Turei Metiria: Third Readings 
Turei Metiria: Third Readings 
[Volume:607;Page:4836] 
METIRIA TUREI (Green) 
: 
 The Greens will support this bill in the third reading but not with as much joy as we had hoped. This afternoon the debate gave credence to the very real concerns that the Greens raised in the select committee about the clause that gives the chairperson a broad discretion to remove members of the panel. We were concerned then that the power could be used to take people off the panel for such reasons as being considered unfit. We were assured in the select committee that that was not the purpose of this clause although we were so concerned that we ensured there was a statement in the select committee report about it. I have been pleased that other parties in this House—ACT and United Future in particular—have also taken up that issue. 
It is a real concern that a senior Minister of the Labour Government is prepared to stand in this House and describe members of the tribunal as being entirely unreasonable—so unreasonable that they would not be able to perform their function and would have to be removed by a provision and a means that is not acceptable in any other court in this country. That is a clear demonstration of the deep lack of respect that senior members of the Labour caucus hold for Maori and for that Maori tribunal which has an enormously important role in this country. That is a very real issue that the Maori caucus needs to take up with its members. It is not something that should be taken lightly. That tribunal is one of the few means by which Maori have any control over their claims and the discussion of them. Under no circumstance should we be allowing it to be so badly disrespected and undermined by the Government in terms of its standing as a semi-judicial body. 
That said we are concerned about the provisions of the bill in the sense that one of the primary reasons members need to be replaced is because the tribunal is so severely underfunded that it is not able to complete its hearing within a reasonable period of time. There is no doubt that the claims need time for preparation and that they cannot happen as quickly as perhaps in other courts. Nonetheless in our opinion the delays are almost entirely due to underfunding and under-resourcing. The Green Party supports increased resources for the Waitangi Tribunal including adequate resources for claimants to prepare and present their cases and the increased transparency and accountability of the tribunal in that frame. 
As a result of underfunding and subsequent delays and the changes in membership that occur over long periods of time a number of claims are waiting to be completed. The Wellington Tenths is one that has been discussed but there are other claims such as the Wai 262 claim and I just briefly want to discuss that claim. The claim was nearly completed last year but could not be due to difficulties that this bill will in some part remedy. Members from over seven iwi in this country including my own Ngati Kahungunu—of which I am very proud—lodged the Wai 262 claim in 1991. Essentially the claim is that tino rangatiratanga incorporates decision-making authority regarding all the rights and responsibilities attaching to indigenous fauna and flora; that the Crown has consistently denied that authority and that Crown actions are a continuing breach of iwi tino rangatiratanga over indigenous flora and fauna. 
The claimants are seeking from the Crown resources to enable a proper consultation so that an overarching framework for the protection and promotion of matauranga Maori is developed but which is premised on Tikanga Maori and not on the commodification and privatisation of intellectual property. It is an extensive claim and it will have wide-ranging effects for all New Zealanders particularly as its basic kaupapa does not rely principally on the principles of the treaty but on the rights of Maori as tangata whenua in this country. This claim gives all of us—every New Zealander—the opportunity to reconsider the privatisation or propertarian model and instead apply other values more appropriate to the protection management and conservation of our environment and our indigenous flora and fauna. 
The Greens are particularly concerned that this claim is heard and finally reported on. For too long the importance of the indigenous peoples in the conservation of biological diversity has been undermined and ignored. The Greens are committed to tangata whenua as kaitiaki and we welcome the application of indigenous values and kaitiakitanga to the conservation framework. In our view it is only through cooperation between tangata whenua and the conservation movement that we will be able to truly restore and rebuild the treasure that is our collective natural heritage. In that respect there is a significant connection between the environmental movement and tangata whenua—as long as kaitiakitanga is respected and becomes integral to the process. The rights of tangata whenua to control manage and develop matauranga Maori must be recognised at both a Government and community level. The Greens look forward to the report on the Wai 262 claim which will be enabled through the provisions of this bill. We are pleased that it will be completed sooner rather than later.