Finlayson Christopher: Ngati Manuhiri Claims Settlement Bill — Second Reading 
Text is incorporated into the Bound Volume 
Finlayson Christopher: Ngati Manuhiri Claims Settlement Bill — Second Reading 
[Sitting date: 19 September 2012. Volume:684;Page:5479. Text is incorporated into the Bound Volume.] 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 I want to thank the Maori Affairs Committee for its very good work. This bill the Ngati Manuhiri Claims Settlement Bill raised a number of issues in the select committee and I think the committee navigated its way through the 100-odd submissions extremely well. There were two issues that arose and I want to touch on both of them very briefly. 
The first issue averted to by Mr Horomia concerns the co-governance of Te Hauturu-o-Toi. Every Treaty settlement is important. Every stage of its implementation is a major milestone. But at the select committee a number of submissions were received relating to the island. Most of the submitters who opposed the bill are in fact affiliated to Ngati Wai and they were very worried that settling first Ngati Manuhiri would settle Ngati Wai grievances. There is no dispute that hapu and whanau of Ngati Wai who do not affiliate to Ngati Manuhiri do have longstanding customary interests in Te Hauturu-o-Toi. Those interests are recognised by Ngati Manuhiri today and are referred to actually a number of times in the Ngati Manuhiri deed of settlement including in the agreed historical account. There is no doubt that Ngati Wai historical grievances other than those of Ngati Manuhiri are not being settled through this bill. This settlement is for the descendants of the tupuna Manuhiri and no other. 
What became obvious during the select committee hearings was that the drafting relating to co-governance arrangements with the Department of Conservation over the island was very prescriptive. As written the bill did not adequately consider the possibility of other groups becoming involved in those governance arrangements. That was very significant as it had not been the intention through this settlement to freeze out other groups. So the recommendation came back from the select committee for a new clause clause 96A. It is very important as it makes it clear beyond doubt that the bill would not prevent other iwi from becoming involved in the co-governance arrangements if other enactments provide for that and I am very much looking forward to commencing negotiations with Ngati Wai very soon. This amendment has been agreed to by Ngati Manuhiri and their deed of settlement has been amended to ensure that the recommended change is consistent with the deed. 
The second issue concerned the gift and gift back of the island. There was a concern that that arrangement conveyed exclusive mana whenua to Ngati Manuhiri. Gift-back arrangements are used in situations where the land has a high conservation or other value and the Crown wants to retain ownership but where significant historical grievances need to be addressed. This was a very important part of the Ngati Manuhiri negotiation. But let me make it clear: there was no intention by the Crown or Ngati Manuhiri for the gift back to convey exclusive mana whenua to Ngati Manuhiri or otherwise alter customary interests in the island. The select committee heard the various submissions on this topic and then Ngati Manuhiri and I agreed that further assurance should be provided so we have amended the deed of settlement to include a clause stating that for the avoidance of doubt the gift back is not intended to convey exclusive mana whenua over Te Hauturu-o-Toi. I have to say that these statements of clarification do not belong in legislation but I bring it to the attention of the House as a further and positive outcome from the very good work of the Maori Affairs Committee chaired by Mr Henare. 
With those comments I will leave it there. I will be more fulsome in my third reading speech but I thought it was important to emphasise the fact that the select committee dealt with this matter extremely well. Those two issues were extremely sensitive. They gave rise to quite a number of submissions and I hope that we have as it were solved things so that Ngati Wai interests will not feel anxious any longer.