Little AndrewNGĀ ROHE MOANA O NGĀ HAPŪ O NGĀTI POROU BILL (NO 2)First ReadingHon ANDREW LITTLE (Minister for Treaty of Waitangi Negotiations): I move That the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill (No 2) be now read a first time. I nominate the Māori Affairs Committee to consider the bill.Typically as the Minister for Treaty of Waitangi Negotiations I would stand before the House today presenting Treaty settlement bills—or at least one of them—but today is the beginning of a new era the first of the Marine and Coastal Area (Takutai Moana) Act legislation. This bill represents a new opportunity for Māori and the Crown to further our relationship.I would like to extend a warm welcome to members of Ngāti Porou who have travelled to be here today to attend the first reading of this bill. Nau mai haere mai ki tō tātou Whare.I want to begin by paying tribute to the hapū of Ngāti Porou and their unflagging determination in ensuring the Crown honours its commitment to them. The dedication shown by this iwi has been paramount to this bill's success. I want to acknowledge all the people who have contributed to the deed of agreement and the deed to amend. You have worked for many years to hold the Crown to account for the commitments formalised in 2008.First it is important to acknowledge the resolve of the members of ngā hapū o Ngāti Porou. I want to acknowledge Dr Apirana Mahuika the late Dr Mahuika. It is with sadness we remember his passing so recent in our memories. E te rangatira haere haere haere atu rā.[To the great chief farewell farewell farewell.]As chair of the rūnanga and staunch advocate of the hapū of Waiapū this bill before the House today would not have been possible without Dr Mahuika's vision and determination. He had both the determination to have the rights of the hapū of Ngāti Porou protected and the vision to ensure this was done while protecting the legitimate rights of all New Zealanders.I must also pause to remember other leaders within Ngāti Porou—rātou kua whetūrangihia [those who have passed on]—while the work for this bill was going on. So many are in our thoughts today. Rātou ki a rātou tātou ki a tātou.[Let us leave those who have passed on and return to us the living.]I'd also like to acknowledge the work of my predecessor Christopher Finlayson. He took the Crown's relationship with Ngāti Porou through the review and repeal of the Foreshore and Seabed Act and into the enactment of the Marine and Coastal Area (Takutai Moana) Act. To say that this bill has had an interesting history would of course be an understatement. It is the outcome of many years of hard work and dedication. The bill is unique as it spans the history of two Acts and three Governments and its story begins in 2004 under the old Foreshore and Seabed Act. In 2008 Ngāti Porou were the only group to reach and sign a foreshore and seabed deed of agreement with the Crown. A bill was introduced to the House to give effect to that deed of agreement in September of that year. Due to the review of the Foreshore and Seabed Act this bill was not progressed beyond introduction. From the outset of that review Government consistently stated that it would honour and fulfil its obligations in the deed of agreement.Following the completion of the review of the Foreshore and Seabed Act the Crown and ngā hapū o Ngāti Porou agreed that the 2008 deed of agreement would be amended where required to reflect the enactment of the Marine and Coastal Area (Takutai Moana) Act. In 2017 the hapū of Ngāti Porou ratified the amended deed of agreement and it was signed by ngā hapū o Ngāti Porou and the Crown late last year.The bill before the House today gives effect in part to the amended deed of agreement. Rather than amend the 2008 bill a new bill will replace it. This is the bill before the House today. Its purpose is to contribute to the legal expression protection and recognition of the continued exercise of mana by ngā hapū o Ngāti Porou in relation to ngā rohe moana. The bill does this by recognising the unbroken unalienable and enduring mana of ngā hapū o Ngāti Porou in relation to ngā rohe moana. It provides legal mechanisms that support the expression and protection of the mana of the hapū of Ngāti Porou. However it also recognises the Crown has a responsibility to ensure public access to and the continuation of lawful activities and uses of the common marine and coastal area.Before I go further I want to explain a couple of the key terms in Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill (No 2) required to understand the effect of the bill. Ngā hapū o Ngāti Porou are the hapū who are party to the amended deed of agreement. This bill does not apply to the hapū who did not ratify or to hapū and iwi who are not part of Ngāti Porou descent. Ngā rohe moana o ngā hapū o Ngāti Porou is the rohe moana of ratified hapū in the common marine and coastal area. These areas extend out to 12 nautical miles and exclude private titles. The bill applies only in this area. The Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill (No 2) guarantees public rights of access fishing navigation existing resource consents and other lawful activities. In this regard it is no different to the Marine and Coastal Area (Takutai Moana) Act.This bill will provide a legislative regime for the recognition of their customary interests in the common marine and coastal area. In providing this regime the Crown honours its commitment to the 2008 agreement. I am dedicated to seeing that the Crown does this. The bill's mechanisms for recognising the customary interests of ngā hapū o Ngāti Porou are similar to those found in the Marine and Coastal Area (Takutai Moana) Act. However they have some unique features that reflect the agreement reached with the hapū in 2008. It provides for mechanisms that have been negotiated and agreed between ngā hapū o Ngāti Porou and the Crown that require legislation to bring them into effect. There are two forms of recognition for these customary interests. Part 2 of this bill sets out instruments that will apply across the whole of the hapū's rohe moana. Part 3 of this bill sets out instruments that will apply only where customary marine title is recognised in a particular area. The process by which customary marine title and other customary interests can be recognised is set out in Part 4 of the bill. This is similar to that in the Marine and Coastal Area (Takutai Moana) Act. The statutory tests that need to be met to recognise customary marine title are the same as in the current Act. Ngā hapū o Ngāti Porou can apply to the High Court for a customary marine title or to the Crown for an agreement.There are provisions within this legislation that are not available under the Marine and Coastal Area (Takutai Moana) Act. These provisions reflect the Crown's commitment to the original deed of agreement in so far as possible. I would like to draw to members' attention some of the instruments that this bill provides which are not available under the Marine and Coastal Area (Takutai Moana) Act. The first of these provisions is that ngā hapū o Ngāti Porou have up to two years from enactment to apply for customary marine title. The Marine and Coastal Area (Takutai Moana) Act had a deadline of 3 April 2017. This variance ensures that ngā hapū o Ngāti Porou have sufficient time to apply for recognition of rights.Secondly wāhi tapu or wāhi tapu areas can be agreed or ordered by the court across the whole application area not only in the customary marine title areas. However tests must be met for wāhi tapu or wāhi tapu areas to be applied and are the same as the Marine and Coastal Area (Takutai Moana) Act. There is a customary fishing regulation-making power at clause 49. Hapū-based fisheries management committees will be created. These committees can prepare fisheries management plans and propose by-laws in customary marine title areas—similar to that under the Fisheries (Kaimoana Customary Fishing) Regulations) 1998—but it is the Minister who then approves those plans.Finally a statutory overlay provides for an automatic right to be consulted over resource consent processes under the Resource Management Act and processes under the Heritage New Zealand Pouhere Taonga Act 2014 within any recognised customary marine title area.As you will all now realise this bill's rich history with the Crown is unique. It will be the only bill that provides for rights that were afforded in 2008 and also brings aspects of that deed into the new legislative framework. It ensures the integrity of the agreement and the Crown is upheld. I consider the bill should proceed without delay to the Māori Affairs Committee and I commend this bill to the House. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.