Mahuta NanaiaTE TURE WHENUA MAORI (SUCCESSION DISPUTE RESOLUTION AND RELATED MATTERS) AMENDMENT BILLFirst ReadingHon NANAIA MAHUTA (Minister for Māori Development): I move That Te Ture Whenua Maori (Succession Dispute Resolution and Related Matters) Amendment Bill be now read a first time. I nominate the Māori Affairs Committee to consider the bill.This approach that we're leading is taking whenua Māori and these reforms to a different place. The previous Government tried to introduce a bill that was championed as Māori-led reforms but had massive opposition from Māori land owners. At the time we opposed these reforms which appeared to preference the utilisation of Māori land over the protection of Māori land for the next generation and engaging Māori land owners in the development of their own whenua. So I'm pleased to say at the heart of this new bill are small and targeted reforms which will reduce the compliance and complexity Māori land owners encounter when they engage with Te Ture Whenua Maori Act and the Māori Land Court.As an example these reforms will introduce a tikanga-focused resolution service that will offer Māori land owners a way to settle issues outside of a formal court hearing. Tikanga in relation to Māori land can better accommodate beneficial outcomes and that's what we're seeking to do. To realise the full potential of Māori land whānau need an effective regulatory framework that is fit for purpose clear accessible and futureproofed.This is an important bill as 1.4 million hectares of whenua Māori remains in Māori freehold title. It's crucial that this land becomes more economic in the interests of not only Māori land owners but all of Aotearoa and Māori must be at the centre to that development. Māori have a deep spiritual connection to whenua. It's an intergenerational connection which is recognised as taonga tuku iho. Māori are the kaitiaki of this taonga our whenua which provides a source of unity and identity for tangata whenua.A long and complex history precedes Māori land tenure here in New Zealand and the role of the Māori Land Court has been chequered in and of itself. But we can now say that Te Ture Whenua Maori Act 1993 represented a shift in the legal framework from one that transferred whenua out of Māori control to one that promoted both retention and utilisation. The Act has now been in operation for over 25 years and can provide a sound framework for Māori land tenure supporting Māori to retain as well as develop and utilise their land but we can improve the way in which the Act is operating.Our Government is committed to improving services and outcomes for tangata whenua who are seeking to use their land in a productive and sustainable way. That's why we need to make some practical and technical changes to the Act to reduce the complexity and compliance they encounter when engaging with the Māori Land Court.Let's go to the bill. The bill addresses various issues associated with the processes of succeeding to Māori land. Currently to succeed to Māori land interests an application must be made to the Māori Land Court to prove the successor's right to succeed. All applications need to be heard at a sitting of the court. The length complexity and associated costs of this judicial process can be a disincentive for whānau to succeed to their whenua and this has contributed to a high number of land interests remaining in the name of deceased persons. The bill will allow for simple and uncontested succession applications to be received confirmed and recorded by a Māori Land Court registrar. This simplified process will reduce the time and cost of whānau of attending court and encourage whānau to reconnect with their whenua and participate in its management.Some additional changes will also be made to address other issues with succession. For instance the bill will specify that the right of whāngai to succeed to Māori land interests of a deceased person will be determined by tikanga Māori.In terms of dispute resolution the bill provides for a tikanga-focused mechanism to assist Māori land owners to resolve disagreements and conflicts about their land. The resolution process recognises that disputes involving Māori land are often delicate sensitive situations involving people with close kin ties to each other. Enabling the parties to come up with their own solutions to resolve a dispute outside of court will be a helpful and progressive step forward and will maintain the relationships between whānau. The dispute resolution process will be available for proceedings that are already before the Māori Land Court as well as those in which court proceedings have not yet been identified.Applicants will be given the ability to choose their own mediator to assist the resolution of disputes. At the moment however there are only a small number of suitably qualified people skilled in both mediation and tikanga. For this reason the process will begin with judges providing mediation which is now the case for disputes involving Māori fisheries and aquaculture. There is a pool of talent on the bench to be able to apply tikanga and I'm pleased that this is an innovation where we can use their expertise. The use of external mediators will be delayed until 2022 to enable a pool of potential mediators to be increased. The Māori Land Court does not have jurisdiction to hear certain matters relating to Māori land even though it may be the more appropriate forum to do so. The bill will allow the court to hear applications relating to Māori land for matters associated with the Family Protection Act the Property Law Act and a range of other legislation. The bill makes improvements to the way that the Māori Land Court functions such as allowing a registrar to deal with simple applications relating to Māori land trusts and also ensures that remedies available to enforce a decision are practical and effective. For instance when whānau apply for an injunction the court will now be able to require a person to remove an object or repair any damage to the land. These changes will bring the Māori Land Court in line with other courts and enable it to oversee matters that lead to better protection over whenua Māori.To obtain an order to occupy—that is to live on the land—the applicant must generally be a beneficial owner of that whenua. This disadvantages people who have placed their interests in a whānau trust as legal owners are not able to apply for an occupation order. The bill addresses this shortcoming by enabling the Māori Land Court to grant occupation orders in favour of a beneficiary of a whānau trust and I know that this will make a huge difference for whānau considering moving back home. The bill also removes one of the main obstacles to the development of papakāinga housing on Māori reservations. Currently a lease or occupation licence may only be granted for 14 years on a Māori reservation which makes it really difficult for whānau to get funding from banking institutions for papakāinga development. Enabling a lease or occupation licence to be granted for longer terms will enable whānau to access finance and will support them to connect to their marae and whenua contributing to the intergenerational wellbeing of their whānau. A small number of minor and technical changes are being made to improve the operation of the Act. These changes will better align Māori land trusts and incorporations with similar governance bodies and will make it easier for whānau to establish Māori incorporations if that is their wish. The difficulties associated with accessing landlocked land prevents the use and enjoyment of whenua. Currently the factors that the Māori Land Court may take into account when granting an order for reasonable access to landlocked Māori land are too restrictive—for instance the court is not able to take into account the culture and traditions of the applicant with respect to the land. The bill allows the court to take account of a broader range of factors. By doing so it will help unlock the unrealised potential for growth including job creation for whānau especially in relation to landlocked land. The targeted amendments to Te Ture Whenua Maori Act are part of the Whenua Māori Programme which was announced in February last year. As part of the Budget $56.1 million was allocated over four years towards implementing the programme which aims to stimulate the social and economic development of whānau through the 1.4 million hectares of whenua Māori that remains in Māori freehold title. This investment will do a number of things: it will modernise the Māori Land Court information system it will provide new and enhanced Māori Land Court services it will create a whenua knowledge hub and website specifically for Māori land owners so that they have access to accurate data and information to make decisions and it will enable regional advisory whenua services providing on-the-ground support starting with Te Tai Tokerau Waiariki and Te Tai Rāwhiti. There is further legislative reform on the way but I'll save that for another time. I do look forward to hearing from submitters Māori land owners legal practitioners and the select committee who will be I understand having a full set of hearings. There's a lot of potential out there amongst our Māori whānau if they can access their land. These changes are designed to ensure that there is a method to be able to ensure not only that they can access and succeed to their whenua but they have knowledge information streamlined processes and services on the ground to help them realise their true potential. I'm really pleased to be able to support this. I want to acknowledge Meka Whaitiri who led the charge on the way in which this Government should be going forward on ture whenua Māori reforms. I commend the bill to the House.