Ngati Manuhiri Claims Settlement Bill — Second Reading 
Text is incorporated into the Bound Volume 
Ngati Manuhiri Claims Settlement Bill — Second Reading 
[Sitting date: 19 September 2012. Volume:684;Page:5475. Text is incorporated into the Bound Volume.] 
Ngati Manuhiri Claims Settlement Bill 
Second Reading 
Hon Dr PITA SHARPLES (Minister of Maori Affairs) 
 on behalf of the Minister for Treaty of Waitangi Negotiations: I move  
That the Ngati Manuhiri Claims Settlement Bill be now read a second time 
. From the shores of Whangaparaoa in the south to the cliffs of Paepae o Tu in the north from the western tides of Koritoti Otakamaitu through the currents of te awa o Hoteo flowing on to Kikitangiao Hauhanganui to the pa of Te Arai o Tahuhu. The children of Manuhiri the people of  
Moekaraka 
 waka nau mai haere mai. Ko Tamahunga te maunga ko Nga Poitoa o Te Kupenga o Toi Te Huatahi te moana ko Ngati Manuhiri te hapu ko Omaha te marae. 
[ 
Tamahunga is the mountain Nga Poitoa o Te Kupenga o Toi Te Huatahi is the ocean Ngati Manuhiri is the subtribe and Omaha is the courtyard. 
] 
It was at Omaha Marae that the peoples of Ngati Manuhiri gathered with the Crown in May last year to sign a deed to settle their Treaty of Waitangi grievances with the Crown. The agreement was the first settlement deed signed in the Tamaki-makau-rau region. Those actions bring us all here today to consider the Ngati Manuhiri Claims Settlement Bill. 
A key part of this settlement bill will be the official recognition of tipuna Maori names throughout the homelands of Ngati Manuhiri. In recent weeks in Auckland some have been asking what is in a name. The Hon Tau Henare spoke to this before in reference to Maori names. But my response is that a name is a history a name is a whakapapa a heritage—a name is everything. The Hon Parekura Horomia also supported this view. Over the years Maori heritage was gradually removed from the official identity of this and many other regions. Maori identity was renamed and replaced. However bills such as this one we are debating today seek to restore that identity throughout our country. 
Little Barrier Island was named because the explorer Captain James Cook decided that it looked like a little barrier. Bream Tail was named because Cook’s crew caught a lot of bream fish or snapper while they were anchored nearby. No one really knows why Goat Island got its name as no one can ever remember goats living on it. These are names we have grown accustomed to sometimes attached to but they are only one side of the story of Aotearoa. It is Little Barrier Island in English but what in Te Reo Maori? It is Te Hauturu-o-Toi. The resting place of the winds—Te Hauturu-o-Toi. It is the centre pole of the great net of Taramainuku. The descendants of Taramainuku lived at Bream Tail or as they knew it Paepae o Tu. It is Goat Island in English but in Te Reo Maori it is Te Hawere-a-Maki taking us back to the warrior chieftain Maki the father of Manuhiri from whom all Ngati Manuhiri descend. 
The television programme  
Who Do You Think You Are? 
 sees celebrities rediscovering their whakapapa their family tree. For New Zealanders the settlement of historical Treaty of Waitangi claims is our own version of  
Who Do You Think You Are? 
. How else can we know who we are if we do not know our own names? How can we know where we are heading if we do not know where we have been? In a region like Auckland as mentioned earlier with few modern Maori landmarks it makes it even more important to ensure our ancestral Maori landmarks carry the names and heritage of the mana whenua of Tamaki-makau-rau. If we are to share a nation together then New Zealanders must also embrace our shared history and our shared place names. 
Based at Omaha Marae Ngati Manuhiri describe their ancestral interests as extending along the eastern seaboard from Whangaparaoa in the south to Paepae o Tu in the north. In the west those interests extend to the coastal range from Koritoti and Otakamaitu near Araparera to the Hoteo River and on to Kikitangiao and Hauhanganui which is Wellsford. They then run north-east from Patumakariri near Wellsford to the east coast of Te Arai o Tahuhu which is Te Arai Point and Paepae o Tu. 
Around 1840 Ngati Manuhiri held customary interests over 250000 acres. By the 1890s they had lost 90 percent of their traditional lands. Today in 2012 with only 1300 acres or so in small multiple-owned holdings Ngati Manuhiri are effectively landless in their own homelands. The Crown’s alienation of Ngati Manuhiri lands began less than a year after Te Tiriti o Waitangi was first signed in 1840. It began with the forced Mahurangi and Omaha purchase. It continued with the Crown’s individualisation and fragmentation of Ngati Manuhiri lands. It was consolidated by the painful and forced eviction of Ngati Manuhiri rangatira and families from Te Hauturu-o-Toi island. 
The Crown breaches of the Treaty of Waitangi have been carried over many years by generations of Ngati Manuhiri people. Without the land and resources to take ownership of their own destiny for generations of Ngati Manuhiri people their right to determine their own economic and social well-being was denied. This landlessness meant that the right of Ngati Manuhiri to uphold their own mana motuhake to exercise their own rangatiratanga was denied. 
 All those things lost due to the actions of the Crown can never be totally replaced. Yet the people of Ngati Manuhiri wish to settle their grievances with the Crown with mana and with honour. Over the years and across generations the Ngati Manuhiri people have led a long journey that has brought them to New Zealand’s House of Representatives today. Through perseverance through conviction and through leadership they have reached a strong settlement for their people. I look forward to this bill proceeding to the Committee stage without delay. Thank you. 
Hon PAREKURA HOROMIA (Labour—Ikaroa-Rawhiti) 
: 
 E mihi kau ana i a koe te Minita Maori mo to tuku korero mo te ahua nei o Ngati Manuhiri i a koutou nga mea pakeke nga uri o Ngati Manuhiri e whai kaha atu ki te tae mai ki konei ki te whakatikatika atu i tenei nawe. Te roaroa hoki o te tu nei te hoki atu ki te kooti te whakahoki atu i te korero me te timata i roto i a koutou e mahi atu nga mahi mo te whakatikatika no reira tena tatou. 
[ 
I acknowledge you the Minister of Maori Affairs and your sentiments about this situation relating to Ngati Manuhiri and you as well the elder ones and descendants of Ngati Manuhiri who worked hard to get here to rectify this grievance. It has remained unaddressed for a very long period of time. It has gone before the court it has been returned for further consultation and now your efforts to begin rectifying the situation are at hand so congratulations to us. 
] 
This is an interesting settlement—very interesting. Of course it is based in the area called Omaha where some politicians have some big houses. Ngati Manuhiri are based at Omaha Marae Pakiri north of Auckland. Ngati Mauhiri descend from the tipuna Manuhiri. They are part of the Kawerau-a-Maki confederation and also have close ties to Te Uri o Hau and Ngati Wai. 
I think one of the principal issues that is very relevant in this settlement is that they have had a stressful time with the Crown. They did not agree in the beginning and they went away and they came back. I do want to recognise that great supporting soldier—who is an uri of Captain Cook—Sir Douglas Graham for the effort that he put in to whakawhitiwhiti and help get the conglomerate to get their organisation to move forward. 
Alongside that there are key figures. It is always difficult in naming people because you leave people out and a lot of them are here now. I see Clint and I see Mooks up there. I never knew what Mooks’ real name was till I had a look at the paper here. E mihi atu i a koe matua me koutou katoa e noho atu i konei. No reira tena koutou e Tame. 
[ 
I commend you uncle and all of you seated about here. So congratulations to you Tame and everyone. 
] 
And there is Laly Haddon who is an old warrior. One of the great things about Maori leaders is you know—there is nothing like it—you see how great they are by counting the knives in their back! I want to recognise Laly Haddon—[ 
Interruption 
] For whatever reason. I have watched this tall sterling character with ailing health stand true all the time. That is what I have got out of Treaty settlements. It is recognising and seeing some of these characters who have stood steadfast against all odds—against all odds. 
I do not think people in Parliament and some of our colleagues ever appreciate that tension. It is a lot different in the sense of the pressures that they have to take just to get here. On one side they have to try to be relevant and agree with the Crown even though it is putting right what was wrong. On the other side they have tried to appease some of the differences amongst their people. I got hoha when I was listening to the radio this morning and it was talking about Ngati Manuhiri that you know they have got to come to a general agreement. Well I have actually seen it in the churches and the “cossie clubs” around this country where the factions do not agree. They still go there because they all drink the same ale but they have different opinions you know? There are a whole lot of people who praise God—bless their souls—yet they do it in different churches in different ways. Yet it is OK. So it is OK to have a difference but it is better and bigger still that we get here as the Crown—and I want to mihi to Minister Finlayson; he is the supporter—in relation to getting to this day for the people of Ngati Manuhiri. 
They have had a real go. They did not accept in the first instance what was put on the table. They went away and they came back. The negotiations and the negotiators on both sides need to be recognised and commended for that. It has not been an easy settlement. We saw and heard that at the rugby league—or rugby club. I had better be careful. I am not sure what sort of club it was but it was one of those up there. 
Hone Harawira 
: Rugby league. 
Hon PAREKURA HOROMIA 
: Rugby league. The Warriors should be sacked! 
I want to recognise Laly Haddon Peri Watts and everybody else. These negotiations did arise out of Sir Douglas Graham’s efforts in June 2009 for all groups in Kaipara Mahurangi Tamaki-makau-rau Hauraki and Coromandel including Ngati Manuhiri to enter into direct negotiations with the Crown to settle all the historical Treaty claims. These days as the Minister said earlier should be labelled as Treaty settlement days because that is what they are. They are not days of urgency. This urgency has been a long time coming. It has been so urgent it has taken 150 years to get here! So on these Treaty settlement days like today it is great that we can come together to ratify and consolidate the initialling of the deed of settlement. 
The Ngati Manuhiri claim relates to the failure of the Crown to create adequate reserves for Ngati Manuhiri during the purchase of Mahurangi and Omaha in 1841—native land laws and the operation of the Native Land Court in the Crown’s acquisition of Te Hauturu-o-Toi Little Barrier Island. We have certainly heard—under the stewardship of that great leader of the Maori Affairs Committee Tau Henare—100-odd submissions in relation to the tensions and people’s world view of that. So it is appreciated that there are differences there but it should be said that at the end of the day it is not going to disappear and it is something they could work together to manage for the benefit of having it under their guidance. 
The Crown’s actions left Ngati Manuhiri virtually landless. It had devastating and enduring effects on the spiritual cultural and economic well-being of Ngati Manuhiri. You know I drove up along this well-funded highway north of Auckland to this holiday camp place. I saw these incredibly sized houses and I asked: “Who owns that house there?”. No no it was not the locals. It was not the locals. Whose is that house over there? It was Glen Osmond’s. Somebody was talking about a planet the other day—he had one there. I do not want to sound jealous about the wealth that is there and whatever else so I think Minister one thing is that some of those houses should be returned to Ngati Manuhiri even at this late stage! 
 As part of the settlement package in addition to the Crown apology and acknowledgments Ngati Manuhiri will receive financial and commercial redress to the value of $9 million which includes $2.498 million cash and the Warkworth District Court and Pakiri School sites which will be leased back to the Crown. I am really encouraged about this Warkworth District Court because they really could have a look at the skyrocketing rates which the people of Ngati Manuhiri tell me are hurting them. This is a serious issue because where some of them live it has always been valued as their hau kainga where their tipuna might have been or their families have been for generations. All of a sudden because of this prosperity of other people from other planets who have built there their rates and values skyrocket—not because of them. I would strongly suggest that it is considered as we go along towards finalising this settlement. Cultural redress which includes Hauturu is recognition of Te Hauturu-o-Toi to Ngati Manuhiri. There is the vesting and gift back to the people of Aotearoa New Zealand within 7 days of the Hauturu-o-Toi nature reserve in the Ngati Manuhiri Settlement Trust. I am always fascinated by the returns. 
I just want to quickly go to some interesting points in the bill. There is one here about the statutory acknowledgments in clause 36 “Application to river or stream”. It provides that “If any part of the statutory acknowledgement applies to a harbour that part of the acknowledgement also applies to the bed of the harbour and everything above the bed.”—everything above the bed which is water. That is a really good pointer for where we may be going in the water discussion. I am pleased that it is in this document—I am pleased that it is in this document. It is no good ducking and diving so well done the negotiators. The flowing of the fresh water—oh it applies only to flowing water fresh water. Well it is all water anyway so that is great. 
In clause 52 “Actions by Director-General” it says “The Director-General must take action in relation to the protection principles that relate to a whenua rahui site including the specified actions.” I think that is great. What it means is that recognition or understanding is being given to the mana of Maori. Maori have mana over water. Maori have mana over all of those issues and this is one way of giving it relevance. Fix it in here. It is already done—well done Minister. You need to travel this past those people on the roadshow. 
In the general provisions clause 68(2) says that “Subsection (3) applies if a cultural redress property vests subject to an interest that is not an interest in land” and clause 68(3) says that “The interest applies in respect of the cultural redress property …”—blah blah blah. It goes on to say there are qualifications modifications in the status of the land and “despite any change in status of the land in the property.” So those are the three important parts— 
The ASSISTANT SPEAKER (Lindsay Tisch) 
: Sorry to interrupt the honourable member. His time has expired. 
Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) 
: 
 I want to thank the Maori Affairs Committee for its very good work. This bill the Ngati Manuhiri Claims Settlement Bill raised a number of issues in the select committee and I think the committee navigated its way through the 100-odd submissions extremely well. There were two issues that arose and I want to touch on both of them very briefly. 
The first issue averted to by Mr Horomia concerns the co-governance of Te Hauturu-o-Toi. Every Treaty settlement is important. Every stage of its implementation is a major milestone. But at the select committee a number of submissions were received relating to the island. Most of the submitters who opposed the bill are in fact affiliated to Ngati Wai and they were very worried that settling first Ngati Manuhiri would settle Ngati Wai grievances. There is no dispute that hapu and whanau of Ngati Wai who do not affiliate to Ngati Manuhiri do have longstanding customary interests in Te Hauturu-o-Toi. Those interests are recognised by Ngati Manuhiri today and are referred to actually a number of times in the Ngati Manuhiri deed of settlement including in the agreed historical account. There is no doubt that Ngati Wai historical grievances other than those of Ngati Manuhiri are not being settled through this bill. This settlement is for the descendants of the tupuna Manuhiri and no other. 
What became obvious during the select committee hearings was that the drafting relating to co-governance arrangements with the Department of Conservation over the island was very prescriptive. As written the bill did not adequately consider the possibility of other groups becoming involved in those governance arrangements. That was very significant as it had not been the intention through this settlement to freeze out other groups. So the recommendation came back from the select committee for a new clause clause 96A. It is very important as it makes it clear beyond doubt that the bill would not prevent other iwi from becoming involved in the co-governance arrangements if other enactments provide for that and I am very much looking forward to commencing negotiations with Ngati Wai very soon. This amendment has been agreed to by Ngati Manuhiri and their deed of settlement has been amended to ensure that the recommended change is consistent with the deed. 
The second issue concerned the gift and gift back of the island. There was a concern that that arrangement conveyed exclusive mana whenua to Ngati Manuhiri. Gift-back arrangements are used in situations where the land has a high conservation or other value and the Crown wants to retain ownership but where significant historical grievances need to be addressed. This was a very important part of the Ngati Manuhiri negotiation. But let me make it clear: there was no intention by the Crown or Ngati Manuhiri for the gift back to convey exclusive mana whenua to Ngati Manuhiri or otherwise alter customary interests in the island. The select committee heard the various submissions on this topic and then Ngati Manuhiri and I agreed that further assurance should be provided so we have amended the deed of settlement to include a clause stating that for the avoidance of doubt the gift back is not intended to convey exclusive mana whenua over Te Hauturu-o-Toi. I have to say that these statements of clarification do not belong in legislation but I bring it to the attention of the House as a further and positive outcome from the very good work of the Maori Affairs Committee chaired by Mr Henare. 
With those comments I will leave it there. I will be more fulsome in my third reading speech but I thought it was important to emphasise the fact that the select committee dealt with this matter extremely well. Those two issues were extremely sensitive. They gave rise to quite a number of submissions and I hope that we have as it were solved things so that Ngati Wai interests will not feel anxious any longer. 
RINO TIRIKATENE (Labour—Te Tai Tonga) 
: 
 Tena koe Mr Speaker. Tena ra koutou e aku rangatira i roto i te Whare nei a Ngati Manuhiri nau mai hara mai. Hara mai i raro i te tuanui o te Whare Paremata e takatu nei. Tena koutou tena koutou tena tatou katoa. 
[ 
Thank you Mr Speaker. Salutations indeed to you my esteemed ones in this House and welcome to you Ngati Manuhiri welcome. Welcome under the roof of this House standing here ready. Salutations acknowledgments and greetings to you and to us all. 
] 
I rise to speak at the second reading of the Ngati Manuhiri Claims Settlement Bill on Treaty settlement day. I too am pleased to have been participating in the Maori Affairs Committee which heard many submissions on the bill. As Minister Finlayson has just pointed out there were a couple of key aspects where I am very pleased at the way they have ended up in terms of clarification on those two particular points. 
I want to just start my speech and I have sort of had a theme on my Treaty settlement speeches. I like to go over the importance of understanding Maori history and whakapapa or genealogy—the family tree so to speak. My whakatauki Pakeha has been that to understand whakapapa is to understand Maori history. The rich tapestry—to pinch a phrase from my whanaunga there Tau—of the history of Aotearoa is woven like an elegant but sturdy whariki made to sit upon and hold weight with each strip of flax crossing back and forth and connecting to another strip going the other way. Soon those strips of lovingly prepared harakeke run out and make up the borders of the whariki. But that whariki represents the whanau hapu and iwi and each strand is a source of information and a font of tribal knowledge. 
May I acknowledge my own part in the weaving of this mat known as the Ngati Manuhiri Claims Settlement Bill for I too am a descendant of Maki the eponymous ancestor of Te Kawerau-a-Maki. Our shared history tells of a chief of Ngati Awa-o-Runga-o-Te Rangi also known as Koro Atiawa named Maki who had as a wife the daughter of Mutunga a wahine by the name of Hinepueru and whose area of influence stretched between Taranaki and Kawhia. My ancestors of Ngati Rarua and Ngati Toa who back then were known as Ngati Mango and who were his relations went north to Kaipara and on to Hokianga in support of Maki’s take. He eventually returned to the Kaipara to settle the land with those inhabitants who never opposed him. 
That group of journeying warriors and family became the original Te Kawerau-a-Maki who intermarried and settled the Kaipara and came down into the Waitakere and other parts of Tamaki. Indeed my ancestor Tupahau was part of Maki’s journeys and so settled on Maungakiekie with a beautiful wahine of Waiohua named Hineteao. Years later another take took Tupahau back to Kawhia and Marokopa to assist more relations in his original homelands of the west coast between Taranaki and Kawhia. That is my connection to Ngati Manuhiri: Maki-nui of Ngati Awa-o-Runga-o-Te Rangi no te Tai Hauauru. 
Every taonga has a name and the name of this whariki that I have been explaining is “korero onamata”—of history. Its name suggests an association to history and genealogy and to the spoken word. These three things are woven into the whariki that lie before Ngati Manuhiri today. 
So to repeat to understand whakapapa is to understand Maori history. My other colleagues in this House will talk about the background to elements of the bill but there is a common theme that has been running through these readings and that is the equivalence of mana and whenua of authority and land in the equation that makes up Maori life. 
May I take the time now to talk about Te Hauturu-o-Toi as that was the big issue that we confronted as a select committee which is Little Barrier Island. This culturally important little island has played a significant role in the history of Ngati Manuhiri and indeed all Maori. In our korero onamata Hauturu is a float on the net of Toi-Te-Huatahi regarded by Maori as a founding father of this nation. So with the use of toponomy and whenua the naming of the land Toi used certain points from Hauraki to Whangarei as markers of his mana motuhake that authority. From those very early times of Toi through to the middle ages of the 1500s and the 1600s the mana of Hauturu changed several times until the arrival of the tupuna Maki of Ngati Awa-o-Runga-o-Te Rangi no te Tai Hauauru the great-grandson of Haumia of the Poutama region of North Taranaki. 
So my own tribal korero recalls Maki pursuing a foe all the way to the Hokianga where he captured his enemy but in that unique Maori way he let his captor go. Maki then returned to the Kaipara and with those original inhabitants and his original followers invested in the Waitakere and Waitemata regions eventually ending with his descendants Ngati Manuhiri a hapu of Ngati Wai having mana over the region we have spoken of today including Hauturu. 
 So this korero onamata is tika but today it is acknowledged by the Crown that Ngati Manuhiri will receive Te Hauturu-o-Toi back for a period of 7 days before gifting it back to the people of Aotearoa New Zealand. We did include some clarification in recognition of the submissions that we received that it was not recognition of the mana to the exclusion of other iwi. So that has been reflected in the bill which we have reported back.  
There is a rich history in terms of these Treaty settlement bills and I have been able to outline my own connection. People must think “Gee that guy’s connected everywhere!” but literally there are a lot of connections and that makes up who we are in our unique history as Maori in Aotearoa.  
I would just like to mihi to Ngati Manuhiri all of the negotiating team and all of the great rangatira who were involved in the progression of this claim which is now through to this bill stage. We are nearly there. We are just up to the second reading and we are on the home stretch. I would just like to mihi to you all. The beauty is that by doing this mahi it is sort of opening up to me and revealing a whole lot of connections and a whole lot of the history that makes up as Tau said the rich tapestry that we have here in Aotearoa New Zealand as tangata whenua. So I would just like to mihi to them all and I commend this bill through to the next stages of the House. Kia ora ano tatou. 
DENISE ROCHE (Green) 
: 
 Tena koe Mr Speaker. Ki nga tangata o Ngati Manuhiri te ra. Tena koutou tena koutou tena koutou katoa. It is my privilege to speak on behalf of the Green Party and particularly on behalf of our co-leader Metiria Turei who is a member of the Maori Affairs Committee which has been hearing the progress of this bill.  
The Green Party has in the past supported Treaty settlement bills because we believe that the work of the kuia and kaumatua in bringing the settlements to this stage should be respected. Sometimes we have been able to negotiate changes to the settlements in favour of iwi and hapu. Most of the time the Crown refuses to entertain any notion of genuine change to address iwi and hapu concerns. It is therefore really an easy vote to cast as we have some serious objections to the settlement process particularly as it has descended more and more into deals rather than genuine restitution from the Crown to Maori for the losses that you have suffered. 
We do not believe that these settlements are full and final. We think they are deals done today according to today’s constraints and that the issues will be revisited again in the future. We are seeing this more and more and we just have to look at the issues around why as an example. We acknowledge the huge losses Ngati Manuhiri have suffered at the hands of the Crown and we do not detract from that but we must always state the failings of the Crown in our contributions to these debates. We must remind the Crown that if it continues to exercise undue power of the process to the detriment of iwi and hapu we refuse to simply rubber-stamp these bills. 
Earlier in the year the Greens abstained on the first reading of this bill for the first time in our history. Our vote will not change despite the work of the select committee. I acknowledge the chair Mr Henare I acknowledge the members of the select committee and the Minister who have worked very hard on this and I acknowledge also all the submitters and all their work. 
During the select committee hearings we heard very concerning reports about mandate conflicts of interest and perhaps unsurprisingly some disregard for the Minister of the issues of Ngati Wai over this settlement. A major argument of the Manuhiri Omaha Kaitiakitanga Ora Trust—the mandated negotiating body—in support of this settlement was that Ngati Wai had supported it. They relied heavily on the decisions of the Ngati Wai Trust Board. However there were serious conflict of interest issues that were not resolved to our satisfaction. 
Two issues of concern involved the people involved in the two bodies. One very serious issue was the mandate of the Ngati Wai Trust Board to support the bill. One person held the position of chair of the Ngati Wai Trust Board and of the Manuhiri Omaha Kaitiakitanga Ora Trust. In addition Wayne Peters was the legal adviser to both the trust board and the trust. We specifically asked during the hearings whether the conflict of interest issues were advised to the members recorded or otherwise managed in any way. We were told no. We were told there were no conflict issues even where these had been raised by some Ngati Wai. 
During the process of the select committee a properly held special general meeting of the Ngati Wai Trust Board was called. At that special general meeting the members overwhelmingly voted to oppose this settlement bill. The trust board considered that decision but as it was not required under its trust deed to adhere to that decision it retained its previous position of support for the bill. It appears that this was lawful but in our view it remains ethically questionable because of the serious conflict of interest issues that arose from having two people playing key roles in both organisations. 
As a result of both the actions of the trust board in response to the special general meeting and the failure to properly sort the conflict issues we do not believe that there is significant support in Ngati Wai for the bill. We concede that the trust board supports it but not the people who are most affected by the provisions of the bill. Therefore we cannot rely on the Manuhiri Omaha Kaitiakitanga Ora Trust assertions that it has Ngati Wai support for this settlement. 
We acknowledge that the bill has been amended to state that the provisions do not prevent future settlements from providing co-governance arrangements for other iwi in the future. This change is not sufficient to alter our vote. We remain very sceptical of the Crown’s intentions with this legislation to hand over Hauturu to Ngati Manuhiri ownership for 7 days before it is returned to Crown ownership minus 1.2 hectares set aside for Ngati Manuhiri use. We think this is an example of giving with one hand and taking with another and we can see that this type of mechanism might well be used by the Minister in future settlements concerning Hauturu. 
Ultimately the box is ticked but the substance of the deal remains with the Crown. The Crown gives up practically nothing. This is not restitution. We consider this type of gift to be a Crown insult to those whose land was taken without their consent those who were forcibly removed from their land. We believe that the Crown dishonours itself with this deal. We understand that Ngati Manuhiri people have pursued this settlement as best as possible in the current circumstances—we acknowledge that. We wish them well. We wish them all the best in their pursuit of their rangatiratanga at this time. 
Hon TAU HENARE (National) 
: 
 Kia ora Mr Speaker. I will not take too much of the House’s time and I will leave the majority of my comments to the Committee stage and the third reading. Can I say though that in response to the last speech although I am not going to bag it or anything like that the question is this: are we saying it is a good settlement or are we saying it is a bad settlement? At the end of the day Ngati Manuhiri has signed the deal not us. They said they want to sign the deal. Like I said earlier in the day it is easy for us to sit here and make speeches but they are the ones who have got to live the life. They are the ones who have to get on with whatever they want to get on with. It is not for us to say “You should take it.” or “You should leave it.” At the end of the day that side will decide whether they should take it or leave it. So they have decided in their wisdom to take the deal that is on the table. 
We all know that it is a minuscule settlement. It is a—I was going to use some of my South Auckland slang but I thought I had better not— 
Hone Harawira 
: Not if you want to be Speaker. 
Hon TAU HENARE 
: That is right. At the end of the day Ngati Manuhiri have decided. I hear what the member from the Green Party said about Ngati Wai and there are some issues around that. But put yourself in this position. In a small Maori community obviously sometimes there is going to be a perceived conflict of interest because the lawyer is working for two people or two organisations. 
Hon Member 
: Get two lawyers. 
Hon TAU HENARE 
: Well you know I mean it is not as if Ngati Manuhiri people are so overflowing with gold and riches that they can afford to go to Kensington Swan or whoever. 
Hon Simon Bridges 
: I used to work for Kensington Swan. 
Hon TAU HENARE 
: And one of my colleagues did work for Kensington Swan until he got asked to give the toilet key back. 
I do not think that this settlement hinges on whether Ngati Wai agree or not and one of the things about doing a Treaty settlement is that it is very hard to actually get a change in the bill. I think our select committee did a wonderful job by actually getting the change—I think the Minister for Treaty of Waitangi Negotiations mentioned clause 96A which clarifies the co-governance agreements with our Department of Conservation over Te Hauturu-o-Toi Little Barrier Island and they are not exclusive. What that amendment says is that it is not exclusive only to Ngati Manuhiri. So it does not wipe out any claim Ngati Wai may bring at a later date. 
So I hear what the member said but I also think that the select committee did its job and did a pretty good job in trying to convince the Minister to put a change or a definition that would say to Ngati Wai: “Look this doesn’t count you out.” In fact it does not count out anybody who thinks they have a relationship with Hauturu. I might leave it there because I know that my brother over there wants to get to lunch. 
The last thing I will say is that in a process where the select committee asks the Minister to change something in the bill the Crown has to agree and so do the home folk. So it is not just a change because the select committee asks for it; they have actually got to get agreement from the home people if there is to be a change. I commend both the Minister and also Ngati Manuhiri for agreeing to that change to make sure that it is clear that there is no exclusivity. I will leave it at that. 
LOUISA WALL (Labour—Manurewa) 
: 
 Kia ora Mr Speaker. E nga mana e nga whanau o Ngati Manuhiri tena koutou tena koutou tena tatou katoa. It is my pleasure to speak on the Ngati Manuhiri Claims Settlement Bill as a member of the Maori Affairs Committee. I want to tautoko what our chair the Hon Tau Henare has just said and I want to share a little bit about what happened in the select committee. We appreciate the fact that he hosted us when we came to him to hear from his whanau. We had 140 written submissions and we heard 17 oral submissions on the bill. The key issue as has been outlined by the Greens and the Minister for Treaty of Waitangi Negotiations alluded to it was the opposition to the inclusion of Te Hauturu-o-Toi. In fact 95 of those submissions were against the inclusion. 
What I want to say about this process what I think we need to realise about this process of Treaty settlements is that for me I think it is our country’s truth and reconciliation process. It is recognition that we as indigenous peoples of Aotearoa have been colonised and we have had our lands and our resources taken from us. It is with the generosity of our hapu and iwi that we can actually move on. I mean these settlement processes are about moving beyond grievance and actually giving resources back to hapu and iwi so that we can construct positive lives for our mokopuna and our tamariki. 
What we need to acknowledge in this process is that in fact we are in a process. Ngati Manuhiri were ready to go. Why should we hold them back? Ngati Wai is on the schedule to negotiate next year. In addition to Ngati Wai we have Ngati Rehua we have Te Kawerau-a-Maki we have Marutuahu and we have Ngapuhi who also have interests in Te Hauturu-o-Toi. What we have done as a select committee is to recognise that there are mana whenua interests over this piece of land. A very rare thing happened through the select committee process. It was not just tokenistic rubber-stamping of the process. We as a select committee actually implemented and inserted clause 96A. That clause is titled “Involvement of other iwi” and it reads: “This subpart does not exclude representatives of other iwi from being involved with the Hauturu plan if other enactments provide for that.” So with the gracious consent of Ngati Manuhiri we inserted that. I want to acknowledge the whanau who are here for the rangatira that you have shown for the fact that you were ready to go but you have preserved the ability for the other whanau to be involved in what will be I believe co-management—and more than that because you have your own whenua on which you will build a marae or do whatever you want to do with it. But the fact is you will get some of that whenua back. 
I want to acknowledge the work of the select committee and my fellow colleagues on the committee. It was a process where we did listen and it made a difference and we are here today at the second reading. I am happy to be part of a Parliament that wants to get on with this reconciliation process to give the resources back to hapu and iwi and to let you do with it what you choose. Kia ora. 
HONE HARAWIRA (Leader—Mana) 
:  
Tena koe Mr Speaker huri rauna tena tatou katoa e te Whare. Koutou e noho mai na e oku whanaunga o Ngati Wai o Ngati Manuhiri koutou tatou ra wena. E tika ana kia kaua e whakaarohia mena kei roto koe i tera hapu ehara koe kei roto i tenei hapu. He whanau kotahi tatou o roto o tera o wa tatou moana ona motu ona whenua katoa no reira me mihi atu ki a koutou.  
E Mooks tena koe. I think Parekura Horomia still does not know what your real name is. I told him that I actually thought it was Mooks. But me mihi atu ki a koe i haere mai nei. 
E tika ana kia mohio ai koe i taku rongona atu ki nga korero o te Ropu Kakariki e tautoko ana i to ratou korero i te mea koia te wairua kua rongo nei au i roto i nga korero i te kainga te korero kua rongo nei hau i roto i ta matou noho korero i Omaha tae noa ki tenei wa. Kei reira tonu tera whakaaro me te mea ano hoki hara to ratou korero hei takahia i te mana o Ngati Manuhiri engari kia tohutohu atu ki te kawanatanga kia kaua e whakakahoretia i te mana o tena o tena o tena. No reira me mihi atu ki te Ropu Kakariki e tu kaha ana ki roto i to ratou ake kaupapa i te ra nei. Engari moku i tenei wa kia kaua tatou e w’akatakoto i wena raruraru ki mua i te aroaro o te Whare Miere engari kia whakahokia wena korero ki te kainga ma matou ano hei korero ma matou ano ra hei w’akatau. 
Heoi ano mo tenei wa kua tae matou ki tenei wa whakatau no reira me mihi atu ki a koutou i haere mai nei i tenei ra tatou ano ra e nohonoho nei tena koutou tena koutou huri atu huri noa kia ora tatou katoa. 
[ 
Thank you Mr Speaker and salutations to us all in the House. To those of you seated there my relatives of Ngati Wai and Ngati Manuhiri you lot you are indeed us. It is right that you do not consider whether you are in that subtribe or this subtribe as we are one family of that part of our harbour its mountains and all its lands and so I acknowledge you collectively.  
Hello there Mooks. I think Parekura Horomia still does not know what your real name is. I told him that I actually thought it was Mooks. But I need to single you out for coming here.  
It is right that you should know that when I heard the sentiments expressed by the Green Party I supported what they said because that indeed was the spirit I felt in the talks back home and heard firsthand in our discussions at Omaha right up to this moment. That talk is still there. It seems as well too that the Greens are not going on about bashing Ngati Manuhiri’s autonomy but rather pointing out to the Government not to extinguish the autonomy of that one that one and that one. So I must congratulate the Green Party for standing staunch on what it believes in today. For me personally at this point in time we should not be raising those problems before Parliament but should be taking it back home for us to discuss and deal with there.  
Therefore I need to acknowledge you who came here today. To those of us once again seated about here salutations and acknowledgments to you collectively throughout and about. Thank you to us all. 
] 
BRENDAN HORAN (NZ First) 
: 
 I rise on behalf of New Zealand First in support of the Ngati Manuhiri Claims Settlement Bill. It has been very interesting with this bill. There is no need for me to go over what has already been said this morning but Ngati Manuhiri’s work with Ngati Wai means that this settlement has created momentum for settlements throughout the upper North Island this being the first of the Ngati Wai settlements so it lays that foundation. I would say that the select committee process is robust and we certainly had a robust meeting with robust discussion when we were at Leigh. 
It was also a little bit sad because one of the Maori Affairs Committee members did not do her work and incited some young people who were there. So the day ended up with a lot of recriminations and allegations. It was disappointing that it came about like that but the end result again is that there is great healing to be done. I would like to acknowledge the work and the strong leadership of Laly Haddon and his team—so kia ora and good luck. New Zealand First supports this bill and we look forward to the third reading. Kia ora. 
A party vote was called for on the question  
That the Ngati Manuhiri Claims Settlement Bill be now read a second time. 
Ayes 107 
New Zealand National 59; New Zealand Labour 34; New Zealand First 8; Maori Party 3; ACT New Zealand 1; Mana 1; United Future 1. 
Abstentions 14 
Green Party 14. 
Bill read a second time.