Horomia Parekura: Waka Umanga (Maori Corporations) Bill — First Reading 
Horomia Parekura: Waka Umanga (Maori Corporations) Bill — First Reading 
[Volume:644;Page:13858] 
Hon PAREKURA HOROMIA (Minister of Maori Affairs) 
: 
 Tena koe. Ka nui te mihi ki a koe e te Kaiwhakahaere o te Whare. Greetings to you. I move  
That the Waka Umanga (Maori Corporations) Bill be now read a first time. 
 At the appropriate time I intend to move that the bill be considered by the Maori Affairs Committee and that the committee have the authority to meet at any time while the House is sitting except during oral questions despite Standing Orders 192 195(1)(b) and 195(1)(c).] 
The Waka Umanga (Maori Corporations) Bill provides for the establishment of a new optional legal entity tailored to meet the needs of iwi hapu and Maori associations that manage communal assets. The bill is underpinned by the Government’s Maori affairs policy of supporting the realisation of Maori potential and is the result of the consideration by this Government of issues and opportunities in the area of Maori governance and tribal representation. 
The bill recognises the right of Maori collectives to develop their own structures to suit their cultural and governance needs to determine their own mandate and representation and to do so through an independent process. It is also about recognising that good governance is a key enabler of effective organisations. Good governance leads to sustainable cultural economic and social success and to an enhanced contribution by Maori to the future of Aotearoa New Zealand. The New Zealand Law Commission initially investigated these ideas in the context of the Treaty settlement process identifying a pressing need to provide a structure for the successful receipt of Treaty settlements and to facilitate the efficient administration of community-owned assets. 
This bill seeks to address a number of problems that arise out of a number of common and defining experiences for Maori collectives within the current environment. First there is a lack of cohesion between the form and function of existing legal frameworks and the unique characteristics that shape Maori collectives. Although Maori have adapted to using legal forms such as trusts and incorporated societies often these structures do not enable them to operate in the most efficient and transparent way possible. In some cases unwieldy structures are being developed to accommodate the many activities of the group resulting in the duplication of limited resources. Maori collectives are increasingly pursuing multiple diverse objectives. These range from managing Treaty settlements and fisheries assets retaining and protecting their tribal land to operating commercial entities and providing important community services. It becomes imperative for these collectives to establish a structure that can incorporate commercial and non-commercial activities so that the different objectives of those activities can be managed appropriately. 
Second historical Treaty settlements will continue to be a key driver for the establishment of representative organisations in the immediate future although they are not the sole focus for those entities. Cultural commercial and other activities are of equal importance. Third tribal resources and assets are owned by members of the tribal group community. Representative entities have an ongoing obligation to manage those assets for the benefit of both current and future members in perpetuity. Fourth members of iwi and hapu cannot opt out of their tribal membership in the same way individual shareholders can. Therefore the rights and interests of members need to be protected. 
There is a clear need for a mechanism to assist Maori collectives in managing their communal assets in order to achieve greater certainty for Maori to assist the Crown and third parties to leverage off existing successes and focus on forward development and growth and to support cultural identity and positive contributions to national identity. This legislation supports these objectives. 
As I have mentioned the bill provides a new voluntary legal entity for iwi hapu and non-tribal Maori associations that hold communal assets. It provides democratic and transparent processes for the formation of a waka umanga with an emphasis on an open and early dialogue with prospective members. The bill enables those using the waka umanga model to create a structure that represents both their overarching tribal body and its constituent parts—hapu marae or rohe. The model can be developed to reflect traditional tribal structures. Tribal groups can seek recognition as the legitimate representative of that group for matters outlined in their charter in effect creating a mechanism for tribal groups to confirm their mandate and gain legitimacy. 
The bill provides that the Government must act in accordance with the interests of members—current and future—whilst allowing waka umanga the flexibility to shape themselves through their charter. Existing entities such as Maori trust boards charitable trusts and incorporated societies can transition to the waka umanga model if they wish. The bill provides that internal dispute resolution is mandatory with an emphasis on process and early resolution. A secretariat will be set up under the bill to assist waka umanga in complying with the Act and to provide guidance and support where needed through the registration process and beyond. 
Extensive consultation with Maori and other key stakeholders has been undertaken by Te Puni Kokiri and the Law Commission since 2004 including in late 2006 concerning the overarching waka umanga proposal and in June-July 2007 on the detail of the bill itself. I am confident that the views expressed by Maori have been heard and taken into account. Yes some iwi are already well established and comfortable within their existing structures—like Ngai Tahu for example—but many are not and are currently bending into a structure that does not meet their particular needs. It is these groups that I envisage will see benefit in a model that has been designed for them. 
In summary this innovative legislation is a purpose-built governance model underpinned by the principles of cultural match flexibility and good governance standards. It is about creating certainty for iwi and hapu and for those third parties that deal with them—including the Crown. With the advent of technology globalisation and digitalisation it is clear that Maori need to adapt in order to remain relevant in the ever-changing world. To do that they need to be supported by good governance structures and practices. 
The Government has placed much emphasis on economic transformation as one of its key goals for this term of office and especially for Maori. I believe that the Waka Umanga (Maori Corporations) Bill is a prime example of how the Government is providing and supporting Maori leadership in this area. I believe that the bill will provide a very positive step forward for Maori governance. I commend the bill to the House.