Flavell Te Ururoa: Ngati Mutunga Claims Settlement Bill — Third Reading 
Flavell Te Ururoa: Ngati Mutunga Claims Settlement Bill — Third Reading 
[Volume:635;Page:6532] 
TE URUROA FLAVELL (Maori Party—Waiariki) 
: 
 Ko te titohea ka mengiatia he puna koropupu ahakoa tukitukia e te poaka. E kore e mimiti ka koropupu ka koropupu ka koropupu. 
[ 
The land even though it has been made barren by uprooting by pigs is like a pool that continues to bubble up. It will not diminish but will continue to bubble up. 
] 
Titohea makes reference to a free-flowing spring whose flow despite being defiled by pigs will not diminish. Indeed it wells up and gushes forth in spite of the pollution and the filth that surround it. This korero is extremely appropriate today. 
Ngati Mutunga no koutou tenei korero. Kei te mihi te Pati Maoriki a koutou Ngati Mutunga mo ta koutou maia ahakoa tukitukia e te hau e te ua e te pu e te raupatu e te muru o te whenua tena koutou katoa. Hara mai me nga mate hara mai me te raukura. 
[ 
This is about Ngati Mutunga. The Maori Party commends you for the courage and perseverance to withstand the devastations caused by elements of nature land wars confiscation and loss of lands for being so resolute despite being battered about by the elements the musket conquest and confiscation of land; greetings to you all. Welcome with your grievances and plume. 
] 
Today we commend Ngati Mutunga for the courage and perseverance to withstand the devastation of raupatu in the context of confiscation and colonisation. Ko koutou ko era atu iwi hapu o Taranaki me ki ko nga iwi o Tokomaru Kurahaupo o Aotea waka. 
[ 
Let us say that you and other tribes and subtribes of Taranaki are those of the Tokomaru Kurahaupo and Aotea canoes. 
] 
The Maori Party is mindful of the analysis of the Waitangi Tribunal in the 1996  
Taranaki Report 
. That report described the context of Taranaki as beyond comparison stating: “There may be no others where as many Treaty breaches had equivalent force and effect over a comparable time.” Not many in this country will know that military action in Taranaki on behalf of the Crown did not end until the invasion of Parihaka in 1881 or that conflict with the use of arms was spread not over one not over two but over 40 years of violence and that Taranaki experienced relentless attacks on the people who placed their faith in the prophets of peace Te Whiti Tohu and Titokowaru. 
But the tribunal went further to suggest that while the pain of war may soften over time the real issue that remains the central problem is the relationship between Maori and the Government. The passive resistance of Taranaki iwi and hapu was punished with land deprivation the burning and ransacking of homes the destruction of crops and the assault of the pen. These matters are well recorded in our history. Special legislation was enacted to deny all rights of trial. Several hundred of Taranaki Maori were sent to jail indefinitely to places like Otakou—to Dunedin. The imprisonment and sedition charges laid against their leaders were intended to annihilate the movement and to force the people to retrench from their position and to retreat into submission. E kore e mimiti te puna ka koropupu ka koropupu ka koropupu tonu. The spring will never diminish. It will continue to bubble. 
And so it is that Nga Uri o Nga Tupuna o Ngati Mutunga are here today. It would benefit members of this House to travel to Taranaki to places like Parihaka and Urenui to sit in the whare puni of Taranaki to understand the depth of feeling about confiscation about the locking away of their leaders. The songs and the haka of Taranaki capture that history. Piki mai Pungarehu ka tangi mai te piukara—climb the hill at Pungarehu and one can hear the sound of the bugle. E rere ra te motu nei ki roto koia o Parihaka. 
[ 
This part of the land must seek refuge at Parihaka. 
] 
Reference is made to the arrival of soldiers at Parihaka. Despite the histories that have been told and the waiata that are sung the mamae must remain in the hearts of the Ngati Mutunga people. 
So to assist the House to understand the context I thought I might try to use a role play to convey the effect of the deed of settlement in which the Crown and Ngati Mutunga agree to a full and final resolution of all Ngati Mutunga historical claims. For the purposes of this role play I will enlist the support of the Hon Mita Ririnui. Our key prop in this scenario is a fictitious house belonging to the honourable member. For the purposes of the exercise it has been valued at $250000. Think about this. Two years ago when the Maori Party was getting established we had to take Mr Ririnui’s house off him to set up the national headquarters of the Maori Party. We did this in the best interests of the nation. That is what we are here for—the best interests of the nation. 
With the benefit of hindsight and on careful reflection we realise that it was not really fair so we are prepared to fess up and suggest that it would be in the best interests of the nation that we the Maori Party acknowledge that we were at fault and that we are willing to enter into a process of negotiation to make amends for the confiscation of his property. We hope that Mr Ririnui will agree to the settlement which we can both accept as fair in the circumstances. We believe that it would be fair in the circumstances to offer Mr Ririnui a settlement price of approximately 1 percent of the value of the house—a value that we believe represents the value that will stand for at least another 25 years. We are here with our cheque in hand for the sum of $2500. 
We based this amount on an evaluation we got from a commission that we have used in similar situations. We understand that Mr Ririnui has another valuation different from the one that we prefer. Aroha mai we will stick with our one thank you. Unfortunately the Maori Party is unable to pay any more for the house because our long-term goal is to expand into other areas. We need to consider the overall quantum in order that we are able to afford to take the houses of other Ministers in due course. 
We are however always willing to be reasonable and indeed our generosity knows no bounds in that we are prepared today to table an apology for having to take his house for the best interests of the nation. I am sorry but we did want the member’s house. We know that the Ririnui whanau has a vested interest as such in the house through the Ririnui family trust and ever wanting to be helpful we suggest that Mr Ririnui disestablishes the family trust and transfers all of the assets and functions of that body to another post-settlement governance body—well actually our offer is conditional upon this. 
Fairness however must always operate within fiscal constraints. So we further direct that we set up a board to which we appoint some representatives to ensure that the new post-settlement governance body will be accountable for the settlement funds—remember they are $2500. We would like Mr Ririnui to let everyone know in his whanau and take a roll-call at all of his meetings so that we can trust that they have participated in the process. His children and grandchildren have a vested interest in knowing what koro and kuia are doing. Everyone can have a vote for the $2500—the 1 percent. Any costs involved shall be met from Mr Ririnui’s own resources. The $2500 that Mr Ririnui will receive for his house shall be put into a trust fund and we have some helpful suggestions about how that fund can operate. 
We believe that this settlement is fair in the circumstances and we will celebrate with Mr Ririnui and his whanau as we take the nation forward. To prevent any further problems we recommend that this settlement is full and final. There will be no coming back. We thank Mr Ririnui for the spirit of cooperation. 
The question is whether anyone would sign it—$2500. If it was a “take it now or go to the back of the queue” offer I suppose some probably would. The Maori Party has consistently raised our concerns that the Treaty settlement process is fundamentally flawed. On the one hand we respect the right of iwi to do as they will provided that people know what is happening. This is tino rangatiratanga. On the other hand the process the quantum is wrong. We say that the Crown will go to whatever means it can to achieve settlements—settlements that stand the risk of creating divisions in whanau hapu and iwi. 
Thankfully this was not the case with Ngati Mutunga. Settlements resolved with a quantum that Ngati Mutunga humbly described as modest we describe as outrageous. The quantum is not negotiated. A cash settlement of $14 million with $400000 of that already set aside for negotiation costs does not cut it when one considers the travesty of justice experienced in Taranaki. Ngati Mutunga were required to carry the bulk of the cost themselves. 
A lot of questions remain unanswered one of which is why Taranaki which suffered the worst excesses of war and raupatu had to struggle to find resources to undertake settlement. We welcome Ngati Mutunga back and some time in the future when circumstances may indeed be fair we will speak to Ngati Mutunga about how justice can not only be seen to be done but in fact be done. Ngati Mutunga tell your children and their children that the Maori Party has extended that invitation. Tera te wa ka hoki mai koutou ki konei. 
[ 
A time will come when you collectively will return here. 
] 
This is an invitation that we will give as a priority when the time comes for us to form a Government in the future. Kia ora tatou.