Jones Shane: Waitaha Claims Settlement Bill — Second Reading In CommitteeText is incorporated into the Bound VolumeJones Shane: Waitaha Claims Settlement Bill — Second Reading In Committee[Sitting date: 17 April 2013. Volume:689;Page:9531. Text is incorporated into the Bound Volume.]Hon SHANE JONES (Labour): Tēnā tātou katoa. Tū tautoko kia kotahi te whiu o te wai i roto i tēnei Whare mō tēnei iwi mōrehu e kīia nei ko Waitaha. Tō rātou tupuna ko Hei. He matua nō Tamatekapua. Nāna te kī i te taenga mai o te waka oTe Arawa ki Aotearoa ka pahure rātou i te wahapū i Tauranga Moana. Nāna te kī “Te papa e takoto nei ko te takapū o taku tamaiti a Waitaha-a-Hei.” Nō reira i pūtake ai te ingoa o tēnei iwi. Tātou e mōhio nei ko te tupuna nei a Hei tōna tikanga ko ōna kōiwi kei te tihi o Moehau. He maunga e pōki ana e te kohu ki roto i te rohe o Tīkapa Moana Hauraki tae noa ki Whitianga. Nā reira tautoko i ngā mihi puta i tō tātou Minita ki a rātou.Tō rātou tupuna ko Takakōpiri. Tokorua wāna tama ko Kūmaramaoa me te Iwikorokē. Ngā uri o Kūmaramaoa ka mōtia ki waenga tonu i te whare tātai o Ngāti Ranginui me ētahi kē atu otirā ko ngā uri a te Iwikorokē ka mau tonu ki tō rātou ingoa ā-tangata ā-whakapapa ā-iwi ko Waitaha.Nā ka heke iho ki te wā i whakaeke mai a tauiwi ki waenga tonu i a tātou ki tēnā rohe o Te Ao Māori ka tupu te raruraru ka mura te riri. Tō rātou tūpuna Hakaraia he mea huanga ngā mihinare ki tēnā ingoa ka tū ki te taha o te Karauna—pēnei tonu i te tū o tō mātou tupuna a Tāmati Waka Nene ki roto o Ngāpuhi. Te take i tū pēraka ai rātou horekau e kitea ana i roto i te aroha ki te Karauna ēngari he rapu huarahi me pēhea rānei ngā mate o mua e ngakia ai. Koiā tō mātou tupuna a Waka Nene i tū ai i te korenga ōna i pai kia toa ai te hīkaka nei a Hone Pokaia Heke nā te mea ko te wahine a Heke he kōtiro nā Hongi Hika. I te takoto tonu i te mamaha tonu ngā nawe i ēra tūpuna take tēnā o rātou i tū aime te Karauna.Nā reira tautoko i te āhuatanga o ngā mahi i oti me te huarahi rōroa atu kei te aroaro o tēnei wāhi iwi a Waitaha kia tino whakapūmautia ai ēnei pānga o te whakawhiwhia ki a rātou. Ahakoa itiiti noa iho ō rātou marae i te mutunga ki te whakapūmautia tō rātou ingoa i roto i tēnei pire eke rawa ki te wā ka tū wā rātou tamariki wā rātou uri ki te parepare ki te kaupare atu i ngā whakawhiunga mai i te Karauna mai i ngā kaunihera mai te ao umanga mai te aha? E whai pānga ana tō rātou reo ō rātou wawata ki te mata o te ture. E kore rawa atu e taea te kī māmā noa iho kia kauparengia ai tō rātou tū me tō rātou rangatiratanga. Nā reira koia tāku e tautoko ake nei.[Greetings to us all. I rise and urge this House that the drive of support for this remnant tribe called Waitaha should be one. Their ancestor was Hei an uncle of Tamatekapua. It was he who stated that when theTe Arawa canoe arrived in New Zealand it sailed past the Tauranga harbour. He proclaimed: “The land lying before us is indeed the abdomen of my son Waitaha-a-Hei.” So that is where the name of this tribe originated from. For those of us who are aware the bones of this ancestor Hei according to tradition are resting on the summit of Moehau. It is a mountain shrouded in mist in the region from the Hauraki Gulf all the way to Whitianga. Therefore I endorse the accolades extended to them by our Minister.Takakōpiri is their ancestor. He had two sons Kūmaramaoa and Iwikorokē. The descendants of Kūmaramaoa were placed directly in between the genealogical house of Ngāti Ranginui and others but at the same time the descendants of Iwikorokē hung onto Waitaha as a name to identify them as a person a tribe and for genealogical purposes.And so we come down to the period when non-Māori came aboard right plumb in the middle of those of us in that area of Māoridom. Trouble brewed up and anger flared. Their ancestor Hakaraia was given that name by the missionaries sided with the Crown—very much like the stance that our ancestor Tāmati Waka Nene took in Ngāpuhi. The reason why they took that stance was not because it would be seen that they were in sympathy with the Crown but rather to seek a way instead to avenge the deaths of pre-European times. That is why our ancestor Waka Nene sided with the Crown: he did not want the brash Hone Pokaia Heke to win because Heke’s wife was a daughter of Hongi Hika and there were still faults steaming between those two ancestors. And that is the reason why they sided with the Crown.And so I support the way everything has been completed despite the very lengthy process ahead of Waitaha this remnant tribe and I support that these shares of what is to be awarded to them will be enacted properly. Regardless of the fact they have only a few courtyards once their name is confirmed in this bill there will eventually come a time when their children and descendants will be able to ward off avert any chastisements from the Crown councils the business sector and from where else? Their voices and aspirations will have relevance to countenance of the law. It cannot be stated emphatically enough that their stance and chiefly autonomy will be easily averted. Therefore I absolutely support it.]A few brief remarks. I support what the Minister of Māori Affairs and the Minister for Treaty of Waitangi Negotiations have said although I will probably not be as charitable to the Minister of Māori Affairs on matters related to Māori land but more on that another time.As is the case Treaty settlements provide an opportunity for little iwi like the one I come from Ngāi Takoto the small dogfish of Rangaunu. It is not the size of the dog in the fight; it is the size of the fight in the dog and that is definitely going to apply to the people of Waitaha. We know the history of Tauranga Moana. We know the connection with the Crown assaults at Gate Pā etc. What we do not realise is that there are some smaller tribes from around this area and far be it from me to use too-casual language but everyone deserves their day in the sun. Their name goes right back to the arrival of theArawa canoe and they have shown a great deal of pragmatism to actually accommodate decisions that the Crown has made to suit neighbouring iwi.I do not want to recite things that have been offered by MP Delahunty because that would move from boredom to despair but no one should take anything other than a staunch supportive role and I have no truck whatsoever with the emissions we occasionally hear unfortunately from MP Metiria Turei on how things could have been better would be better if only she were in charge. These matters need broad support. All of us have our imperfections—even if it does go to the types of hats we wear occasionally—but let us not allow the debate to suffer such a level of pettiness.So we stand and support this particular bill the Waitaha Claims Settlement Bill. We note that there are always going to be grizzles but this is a small iwi with a very big task. Number one: the resources they have are not capable of meeting all of their ambitions in the short term. But the most important thing that this generation of parliamentarians is doing is embedding their name their aspirations and their rights in the face and the body of the law. It is a key Diceyan dimension of our law that unless things are reflected overtly and clearly in the law it is difficult for courts to import them into judicial decision-making. Although the resources may not be significant who knows? In time just because these people now have status—they had status of acustomary nature and an ancestral nature but the custom has now been imported into the law and we should never overlook that.If I think back to the 1970s and the 1980s and the contortions that the Planning Tribunal and judges of the High Court went through in order to import the Treaty—and I think the term was “an intrinsic device” or “extrinsic” or words to that effect—those days are gone now. At least in matters of statutory environmental management and landscape management these people’s interests and rights cannot be parried aside. So although they are small in number and the history may have been regarded as very burdensome right up to today but they are in the east so the sun is going to rise i roto i Te Tai Rāwhiti [on the East Coast].I acknowledge the members of the Māori Affairs Committee. By and large they are a happy group of fellow travellers though not quite as flexible as the members of the auspicious Primary Production Committee. I have no doubt that they heard submissions about how difficult it was at the margin to get a balance between Waitaha’s interests and the interests of other neighbouring Tauranga Moana iwi. That is a committee that is dedicated to passing these bills through quality stewardship when people make their submissions. There are occasional egregious lapses not the least of which was Tau Henare’s speech last night attacking our matua Winitana gratuitously. But these things have a way of fixing themselves. I dare say that Winston will be here post-2014 and Tau will be working for the kōhanga reo. Ēngari he take anō tērā. Tautoko i te pire nei tēnā koutou kia ora tātou katoa.[But that is another matter. I endorse this bill. Congratulations to you collectively and to us all.]