Mahuta Nanaia: Foreshore and Seabed Bill Resource Management (Foreshore and Seabed) Amendment Bill — Third Readings 
Mahuta Nanaia: Foreshore and Seabed Bill Resource Management (Foreshore and Seabed) Amendment Bill — Third Readings 
[Volume:621;Page:17207] 
NANAIA MAHUTA (Labour—Tainui) 
: 
 A tuatahi he mihi maioha ki te koroheke e takoto mai anai te marae kei Turangawaewae. Takoto e koro moe mai okioki. 
[ 
In the first instance a loving tribute to the elder lying in state at the Turangawaewae Marae. May the elder lie there sleep rest 
.]  
I just wanted to acknowledge the passing of a grand uncle Tumate Charlie Mahuta who is now lying in state at Turangawaewae Marae. As his net is cast aside I guess people are getting ready to cast a new net. When people reflect on this issue of foreshore and seabed they probably will never appreciate the crossroad that the country had come to in May this year. It was a time when the country had a real opportunity to confront the travesty of its own history and not to repeat the same mistakes. Instead fear-driven statements and articles took the headlines and the media. Now it is fish and chip paper. So what will people remember? I think some will think that not enough change has occurred and some will think that some has today. One has to wonder whether we will ever learn from the mistakes of history. But we all know here today as parliamentarians that politics is the art of the possible. 
The question of moving common law rights into statute was bound to challenge any Government. The foreshore and seabed legislation has had a tumultuous journey from beginning to end right up until this point. The level of opposition from Maori is a concern and should be an ongoing concern for every member in this House. When we have legislation that protects existing private property interests compensates local authorities for the removal of their interests and introduces a protection mechanism for Maori customary rights that they do not agree with one can bet these matters will have to be revisited.  
All that is required to pass this legislation is the consent of Maori and that has not occurred when it mattered most. Notwithstanding that it is no good just to recognise the problem. We have to work in Parliament and in Government to be able to effect some change. I have worked hard through the parliamentary process to try to effect as much change as possible. I will highlight some of the causes that I believe may be opportunities for Maori in the Government Supplementary Order Paper.  
Firstly I refer to new clause 2A the object clause in the Foreshore and Seabed Bill. It provides for the protection of all citizens’ rights having first provided for and protected Maori connection to the take tai moana. It is an implicit statement of a fiduciary responsibility on the Crown. Clause 11 makes it absolutely clear that the full legal and beneficial ownership of the foreshore and seabed is confirmed in the Crown and does not affect the customary rights provided for in Parts 3 and 4 of the Foreshore and Seabed Bill. That again reinforces that there is an inherent fiduciary obligation.  
New clause 28 in that bill recognises customary rights which in effect are customary title. It is the clause that may have to be revisited at some point because the test to confer a territorial customary right is based on the contiguous land test which in itself is a very high threshold. Even Dr Paul McHugh indicated that while contiguous ownership is likely to be necessary it may not be in itself sufficient. I think that consideration should also be given to tikanga in fixing the scope of evidence back to 1840 in order to award a territorial customary right. I hope such matters can be taken care of by the High Court and I believe that at some point this matter will need to be revisited.  
The inclusion of a redress measure is also a positive gain and many members before me have talked about the provision of a foreshore and seabed reserve. It is largely based on the Okahu Bay model and more accurately transfers decision making back to local peoples and that is where it should be.  
The final clause is the protection mechanism that ensures that all treaty settlements past present and future will not be affected by this legislation. This gives an absolute undertaking to those outstanding claimants that their ability to reach a negotiated outcome whatever it may be is protected. There are many outstanding claims throughout the whole of the Tainui electorate. Notably so are the outstanding claims for Hauraki Waikato and Maniapoto along their respective coastlines. But there are many more claims in other iwi so this clause protects all their interests.  
It is my sincere hope that the territorial customary rights or customary title as I would call it can be awarded. Only time will tell. I hope this Parliament does not wait too long to address two fundamental issues to enable access to justice via the mechanisms proposed in this legislation. First is the matter of legal aid. I believe we should support groups applicants to take cases to the High Court and second to get a reconsideration of the contiguous land test to establish a territorial customary right which I commented on earlier.  
I expect that many New Zealanders are listening to this debate. Many will be Maori all will be New Zealanders and many will be disappointed with the lack of progress. This is the world we live in. We can be effective only if we continue to find ways forward that bring peoples together and move them forward together respecting one another’s difference and diversity and where their starting points are. More needs to be done in this area and it takes the commitment of the whole of this Parliament. Violence simply will not do neither will a civil war. We already know through world events that this is not a solution. It is unacceptable and none of us should tolerate it anywhere on any issue in New Zealand.  
I know that the legislation is not supported by the confederation of iwi in Tainu. Waikato Maniapoto Hauraki and Raukawa do not agree with many of the mechanisms contained in it. They have not really had the chance to hear it. I suspect their path will be one of a negotiated treaty settlement outcome. The door is open for them and I will continue to work hard on behalf of the Tainui electorate to assist and support them. I regret that a better process did not secure a more comprehensive mandate of whanau hapu and iwi whose rights this legislation fundamentally affects. It is for this reason that I will not be standing on the Labour Party list and the electorate will have the final word on this at the next election on my ability to represent them in the Tainui electorate.  
This bill does not need my support to pass. My decision to support the Government is pure pragmatism a political judgment and it seems to me that by taking this step the door is open for the electorate of Tainui for all constituents for all iwi whanau and hapu to work with a Government that is committed to trying to get things right and we all have to start somewhere. 
No reira ko ngakorerowhakamutunga mai itokutupuna a Mahutai te waikonei ia “I haere Maori atu i hoki Maori mai.” Ana i te mutunga ka hoki katoa tatou ki te kainga. Ka mutu. Kia ora. 
[ 
So my ancestor’s final words when he was here were: “I went as a Maori I came back as a Maori.” In the end we will eventually all return home. I end here. Thank you 
.]