Flavell Te Ururoa: Whakarewarewa and Roto-a-Tamaheke Vesting Bill — First Reading 
Flavell Te Ururoa: Whakarewarewa and Roto-a-Tamaheke Vesting Bill — First Reading 
[Volume:650;Page:19247] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Tena koe Mr Deputy Speaker. Kia ora tatou katoa. E Pita he paku korero ki a koe ki a koutou e tangi nei mo ta koutou hoa to tatou hoa a ka nui te tangi o te ngakau i tenei po. Waiho a ia kia moe.  
[ 
Greetings to you Mr Deputy Speaker and to all of us. Pita a little word to you in respect of you collectively mourning your colleague our colleague; there is much grief within us tonight. Let him rest 
.]  
Te Whakarewarewa o Te Ope Taua a Wahiao is perhaps the closest to what we would call a national icon. It is the first location on the tourism map a site of significance for overseas dignitaries and a busy and active business enterprise. Over the centuries a regular stream of distinguished manuhiri have been called on to Pakira Marae at Whakarewarewa as a mark of the esteem in which this nation holds them. I found out that in the 1880s Te Kooti Rikirangi founder of the Ringatu Church was officially welcomed on there. When the late King George V and Queen Mary visited Whakarewarewa in 1901 apparently over 5000 of our people and 3000 Pakeha people arrived in Rotorua. I am told that huge crowds flocked to Whakarewarewa for the civic welcome home of the Maori Battalion when it returned from World War II. And we remember those unique world-famous guides who brought such quality to the tourism trade of this nation: Guide Rangi Guide Maggie—Makereti Papakura—Guide Bubbles and Guide Sophia. Those from Rotorua know that Guide Rangi is said to have made world headlines when she greeted Eleanor Roosevelt First Lady of the United States with a hongi. 
But Whakarewarewa is also much more than a priority on the touring itinerary. In tribal history it is the unique home of atua Te Pupu and Te Hoata who emerged from the core of Papatuanuku breathing in and out creating in their path the geysers the bubbling hot pools and the hot springs. 
From what we heard at the Maori Affairs Committee it seems that Ngati Wahiao are confirmed as the customary holders of the ancestral lands of the Whakarewarewa Valley. They have lived there since way back. They live there to this day. The large carved tupuna whare there is called Wahiao. It is named for these people. The Whakarewarewa Valley land comprises the Whakarewarewa Thermal Springs Reserve and the Southern Arikikapakapa Reserve. 
The Tuhourangi people we were told found refuge in the valley after the devastating 1886 eruption of Tarawera mountain. Through Native Land Court decisions in 1883 1888 and 1893 the entire area became vested in the Crown. Ngati Wahiao maintained fee simple title to the adjoining lands through to the present time. Many of the Tuhourangi people settled with their relatives the Ngati Wahiao people at Whakarewarewa and there was some intermarriage—as one would expect—as a result. We heard from whanau who described how their grandmothers and obviously their mothers were of Ngati Wahiao or perhaps their fathers were. Intermarriage happened they all lived in close proximity and there became an association between the two peoples. Those who gave their views at the select committee were clear that the mana whenua has always rested with Ngati Wahiao. 
And so we are here today to initiate a deed with the Crown to provide for the transfer of the Whakarewarewa Valley land and the Roto-a-Tamaheke Reserve to Ngati Whakaue and Tuhourangi Ngati Wahiao. The Ngati Whakaue link here as I understand it is to what might be called Arikikapakapa and Te Roto-a-Tamaheke. 
This is where the challenge begins. The introduction of vesting legislation to effect the transfer is not without difficulties as other members have said tonight. Although I made reference to Whakarewarewa as a site of national significance it is important from the outset to note that there is dispute around the very notion of giving customary rights to both Tuhourangi and Ngati Wahiao. I had better say that the matters relating to Ngati Whakaue are relatively clear. As others have said Te Maru o Ngati Wahiao believes that this bill in giving customary rights away is a wrongful alienation of an established property right without consent. Ngati Wahiao have comprehensive documentary evidence of the petitions they have laid before the court dating back to 1883. They describe Tuhourangi as being admitted to Whakarewarewa by a tuku of land later and state that for the purposes of this legislation Ngati Wahiao will be included with the descendants of Tuhourangi. 
I have received a letter that was sent to the Minister of Maori Affairs and Dr Cullen from the hapu nominees for the Whakarewarewa Valley negotiations which will be fundamental to future dialogue and debate. In that letter it is stated that on 5 February 2006 Te Pumautanga o Te Arawa promised that the valley would be returned exclusively to Ngati Wahiao. As I expressed this morning on the Affiliate Te Arawa Iwi and Hapu Claims Settlement Bill where these pieces of land have been returned under the affiliate the matter of the uncoupling of Ngati Wahiao from Tuhourangi needs to be sorted because here is the follow-up bill that takes it from Te Pumautanga o Te Arawa to a new entity. Having both bills so close has not helped. 
So what is the problem? Well it seems that the key matter as I say is to recognise the mana of Ngati Wahiao in the arrangement by uncoupling the names. I have tried to get a good handle on this and why the split has come about. It seems to be something like this. The land in question is included in the Te Pumautanga o Te Arawa legislation. Tuhourangi Ngati Wahiao are an affiliate to that organisation as we learnt this morning. This Whakarewarewa legislation allows that land to be allocated to beneficiaries. So as I understand it Te Pumautanga o Te Arawa calls an endorsement hui at Wahiao to consider the bill and the people at that hui indicate a desire to protect the interests of Ngati Wahiao and they vote to have three Tuhourangi plus three Ngati Wahiao work together with Ngati Whakaue representatives. In order to progress the agreement it is decided to have an endorsement vote. In order to consider those who could participate those who were registered with Tuhourangi Ngati Wahiao under the Te Pumautanga o Te Arawa arrangement were able to vote in a postal ballot—no problem. Because Ngati Wahiao as an iwi were not recognised under the Te Pumautanga o Te Arawa deal as a distinct entity they were required to have a ballot taken at a hui called on 27 July 2008 at Wahiao. Clearly Tuhourangi has a database of beneficiaries and circulates papers to those people not only in Rotorua but throughout the country and abroad. Ngati Wahiao on the other hand rely on those who attend the hui. A concern raised was that the actual landowners could not be present and could not participate in the postal ballot because they were not registered or perhaps were overseas. 
Hon Darren Hughes 
: Speak from the heart. Put the notes away. 
TE URUROA FLAVELL 
: I am. As I understand it the postal ballot delivered around 400 responses. The hui ballot attracted around 40-50 votes. The postal ballot was clearly in favour. The hui vote was against. Was it clearly understood that the two votes would be combined? Of that I am not sure but it was not understood by some. The view of Te Maru o Ngati Wahiao was that both methods of voting had to be won; if for example the hui vote was lost as happened that was the end of the deal. This some thought was to give strength to the matter of the significant mana whenua interests of Ngati Wahiao. 
So where are things now? Well I am not too sure about that but the concerns remain. And so with this context in mind it is on the cards and can be pretty much predicted that the select committee process will be fraught with a little bit of conflict. This bill gives effect to the deed to transfer recreational reserve lands Whakarewarewa Valley land and the Roto-a-Tamaheke Reserve to Ngati Whakaue and Tuhourangi Ngati Wahiao. The bill also defines a joint trust established by Ngati Whakaue and Tuhourangi Ngati Wahiao to hold the three sites. In itself all of this may well be challenging. The way in which Ngati Whakaue Tuhourangi and Ngati Wahiao discuss together how to determine an appropriate division of responsibility and ownership in relation to this site will inevitably be crucial for future relationships. 
The land in question is substantial. The Whakarewarewa Thermal Valley includes the 45 hectare Whakarewarewa Thermal Springs Reserve and the 15 hectare part of the Arikikapakapa Reserve on which the Maori Arts and Crafts Institute stands and of which it has a lease in perpetuity. The valley also includes the Roto-a-Tamaheke Reserve of 4.3 hectares and part of the Whakarewarewa forest. 
At the heart of this bill is the notion that the transfer is intended to assist the Crown in building a healthy relationship with Ngati Whakaue and Tuhourangi Ngati Wahiao. That is well and good but the crucial matter will be whether our own internal processes can come to a win-win situation for all. Against the background I have tried to paint is there a willingness to do this? Like other members I hope so. Is there anything to lose by those involved talking with each other? Not really; it will not cost anything. Could it be a facilitated process? It is not for me to say but the model is there in the central North Island iwi deal with people like Wira Gardiner. In the end the worst possible outcome would be for us to arrive back here to hear the bill in the select committee process and to find division. Ko taku noa ake ko te ki atu ko te tumanako ia ana ka whakakotahi nei tatau i a tatau kia tutuki pai tenei o nga moemoea. Huri noa i te Whare tena koutou kia ora tatau. 
[ 
Mine is simply to advocate the hope that we become united so that this one of the dreams is completed well. Greetings to us throughout the House and thank you 
.]