Henare PeeniNGĀ ROHE MOANA O NGĀ HAPŪ O NGĀTI POROU BILL (NO 2)Third ReadingHon PEENI HENARE (Minister for the Community and Voluntary Sector) on behalf of the Minister for Treaty of Waitangi Negotiations: I move That the Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill (No 2) be now read a third time.E ōku rahi kua tatū mai nei ki roto i Te Whare i te rā nei. Kia aroha mai ki ngā mahi pōrangi kua kitea nei koutou. Heoi anō e mihi atu ana ahau ki a koutou katoa mō te taha takiri nei ki roto i tō tātou Whare. Heoi anō ki a koutou e ngā uri o Porourangi rāua ko Hamo haere mai rā koutou ki roto i tēnei Whare. Haere mai rā koutou ki roto ki tēnei mokopuna a koutou te uri o Pākura e mihi nei ki a koutou katoa e ōku rangatira tēnā koutou tēnā koutou tēnā tātou katoa. Anei ngā kupu a Te Minita Te Hon Anaru Iti mō te kaupapa nei. Nō reira e ōku rangatira tēnā tātou.[To the distinguished who have arrived in the House today. Please excuse the silly things that you have seen. And so I greet you all from this side of our House. And so to you the descendants of Porourangi and Hamo welcome into this house. Welcome to this grandchild of yours the descendant of Pākura who greets each of you my esteemed ones greetings to us all. Here are the words of the Minister the Hon Andrew Little about this matter. Therefore my esteemed ones greetings to all.]In a third reading it is appropriate to acknowledge those who have played such an important role in reaching this stage. Firstly I want to pay tribute to the hapū of Ngāti Porou and their immense resolve and patience in ensuring the Crown honours its commitment to them. The dedication shown by the people of this iwi has been paramount to this bill's success. I want to acknowledge all your people who have contributed to the deed of agreement and the deed to amend. You have worked hard for many years to get to this point and you can be extremely proud.It is important also to take the time to remember the leaders within Ngāti Porou who have passed on while the work for this bill progressed. So many are in our thoughts today. In particular I acknowledge the late Dr Apirana Mahuika who was chair of Te Rūnanganui o Ngati Porou during most of the negotiations and a staunch advocate for the hapū of Waiapū. This bill would not be where it is without his immense work and dedication. E te rangatira koutou o te pō haere haere haere. Ka hoki mai ki te ao o te ora.[To our leader all of you who have passed depart from this world. I will now return to the world of the living.]I want to acknowledge his son Matanuku Mahuika who has made a significant contribution to the work behind this bill. I want to acknowledge all the work of Te Rūnanganui o Ngati Porou currently under the chairmanship of Selwyn Parata.I would also like to acknowledge the work of previous Treaty Ministers Sir Michael Cullen and the Hon Christopher Finlayson QC. Sir Michael Cullen oversaw and signed the original deed of agreement in 2008. The Hon Christopher Finlayson saw the signing of the 2017 deed to amend which has led to this bill today. I want to acknowledge the work of the Māori Affairs Committee chaired by Rino Tirikatene who heard and considered over 200 submissions.But of course today is about ngā hapū o Ngāti Porou. Representatives from ngā hapū o Ngāti Porou along with other Ministers and I have just come from a ceremony where a whakamana accord was signed along with five relationship instruments agreed to in the deed. I look forward to the future annual forums between ngā hapū o Ngāti Porou and key Ministers of the Government. I will just give a brief history as to how we have arrived here before talking about this unique bill. After the Ngāti Apa Court of Appeal case in 2003 the Foreshore and Seabed Act was introduced. Ngā hapū o Ngāti Porou were the only group under that Act to reach a deed of agreement with the Crown and it was signed on 31 October 2008. A bill was introduced to Parliament to bring effect to the deed. However when the Government changed a review of the Foreshore and Seabed Act took place. And the original Ngā Rohe Moana o Ngā Hapū o Ngāti Porou Bill: from that outset of that review Government consistently stated that it would honour and fulfil its obligations in the deed of agreement.After the review the Foreshore and Seabed Act was repealed and replaced with the Marine and Coastal Area (Takutai Moana) Act 2011. Ngā hapū o Ngāti Porou and the Crown negotiated amendments to the deed of agreement. These amendments reflect the takutai moana Act and other changes to legislation since 2008. The negotiated amendments were incorporated into a deed to amend which was ratified by 47 hapū of the 57 hapū of Ngāti Porou and was signed by both parties in August 2017. This bill before the House gives effect to the amended deed of agreement. This bill is unique. Its purpose is to contribute to the legal expression protection and recognition of the continued exercise of mana by ngā hapū o Ngāti Porou in relation to ngā rohe moana. The bill does this by recognising the unbroken inalienable and enduring mana of ngā hapū o Ngāti Porou in ngā rohe moana. The bill does not bring any recognition of customary rights into effect; however it does provide the process for the recognition of customary rights. It also recognises the Crown has a responsibility to ensure public access as well as ensure the continuation of other lawful activities and uses of the takutai moana. This bill provides a legislative framework for the recognition of Ngāti Porou's customary interests in their rohe moana. In providing this framework the Crown honours its commitment to the 2008 agreement. The bill's mechanisms for recognising the customary interests of ngā hapū o Ngāti Porou are similar to those found in the takutai moana Act 2011. However they have some unique features that reflect the agreement reached with the hapū in 2008. It provides for mechanisms that have been negotiated and agreed to between ngā hapū o Ngāti Porou and the Crown that require legislation to bring them into effect. In this bill Ngā Hapū" refers to the hapū who are party to the amended deed of agreement. Of the 57 hapū of Ngāti Porou 46 are party to the agreement because they have ratified the deed and detailed their management arrangements. As it stands the 11 other hapū can continue with existing applications to have their customary rights recognised under the takutai moana Act 2011. Alternatively they can ratify the amended deed of agreement and detail a management arrangement later to be considered as ngā hapū o Ngāti Porou under this bill. This bill does not apply to whānau hapū and iwi who are not from Ngāti Porou. The takutai moana Act still applies to all other whānau hapū and iwi throughout Aotearoa New Zealand. I would like to take the time to discuss the different parts of the bill. First Part 4 of the bill sets out the legal tests for the recognition of protected customary activities customary marine title as well as wāhi tapu and wāhi tapu areas. These tests are the same as the tests in the takutai moana Act. Similarly just as in the provisions of the takutai moana Act ngā hapū can seek the recognition of their customary rights by making an application to the High Court or through direct engagement with the Crown. There is also a two-year time limit for ngā hapū to apply for recognition of their customary rights under this bill. The two-year time frame gives ngā hapū flexibility to make new applications or review the details of existing applications. If customary marine title is recognised under this bill then Part 3 sets out several mechanisms that apply to the customary marine title area. These relate to resource consent applications regulations for customary fishing practices recognition and effect of an environmental covenant established by ngā hapū applications and proposals for conservation processes the ownership of taonga tūturu and the ownership of minerals other than petroleum gold silver and uranium existing in their natural condition. Customary marine title is not fee simple title and areas where customary marine title is recognised remain part of the common marine and coastal area. The bill balances the rights of all New Zealanders by providing a mechanism for ngā hapū to test their rights while also protecting public access fishing navigation existing resource consents and other lawful activities in the common marine and coastal area. Part 2 of the bill contains mechanisms that are not dependent on the recognition of customary marine title. When the bill is enacted these mechanisms apply across all of ngā rohe moana and recognise the mana of ngā hapū and ngā rohe moana that exists irrespective of the evidentiary thresholds for customary marine title. There are eight mechanisms in Part 2 of the bill and they were negotiated in good faith and agreed to with ngā hapū in the 2008 deed of agreement. These mechanisms are generally consistent with those available to iwi hapū and whānau under the relevant provisions of the takutai moana Act. They are also generally consistent with coastal statutory acknowledgments relationship protocols and name change provisions provided for in historical Treaty settlement legislation and customary fishing regulations. The first mechanism is the statutory overlay instrument that is designed to provide for the effective participation of ngā hapū in the processes relating to resource consent applications and applications under the Heritage New Zealand Pouhere Taonga Act 2014. It ensures that a map of ngā rohe moana is attached to key public documents. This includes the promotion of the sustainable management of ngā rohe moana and the protection of cultural and spiritual identity of ngā hapū. Where the environmental covenant relates to resource management issues the Gisborne District Council will be required to take the environmental covenant into account. The third mechanism relates to protected customary activities and the fourth relates to wāhi tapu and wāhi tapu areas. These customary rights can apply across the whole of ngā rohe moana. However they are contingent on the evidentiary standards being met before they can come into effect. The fifth mechanism relates to customary fishing practices and recognises the special relationship that ngā hapū o Ngāti Porou have with the fishing grounds within ngā rohe moana. The Māori Affairs Committee recommended amending parts of the bill namely clarify the regulation of freshwater fisheries ensure consistency between the deed—[Assistant Speaker indicates time has expired] I do apologise the House went on for some time. Finally there are five schedules in the bill. I would like to speak—no I won't. The Māori Affairs Committee recommended amending the southern boundary of ngā rohe moana from Koutunui Point to Koutunui Head. This is a historic day. This is a unique piece of legislation detailed in that particular speech and it has been a long time coming. Once again I must praise the whānau and hapū of Ngāti Porou who started this journey in 2004 and are seeing it through to the end. Nō reira tēnā koutou tēnā koutou tēnā tātou katoa."