Finlayson Christopher: Ngati Pahauwera Treaty Claims Settlement Bill — Third Reading 
Finlayson Christopher: Ngati Pahauwera Treaty Claims Settlement Bill — Third Reading 
[Volume:678;Page:1516] 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 I too acknowledge the people of Ngati Pahauwera and welcome those who have travelled from the Hawke’s Bay and are here in the gallery to listen to this the third reading of their claims settlement bill the Ngati Pahauwera Treaty Claims Settlement Bill. I acknowledge those who have worked so hard to make this day possible and I join in what Mr Horomia said about what kind people they are—generous in spirit. My first meeting with them was to tell the trustees that there was to be a review of the foreshore and seabed legislation so that part of the negotiations would be on hold and there was to be a review of river arrangements and that part of the negotiation was to be on hold. But I think they would agree with me that the new Hawke’s Bay model is going to work very well and I acknowledge the work they did with Fran Wilde and with the Hawke’s Bay Regional Council to put those new mechanisms in place.  
In their dealings with the Crown the trustees have been gracious. They have conducted themselves with great honour and dignity throughout all negotiations and I place on record how much I enjoyed working with them. I am very very pleased that many are here today to witness this third reading so that their Treaty settlement can pass into law.  
This bill settles the Treaty grievances of Ngati Pahauwera. In this bill the Crown acknowledges its breaches of the Treaty offers an apology to Ngati Pahauwera and provides for cultural financial and commercial redress. The passage of the bill marks a historic point in time a point where the Crown and the iwi stand together as the Crown takes responsibility for its past actions and omissions some of which I want to refer to now. During the process of land alienation that began in the 1850s the Crown failed to make sure that Ngati Pahauwera had sufficient lands for its future needs. By the mid 20th century Ngati Pahauwera was virtually landless and ever since they have suffered economic social and cultural impoverishment.  
During the New Zealand Wars Ngati Pahauwera communities at Mohaka were left virtually defenceless because their warriors were away with the Crown’s forces. The Crown ignored warnings of a possible attack on communities at Mohaka. When the attack occurred the Crown provided minimal assistance to help Ngati Pahauwera recover from the attack on their pa and kainga.  
There is a detailed apology in the deed of settlement and I hope that very soon I will be able to travel to Mohaka to formally read that apology out. The deed of settlement also records that Ngati Pahauwera acknowledge that the Crown’s apology represents its commitment to build a positive relationship with Ngati Pahauwera and to honour its obligations under the Treaty for the good of this and future generations. So they accept the apology offered by the Crown and look forward to building a positive relationship with the Crown.  
Ngati Pahauwera has travelled a long but rather different road than is usual to have their claims addressed by the Crown. In 1994 the Maori Land Court made an order appointing eight people to represent the iwi in the prosecution and settlement of their Treaty claims against the Crown. The tribunal reported on the historical claims of Ngati Pahauwera in 1992 with the great Mohaka River Report and in 2004 with the  
Mohaka ki Ahuriri Report 2004 
. In May 2008 terms of negotiation were signed for a combined negotiation of their Treaty of Waitangi claims and their foreshore and seabed interests. An agreement in principle setting out the broad components of the Crown’s settlement offer was signed on 30 September 2008.  
Since then the trustees and the Crown have negotiated very intensively. A draft deed of settlement to settle the claims was ready for ratification on 4 November 2010. An overwhelming 99 percent of those who voted in the ratification of the deed endorsed the work of the negotiators in approving the deed of settlement. On that wonderful day 17 December 2010 Ngati Pahauwera and I signed the deed of settlement at Mohaka. I was very pleased that Mr Horomia was there to support me. It was a very special occasion for all those who attended.  
This bill gives effect to the agreement to a final settlement of all historical claims of Ngati Pahauwera. Its provisions enable cultural redress to be provided to the iwi including as Mr Horomia said the vesting of Te Heru o Tureia in Ngati Pahauwera and the subsequent gift of a major portion of the area to the people of New Zealand as a historic reserve and the retention by Ngati Pahauwera of Nakunaku as a historic reserve and subject to a conservation covenant Te Heru o Tureia. There is the vesting of 14 other cultural redress sites. There is provision for Ngati Pahauwera to be involved in managing the taking of hangi stones from the Mohaka River and a statutory acknowledgment over the relevant part of the Earthquake Slip Conservation Area.  
The bill provides for some aspects of commercial redress: financial redress of $20 million authorising the transfer of five former Wairoa District Council properties to the iwi the purchase of licensed land within the Mohaka Forest and a right of first refusal over Crown land in a designated area. As Ministers are compelled to say every time a settlement bill is debated in this place the redress provided can never fully compensate for the loss of life land and opportunity. I trust that the agreement reached with Ngati Pahauwera which is embodied in this bill will enhance the relationship between the Crown and Ngati Pahauwera into the future.  
The enactment of this settlement is a historic milestone. It is a very important step in this country’s progress towards settling historical Treaty claims. I know that you Mr Assistant Speaker Robertson and all members of the House are increasingly aware of the large volume of bills proceeding through the House at various stages. For example four other Treaty bills are being read for a third time today. All these bills represent significant progress and in different ways the resolution of complex and longstanding Treaty claims. I acknowledge the work continuing all around the country to achieve Treaty settlements.  
There are many people who have contributed to this settlement over the years. I acknowledge the contributions of my predecessor the Hon Dr Michael Cullen as well as those of the Hon Mr Horomia who signed the agreement in principle with Ngati Pahauwera in 2008 and is always such a good person to chat through issues as they arise. I acknowledge my Ministerial colleagues in particular the Minister of Maori Affairs the Minister of Conservation and the Minister for Land Information.  
I wish to acknowledge the valuable support and contribution made through the work of many Government departments and officials who contributed to this settlement. I have already mentioned the great contribution of Fran Wilde my negotiator who thoroughly enjoyed working with Ngati Pahauwera. I know she would very much want to be present today but her work as chair of the Greater Wellington Regional Council has taken her out of town I think.  
Most important I want to acknowledge the hard work and commitment of Ngati Pahauwera and particularly those who negotiated this settlement and to thank them for their dedication on behalf of their iwi. It has been absolutely vital in the path towards settlement. I know that this claim has dominated their lives and negotiating this settlement has come at tremendous personal cost. I do not think many New Zealanders really understand the sacrifices made by leaders such as these on behalf of their people and I commend them for their commitment. But our business is not yet concluded. I know that Ngati Pahauwera want very much to talk to me about the marine and coastal area in the near future and I want to tell them that I am looking forward to this negotiation.  
In conclusion I wish all the best for Ngati Pahauwera—their elders their descendants their negotiating team and their trustees—and wish them all the very best for the future.