Waitangi National Trust Board Amendment Bill — Second ReadingText is incorporated into the Bound VolumeWaitangi National Trust Board Amendment Bill — Second Reading[Sitting date: 20 May 2015. Volume:705;Page:3484. Text is incorporated into the Bound Volume.]Waitangi National Trust Board Amendment BillSecond ReadingHon MAGGIE BARRY (Minister for Arts Culture and Heritage): I move That the Waitangi National Trust Board Amendment Bill be now read a second time. Kua hinga te tōtara o Te Wao-Nui-a-Tāne. Ka tangi a Ngāti Hine ka tangi te motu. Ko te poutokomanawa o Te Reo kua wahangū. A tree has fallen in the great forest of Tāne. Ngāti Hine mourns and the nation mourns with them. A mainstay of the Māori language has been silenced. I begin by acknowledging the passing of Ērima Hēnare the widely respected and beloved Ngāti Hine leader who among his many roles was a member of the Waitangi National Trust board and who made an excellent contribution to that board.This bill amends the Waitangi National Trust Board Act 1932. Its principal purpose is to make changes to the membership of the trust board and to provide fixed terms of appointment for board members. In doing so it will provide a new framework for the ongoing relationship between the Government and the board. The responsibility of caring for the birthplace of our nation the place where the Treaty of Waitangi was first signed is a significant task. It is one that the Waitangi National Trust Board has discharged since the Waitangi estate was gifted to the nation in 1932 by Lord and Lady Bledisloe.The Waitangi National Trust Board’s aspirations extend beyond maintaining the Treaty House and its grounds to making sure New Zealanders can learn about their history and understand the historical and contemporary role of the Treaty of Waitangi. The board is doing this partly through a major development programme to build a new museum and education centre at the Treaty grounds. Work on the new museum is progressing well and when completed hopefully by Waitangi Day next year it will further enrich the visitor experience and enable the unique story of the development of our nation to be told in a more detailed and accessible way.I am sure that such developments would have been very much approved of by Lord and Lady Bledisloe whose gift of the Treaty grounds and its surrounding estate to New Zealanders has enabled the constitutional and heritage values embodied in the site to be shared with current and future generations. In this spirit it is essential that the organisation responsible for one of our most significant historical sites has a suitable governance structure to support its aims and aspirations for the future while also staying true to the original intent of the board when it was formed.The purpose of the Waitangi National Trust Board Amendment Bill is to create a clear separation between the Government and the board while also setting up a new framework for positive relations between the board and the Crown. This bill is deliberately narrow in its focus. It specifically removes the Governor-General the Prime Minister and two Government Ministers from ex officio positions on the board. It addresses the real or perceived potential conflict that could arise under the current structure by virtue of such ex officio members being on the board while also having a constitutional role.Clause 6 inserts new section 4A which establishes a statutory Crown representatives group comprising the Prime Minister the Minister for Arts Culture and Heritage and the Minister for Māori Development. This group will provide a clear link between the board and the Government and will encourage open and positive dialogue. The bill allows for the Governor-General to be an honorary patron of the Waitangi National Trust should he or she so choose. The bill also provides for two members of Parliament to be appointed to the board. New section 4B in clause 6 requires one new full board member to be nominated by the Prime Minister and one to be nominated by the Leader of the Opposition. Creating these two new positions ensures ongoing Government and parliamentary input into the work of the board and a direct link to the elected representatives of New Zealand.The bill restricts the length of time a board member can serve. It creates 3-year terms for most board members who will then be eligible to serve for up to three terms—that is 9 years in total. The two members of Parliament being added to the board will serve for the duration of the parliamentary term in which they are appointed unless they become Ministers or leave Parliament first.The Māori Affairs Committee received three written submissions. The committee has recommended an amendment to the bill to increase the representation of Māori families on the board so that each of the four families currently represented on the board would have its own member. At present there is only one representative for four Māori families. The committee recommended this amendment in response to a submission from one of the families. The amendment has been included in the bill as clause 3A which amends section 2 of the Act.In recent years the board has standardised appointment processes for new board members. It has taken steps to make these appointments transparent through advertising and disseminating widely the call for nominations. I would expect that the appointment of additional Māori family representatives to be in accordance with this rigorous selection process.Although I understand the committee’s reasons for recommending the amendment concerning representation of Māori families it raises questions about whether the current basis of representation on the board should be reconsidered more broadly. I am therefore initiating a wider review of the Waitangi National Trust with the aim of ensuring the best possible governance and management of the Waitangi estate.The review will also respond to issues raised by the board in its submission on the bill. Although supporting the intent of the bill the board asked for changes to its powers and to penalties for offences and by-law breaches under the Act. These matters are outside the narrow focus of the current bill but will be considered as part of the wider review. Generally speaking it is my intention that the review will look at the role composition and powers of the board; the appointment process and criteria for board members; how best to provide for iwi Māori involvement in the governance of the trust; offences and by-laws on the Waitangi estate; and the financial sustainability of the trust. By establishing a framework for continued positive relationships between the board and the Government I believe the bill will create the necessary conditions for a wider review of the trust to take place.I wish to thank the chair and members of the Māori Affairs Committee for consideration of submissions during the select committee process. I am pleased to note that there is broad cross-party support for the bill and I am confident that the bill will provide for a positive and cooperative relationship between the Government and the board. I look forward to progressing the bill through the House.Hon NANAIA MAHUTA (Labour—Hauraki-Waikato): E tika ana me tāpiri taku mihi ki tērā rangatira rongonui tērā tōtara a Ērima nō reira e te rangatira moe mai moe mai rā.[It is fitting that I add my tribute to that well-known leader and tōtara Ērima; so to you revered one sleep rest there.]I would like to also support the Minister for Arts Culture and Heritage’s acknowledgment and recognition of the former board member the late ĒrimaHēnare and his contribution not only to the Waitangi National Trust Board but also in other fields as a contribution to New Zealand’s history. Nō reira e te rangatira e kore e mutu ngā mihi ki a koe [Consequently my tributes to you esteemed one will never end].The Minister has covered much of the consideration of the Māori Affairs Committee but I thought it would be useful to share some of the considerations of the select committee when we made the changes that were referred to. Much of the history with regard to the gift of lands and the establishment of the trust board was leaned upon to consider the submission request certainly of Arapeta Hamilton and the recommendation that thought be given to equity of representation of family members. I want to draw the attention of the House to Vernon Reed’s history and recollection of the Bledisloe gift because that is the basis upon which we thought it would be only fair to consider the addition of Māori family members of those stated.For those who are history buffs I would call on your own thoughts surrounding the way in which members were added to this particular board. Indeed in a brief way Henry Williams and Tāmati Waka Nene were the first named representatives on this board and then Edward Gibbon Wakefield was added and then that fell to identified representatives Hone Heke Maihi Kāwiti and Pōmare to be included. What was not factored into the process was that for the four Māori whānau one representative actually had to give voice to those interests whereas for the other whānau each family member was able to have a representative of their own. I have heard the Minister say that a transparent process should occur for the selection of those members and I am sure that the current convention of those four Māori whānau to select their representation has some process to it. Far be it from me to try to articulate that but the point should be made that there would be—certainly within those family members—an agreed way to be able to select their particular member.Of more interest and note I think in our deliberations was the submission from the board. The board appeared keen in its submission to ensure that the future thinking about the way in which the Waitangi National Trust Board conducts its business and affairs were within the frame of modernising the scope and power. So we welcome—certainly as a select committee—the indication from the Minister that there will be a review. In fact when the Minister appeared before the select committee to answer some of the questions that we had in our own minds around clarity for the review we were heartened to know that a broad review would take place that there would be consultation with the board and that it would be in quite a defined time frame although no reference was made to urgency on the legislative timetable. We know how these things work Minister. So that was a very comforting kind of response. However that said we did continue to believe that it was within the scope of the bill to include representation of the Māori members and that is how we have reported back on this particular bill.We also believe that some of the powers that were identified by the board’s submission were useful to raise in this House as well. The board wanted practical things: powers to manage and protect the trust’s assets into the future. That would be a part of the modernisation process. It stated that it was important to consider the scope of the trust to be able to borrow to remove some of the lease restrictions that were on it and to include further provisions relating to the management and utilisation of the forestry block in the Waitangi endowment land. For my part in reading the submission and trying to understand the current operating limitations perhaps of the board I thought that these were all very genuine useful suggestions and they could be picked up in the review that the Minister has committed to.One of the things that the board raised in its submission was the ability to increase penalties for offences and breaches of by-laws. I did not kind of pursue a question line along this frame but it seemed to me that if it had asked for it it might well be something to consider going forward.We did ask the question as we considered the two particular land blocks that are associated with the trust—firstly the forestry block and then the endowment block—as to whether any of these two pockets of land were subject to Treaty settlements. In relation to the forestry block we were informed—and officials had this contained in their advice—that this is solely private land and it would not be subject to settlement. However there is a potential for the endowment block being subject to settlement because it is actually owned by the Crown.Can I say for my part given that the original Bledisloe gift was for the benefit of New Zealand the Bledisloes have done our country a great service to ensure that the document that defines our country the Treaty of Waitangi and the place for where those celebrations can occur should be something that we can continue to support in the spirit of what the Treaty represents for this country. It would be a sad day if the transfer of the endowment was handled in a transactional manner that did not take account of the significance of Waitangi as the place where our founding document was signed. So I place that on the table. Maybe it is something that will be debated at some later time and in another type of debate.Can I say that we are really privileged at the Māori Affairs Committee to have the kinds of conversations and debates that require us to pursue with some diligence the issues that would in other select committees divide a committee—divide the views of committee members on a number of things—but that did not happen in this particular instance. Where we felt that there was some tension around expanding the membership in front of a review we took time to consider what we were trying to achieve here. Can I say in the spirit of our committee that we have basically landed on the fact that it is about equity of representation. Yes perhaps the board is a large board. Yes perhaps it could make decisions round the table somewhat lengthy. However the spirit of the decision making at this particular board I would hasten to say is probably a little bit different to that of some other boards.On that note in relation to the decision around shortening the time of service of the members on the board to a maximum of three terms we had some further discussion on this and this may also come up in the review. Certainly in relation to the membership of the Māori members where mana is recognised and where the contribution of service is recognised often it is a lifetime appointment and nothing an individual can do can get them away from that. So although in this particular change to the bill there is a stipulation of a 3-year maximum term I would much rather think that in the review this may be one of the issues that will be revisited based on how representation over time has conducted itself in the best interests of the people of Māori but certainly in the spirit of the Waitangi National Trust Board to ensure that our overall interests as a country can be represented on this particular board.I am looking forward to the opening of the new centre. I am looking forward to continuing to see young people go to Waitangi as a part of their national education programme about the history of our country just as I enjoy going to Anzac ceremonies and seeing that particular day celebrated in the way that can make us proud as New Zealanders. Kia ora tātou. We support the bill.NUK KORAKO (National): E mihi atu ki a koe e te Mana Whakawā ā huri noa i te Whare ka mihi. Before I begin I too would like to acknowledge the passing of Ērima Hēnare and in particular his service on the Waitangi National Trust Board since 2007. Nō reira e te rakatira o Te Tai Tokerau haere atu rā. E haere atu rā ki te pao o te whakawairua. E takoto mai takoto mai takoto mai. Nō reira e te rakatira okioki i roto i rakimārie. Nō reira moe mai moe mai. E te whanau pani ā ki a koe Peeni ka nuinui te mihi ka nuinui te aroha. Kia kaha kia māia ā kia manawanui.[Therefore farewell to you revered one of Northland. Depart as the ditty of spirituality resonates. Lie down lay down and lie there; rest in peace. So close your eyes and sleep. To you the bereaved family and to you particularly Peeni many many condolences and empathy to you.Be strong brave and resolute.]I am proud to stand as a member of this House and as the chair of the Māori Affairs Committee for the second reading of the Waitangi National Trust Board Amendment Bill. I tautoko the previous speakers who have done a sterling job of giving a very good overview of the bill to date. I want to keep it high level but I want to talk about two important things that were covered by the Māori Affairs Committee and also acknowledge the wider review that will pick up a lot of what the previous speaker highlighted.Many consider the first Waitangi Day to be 6 February 1932 although Waitangi Day was not celebrated annually for another 15 years after that and even then there were no Māori present. So 1932 is a special year in Waitangi history. It was on that day that the then Governor-General Lord Bledisloe gifted the former home of James Busby where the Treaty was signed to the nation. The house and surrounding grounds were dedicated as a public reserve and placed under the guardianship of the Waitangi National Trust Board.We have come a long way since 1932. Waitangi Day is now widely recognised as our national day—the day that marks the birth of our nation. The historic Treaty grounds now play a central role in our annual celebrations. If Waitangi Day marks the birth of our nation then the Treaty grounds are indeed its birthplace. As such it is appropriate that we stand here today in this House having recently marked the 175th year since the signing of the Treaty of Waitangi to consider a bill that updates and modernises the arrangements for guardianship of this great taoka this national treasure. That was 79 years ago.The Waitangi National Trust Board was legally established by the passing of the Waitangi National Trust Board Act 1932. The Act appointed two types of members to the board. Under the original Act the trust deed there are seven members representing the following groups: the family of Archdeacon Henry Williams the families of Hone Heke Maihi Kāwiti Tāmati Waka Nene and Pōmare Māori living on the North Auckland peninsula Māori living in the rest of the North Island Pākehā living in the Bay of Islands Māori and Pākehā living in Te Wai Pounamu—the South Island—the family of Edward Gibbon Wakefield and the eighth member is to be a prominent person in the life of this country Aotearoa. In addition there are four ex officio members: the Prime Minister the Minister of Conservation the Minister for Māori Development and the Governor-General if he or she chooses.This bill is the result of a review of the Waitangi National Trust Board Act 1932 undertaken by the Ministry for Culture and Heritage between 2006 and 2008. That review concluded that there is a risk of an actual or perceived conflict of interest between the constitutional roles of members of the executive and the roles they serve on the trust board. So that is the first point particularly about part of the make-up of the board and the roles. It would not be good enough to just remove the Governor-General and Ministers as this would sever an important link a very important link between the trust board and the Crown. Instead the Prime Minister the Minister for Māori Development and the Minister for Arts Culture and Heritage will make up a Crown representative group. This group will ensure continued communication between the trust board and the Government. In addition the Governor-General may choose to be an honorary patron of the Waitangi National Trust and this preserves the historic link between the Treaty grounds and the Governor-General stretching back to the original donation by Lord and Lady Bledisloe.To replace the ex officio members on the board two members of Parliament will be appointed. One will be chosen by the Prime Minister and the other by the Leader of the Opposition. Of course members of Parliament can also be members of the board in representative roles and I acknowledge Pita Paraone for his work as chair of the Waitangi National Trust Board.The bill as it was sent to us on the Māori Affairs Committee also introduced terms of 3 years for board members with a limit of 3 years to be served by each. This was the second point particularly around tenure. This provision will also be applied to current members of the board. The current term of each member will effectively end on the next 3-year anniversary of their appointment. If on that date they would have served for 9 or more years on the board they will be eligible for one further term. It was suggested to us by the Ministry for Culture and Heritage that we amend the legislation to prevent current members from serving an additional 3-year term. We did consider this change. However we decided that the transitional provisions in the bill as originally proposed do strike a sensible balance between complete retrospective application of the three-term limit and allowing current members to serve a further 9 years.I come now to the significant amendment that was highlighted by our Minister which we on the Māori Affairs Committee have recommended. We received a submission from Arapeta Hamilton who pointed out the disparity between Pākehā and Māori members on the board. There are seven families represented on the trust board. The families of James Busby Edward Gibbon Wakefield and Archdeacon Henry Williams are represented by one member each—three members in total for these three Pākehā families. The families of Hone Heke Maihi Kāwiti Tāmati Waka Nene and Pōmare are represented by one member for all four families. Of course the member currently in that role is Pita Paraone. Although he is the chair and some may suggest he is as good as three other people there is an obvious disparity in the representation between Māori and Pākehā.This sort of disparity in Pākehā and Māori representation may have been a normal thing in 1932 but it certainly would not be accepted if such a trust board were established today. Members of the Māori Affairs Committee took the view that this situation is serious it is unfair and it should be addressed soon. The Ministry for Culture and Heritage suggested that this representation would be best considered as part of a planned wider review of the role and composition of the board. The Hon Maggie Barry has been clear in her commitment to hold such a review. We are grateful to her for engaging with the committee and for providing us with the details of what the review will cover. Given the wide-ranging nature of the planned review the Minister of course could not be specific about when any changes resulting from the review would come before this House to be passed.Given the seriousness of the inequity that we believe currently exists in the make-up of the trust board and the uncertainty as to when the proposed review process would make changes to the structure there was a strong feeling within our committee that we should take the opportunity we currently have to correct this anomaly. For that reason we have recommended that when Pita Paraone’s current term comes to an end his position is replaced by four positions that represent those Māori families.We acknowledge that this change is not perfect. We do acknowledge this. It will increase the size of the Waitangi National Trust Board to a size that some would suggest will make it even less effective. And we acknowledge that this may mean that members representing these families serve on the board for a short period only before changes resulting from the review change the make-up of the board yet again. That is really crucial. Finally I thank my committee the Māori Affairs Committee and the Minister for all of the hard work that we have done to get the bill to the second reading. I commend this bill to the House. Kia ora.PEENI HENARE (Labour—Tāmaki Makaurau): Reo Māori e te Māngai o te Whare. Ā kupu mauri ora ki te whei Ao ki te Ao Mārama tihewa mauri ora! Tā te mea ko tēnei he wā tuatahi ka kōrero ahau ki roto i tēnei Whare mai i te matenga o tōku pāpā e hiahia ana ahau ki te poroporoaki atu ki a ia me te mihi anō ki tēnei Whare i whakatuara mai i tēnei ngoikore ki roto i ngā wiki kua pahure ake nei. Nō reira e taku nohoanga titiro ki te awatea taku taumata tiro ake ki te Ao Mārama. E tangi ana tēnei ki a koe e Pāpā me ngā tapuwae kua horahia mai ki runga i te nukuroa e kīa nei te kōrero o tō pāpā a karani pāpā e kore e mōnehunehu te pū mahara te momo rangatira i whakawhiti i te nukuroa o Te Moana-Nui-a-Kiwa kāti ake ko ā ratou tapuwae ki runga i te mata o te whenua he taonga he tapu he taonga he tapu. Kāti te tangi ki a Pāpā! Ka tāpiri atu ko ngā hunga wairua o tēnā o tēnā e hui tahi nei kotahi tonu te kōrero mō rātau haere mai haere!I tēnei tāima ka tahuri atu ahau ki te hunga ora. Koutou e ōku hoa mahi koutou i tukuna mai ō koutou roimata ō koutou hūpe ki runga i a pāpā nā i tōna matenga i tōna takotoranga ki runga i te marae o Ōtīria ki runga anō hoki i te marae o Mōtatau ki roto i te wiki kua pahure ake nei; koutou katoa mai i tēnei taha o te Whare ki tērā taha. E mihi atu ana ahau ki a koutou mō tō koutou rau aroha ki tēnei tō koutou hoa mahi tēnā koutou tēnā koutou tēnā tātau katoa. E te Māngai o te Whare ka tahuri atu ahau ki tēnei take nunui rawa atu e mea nei ko tēnei take e kikini nei i te whatumanawa o tēnei e kōrero ana.[In the Māori language Mr Deputy Speaker a statement in regard to life in a changing world and one of enlightenment—behold I speak! Because this is the first time since the death of my father for me to address this House I want to make a farewell tribute to him and acknowledge this House for the support it gave me for this listlessness during the immediate past weeks. Therefore my encampment I look to the broad daylight as the summit of my looking up at the world of enlightenment. I am in grief for youDad and for the footprints spread out before me over the great distance. As your father Grandad quipped the memory of the type of leader that crossed the great distance of the Pacific Ocean will never diminish but enough their footprints upon the face of the Earth are treasured and sacred treasured and sacred. Enough of the grieving for Dad! Put together all the spirits that belong to each and every one of us assembled here and there is only one thing to say to them: welcome farewell!At this point in time I will turn to the living. To you my colleagues you who collectively shed your tears and mucus uponDad when he died when he lay in stateupon the courtyards of Ōtīria and Mōtatau in the week just past—allof youfrom this side of the House to the other side—Iacknowledge you collectively for your extraordinary compassion to this colleague of yours. Thankyou thank youand thank you to all of us. MrDeputySpeaker I turn now to this matter of immense significance with the commentthatit is one that nips at the seat of the emotions of the one speaking.]At this time I want to turn to this particular amendment bill the Waitangi National Trust Board Amendment Bill a bill that is close to my heart. I want to start by reading just a very brief passage in a letter from Sir Apirana Ngata to Sir Peter Buck who talked about and was of course instrumental in the establishment of the Waitangi National Trust Board and of course its centenary celebration in 1940. He says here: “You have already heard the news of the death of Taite and Tau.”—in that respect he was referring to my great grandfather not my cousin—“To mention the politicians first. Their ideas will be carried on by many younger men whatever be their political allegiance. I found the north at the Waitangi centennial celebrations very sound and intent on carrying out the policies Tau gave his life for.” I wanted to read that as a start first around the historical landscape of course of this particular taonga known as Waitangi. We know of course as mentioned it was the signing place. We know of the house of Busby. We also know too of the great gift of the Bledisloe family to this nation.What is not mentioned is at the centenary celebrations the opening of Te Whare Rūnanga a carved meeting house stands alongside the Busby house. On the inside of that house there is a small but very poignant saying and that saying goes: “Ko au anō tētahi i reira.”—I too was there then. What that refers to is the failure at the time of recognising the Māori input in the conversation around the Treaty of Waitangi. Te Whare Rūnanga went a long way to give Māori voice on the Waitangi national grounds and it is an important part of the history. It is also important to remember that at that time in 1940 it was also the place where Apirana Ngata and indeed the nation sent off the 28th Māori Battalion to World War II. Why I cover this historical landscape is to paint a picture of just how important this place is to the country. My fear in painting that historical landscape is that in an attempt to create a more business style or model in the running of the Waitangi national grounds I fear that this shift detracts from the historical significance of the Waitangi land.I want to before I continue say that we do support this and I do want to commend the Minister for Arts Culture and Heritage on her desire to review this piece of legislation because it is outdated. One of those examples is of course as mentioned in the bill the travel reimbursement where once it was reimbursed only to those who came by railway. This one is a very good positive step to make sure that those people such as my father who actually spent most of his time in Wellington do not have to catch the train to Waitangi. So it is important that these types of developments in the bill’s history carry us on into the future. We also welcome—and I support the kōrero in the House—the broader review of the Waitangi National Trust. We are encouraged by a lot of its functions at the moment spreading the word and the history of our country to our young people because if there is one thing that my father was passionate about it was young people. As much as he was a storehouse of knowledge for Māori and in particular for the people of Te Tai Tokerau he always had one eye on the future and it is important that we share the story of our nation with as many of our young people be they Māori or non-Māori as possible.I want to get back to the membership now. Of the 83 years of the trust I want to point out that for 65 years of that my family have been involved. The first member you will see on the history provided by Parliamentary Service is Tau Hēnare my great grandfather who was on the board. Upon his untimely death in 1940 my grandfather Sir James Hēnare took over on the board and as far as I know has served the longest time—49 years—on the Waitangi National Trust Board before his untimely death in 1989. In more recent times of course there was my father who has been mentioned from 2007 to 2015 upon his untimely death. I had a bit of a chuckle to myself when I consider my whanaunga the member Pita Paraone who serves currently on the trust. It was mentioned to me at my father’s funeral how perhaps the trust is the departure lounge and there is a word of caution in there for those who wish to take up a role on the Waitangi National Trust. So kia tūpato e te pāpā—be careful!But the reason I draw out my family whakapapa with the trust—I also want to mention Sir Tumu te Heuheu who was involved—is that it joins on to what my esteemed colleague the Hon Nanaia Mahuta was talking about which is the mana of the positions. It is the mana of those positions that carries the history of this country. Sir Tumu te Heuheu’s tupuna Iwikau te Heuheu at the time of the Declaration of Independence in 1835 and of course the signing of the Treaty of Waitangi in 1840 was resident in the Bay of Islands. So it is only fitting that Sir Tumu te Heuheu continues his role on the Waitangi National Trust.It is amazing how fast 10 minutes disappears on you so I do not want to labour too much more about the particular bill other than to say that we support it and I want to finish on a couple of notes for the future. We know that there is a case for developing the Waitangi National Trust and its capacity. One of the dreams of my father and indeed the people of Te Tai Tokerau was that the actual document of Te Tiriti o Waitangi which is currently held in Archives New Zealand here in Wellington be returned to the sacred lands in which they were signed. We know that the trust is looking at building its capacity to hold such a precious taonga because we know that it is precious and it is important that it is looked after appropriately. It is our dream to see that returned to the land of Waitangi.We also have another dream in the north that other sites of significance gain just as much mana and conversation in this House. Coming up in January is the commemoration of 170 years since the battle of Ruapekapeka the final battle in Te Tai Tokerau. It is one of four significant battles in the north—as well as the signing of the Treaty of Waitangi. If we are serious about our history and about acknowledging the birthplace of this nation at Waitangi it is important that we do it warts and all. Nō reira e te Mana Whakawā kāti. Ki a tātau tēnā koutou katoa.Hon JUDITH COLLINS (National—Papakura): It is indeed a privilege and a pleasure to be able to speak on the Waitangi National Trust Board Amendment Bill. It has been really interesting listening to the contributions from around the House. I always think and often say to people that apart from the fabulous work we do in select committees—I see my colleague Catherine Delahunty agreeing with me—it is actually on Waitangi legislation and Treaty of Waitangi settlement legislation and everything to do with Waitangi where this House generally comes together without any acrimony and genuinely and generally tries to come to solutions to bring about justice for those who make claims but also for everyone really. I think it is something that we generally do very well.So when I have been listening to some of the reasons that are being given around why we need to update and amend this bill I thought that they all sounded very sensible to me. Quite clearly things have moved on from when the trust board was originally set up and it is important to have the families who feel the greatest commitment and obligations to the trust board represented separately although I note that our colleague Pita Paraone apparently does the job of four people—I am sure he does. But I think it is important.I think too that this is a bill that actually has constitutional significance perhaps not in the black-letter law way but certainly within the general sense of it. The Treaty of Waitangi is something that is not solely important to Māori and it is not solely important to the Crown; it is actually of significance to all people who wish to be New Zealanders and who are New Zealanders. When I look at my own whakapapa and I am not going to run it all out for you today although I would be happy to do so at any stage should anyone want it—Catherine Delahunty: Ha ha! Feel free to do it.Hon JUDITH COLLINS: Oh Ms Delahunty you are just too kind. But I can say that I have no other home than New Zealand. I am like many New Zealanders. No other country can call me theirs and probably no other country would and I would call no other country home. My family has been in New Zealand in various parts of the country. My ancestors whom I have found so far were first recorded in New Zealandin 1841 a Captain Walker of Nelson—you see this gene of wanting to be in charge is something you just cannot get past. He was a ship’s captain but a whole lot of the family came in through the years. There is no other home. That is not unusual in New Zealand although pretty much I am quite unusual for Pākehā for having been here for so long as a family.I grew up in the Waikato. I grew up in a situation where my parents grew up in the King Country—born there grew up there. We are not people who are fazed by cultures other than Pākehā - New Zealand culture. Having said that lots of New Zealanders now do not have that background and do in fact want to engage in and want to know more about not only the Treaty of Waitangi and New Zealand and New Zealand’s constitutional history but also where we are now and where we want to be going. It is important that these new New Zealanders are able to feel part of our team our team New Zealand or team Aotearoa whatever—our clan where we are loyal first and foremost and pretty much only to our country.So I wonder whether or not this trust board change—and I hope it will—will help to settle some of the issues that we routinely and unfortunately see at Waitangi on Waitangi Day each year. I actually am one of the many New Zealanders who have felt somewhat distressed by some of the behaviour that has been displayed particularly at Te Tii Marae when guests have been humiliated or abused. I know that that is not Waitangi. I know that that is a small group—we probably all know who they are—Catherine Delahunty: I’m one of them.Hon JUDITH COLLINS: —who wish to—oh yes Catherine Delahunty is one of them. A dear old mate Catherine. But actually for a lot of New Zealanders particularly new New Zealanders it is really intimidating and it sets up quite a barrier to wanting to get engaged more. It sets up also for New Zealanders like myself a bit of a barrier to wanting to be involved and hoping to be welcomed. So I like to hope that all these sorts of things that we do are the sorts of things that will mean that the attitude and the behaviours will improve and be more welcoming.I know that there have certainly been instances in the past where people have felt quite rightly so that they should be able to protest on things and of course you can. But I just have this plea about this. I know that this particular board works very hard to maintain what is a treasure for our nation given as we have said to the nation by Lord and Lady Bledisloe. You know this is a tremendous gift that they did not have to make but they did it out of a commitment to New Zealand and an understanding of the importance of Waitangi and also the Treaty of Waitangi to us as New Zealanders. So I say that it would be lovely to have Waitangi Day being celebrated all around the country but particularly at Waitangi and always understanding that things are never going to be perfect—nobody is ever going to be happy with everything. One of the great things in New Zealand is that we are always trying to do better and I think that is where we want to be able to give some credit where it is due.There has been a tremendous amount that has been done wrongover the years actually which we as a country are now addressing. This particular Government since we have been in office just over 6 years has signed 46 deeds of settlement. As at February this year there have been 72 deeds of settlement signed—so it is not just this Government but the previous Government as well—and 43 of those deeds of settlement have been enacted in legislation. This is a huge effort by quite a lot of people actually and it is something where both those representatives of the Crown—in other words the rest of New Zealand—and the Māori involved in this as claimants should be very proud of the effort that has gone in and the goodwill. By the end of 2017 we would like to if possible have all deeds of settlement signed but that is actually very much dependent on both sides being willing. Obviously iwi need to be able and willing to sign as well. You cannot force approval or agreement; people have to want to do it.So these are really good things that we can point to. Point out to me anywhere else in the world where we have that sort of coming together and that sort of commitment to righting the wrongs of the past—point to any other country that has that history. That goes back not just because we are all fabulous people here in Kiwi land; it actually goes back to the very essence and the wording of the Treaty of Waitangi and what it was all about. No other country that I can think of that was colonised in the 19th century by Britain or any other country ever actually ended up with a document such as the Treaty of Waitangi; no other country. And that is something we should be very very grateful for. It enabled settlement in New Zealand of people other than the indigenous Māori population. It also enabled a protection of rights and a conferring of rights as well and a protection that we should be very proud of.No matter what we do in this area there is always going to be someone to complain. That is the nature of democracy; it is a fabulous thing. There is nothing wrong with complaining—I have done a bit myself. But I would say that when we come to these bills we do a great job. I would like to acknowledge the chair of the Māori Affairs Committee and all the members for the hard work that they have put into this and also the Minister for bringing this bill to the House.DAVID CLENDON (Green): Kei te mihi ki a koutou. May I begin by also acknowledging the very untimely and sad passing of an extraordinary man. Ērima Hēnare had a lifetime—a far too brief lifetime—of service to his hapū to Tai Tokerau and indeed to all of New Zealand in the tradition of that family I must say. It was an honour genuinely to be present at Mōtatau for his final farewell. The atmosphere the speeches and the very presence that was at that place reflected something of the man himself. I think we can be assured that our colleague Peeni Henare in his time in this House and indeed outside this House will continue to add mana to the name he bears. Kia ora.I would like first to reflect on the fact that the wide and genuine support for this bill is a reflection on the good work of the Māori Affairs Committee. It seems to me that that committee has ways of its own of getting things done. It works in mysterious ways on occasion but it seems to generate good work and get good outcomes and this bill is I think a good example of that.I admit I must say that I was initially sceptical when I saw the first draft of this bill because the first thing that struck me about it was that it has the Government and senior politicians giving away power and authority and that is completely counter-intuitive to anybody who has been in politics for any length of time. But indeed that is in a sense what is happening with this bill. It is reallocating responsibility and authority for the management of that unique place—for Waitangi—and I do think it is a move for the good. As I say my initial scepticism was laid to rest and it does indeed seem a genuine attempt to update a governance and management structure that was in need of some work and in need of some attention. I think that what has come out is something that will serve us well acknowledging of course there is to be a further review—and that is a good thing too—just to see that we do get this right.It is difficult to overstate the importance of Waitangi—the house the grounds and the area around it—to this country not least of all culturally. It is the site of the signing of the document that gives this Government—of which we are all part—legitimacy and that gives the Crown its legitimacy in this country. We must continue to return to that—that it is absolutely fundamental; it is a living document that is as valid today as it was in 1840 when it was first signed. I must confess that even to this day when I meet New Zealanders who have never visited Waitangi it always comes as a surprise but OK for some people it is a long way from home. My own memories of it go back to when I was sort of 4 or 5 and I am privileged to still live nearby so I am a regular visitor. It is extraordinarily important culturally politically constitutionally and dare I say it the site also has some significant economic importance for Northland particularly.It is important that the governance and management structure is right so that we maintain the quality of the experience for the people who do visit that place and it is important that we seek to enhance that experience not only because of the fact that it is literally the place where our nation Aotearoa New Zealand began but because it is a site of historical significance. I think we need to do our very best to ensure that it retains the value and qualities that ensure that people go there remember the experience reflect on it and tell others about it.Indeed as an aside I think that we are nowhere near exploiting the potential of the wider heritage of Northland and of the sites—and some have been mentioned—of Waitangi Russell Paihia Mangungu Waimate Kerikeri the mission house and dare I say it Clendon House. The more that people become aware and start to join the dots about the extraordinary stories of those remarkable people both Pākehā and Māori actually who made this remarkable agreement and who lived through those times in the late 18th century through to the 19th century and did some extraordinary things—I think to some extent all history is social history. I think we are very fortunate in New Zealand that we still have the artefacts like the homes and the furnishings and indeed the very close relationships. A generation or two back we can look to people who were actually there on the day in Waitangi and that is something to be treasured I think and to be shared not only with each other with New Zealanders but with others who come here to find out what this—to some people—remote country is all about.That is slightly an aside but I have to say that I think the bill has advanced the management and governance potentially of the place. We are particularly pleased of course—and the point has been mentioned already—that embedded in this bill is a commitment to having a presence on the board of the descendants of Hone Heke Maihi Kāwiti Tāmati Waka Nene and of course Pōmare. At one point it seemed as though that inclusion might need to await the review which could have delayed it for some time. So I am particularly pleased that as I say the interesting machinations of the select committee have ensured that that commitment is embedded in this bill at this point and I do hope that the bill goes through without further delay. I see no reason why it should not. It is a good document it will achieve some good things and we certainly look forward to the work that we hope the board will do in future to continue to add value to enhance that place and to get the visitor centre there. To have the original document there would be extraordinary and that would be a wonderful thing so we hope that this is as successful as we all hope it will be. Kia ora.PITA PARAONE (NZ First): Tēnā koe Mr Deputy Speaker arā tēnā tātou e te Whare nei. Ēngari i mua i te haere tonu o waku kōrero mō te kaupapa nei i te hono au ki tēnā ō koutou i tū ake i mua i a au ki te mihi i tōku whanaunga ahakoa e horekau ahau e hiahia ana ki te ’hakahē i tā koutou kōrero. E karanga atu ana ki a ia he rangatira. Horekau he raru ki tēnā ēngari ki a mātou i roto o Ngāti Hine he pono he pononga a te iwi. Nā reira e Ērima haere hoki atu. Hoki atu koe ki ngā kōiwi o ō tāua mātua tūpuna. Kua pau kē ngā mamaetanga o tēnei ao kei runga i a koe. Kei runga ngā taumahatanga kei a mātou i muri nei nā reira e kara te pononga o te iwi haere hoki atu. E tātou mā ka hoki mai ki a tātou ki te kaupapa i mua i a tātou i te rā nei. Ka nui te hari te koa o te ngākau i kite atu i tēnei kaupapa i puta mai i te Whare nei. Nā reira tēnā koutou.][Acknowledgments to you Mr Deputy Speaker and to us of this House. But before I continue with my address in regard to this policy I join members who stood up before me to pay a tribute to my relative despite the fact I have no desire to contradict the view made by them. I want to assure them that my relative is regarded highly. There is not an issue with that but within us in Ngāti Hine; he is astute and a servant of the tribe. Therefore to you Ērima farewell and go back. Return to the skeletal forms of our ancestral forefathers yours and mine. The pains of this world that were upon you are spent. The burdens are now upon us the ones left behind so to you dear friend and servant of the people farewell return. I come back to us and to the policy before us today. There is much joy and delight in the heart to see this policy emerging from this House here. Thank you all.]First of all I would like to acknowledge the Minister for Arts Culture and Heritage and the fine gesture she made after making her presentation joining our chairman of the Māori Affairs Committee which is really an example of the collegiality that members of the Māori Affairs Committee share with one another albeit that we sit on opposite sides of this House. When we are considering matters that come before the Māori Affairs Committee there is that collegiality which obviously because other people have made comment may not necessarily be exercised in other select committees. So I want to acknowledge the Minister for that.I also want to acknowledge the Minister for her commitment in seeing this bill through in a timely manner taking on board the commitment to carry out a wider review of the Waitangi National Trust Board Act and of the machinations of the board. For me I felt that a lot of the concerns that the board had were already known to the officials and I know that a number of members of the board felt that those issues and those concerns could have been added to this bill. However I take the Minister on her word and notwithstanding the comments made by the honourable member from Waikato-Tainui about her reference to the legislative programme I feel confident that the concerns we expressed in the Māori Affairs Committee process will certainly be addressed in the wider review.Waitangi is being described as the most significant historical place in our country and it is a privilege of mine to be first of all a member of the trust board responsible for the maintenance and care of the estate and also to chair it. I know that my membership of the board may have caused some disquiet some concern with other members of the House but I want to reassure both them and this House that in order to retain that sense of integrity to ensure that there would be no accusation of conflict of interest or patch protection I did not participate in casting votes in terms of the decisions made by the select committee and I also stood down as chairman of the board during the discussions with the board and with officials concerning this bill. I am pleased to be able to report that to the House.I want to say that the board has a very important responsibility. In recent years it has adopted the position that its responsibility should be confined not just to the care and maintenance of the estate but to ensuring that the history of Waitangi is shared amongst our fellow New Zealanders and as the member from the Green Party David Clendon alluded to the number of New Zealanders who have not visited Waitangi. I suppose there are various reasons for that and the honourable member Judith Collins made reference to it. As I hear such comments I feel a little bit annoyed—I am not annoyed at her—about the assumption that that part of Waitangi is allied to the Treaty grounds. In fact those of us from the north know that it is almost like two separate worlds two different planets. However that is the perception that many of our fellow citizens have of Waitangi.This bill looks not only at the structure of the membership of the board but also at increasing the representation of those Māori families. I must say that it has been a real privilege and a pleasure to represent the families of those four tupuna. I want to make this comment. In terms of the particular family that I descend from—and this is a question that has always bothered me—Maihi Kāwiti is one of the sons of Te Ruki Kāwiti of Ruapekapeka war fame. Maihi’s part in history was that every time his fellow tribesmen cut down the flagstaff he promptly put it up. Maihi is the son of Te Ruki and one has to ask the question of why you would put the son ahead of the father. To this day no one has been able to tell me why. Perhaps there have been a confusion in terms of the descent because when the original Act was discussed in the second and third readings Sir Apirana Ngata referred to Te Riri Kāwiti as the grandson of Maihi. In fact he was the son. So I do not know.I just want to confirm that New Zealand First will certainly be supporting this bill. We look forward to the Committee stage and I cannot see too many difficulties during that process. We certainly look forward to seeing it enacted. Although I personally will be affected it is something that I certainly support.As a closing remark I just want to tell those who are already lining up to become members of the board that we do not pay a fee. I just want to say that the admission cost that we have imposed on visitors has caused some disquiet amongst our fellow citizens. I am anticipating that during the wider review of the Act some consideration will be given to an annual gratuity from the Government to the board along the lines of Te Papa. Nā reira i roto i aua ’hakaaro tēnā koutou tēnā koutou kia ora mai anō tātou.[So with those thoughts in mind I acknowledge and salute us and you collectively thank you.]JOANNE HAYES (National): Tēnā koe Mr Deputy Speaker. Before I start my korero I too want to pay respects on the passing of our Ngāti Hine rangatira Ērima Hēnare and I wish also to pass on my aroha to you Peeni and to your whānau. Kia ora. The other person I would like to acknowledge is the Hon Maggie Barry our Minister for Arts Culture and Heritage who is shepherding this bill the Waitangi National Trust Board Amendment Bill through the House. It is a very important bill. Even though it is quite narrowly focused it is important in the history of this country.The purpose of the bill is to make changes to the Waitangi National Trust Board membership and that is why it has such a narrow focus. Before I talk about that focus and the membership and the kōrero we had at the Māori Affairs Committee I just want to take us on a little trip down through the annals of history because without the history we would not be here discussing this bill today.The background to this bill is that the property the house was owned by the Busby whānau. During the 19th century and at the beginning of the 20th century the land and the building kind of changed hands a bit. In 1932 as we have heard a former member of Parliament Vernon Reed had a passion that the Treaty House and the grounds it was on were a historic place and needed to be nurtured. That is why he invited the then Governor-General Lord Bledisloe and Lady Bledisloe to come and have a look at the grounds and the Treaty House to encourage them to make sure that that house was going to be preserved.Lord and Lady Bledisloe obviously did more than that as we have heard from previous speakers. They bought the grounds. Lord Bledisloe also invested £1000 into the Waitangi restoration fund to start the process for restoring the Treaty House itself. The Government of the day also added another £500 to that restoration fund. So the first form of restoration started back in 1932. It was also the time when the 1932 Act began. I stand here as a mokopuna of this land and I am absolutely grateful and thankful to the Bledisloe whānau for their contributions for gifting the Treaty House and the grounds to this nation.Anyway as I was saying the 1932 Act—the Waitangi National Trust Board Act—gave statutory effect to the Waitangi National Trust deed and it also established the trust board. The Bledisloes did this in the time of the Great Depression. Our country was going through the Great Depression. There was high unemployment and this was a way for the Bledisloe whānau to be able to help people by giving them employment in the restoration of that house. It was also another way that Lord Bledisloe could settle up the relationship between Pākehā and Māori.Sitting suspended from 6 p.m. to 7.30 p.m.JOANNE HAYES: I have just a little more of the historical facts about what happened on the Treaty grounds. In 1834 the Confederation of the United Tribes of Aotearoa first raised their flag on the lawn of the Treaty House. It was very historic. As we all know 6 years later in 1840 the Treaty of Waitangi was first signed although only a few days later the biggest signing was held across at Te Mangungu Marae. I was privileged to be at their 100-year celebration this year with the Minister the Hon Maggie Barry.The Waitangi National Trust Board Amendment Bill modernises the governance of the board members of the trust. I just want to acknowledge our New Zealand First member Pita Paraone. I just want to say that it is a very humble thing for him to step away from the discussions at the select committee. I know he was bursting to actually get involved in those discussions but the gentleman that he is he sat back. Also he went off the trust board so he did not have many conflicts of interest there. I just want to say that I was pleased to hear from him that the trust members were supporting this very important bill. That is not to say that the membership discussion within the select committee was not debated very vigorously. I just want to thank the chair and my co-members of the Māori Affairs Committee for the debate and I thank the members of the Parliamentary Counsel Office who came in with their report and listened to our discussions around membership. We have heard from other members in the House about that membership.I just want to reiterate that the current membership of the trust board has four ex officio members including the Governor-General the Prime Minister the Minister of Conservation and the Minister for Māori Development and we are starting to look at how that is going to pan out which I will talk about a bit later. There are family representations from Archdeacon Henry Williams Edward Gibbon Wakefield and James Busby as well as a family member—I think it is Pita Paraone at the moment—representing the whānau of Hone Heke Maihi Kawiti Tāmati Waka Nene and the Pomare families. There is a representative of the Māori people north of Auckland peninsula—which I think was the position that the rangatira Ērima Hēnare held on the trust board before he passed away—a Māori or Pākehā representative living in the South Island a Māori representative south of Auckland and a prominent person who has experience either a historian or an archaeologist. So those are the current members of the board.What we are proposing is as the Minister outlined in her speech that the Governor-General and the Ministers will be removed as ex officio members on the board. The Governor-General will became an honorary patron of the trust and the Prime Minister the Minister for Arts Culture and Heritage and the Minister for Māori Development will form the Crown representative group. Hopefully this will foster good relations and share information with the board. The two members of Parliament one representing the Government and one representing the Opposition will be appointed as full members of the board. By removing these ex officio positions on the board we remove the risk of conflicts between constitutional roles and other roles of the trustees.As I said before the bill creates a clear separation between the Government and the board while providing a means to ensure a positive working relationship through the Governor-General’s patronage of the trust the creation of the Crown representative group and the appointment of two members of Parliament as members of the trust. Currently there is no statutory tenure limit for the board members on the trust. The bill proposes that we implement a limited tenure of no more than 9 years although our select committee did debate the fact that current members once the bill is implemented may have a further 3-year term in their positions on the board.In closing I note that this is a narrowly focused bill. It is a bill that from what I have heard in the House is supported by everybody in the House. It incorporates the Waitangi National Trust Board which as we know administers the Waitangi grounds and associated lands. It gives more power to that trust to be able to do things that it had not been able to do in the past. I look forward to what is planned through the Waitangi National Trust. I also look forward to the modernisation of the legislation and its fruition. Thank you very much. I commend this bill to the House.Mr DEPUTY SPEAKER: Catherine Delahunty—a 5-minute call.CATHERINE DELAHUNTY (Green): Tēnā koutou e te Whare. I would just like to start with a mihi to the Ngāti Hine and te whānau pani o Ērima Hēnare. Moe mai e rangatira—an acknowledgment to Peeni Henare as the son of that very very honourable whakapapa and that we mourn today the loss of his papa.I would also like to acknowledge that we have the chair of the Waitangi National Trust with us as well Pita Paraone and also everyone here from Te Tai Tokerau. There are layers and layers of history associated with Te Tiriti o Waitangi and therefore with the Waitangi National Trust Board Amendment Bill. Although it belongs to all of us it is guarded the most fiercely in my experience by those of the north. Having spent every Waitangi Day at Waitangi for the last 15 years except for 1 I have had a real education in the passion of Te Tai Tokerau not only for the national trust and for the marae but also for the other sites of significance that have been referred to tonight: the lower marae Te Rau Rangatira; the places where He Wakaputanga o te Rangatiratanga o Nu Tireni was signed in 1835; and all of the different aspects of the history. There are many complex layers and in speaking about them we need to acknowledge that there are people here in this Parliament who descend directly on both the Pākehā side and the Māori side as does my colleague David Clendon and others who have much greater whakapapa relationship with the site that we are talking about tonight.I had a brief experience on the select committee working on the bill and I would like to acknowledge the select committee. As always I found the Māori Affairs Committee a really welcoming and positive place to come into. At the time—and when I left after my short sojourn—there was quite a lot of debate going on on the issues of equitable representation. So it is very pleasing to see that once again the Māori Affairs Committee has found a pathway before there is a major review which we also support and that the Minister for Arts Culture and Heritage the Hon Maggie Barry came and discussed very graciously with that committee. There has been a pathway for some immediate resolution as well.Our concern—for some of us at that time—was really the statement that is in the bill which I am going to quote from which is where the Māori Affairs Committee say: “We considered the view put to us in the submission from Arapeta Hamilton that the current makeup of the Board is unfair as there is a disparity between the representation of Pākehā families which is one for each of three families and of Māori families where there is just one member representing four …”. Given that this is about Te Tiriti o Waitangi there is a clear call to action in that statement if Te Tiriti o Waitangi is to be honoured. It is not a Māori treaty; it is a treaty that gives my culture status in this country if my culture honours it—otherwise we are here as settlers and colonists rather than as citizens. It is really really important that the national trust board and this law reflects that equitable issue of representation. If Te Tiriti o Waitangi and the documents that preceded the building of our nationhood are about anything they are about recognising two sides of the story and that there is not going to be a dominant culture. There is going to be tino rangatiratanga—this is the dream; we are not there yet—but also there is going to be honourable kāwanatanga.This bill is a really positive step forward in that regard in that the select committee members listened to the submitters and they were able to find a way before the broader review to recognise those issues of equity and participation which are essential. Although there were arguments and debates at the time—again I would acknowledge those from the Parliamentary Counsel Office because they also did play a positive role. They did come and say that this was within the scope of this bill and that it was possible to do this at this time because we were trying to do what was logical as well as what was right. I think that thanks to all parties what has been logical as well as what is right has been achieved in this process.There is much more I could say about te Tiriti. I can never resist speaking on te Tiriti because I am so passionate that Pākehā recognise Waitangi passionate that Pākehā recognise that this place—and not just Waitangi itself but the whole of the area where our history has taken place around that document and around He Wakaputanga o te Rangatiratanga o Nu Tireni—is recognised by all of us as a basis for our nation. And that it is not a matter of taking out the story; it is a matter of learning the true history the painful history and the right history rather than the sanitised history that is sometimes told not only about what happens at Waitangi on the day—which is often actually completely misinterpreted by the media—but also about what this place is really all about to us. The Greens support any step forward that is based on equity and on the articles of Te Tiriti o Waitangi so we are proud to support the bill. Kia ora.MARAMA FOX (Co-Leader—Māori Party): Tēnā koe e te ManaWhakawā. Tuatahi kei te hiahia au ki te tautoko i ngā mihi kua mihia i tēnei pō ki tērā o ngā tohunga o ngā rangatira kua hinga i tērā wiki. Ko koe tēnā e Ērima. Kua haere atu koe ki ngā ringa mahana o te Atua ki te taha o ō tūpuna tō pāpā ngā rangatira o Ngāti Hine ngā rangatira i whakarite nei i tēnei whenua mō tātau katoa i roto i te Tiriti āe. Anō nā kai te hiahia au ki te tautoko i ngā mihi kua mihia ki tērā o tana tama a Peeni. I tū ia ki te kōrero i te pō nei ā kua kite au i te mamae i te taumahatanga kai runga tonu i a ia. Kai raro tonu a ia i te kapua pōuri me tana whānau ā te whānau pani. Nā reira ki a koutou o Ngāti Hine āe kua ngaro tēnei rangatira. Kua ara mai tētahi hei whai i ōna tapuwae ā tēnei te mihi atu ki a koutou o Ngāti Hine o Ngāpuhi te wāhi o te tīmatatanga te whānautanga o tēnei whenua ki Waitangi.[Thank you Mr Speaker. First I want to endorse the tributes accorded this evening to that one of the skilled and revered ones who collapsed last week. I am referring to you Ērima. You have gone to the warmth of God’s arms to be with your ancestors your father the esteemed ones of Ngāti Hine and the noble ones who arranged in the Treaty that this country be for all of us—yes! I also want to support the tributes accorded by Peeni that one of his sons. He stood to speak this evening and I could see that the pain and burden is still upon him. He and his family the bereaved family are still under a cloud of remorse. Therefore to you of Ngāti Hine yes this leader is gone. Someone will rise up and follow in his footsteps and I commend you of Ngāti Hine and Ngāpuhi the starting place and birthplace of this country at Waitangi.]Kia ora. I want to add my voice to the kōrero tonight about Waitangi and its importance and its relevance to this country. When I travelled to Waitangi this year the first time as an MP with the Government my mother actually scolded me and said: “Where are you going to be? I need you here in Carterton because we are going to celebrate Waitangi here in Carterton with our whanau as we have done in Masterton Wairarapa for years.” I said: “Well actually Mum I will be a few steps behind the Prime Minister at Waitangi trying not to get hit with any flying projectiles.”And so it was that I travelled there to the birthplace of this nation—and that is how it was described by all who were there. All who were in attendance described Waitangi as the birthplace. And yet when I got off the plane having not been to Waitangi since I was a girl I looked for the sign that would show me the way—and there was none. There was a sign that said Paihia—or Paihea? Pai?Kelvin Davis: Paihia.MARAMA FOX: Paihia. Right. Well I did not know where that was. I had to get out my Google map on my phone to find my way because there is no signage pointing out the most historic place of our nation the birthplace of our nation where a partnership was formed. And so I think that needs to be addressed.But today we address the partnership that is the Māori trust board—the Waitangi National Trust Board not the Māori trust board just on its own but as a partnership of Māori and Pākehā coming together. Yes for me the biggest thing in doing this was to address the representation and make sure that it was equitable. Everybody has talked about it. We had four families being represented by one representative on the Māori side and three families each being represented by three representatives.Yes there is going to be a review. I want to acknowledge the Hon Maggie Barry who worked with us and briefed us on the important matters of the Waitangi National Trust Board so that we could ensure that there was equitable representation. She listened and she made the amendments and now we have an equitable process going forward. Yes the review may in time change that. But we felt that we could not let another day go on another week go on another year go on while the review took place where a glaring inequity would continue. I want to acknowledge the members of the Māori Affairs Committee who worked together to ensure that not one more minute would go by with that inequity continuing.I also want to acknowledge our member on the Māori Affairs Committee Pita Paraone who as everybody has stated has worked tirelessly in this area. And though there may be some issues about representation going forward about who in those families will come forward to row this waka together I am sure that we need to put our faith in the people that democracy will out that they will continue to uphold the mana of this place as the birthplace of our nation and do the wonderful job that has been done to this point to ensure that those grounds that area continue to thrive and represent our nation as a sparkling example as they do at this time. Kia ora e te Mana Whakawā. I commend this bill to the House.SIMON O’CONNOR (National—Tāmaki): I am very pleased to take a call this evening to speak in the second reading of this bill the Waitangi National Trust Board Amendment Bill. I am very conscious as I stand here tonight that I have not sat on the Māori Affairs Committee but I have been very fortunate to discuss this legislation with an excellent caucus—or rather the likes of Nuk Korako the chair of the committee and Maggie Barry the Minister sponsoring this bill have been very wholesome and fulsome with us as a caucus in their discussions around what is happening. And so again I am particularly pleased to stand along with others tonight to speak to this bill.Like others I would like to acknowledge the passing of Ērima Hēnare a man who has stood very tall proud and loud in the Māori and of course New Zealand community for many actions particularly around Te Reo and the maintenance and promotion of that—and of course his role which has been acknowledged here tonight many times sitting as a member of the current Waitangi board. I acknowledge too his son Peeni Hēnare. Outside of Parliament he and I have known each other for a good amount of time. I have mentioned that before we worked together at the Ministry of Social Development and although we might find ourselves on opposite sides of the House good conversation can continue with memories past and I think a common bond to serve our country as best we canin the future.In doing so I acknowledge again the Minister and the work that has gone into this legislation. I acknowledge the members of the select committee. I am conscious that where this started is not necessarily where it ended or was intended to end so a lot of discussion has gone on and debate—fraught at times I am sure. But it has reached a place nowthat members are happy with if I am hearing the debate tonight correctly. Within that is the intention for a review by the Minister as well and we will touch on that a little bit later. So this is a step in the right direction.Waitangi is a place that sits very strongly in our national consciousness for a variety of reasons but of course first and foremost it is part of our national identity—a point in time that has defined and arguably began to define New Zealand’s identity. For me personally being someone born and raised in the north Waitangi is a place we would visit every year not necessarily on 6 February but it was a place that we would go to frequently. The place has much history and tradition not just around the Treaty itself but also as a place where many early settlers came. I know this certainly from my own side of the Catholic community which was well-connected into the Hokianga where Bishop Pompallier is buried. And of course across in Russell you have the Marist fathers whom I was very connected with. It is a place where I find myself at home. It is a place where more recently National Party members found themselves at home when we went up there for our conference. And I have to say not only the locals but also the weather performed exceedingly well.I do want to note that the Treaty of Waitangi and the place of Waitangi itself is larger than just one place. I am reminded of this because a few months back I was very pleased to join Ngāti Paoa at Karaka Bay in Glendowie in my electorate where they acknowledged the 175thanniversary of their signing of the Treaty. Although the seminal moment may have occurred up in Waitangi with the conversations and signings there the Treaty then began to go around the country to be signed. As far as I am able to say for Ngāti Paoa the signing at Karaka Bay—within the electorate of Tāmaki as it is now—is the really important moment for them. I have to say that it was an incredible honour and privilege to be invited to join them and to be out on their waka on the Waitematā Harbour. It was an absolute thrilland also very educational I have to say to be able to sit through the hours of the talk and speeches.I just mention this because Waitangi may be a singular place but with the Treaty and its signing for all of us as New Zealanders it moves beyond just one place.Important we do look towards Waitangi itself to symbolise that and so this bill is about updating the structure of governance. Under the original Act and trust deed there are eight representative members. One comes from the family of Archdeacon Henry Williams. I in fact met his I think great great—oh I have forgotten exactly. I met a guy called Bill Ludbrook. Sorry Bill that I have forgotten the exact connection but Bill Ludbrook joined me at Karaka Bay representing the Williams family. It was again an incredibly powerful moment as obviously the descendants of Ngāti Paoa were there. And here was this descendant of Archdeacon Henry Williams sharing the story as had been passed on to him. Again it was a remarkably powerful moment.The families of Hone Heke Maihi Kāwiti Tāmati Waka Nene and Pōmare are represented by Pita Paraone who is currently sitting for the New Zealand First Party. Pita I do not know how you balance one family let alone four but kudos to you sir. I think we will come back to that as well because one of the discussions that have come through the debate tonight is around inequities. There is a representative for Māori living on the North Auckland peninsula Māori living in the rest of the North Island Pākehā living in the Bay of Islands the family of Edward Gibbon Wakefield and No. 8 is a prominent person in the life of our country and that is the Sir Don McKinnon at the moment. I think it is good to mention his name and acknowledge his work. When we talk of a prominent New Zealander it is the calibre of Sir Don that we are talking about.There are four members ex officio those being the Prime Minister the Minister of Conservation the Minister for Māori Development and of course His Excellency the Governor-General or whomever he or she chooses. With the review of the Act changes are being suggested. Important the likes of the Governor-General and Ministers will be removed from these ex officio positions. They will continue to be able to engage. I understand the Governor-General is able to be the patron—is that right?Hon Members: Yes.SIMON O’CONNOR: I think that is really important. The Governor-General is a very visible expression of our Sovereign Her Majesty Queen Elizabeth. That connection with Māori and with this country is incredibly important. So I am pleased to see that although he is no longer represented his representative ex officio maintains a place.The new board will also see the Ministers step away. In some ways that could remove any perceived conflicts of interest or confusion. Instead what we are going to see are two members of Parliament nominated. I am not going to make a pitch for that role—I am not sure you really want me talking much more beyond the 10 minutes of tonight—but one of those will be put forward by the Government and one by the Leader of the Opposition. I note here in some notes that I have put down that the bill by removing the Governor-General and the Ministers removes the risk of as I say conflicts between their constitutional roles and those of trustees. It also removes the risk of legal and reputational issues for the Crown. I think one of the really key elements here is for this new board as they talk in legal terms to be treated as a natural person. In other words the trust board moving forward once this bill goes through its third reading should be allowed to basically borrow money pay it off as it sees fit and make the decisions that we as individuals or as natural persons are able to do. I think that is very positive.The last issue—because I am conscious that the bell has rung—is ultimately there are—Tim Macindoe: Let’s have more.Joanne Hayes: Keep going.SIMON O’CONNOR: Really? Do we want to move an extension of time?Tim Macindoe: More on the royal family.SIMON O’CONNOR: Well we could ask them to come down but I am not sure they necessarily always will. But actually they play a critical part.One of the major elements has been that of inequity. The Treaty is based on partnership and working together. At the moment we have four individuals of Pākehā descent—as important as it is—being represented and then we have four Māori families represented by one person. Regardless of whom that is it is still one for four and four for four—not really the way to go. So what this bill is doing is bringing about an opportunity for more Māori representation. I think that is incredibly positive. I would say to that harkening back to what I discussed at Karaka Bay that obviously Waitangi is a place for all of New Zealand and the Treaty is something that was experienced in multiple places in New Zealand by multiple families—Pākehā and Māori. Personally I would like to see that diversity of representation go much broader than just the geography of Waitangi and the place of Waitangi itself.I understand the Minister is going to be conducting a review. I also understand she came before the Māori Affairs Committee which I think is fantastic and had a lengthy discussion with members outlining what she is interested in doing. I trust and hope that the select committee itself engaged with its expectations too which will inform that review going forward. I think this Government is very proud of its work around matters to do with the Treaty. It would be remiss of me—primarily because he is in the House—not to acknowledge the Hon Chris Finlayson for the work that he continues to do around Treaty settlements. Again I think—Mr DEPUTY SPEAKER: It is tragic to have to interrupt the member; however his time has expired.KELVIN DAVIS (Labour—Te Tai Tokerau): Tēnā ra koe Mr Speaker. Kei te hiahia ahau ki te tāpiri i ōku mihi maioha ki runga i wērā kua utaina atu ki runga i tērā o ngā mātua o Ngāti Hine arā a Ērima Hēnare te pāpā o tō mātou hoa a Peeni. Nā reira e te pāpā Ērima moe atu rā.[Thank you indeed Mr Speaker. I want to add my affectionate regards to those cast upon Ērima Hēnare one of Ngāti Hine’s parents and dad of our colleague Peeni; so sleep on father Ērima.]Initially I would like to take umbrage at the comments from Marama Fox who said that she was going to be at Waitangi this year for the first time instead of being in Carterton and was concerned that walking a couple of feet behind the Prime Minister she might be pelted with something. On behalf of all Ngāpuhi I would like to say that I am taking umbrage at that. Anybody who has worked with Ngāpuhi such as the Hon Chris Finlayson will know we are a calm dignified rational iwi who will always resort to diplomacy to resolve any of our issues. To suggest there will be trouble amongst Ngāpuhi is just ludicrous.I would like to go straight to the issue around the four tūpuna Māori. I am not on the Māori Affairs Committee but it just so happened that on the day that I was subbing in for somebody Arapeta Hamilton submitted saying that it was unfair that the four Māori families had one representative and other families had a representative each. Arapeta’s mother and my father are first cousins. LikePeeni Henare we have Pōmare who is mentioned in this bill as our great-great-great-great-grandfather. We are direct descendants.He was a contemporary of Kāwiti. I have to say that I agree with what Pita Paraone said earlier when he wondered why Maihi Kāwiti is the representative ancestor of the Kāwiti family when Te Ruki was his father. By having Maihi instead of Te Ruki you are sort of omitting the father. I think it would be better to have Te Ruki and acknowledge Maihi Kāwiti as part of that whānau.Then we have the Hone Heke whānau. As we know Hone Heke was the first signatory of the Treaty. I will come back to that. We also have the Tāmati Waka Nene whānau whose father Tapua was one of the first people to go out and greet Captain Cook when he arrived in Whangaroa not far from the Cavalli Islands where Dover Samuels does a lot of fishing. Going back to Hone Heke being the first signatory of the Treaty my tupuna Pōmare who is included in this bill signed the Treaty on 17 February not 6 February. He was a bit miffed that his name might be under a name that he considered inferior to his so he and a few others signed on top. So if you actually look at the signatories of the Treaty of Waitangi the third name down is Pōmare of Ngāti Manu which is our hapū.There are two Pōmares. I really want to correct history because you see a lot of books that often get the names mixed up. The first Pōmare was born Whiria. Books often say that his name was Whētoi but Whētoi was actually his nephew. When Whiria died—he met his Waterloo down in Nanaia Mahuta’s neck of the woods on the Waipā River. To commemorate him his nephew Whētoi took his name and became Pōmare. “Pōmare” is actually a Tahitian name. When some European captain came over he brought with him a couple of Tahitian translators interpreters because the languages in those days were pretty similar. The Tahitian actually said “The king of Tahiti is our King Pōmare.” My ancestor Whiria the first person who became Pōmare here said “Well if it’s good enough for the king of Tahiti to be named Pōmare I’ll take that name.” That is how he became Pōmare. Anyway he died in about 1826 and Whētoi his nephew took the name Pōmare.He is the signatory to the Treaty of Waitangi. An interesting—well I find it interesting—fact is that his son Hare married a woman called Hāriata from Te Ahuahu and around Ōhaeāwai and they went over to England as part of a group that I think was a concert party and had an audience with Queen Victoria. Hāriata at that time was pregnant. Queen Victoria said to her: “If that baby is a girl name her after me Victoria. If it’s a boy name him after my husband.”—who was Albert Victor the consort. So she had the baby and he was the first Māori to be born in England. He was a boy so he was named Albert Victor Pōmare. Queen Victoria said she wanted to be his godmother so she became his godmother. She presented him with some clothes—a christening gown which we still have possession of somewhere. It might be in a museum but I have handled it. It is still there. There was also a gold goblet; a knife fork and spoon; and other gifts. Queen Victoria paid for his tuition at St Stephen’s School. In later life he joined the Royal Navy and we believe that after that he may have been shipwrecked in America and strangely enough mistaken for a runaway slave. We are not quite sure where Albert Victor Pōmare went. We lost track of him after that.The name Albert Victor or Arapeta Wikita is a name that runs through our family—the Pōmare family—to the extent that Albert Victor Hamilton or Arapeta Wikita Hamilton was the relation of mine who submitted on the bill saying it was unfair that the Māori families had only one representative. I entirely endorse his sentiment. It is only right that the Māori whānau have the same level of representation as the non-Māori whānau.Whētoi Pōmare signed the Treaty of Waitangi. He is a signatory to what I have often referred to in this House as the bridge between the Māori and the Pākehā New Zealand that we know today. That is sort of ironic because my mother’s father—my Pākehā grandfather—actually physically built the bridge from Te Tii Marae over to the other side of the Waitangi River. I believe that that bridge might have been opened on the same date in 1934 that the first Waitangi Day was held. I recall seeing as a child a number of black and white photos that my mother had in a photo album of the huge crowds at Waitangi on that day in 1934. It is interesting that my Pākehā grandfather literally built a bridge and my Māori great-great-great-great-grandfather metaphorically built the bridge that is the Treaty of Waitangi.We have heard the history about the Treaty grounds and how it basically fell into neglect after the Treaty was signed. It was in the 1880s that Mrs Busby I think it was sold it off. There were some Māori chiefs who wanted to have a ceremonial whare built there and the Government of the day declined that. Eventually we had a ceremonial wharenui built there and it was opened in 1940 to commemorate the centenary. As somebody who grew up in the Bay of Islands I spent a lot of time around the Treaty grounds—not so much because I was visiting it but because the golf course is next door. There is a hole that runs up the hill and I have got a terrible hook shot and had to climb over the fence a number of times to go and retrieve balls. The Waitangi Treaty grounds—I grew up with it. I have visited it a number of times.It is a big part of New Zealand. I take what people say though. Waitangi is becoming greater than just the geographical area of Waitangi now. The whole meaning of Waitangi and the Treaty of Waitangi spreads out to the Cartertons of the world and all around New Zealand. We support this bill and we look forward to it becoming law. Kia ora.ANDREW BAYLY (National—Hunua): It is a pleasure to be speaking on the Waitangi National Trust Board Amendment Bill. But before I do so I just want to acknowledge Mr Pita Paraone as the representative of iwi family on the board and as chair of the board and I also pass on my condolences to Mr Peeni Henare of course in his time of need and acknowledge the great contribution that his father made to the trust.As New Zealanders we all recognise the importance of Waitangi given its historical significance and because it is embedded in our national heritage. It is a site where our bicultural nationhood actually began. Its heritage status is actually unquestioned. For me personally it also is a place of great meaning. The Baylys have farmed alongside Waitangi trust land for many many years. In fact my brother and sister-in-law currently lease some of the trust land where you often see my brother’s Angus heifers grazing. As such I have been a regular visitor to Waitangi over many many years.There is nothing like the hot summers of the north and the colours of the sea in the harbour. When you look across the harbour and think about the strange quaint place of Russell back in the early 1840s and how it was described as a den of iniquity of the Pacific it is a hard thing to envisage. Named after the British aristocracy the charm of the settlement today is a far cry from that infamy. The local population was attracted to a mixture of deserters from ships escaped convicts from Botany Bay in Australia brothels grog sellers whalers and traders—all growing fat on all the incomers to that area. Nowadays there is little hint of that sordid past.What I like is how the Waitangi National Trust actually defines Waitangi. It is “a place for all New Zealanders a place of accord for all peoples. A place standing central to our history as a nation and at the centre of growth of our nation.” The trust’s vision for Waitangi for 2020 is to be a place of relevance to all New Zealanders to be New Zealand’s most important historical place to be an important tourism destination to operate in a sustainable long-term organisation and to be a model for bicultural development.After the signing of the Treaty in 1840 the Busby family continued to own the land and property and the house fell into disrepair. It was not until 1932 that the Governor-General Lord Bledisloe and his wife visited the Bay of Islands and agreed to acquire the 1000 acres plus the house with a view to gifting it to the nation. This historic spot the Treaty House and that land was formally handed over to New Zealand on 6 February 1934 commencing a tradition of what is now known obviously as Waitangi Day.The deed of the Waitangi National Trust drawn up in 1932 sets out the objectives for the Waitangi Treaty Grounds. The first board comprised the Bledisloes—as the donors—the Prime Minister Ministers representatives from certain Māori families and representatives from the Busby Williams and Wakefield families. The latter family—the Wakefields—I have got to say I am related to through my mother’s family.The board today continues to include descendants from all the families involved those 83 years ago but with the passage of time it is obviously now important to look at how the structure of that trust is established and to set it on a new course that is modernised and relevant to its current purpose. The trust is currently self-funded and carries out the work of maintaining the Treaty grounds without creating a cost to the people of New Zealand.The original Act the Waitangi National Trust Board Act 1932 has been examined in detail by the Māori Affairs Committee and unanimously recommended that the amendment bill should be passed with a list of amendments. This Government seeks to strengthen the financial viability and governance structure of the trust. So it is done really with the purpose that all New Zealanders and visitors alike continue to benefit from this historical site and there is nothing better than to be at Waitangi at dawn for the service or to watch the changing of the guard and the raising of the flag on those hallowed grounds.This amendment bill addresses the representation on the trust. At present the board has two sets of representatives: one being ex officio members—the Prime Minister the Minister of Conservation and the Minister for Māori Development as well as the Governor-General—and the second group being the representatives of the families of the Pākehā and Māori individuals who were prominent in New Zealand’s colonial past.In the case of the second group there is obviously a current disparity between the representatives of the Pākehā families where there is one member for each family and the representative for the Māori families being one member only. The Māori Affairs Committee’s deliberations recommend that each of the four Māori families has its own representative. Although this will increase the number on the trust board it is a logical outcome.The other step change in this bill concerns the ex officio members—namely the removal of the Governor-General and Ministers from the position on the board. If the Governor-General so wishes he or she may become an honorary patron of the trust. Thirdly forming a group of Crown representatives to continue to maintain the communication and sharing of information with the board was recommended. This group is going to consist of the Prime Minister the Minister for Arts Culture and Heritage and the Minister for Māori Development. Two additional MPs are going to be appointed to the board one from the Government and one from the Opposition.The removal of the Governor-General and the Ministers from the ex officio positions clarifies their roles and removes any ambiguity over their constitutional role versus their roles as trustees. A clear separation between the Government and the board will therefore exist while at the same time ensuring that positive work continues to exist on that board.Consideration is also being given to the maximum term of board members. They will be limited to 9 years being three terms of 3 years. At the moment there is no such constraint and there is a transitional measure that allows any person currently getting close to a 9-year term to roll that over for an initial 3-year term. That will help in a transitional sense to ensure ongoing representation during this period of change.I also just want to highlight the fact that this Government is absolutely focused on settling grievances. Under the Hon Chris Finlayson we have signed 46 deeds of settlement since 2008 and as at February this year 72 deeds of settlement have been signed and 43 of these have been passed into legislation. These represent over two-thirds of the land area of New Zealand and nearly half of all of the settlements that we expect to settle. And of course we have set ourselves a target that by 2017 all willing and able iwi will have deeds of settlement in place.This Government places much importance on settling grievances and also what we are doing with this bill is putting in place a modern framework that will help to continue that process. I want to particularly acknowledge the work of the Māori Affairs Committee and also the Minister for Treaty of Waitangi Negotiations in supporting this bill.Bill read a second time.