Smith Nick: Maori Fisheries Bill — In Committee 
Smith Nick: Maori Fisheries Bill — In Committee 
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Hon Dr NICK SMITH (National—Nelson) 
: 
 In debating the preamble tonight I begin by paying tribute to people like Doug Graham and Doug Kidd former members of the House who were visionary in seeing the opportunity to settle a treaty issue that for decades had been a huge drawback for New Zealand in terms of the management of its fisheries and who with the purchase of 50 percent of the interests in Sealord’s were able to see their way forward and through to a ground-breaking solution to Treaty of Waitangi issues in respect of commercial fisheries. 
I pay tribute both to the Maori negotiators and to my former colleagues who were part of that agreement. But I also express some concern about where this bill will take Maori New Zealanders and members of the fishing industry. That industry is of vital importance to the New Zealand economy and particularly to the community I represent in Nelson. 
I note that the preamble states: “The enactment of this legislation will complete the implementation of the agreements in the Deed of Settlement ...”. I say to the Committee that I will bet whatever any member in this Chamber would like to bet that we will be back to amend the bill’s almost 290 pages of quite detailed law within a year or at most two and that we will be back many times over the next decade. The Minister in the chair David Benson-Pope should not kid himself that the bill will in any way be a complete implementation of the agreements of the deed of settlement. In fact in a number of key areas the bill contradicts elements of that deed of settlement and I join with the very competent fisheries spokesperson for National Phil Heatley in signalling concern about the convoluted governance structure that this Government will impose on Maoridom. 
I have never quite been able to work out the Labour Party’s relationship with Maori. It paternalistically tries to do the right thing but fundamentally Labour does not trust Maori. It imposes paternalistic structures on Maori that will not let them exhibit their ownership rights over assets that Parliament should agree with Maori are theirs. I would love to hear a contribution from the Minister explaining how a five-stage convoluted governance structure will serve the interests of Maoridom. 
What is it that Labour believes about Maori that means they cannot own their own assets? Why is it that the Government has to tie them up in this sort of convoluted mess? My Nelson iwi will have a role in appointing some directors to a college which will then appoint some members to a trust. The trust will then appoint directors to a company and that company will finally have control of the substantive quota interests. What a bizarre set-up! If it were being imposed on any Pakeha or non-Maori property owner we would all be standing up in Parliament and saying that it was an outrage and a mess. So why is it that this Labour Government wants to impose on Maori all those restrictions on what they can do with their assets? 
Phil Heatley 
: They don’t trust them. 
Hon Dr NICK SMITH 
: I take the point. It is true that if Maori are trusted with their assets then like anybody else they will sometimes mismanage and lose them. We have already seen that happen with treaty settlements. Some groups have been extremely competent have built up their assets and have grown them. Others have been less competent. It is no different for Maori than it is for anybody else but it is a fundamental right of ownership to be able to take control and do one’s own thing. 
I say that this preamble is wrong in saying that it completes the implementation of those agreements in the deed of settlement. It was never envisaged in 1992 that we would have this sort of convoluted mess. 
The CHAIRPERSON (H V Ross Robertson) 
: I call the honourable member Dr Wayne— 
Jill Pettis 
: Don’t trust him. He would sell your grandmother’s false teeth.