Horomia Parekura: Maori Purposes Bill — First Reading 
Horomia Parekura: Maori Purposes Bill — First Reading 
[Volume:632;Page:3951] 
Hon PAREKURA HOROMIA (Minister of Maori Affairs) 
: 
 I move  
That the Maori Purposes Bill be now read a first time.  
E tika ake ano ki te mihi ake ano i a tatau katoa mai i te motu. E mihi kau ana i a ratau mo tenei korero. 
[An interpretation in English was given to the House.] 
[ 
It is apt indeed that I acknowledge us all from around the country. I acknowledge those as well who are to contribute to this debate. 
] 
At the appropriate time I intend to move that the bill be considered by the Maori Affairs Committee that the committee report back to the House on or before 21 November 2006 and that the committee have the authority to meet at any time while the House is sitting except during oral questions and during any evening on a day on which there has been a sitting of the House and on a Friday in a week in which there has been a sitting of the House despite Standing Orders 195(b) 195(c) and 192. 
This bill brings together amendments to a variety of legislation specifically related to Maori administration Maori assets and other Maori matters. The initial provisions amend the Treaty of Waitangi Act 1975 and implement a commitment to provide a statutory closing date for new historical claims for breaches of the Treaty of Waitangi and its principles. The bill sets this date as 1 September 2008 and all historical claims made by Maori must be registered with the Waitangi Tribunal by this time. Historical claims made by this date can however be amended after this date. 
The Government believes that the bill will have a number of important consequences. Firstly it will ensure that Maori determine once and for all the scope of our historical claims. It will mean we can then turn our focus and energy on to completing the research required to establish those claims properly before the tribunal prior to seeking a resolution and settlement of those claims in negotiations with the Crown. Settlements have provided many benefits to Maori and it is time we focused on achieving a resolution to our historical claims so that those benefits can be enjoyed by all. 
The bill will also provide finality for the rest of the community on the nature and scope of Maori claims for historical breaches by the Crown of the Treaty of Waitangi and its principles. The provisions do not affect contemporary claims or claims regarding the actions of the Crown after 21 September 1992. Based on historical claims registered with the Waitangi Tribunal so far and taking into account the ability to amend claims and provide greater detail on the nature of a claim following registration many iwi and hapu have already safeguarded their interests in the historical settlement process. The bill will ensure that the claim registration process is completed for all the country in a timely fashion. The gap between the passage of the bill and its implementation will also ensure that all Maori groups and individuals can be made aware of the requirement and can register their claims prior to the cut-off date. 
The balance of the bill includes amendments to a number of Acts including Te Ture Whenua Maori Act 1993 the Maori Fisheries Act 2004 and the Maori Commercial Aquaculture Claims Settlement Act 2004. The amendments reflect the increasing size and scope of the Maori asset base in the last two decades and the need to provide an effective legal framework within which those assets can be held and administered for the benefit of Maori. They also reflect the importance of ensuring that the legal framework is administered efficiently and with adequate resources. 
The bill will amend Te Ture Whenua Maori Act to increase the statutory limit on the number of permanent judges of the Maori Land Court from the current eight to 14. The change reflects the increasing workload of the court as the Maori asset base increases and as Maori rights are extended. So far the court has coped with an increasing workload by the appointment of temporary judges usually retired members of the court. This is only a stop-gap solution as the increase in the workload of the court is a permanent one. 
The Maori Fisheries Act and the Maori Commercial Aquaculture Claims Settlement Act each results from settlements between the Crown and Maori and each includes additional specific roles for the Maori Land Court in dispute resolution. The Foreshore and Seabed Act 2004 requires the court to determine Maori customary interests in the foreshore and seabed. This bill will provide the Maori Land Court with the permanent judicial capacity it requires to perform those additional tasks. 
The bill also provides for the Chief Judge of the Maori Land Court to delegate specific powers and functions to the Deputy Chief Judge including the power of correction when there are errors or omissions in court orders. The Chief Judge of the Maori Land Court is also the chair of the Waitangi Tribunal. To ensure that both roles can be carried out effectively it has long been the practice of Chief Judges to delegate specific functions and roles to the Deputy Chief Judge of the Court. Recent legal opinion suggests that there has been no specific legal provision for such delegation. The bill provides such authorisation and also validates the orders of correction that have been made in the past by Deputy Chief Judges. 
In the final matter dealing with the Maori Land Court the bill includes a provision validating the orders made by a temporary judge of the Court who continued in that role for a short period beyond the term of his temporary warrant in 2000. The total number of orders affected is 83 and includes succession and occupation orders. Those affected by the orders have acted on them and challenges to their validity would be a significant inconvenience. 
The bill will also deal with four issues arising from the passage of the Maori Fisheries Act and the Maori Commercial Aquaculture Claims Settlement Act. The first provision amends Te Ture Whenua Maori Act to clarify the role of the Maori Land Court in dispute resolution procedures under the Maori Fisheries Act and the Maori Commercial Aquaculture Claims Settlement Act. That will give the Maori owners of assets under those Acts clear options for dispute resolution procedures. 
Two other provisions amend the Maori Fisheries Act. When the individual transferable quota system was introduced in 1986 provisional quota holders received a right to specified additional quota if the total allowable commercial catch for certain species was increased in the future. That provision which is known as a section 28N right has operated since 1986. When introduced it was capped at 20000 tonnes and only 3000 tonnes remain to be allocated. When passed the Maori Fisheries Act did not make provision for the operation of that right. Without amendment that omission will have a negative impact on the allocation of quota shares to iwi by Te Ohu Kai Moana Trustee by reducing the number of quota shares available over time. The amendment will ensure there is no inequality in that allocation process simply because one iwi receives its allocation at a later date than another. 
It was the intention of iwi Te Ohu Kai Moana Trustee and the Government that claims over harbour quota covered by the Maori Fisheries Act were to be settled by agreement amongst iwi. In 2004 the Maori Commercial Aquaculture Claims Settlement Act allocated 20 percent of commercial aquaculture space to Maori. For this entitlement to be calculated correctly a definition was required of the amount of coastal space that was currently exclusively occupied by commercial aquaculture. 
Finally one other matter is included in the bill. This is a provision to amend Te Ture Whenua Maori Act so that it complies with changes in accounting terminology under the Financial Reporting Amendment Act 1997. 
In conclusion I thank the many people who have been consulted on the provisions in the bill. I also note that the contents of the bill reflect the increasing size and importance of our economic base as a people. The asset base will continue to increase and it is important that the legal framework within which those assets are administered and managed is as up to date and well resourced as we are able to achieve. I commend the bill to the House.