Harawira Hone: Policing Bill — In Committee 
Harawira Hone: Policing Bill — In Committee 
[Volume:649;Page:17880] 
HONE HARAWIRA (Maori Party—Te Tai Tokerau) 
: 
 Tena koe Mr Chairman. Kia ora tatou e te Whare. I was not going to speak but I had a good korero with my whanaunga the Hon Shane Jones and he gave me my instructions so what I have to say can be put down to Mr Jones. 
Hon Member 
: You take instructions. 
HONE HARAWIRA 
: I have taken my instructions. Although he said a bit like the rugby stuff : “Nga mea e kotiti haere hakoa te hikoi me waihotia ki te hikoi.”—those things that go travelling in the night on the marches leave those to the marchers. 
Talking about Part 2 I must say that I was particularly upset to note that in the list of principles there is no mention of the Treaty of Waitangi. There is no mention of the principles of the Treaty of Waitangi and no mention of anything at all about the Treaty of Waitangi. I find that quite appalling—as does my whanaunga Mr Shane Jones who has also marched on many a march with me for Treaty rights—considering the relationship of the police in this country with Maori. If ever there was legislation that cried out for the inclusion of the principles of the Treaty of Waitangi then it is this legislation. I note also the very strong comments from the Commissioner of Police’s Maori focus forum which strongly recommended that the Treaty of Waitangi be included and which was very very upset to find that it had not been. 
The involvement of Maori with the police and the armed constabulary goes back to the days of Hone Heke and his troubles with the armed constabulary at Kororareka and in other places—and it just so happens that the Friday just gone was the anniversary of the death of Hone Heke. The police have often been seen to be supporting the Crown in actions that are not particularly legal. And it is not just in the past either; we are talking about Hokianga and the dog sales—the dog tax—through to Takaparawhau and the fight for Bastion Point from Whangaroa Raglan and the role of the police there in trying to enforce the requests of the Minister and all the way up to what happened with Tuhoe quite frankly. The involvement of the police has always been very very much criticised by Maori so one would have thought that if ever there was legislation where the principles of the Treaty might have effect then it is this legislation. Yet this bill shows nothing about that at all. 
I recall a number of occasions where I have had direct contact with the police. Some of them have been edgy; in fact all of them have been that way except for the hikoi. The reason why the hikoi was not was that somebody high up recognised the value of the Maori liaison officers put them alongside the hikoi and reduced the tension immediately right from the very first day such that when we got all the way to Wellington Wally Haumaha shook my hand and said: “Congratulations! A thousand kilometres 40000 people and not one arrest.” That was an expression of the recognition of the Treaty I think—the way that somebody recognised a way in which that situation could be managed—yet those principles are not even considered here. So I think that is a huge flaw in this legislation. 
I make the point also because I note that Maori Ministers and Maori members of the Labour Party have been hugely critical about Maori Party MPs and myself in particular who talk about the fact that those members have often voted against the Treaty. For example they voted to take the Treaty out of legislation and they also stood silent while the Treaty was taken out of the curriculum. The Treaty is critical to Maori in every piece of legislation with this one being the most important. 
This year we thought we would do our bit to help Labour members because they are in such desperate straits in the polls. We are trying to revive Labour so that it becomes a coalition option for the Maori Party. We thought we would put forward an amendment that might give the Labour Maori MPs an opportunity to win back something in terms of the Treaty. We will put forward an amendment that gives effect to the Treaty of Waitangi in the interpretation and administration of this legislation. Clearly we are putting forward a Treaty of Waitangi clause that will enable those Maori members of the Labour Party to actually vote for the Treaty and take away the stain of their having voted to take the Treaty out of all other legislation in recent years. So I signal that we will put forward that amendment later. 
I take also the comments from other members about the roles of other people such as commissioners and deputy commissioners. It has always been a suggestion of the Maori Party that Wally Haumaha’s status be upgraded to that of assistant commissioner not only because he might become the Commissioner of Police one day but also because if he is at the level of at least an assistant commissioner or a deputy commissioner then he must be included in discussions about operations such as the one that involved Tuhoe. That would give him the opportunity to involve his men and it would ensure that the kind of debacle that happened there last year does not happen again. And this is not because I say so but because the Solicitor-General has ruled that it was a pointless exercise. There were no terrorists up there. There may have been firearm charges but there were no terrorists. 
In terms of the status of some of the officers my amendment is an opportunity to give value to the Treaty of Waitangi and to include those principles in the legislation. I would like to see Labour members support my amendment to include the Treaty of Waitangi in this legislation. It gives everybody the opportunity to see this bill as finally giving recognition to dare I say it a very special relationship between the police and Maori in this country. As we are updating this legislation I would love to see something from the far gone past included to ensure that our pathway is a brighter one in the future. Thank you Mr Chairman.