who strive to make a Ngati Toa Rangatira settlement possible despite what seemed at times to be very unfavourable odds. It is impossible to name all the individuals who have played a significant role. However we must mention the negotiating team of Te Kaha which consisted of Matiu Rei and I am sure he will not mind my acknowledging him as New Zealand’s best bush lawyer; Iwi Nicholson; Tiratū Williams; Miria Pōmare—I am delighted to see her here this morning with her daughter—and Te Ariki Wineera Jr who in turn was supported by many other individuals including Jennie Smeaton. There are also the past and present chairs of the rūnanga Mrs Ruta Rene Bill Kātene Robert Solomon Riki Wineera and Taku Pārai.We cannot go further without acknowledging the many people who championed historical claims filed with the Waitangi Tribunal and the people who gave evidence in the tribunal hearings and the inquiries. I am sure that Ngati Toa Rangatira would want me to mention two very special friends of the iwi over many years: Richard Boast their historian and Deborah Edmunds their lawyer.The third reading of these two bills is the start of a highly significant day for eight iwi—eight iwi with claims against the Crown who between 2010 and 2013 have all signed deeds of settlement agreeing to settle those claims. Today is the culmination of years and years of work by many individuals to see some justice for their tūpuna and for future generations.In many people’s minds the identity of this great iwi is synonymous with Te Rauparaha a Ngati Toa Rangatira leader of the 19th century who has left a deep impression on the New Zealand psyche as one of our truly historical figures. The 19th century was a time of great upheaval for Māori across this land and a formative time for what is now modern-day New Zealand. But Ngati Toa Rangatira were a people before Te Rauparaha and continue to be a people today with a history and a future beyond that legacy.This iwi are a people of theTainui waka who for many generations occupied the coastline around Kāwhia on the west coast of the North Island and were kaitiaki of the resting place of theTainui waka. In the early 19th century due to increasing pressure from Waikato tribes and ongoing conflict Ngati Toa made the decision to leave Kāwhia permanently and migrate south. They moved south to the Cook Strait region with allied iwi settling principally around the shores of the Porirua Harbour and on that wonderful island Kāpiti Island. Further heke and taua with allied iwi were then undertaken across the Cook Strait from the Kāpiti coast. Following their migration south Ngati Toa Rangatira established a very powerful position in the Cook Strait region. Their position was based on military victories relationships with other tribal groups and trade with Europeans.The tide significantly changed for Ngati Toa Rangatira with the increasing demand from incoming settlers seeking Māori land. This tension reached a climax when in 1843 Ngati Toa Rangatira asked surveyors for the New Zealand Company to stop surveying their land in the Wairau Valley. Te Rauparaha had already asked Commissioner Spain to intervene and stop the New Zealand Company from undertaking this activity.While awaiting the arrival of Commissioner Spain Ngati Toa Rangatira told one of the surveyors he had to leave and then set fire to the hut that the surveyor had built to temporarily live in. The survey party was not harmed. With the arrest warrant for Te Rauparaha and Te Rangihaeata for the crime of arson a group of people recruited for the purpose arrived from Nelson and as many know the attempt to arrest Ngati Toa Rangatira leaders erupted into gunfire and ultimately the deaths of nearly two dozen Europeans and nine Māori.I say all this because it is important to encourage all our fellow countrymen and women to read the historical account in the deed of settlement as it sets out this detail in the deed of an incident that in the past has often been recounted from only one perspective. The deed contains an agreed account of this clash between the Crown and Ngati Toa Rangatira. The clash in the Wairau which came out of the competing desires for land was a turning point for the relationship between the Crown and Ngati Toa and had very long-term consequences for the iwi.An important part of this settlement is the Crown’s acknowledgment that its actions since 1840 have ultimately left Ngati Toa Rangatira virtually landless and without resources in both the North Island and the South Island. As I have just mentioned in relation to the Wairau incident the mid-1840s was a key period in the relationship between Ngati Toa Rangatira and the Crown. It was during this time that the Crown through political and military means sought to establish its authority in the middle of our land and reduce the power and influence of senior Ngati Toa Rangatira leaders.During 1845 Te Rangihaeata and his section of Ngati Toa Rangatira supported the claims of their allies living on disputed land in the Hutt Valley. Te Rauparaha for his part took a mostly neutral stance not opposing the actions of his nephew but not wanting to see conflict. These tensions led to several violent incidents. In July 1846 the Crown seized Te Raparaha and several other Ngati Toa Rangatira chiefs at Porirua. The Crown detained Te Rauparaha without trial for 18 months. He was never charged or tried for any offence.In 1847 whilst he was in captivity and Te Rangihaeata was in exile the Crown purchased several extensive Wairau and Porirua districts from several younger Ngati Toa Rangatira chiefs who hoped to secure Te Rauparaha’s release. These purchases undermined the influence of other senior Ngati Toa Rangatira and left a sense of grievance among the iwi who feel that the Crown’s actions violated the rights of other leaders of their iwi. So the history is very very important and that is why we have this settlement today.I want to conclude by saying something about the Haka Ka Mate Attribution Bill which is a very important piece of legislation. It provides an attribution right in favour of Ngati Toa Rangatira in relation to the haka. It is novel legislation. It is very very tentative and that is why in 5 years’ time there will be a mandatory review of it. Through this settlement the Crown acknowledges the significance of Ka Mate as an integral part of the history and the culture and the identity of Ngati Toa and as kaitaiki of the haka they have sought to protect the haka from culturally inappropriate and offensive use.What we have here is I believe exciting legislation. It is the very first tentative step by the Crown towards recognition of traditional cultural expressions and I hope wehave more enlightened commentary on this legislation than we had in theDominion Postwhen the agreement in principle was signed because it had an article that said “All Black haka goes to Māori”.So congratulations to all those who have been involved in this matter. I particularly acknowledge my Crown officials for the work that they have done and my chief negotiators: first Ross Philipson and that wonderful former Labour MP Paul Swain. Why more of his colleagues are not like him I do not know.This is a very hard-won settlement. It has been hindered for far too long by litigation and at times mindless opposition by other parties. I hope that people commemorate this day long into the night at Takapūwāhia. I feel very privileged to have been the Minister over the past 5 years working with this wonderful iwi and today I can finally breathe a sigh of relief. As I always say about settlements it is not the end; it is the end of the beginning but it is the sign of what I hope will be a great relationship and I am very much looking forward to seeing the development of the haka Ka Mate legislation that is going to occur in the next 5 years. I commend these bills to the House.