Mapp Wayne: Ngati Awa Claims Settlement Bill — In Committee Procedure 
Mapp Wayne: Ngati Awa Claims Settlement Bill — In Committee Procedure 
[Volume:623;Page:18827] 
Dr WAYNE MAPP (National—North Shore) 
: 
 The importance of this part is that clause 15 states that the settlement of the historical claim is full and final. I know that that is the overall intent of the entire settlement process and indeed National is determined that this country will complete the settlement process. Part and parcel of that is obviously that settlements are full and final. It is the same form of acknowledgment seen in the settlements that the National Government was involved in. 
The Maori Affairs Committee in its commentary on the bill noted that only 40 percent of eligible iwi members voted on the deed of settlement and of that number 78 percent supported the settlement offer. That is actually less than 40 percent. Therefore barely a third of eligible iwi members supported the settlement offer. The select committee noted in particular—and I bring this to the attention of the Committee—“The committee is concerned however that numbers participating in the ratification process were low. This concern has been expressed previously in regards to other Treaty claims settlement legislation as it may ultimately affect the durability of settlements.” 
The problem is that this rate of participation is significantly lower than in other substantial settlements. Although we are legislating that the settlement is full and final—and National will be voting as will the Government that it is—can we be confident that maybe 50 years from now the members of the iwi at that stage will not be coming to the Government and saying that there was not sufficient participation to bind subsequent generations? What level of assurance can the Government give us that the process that was entered into—this provision—has sufficient integrity to bind members of future Governments and more particularly claimants? 
The Government will say there is no ultimate guarantee and that is correct but this is a very serious issue. The select committee has specifically drawn to the Government’s attention the need to increase the level of participation. It is not good enough to say as previous Government speakers have said that those people had the opportunity to participate. Special care has to be taken because these settlements are intended to be full and final not just for 50 years but literally forever. As a nation we are not intending to revisit these issues again because the process that has been gone through in this generation is intended to be sufficiently deep and wide ranging so as to bind not just this generation of claimants within Ngati Awa and the Crown but all future generations. It is not like the settlements of the 1940s which we have acknowledged today were inadequate. Essentially they were imposed settlements. These settlements are supposed to be different. They are supposed to be reached by agreement—not imposed—and therefore enduring. 
So I ask the Minister in the chair the Hon Damien O’Connor to take a call and set out what strategies the Government has in place for future settlements. Obviously they cannot be done for this settlement because the events have occurred but we do need a much deeper process of participation to give assurance to New Zealanders that the process of settlements we are currently going through closes the book forever—not just for one generation not just for two generations but literally forever. 
As we develop as a nation it is important that we find the things that bind us together rather than look at the seeping wounds that divide us. Ensuring the integrity of the process will be part of that search.