Burton Mark: Te Arawa Lakes Settlement Bill — Second Reading 
Burton Mark: Te Arawa Lakes Settlement Bill — Second Reading 
[Volume:633;Page:5034] 
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations) 
: 
 I move  
That the Te Arawa Lakes Settlement Bill be now read a second time 
. The Te Arawa lakes have long been viewed as a national treasure to be enjoyed by New Zealanders. These lakes have long been enjoyed by families by tourists and by recreational fishers alike. But for Te Arawa these lakes have an even greater meaning. Every single lake has a story to tell handed down from generation to generation. The lakes have provided sustenance and a way of life for Te Arawa. Te Arawa has and always will have a cultural and spiritual relationship with these lakes. 
This bill is an important milestone to Te Arawa and to the Crown. It signals the beginning of a new era in the relationship between the Crown and Te Arawa with regard to the lakes. I encourage every member of this House if they have not already done so to read carefully the preamble to this bill. It sets out the path that Te Arawa and the Crown have travelled to get to this point. I acknowledge the work and the commitment by the previous Government in 1997 to make an exception to the Crown’s comprehensive settlement policy in order to allow Te Arawa to negotiate their grievances in relation to the lakes separately from their other grievances. I also acknowledge the decision in 1998 to recognise the mandate of the Te Arawa Maori Trust Board to negotiate this claim on behalf of all Te Arawa. 
This bill sets out the Crown’s acknowledgment and formal apology to Te Arawa for past dealings that breached the Crown’s obligations under the Treaty of Waitangi. Through it the Crown also acknowledges that a number of Crown actions have caused grievances to Te Arawa. For example the Crown acknowledges that the introduction of exotic fish species significantly depleted the indigenous species upon which Te Arawa depended for food for hospitality for trade and for koha. Further the Crown acknowledges that Te Arawa petitioned the Crown for several years concerning the depletion of indigenous species and restricted access to new species. Indeed some of Te Arawa were prosecuted for fishing in the lakes without a licence during that time. The Crown acknowledges that it failed to review the annuity paid to Te Arawa as part of its 1922 agreement regarding the lakes when that annuity materially lost value as a result of inflation over a number of years. This bill will settle all Te Arawa’s historical claims relating to the lakes including any claims relating to that 1922 agreement and the annuity payments pursuant to the 1922 agreement. 
This settlement vests in Te Arawa the fee simple estate of 13 lake beds with the Crown retaining ownership of the water column and airspace above the lake beds. It establishes the Rotorua Lakes Strategy Group as a joint committee under the Local Government Act 2002 to provide advice on the management of the lakes. It records a formal apology to Te Arawa to their ancestors and to their descendants for the Crown’s breaches of the Treaty of Waitangi. It provides a statutory acknowledgment to recognise Te Arawa’s strong spiritual cultural historical economic and traditional association with the lakes. It includes a financial redress of $2.7 million to recognise the economic loss suffered by Te Arawa arising from the Crown’s Treaty breaches and a further $7.3 million to settle any remaining annuity issues. This bill makes it clear that it is a full and final settlement of all historical claims of Te Arawa in relation to 14 lakes. 
The Maori Affairs Committee has considered the bill and submitted its commentary to the House. The committee recommends that the bill be passed unamended and I take this opportunity to thank the committee for its consideration of the bill. The committee received 20 submissions—18 in opposition and two in support. It should be noted however that one of the submissions in support of the bill that of Te Arawa Maori Trust Board was submitted on behalf of its beneficiaries who number over 10000. 
I would like to comment briefly on the issues raised by the committee and submitters relating to the mandate of Te Arawa Maori Trust Board and the post-settlement governance entity. Various submitters opposed to the bill claimed that Te Arawa Maori Trust Board does not hold the mandate to negotiate the settlement on behalf of all Te Arawa. The trust board’s mandate to negotiate on behalf of all of Te Arawa which was recognised by the Crown in 1998 still stands strong today. The Waitangi Tribunal has recently inquired into this matter and has concluded that the trust board’s Te Arawa - wide mandate was appropriate to deal with the complex and overlapping customary interests in the lakes and that it has been well maintained—I think it is important to emphasise that—throughout the negotiation process. 
The process of establishing the post-settlement governance entity was also raised as an issue by the committee and indeed by some of the submitters. The committee and those submitters were concerned that only one governance model was discussed with the people of Te Arawa. In fact that is not correct. However it is imperative that all of Te Arawa are able to be represented by the post-settlement governance entity. Given the large number of iwi and hapu that make up Te Arawa and the varying sizes of these iwi and hapu many models of representation used by other iwi were not appropriate for the lakes settlement. Various representation options were discussed and considered by the trust board and in hui over several years. Those options ranged from a Te Arawa - wide model with representatives appointed by all Te Arawa to various marae and/or hapu-based models. The trust board weighed up the options and in consultation with the people of Te Arawa developed a model that most appropriately reflects the complex interrelationships between the many and varied iwi and hapu of Te Arawa. That model the Te Arawa Lakes Trust was ratified by a convincing majority of those who voted. I am well satisfied that the ratification results confirmed that the structure of the Te Arawa Lakes Trust is an appropriate entity to receive and manage the settlement assets. 
I should also note for the House that during the Committee stage I intend to move two very minor technical amendments to the bill. One is to give clarity to administrative arrangements for the Crown stratum under the Land Act 1948. The other is consequential to changes in terminology enacted recently in the Protected Objects Amendment Act which will come into force on 1 November 2006. 
It has taken many years of challenging negotiations between Te Arawa and the Crown to reach this important point. It began as I have said in 1997—and I want to acknowledge my predecessors the Rt Hon Sir Douglas Graham and the Hon Margaret Wilson for their significant contributions to these negotiations. The Crown considers it is a fair and just settlement the people of Te Arawa have ratified it and both parties now look forward to a more positive future relationship. I acknowledge the people officials Ministers and members of the trust board and especially the people of Te Arawa who are here today—those who have worked hard to bring this settlement to this point. In particular Anaru e te rangatira tena koe; Andrew the chief greetings to you. I urge the House to support this bill. It should proceed without delay. I commend it to the House.