Volume 696 Week 65 - Wednesday 19 February 2014(continued on Thursday 20 February 2014)Text is incorporated into the Bound VolumeVolume 696 Week 65 - Wednesday 19 February 2014(continued on Thursday 20 February 2014)[Sitting date: 19 February 2014. Volume:696;Page:16141. Text is incorporated into the Bound Volume.]Wednesday 19 February 2014(continued on Thursday 20 February 2014)Business of the HouseHon GERRY BROWNLEE (Leader of the House): There are somewhat unusual circumstances prevailing here in Wellington this morning with the airport being closed. As you will be aware the Business Committee had enabled select committees to sit outside of Wellington yesterday. Those members are having difficulty getting back. Most important one of those committees is the Māori Affairs Committee. There might have been an expectation quite reasonably that many of those members would be speaking to the bills that are before the House this morning. What I would like to point out is that whilst select committees continue to operate this morning here in Parliament over two-thirds of Cabinet are present in the House as well as senior members of the Opposition. They are filling those benches while Parliament’s committees continue to operate in difficult circumstances.I thought it was worth making a comment about that so that there was no feeling that these bills were of lesser importance to those people who worked very very hard on them. I am sure the contributions from all this morning will reflect the fact that Parliament has considered very favourably the intention of these bills.Mr DEPUTY SPEAKER: Leader of the House Gerry Brownlee your explanation is most helpful. Thank you very much.Te Tau Ihu Claims Settlement BillSecond ReadingHon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I moveThat the Te Tau Ihu Claims Settlement Bill be now read a second time. This omnibus bill represents the culmination of a huge amount of work over many years by some very dedicated people. The bill is going to give effect to eight deeds of settlement that seek to remedy the wrongs of the past and set a foundation for eight iwi at the top of the South Island to thrive into the future. Ngāti Apa Ngāti Kuia Rangitāne o Wairau Ngāti Kōata Ngāti Rārua Ngāti Tama Te Ātiawa and Ngati Toa Rangatira are the eight iwi whose claims are going to be settled through this bill.I want to say something about the historical claims of the iwi. They relate to events at the top of the South Island the prow of Māui’s waka. In legend from this waka Māui and his brothers raised the great fish—that is the North Island—from the depths of the Pacific. With all remaining South Island historical Treaty claims settled through this very bill I am sure that we as a country will be in a strong position to pull that sluggardly large fish the North Island to a similar position. In that regard I thank the Māori Affairs Committee for the tremendous work it did yesterday on the Tūhoe bill in the North Island. I acknowledge Mr Tirikatene who to quote the lyrics of the old song “drove all night” so that he can be here for the hearing today—the debate. I forget I am not in court any more! This bill is a strong step in the direction of settling all historical Treaty claims in New Zealand. The progress of the bill is indeed long awaited for the eight iwi concerned but also for New Zealand as a whole. I encourage the House to support this bill today and the four individual bills it will split into for the third reading.Te Tau Ihu at the helm of the waka was the setting chosen for one of New Zealand’s earliest settlements for migrants coming out from England. Nelson was seen as an ideal place for those from England to start afresh and to find a place to set their feet. In the course of this stage of our country’s development we saw eight iwi lose access to their land so it is time to again start afresh through this bill. Te Tau Ihu wasalso the setting in the Wairau Valley for one of New Zealand’s most infamous violent conflicts between Māori who were attempting to preserve their land ownership and Pākehā. It is indeed unfortunate that large tracts of Māori land in Te Tau Ihu are today locked into inert forms of land ownership. Te Reo is not widely spoken Younger generations do not have the connection to the whenua that their ancestors had and Māori do not have the representation in decision making for their region that they should.As I often say when I get these speeches it is not possible to fully compensate iwi or indeed any claimant group for the loss their people have suffered. The redress in this bill seeks to recognise the long-standing cultural and spiritual association the iwi had with places in which they resided in the 18th century but where they have since incurred substantial land loss and disenfranchisement. The bill provides a platform for the iwi to establish a strong position into the future and to rebuild a relationship of dignity with the Crown. The omnibus bill will also settle the historical Treaty claims of Ngati Toa Rangatira across the Cook Strait to the lower North Island and very importantly is going to recognise the relationship between Ngati Toa Rangatira and the “Ka Mate! Ka Mate!” haka. The redress package acknowledges that Ngati Toa Rangatira lost land in the Porirua and Kāpiti area as epitomised by the case ofWī Pārataand the Bishop of Wellington.Negotiations between the iwi have been long and at times difficult. They were difficult because of the highly overlapped nature of interest in claims in this area. As such a novel approach was taken whereby all eight iwi progressed to a final redress package concurrently. Not only did they individually have to negotiate with the Crown but also they had to work through the differing views with other iwi. So I am very grateful to the members of the Māori Affairs Committee who have considered this bill having invited public submissions on it. They heard submitters in Wellington and they travelled to Blenheim and to Nelson to hear from submitters such is their commitment. I thank the committee in the context of the handful of other Treaty settlement bills soon to be referred to it on the back of this one. I acknowledge the time that the committee spends on these bills and once again say that the committee has done an excellent job.The committee received 36 submissions. It has examined the bill and has proposed amendments with the endorsement of the Crown and the iwi concerned. The first amendment is a statutory release from liability in favour of Ngāti Rārua Ngāti Tama and Te Ātiawa in relation to Puketāwai a cultural redress site they will receive as part of their settlement. The second amendment is the refinement of a section of the “Ka Mate! Ka Mate!” haka’s attribution. This refinement clarifies the exclusion for educational purposes from the attribution right in favour of Ngati Toa Rangatira over the “Ka Mate! Ka Mate!” haka. I will say a lot more about that particular form of redress which is novel and very very important when we come to the third reading. Other amendments are minor and technical in nature. I commend the bill to the House.RINO TIRIKATENE (Labour—Te Tai Tonga): Tēnā koe Mr Deputy Speaker. Tuatahi me mihi atu ki a koutou e ngā iwi o Te Tau Ihu o Te Waka naumai. Haere mai ki te Whare Paremata e takatū nei. He rā whakahirahira tēnei. Huri noa e aku rangatira e te Whare tēnā koutou tēnā koutou ā tēnā tātou katoa.[Thank you Mr Deputy Speaker. In the first instance I acknowledge you the tribes of the Prow of the Canoe welcome. Welcome to Parliament House waiting here in readiness. This is an important day. So salutations to you collectively my esteemed leaders throughout and to the House greetings and acknowledgements to you all.]I am delighted to be here in this House this morning to speak at the second reading of the Te Tau Ihu Claims Settlement Bill. Not fog nor thunder nor rain nor any othertype of weather that Tawhirimatea could throw at me would hold me back from being here in the House this morning. [Interruption] It may have held Tau back but not me.I am delighted to speak in support of this bill. As you can see this bill is some 480-plus pages long. It is a voluminous bill. It is a very significant bill. It settles the claims of all of the tribes of Te Tau Ihu o Te Waka a Māui. Rangitāne Ngāti Kuia Ngāti Apa Te Ātiawa Ngāti Tama Ngāti Rārua and Ngāti Kōata are all resident in Te Tau Ihu and Ngati Toa Rangatira of Porirua also has shared interests and propriety rights in the south as well as in Te Whanga-nui-a-Tara. So it is a significant bill.I am very proud to have been a member of the Māori Affairs Committee. We met on several occasions to hear public submissions on this bill. As is always the case with every submissions hearing that I have sat through there are those who are in support of the bill and there are those who are against. Those who are for are generally those who have done the hard mahi the hard graft to actually bring this bill into fruition and they are generally satisfied and want to hurry its passage through because the work has been done. Unfortunately some of the submissions are against and obviously they voice their opposition quite strongly. We heard some strong opposition from certain submitters.Just to canvass a range of the issues that we covered at the select committee—and I am selecting only a few because it is such a huge piece of legislation and it spans such a wide geographic area and numerous iwi and waka groups—we heard submissions from the Port Nicholson Block and Te Ātiawa against Ngāti Toa regarding redress in central Wellington and also Ngāti Toa’s interest in Taputeranga Island in Island Bay.The issue of that police station is a complex argument between the tribes the negotiators and the lawyers. There was eleventh-hour legal action as we know by Te Ātiawa and that led to some frustrating delays. But at the end of the day Ngāti Toa’s presence on the south-west coast is acknowledged by Te Ātiawa. It is not so accommodating when it comes to Taputeranga but it seems that unfortunately these actions really go back to the Crown because previous negotiators with the Port Nicholson Block claim have some explaining to do. They have some explaining to do just in the way that it created a quite messy issue that was not available during previous negotiations but then there was a way forward when Ngāti Toa came to negotiate. That has been acknowledged and that was an impasse that was created by the Crown in terms of the negotiations on those respective claims.At the hearings in the South Island we heard from all the iwi all very much supportive of the negotiation process. But it is very true that more recompense should have been available under these settlements and that was very much a strong thrust of the submissions from the iwi. But he aha—they are willing to get the deal done and make sure they can move forward and I do mihi to them and acknowledge them for that.In the south we heard from Pākehā families—for instance around the Tuamarina area—who are associated with that site regarding public land and reserves being transferred over to Ngāti Toa. These Pākehā families are some of the descendants of the settlers who took part in what has become known as the Wairau incident. These people felt that no change was necessary and they were unhappy with the statutory role Ngāti Toa will play in the administration of that reserve. But the Wairau Valley and that incident involving Ngāti Toa and the settlers is a very important footnote in the history of both the settlers and Ngāti Toa. I think it has been dealt with appropriately through recognition. Ultimately these matters will require an ongoing relationship being formed between the iwi and the actual resident groups the people at Tuamarina. We can only encourage that taking place and it will take place into the future.Still in Wairau there was a Pākehā family by the name of Fairhall who asked for the return of some land that was acquired under the Public Works Act to build the Woodbourne air force base. This land has been earmarked by the Crown to use in the Treaty claim settlement negotiations. The family say it is at their expense and they have recently gone to the High Court I understand for a judicial review on that particular matter. But just as the Public Works Act has been a taniwha for many a Māori whānau or hapū right throughout the country it was interesting that it applies not only to Māori but also to Pākehā families.There were many other submissions from various other hapū and I am thinking internally within the Rangitāne. Of significance I think were the submissions in relation to the Wakatū Incorporation and other historical land entities within the top of the South Island area—Nelson Wairau—and their assertion that their rights have been overridden through these settlements. My only comment to that is that ultimately these settlements are about the iwi working together as the Crown has done on a regional grouping basis and ultimately—ultimately—the outcome that has been achieved through this legislation benefits all of the iwi members in Te Tau Ihu o te Waka a Māui whether or not they are shareholders in Wakatū Incorporation Ngāti Rārua-Ātiawa Iwi Trust Wellington Tenths Trust or other historical land entities and incorporations. This is an iwi-wide settlement and the iwis have gone through a tremendously long process to establish themselves and to get to this point and ultimately all of the whānau benefit because they are all members of the iwi.That is the only way I can really address the mamae of certain whānau. There is mamae right across all the whānau of Te Tau Ihu. You can never really adequately address it but this is an iwi-wide settlement and the eight iwi who have participated have done so in good faith. Even though there has been opposition from corporate organisations like the Wakatū Incorporation the iwi have stood strong and that has prevailed and we tautoko it here through at the second reading as this bill continues its passage.One of the sadder parts of the submissions around this bill was the number of those who were totally opposed to the Treaty settlement process. You know some made some very racist accusations towards the iwi towards Māori. In particular they were accusing certain rangatira of being murderers of both Māori and Pākehā. Look it is not for me to go over all of the history. What we are trying to do here is not only acknowledge that history but also ensure that the Crown properly recognises the injustice and the grievances of these iwi and settles them so they can all move forward.We heard a few of these submitters. They do not believe that the Crown ever breached the Treaty—they probably do not even believe in the Treaty. Clearly their thinking is wrong but it is a sad indictment that there are still intractable parts of society who believe that Māori deserve nothing from the Crown. Some of the letters that were received are quite openly hostile along those lines.Be that as it may we heard a range of submissions but I think under the guidance of our chair the committee considered everything—all the submitters—and we are very pleased with the outcome that we have come to. I look forward to awhi the further passage of this bill through the House and I commend it to the House. Kia ora tātou.Hon Dr NICK SMITH (Minister of Conservation): The Te Tau Ihu Claims Settlement Bill will be the most important piece of legislation for my community of Nelson in the term of this Parliament. I want to recognise Ngāti Apa Ngāti Kuia Rangitāne Ngāti Kōata Ngāti Rārua Ngāti Tama Te Ātiawa and Ngāti Toa representatives in the gallery and many of their elders who started this claims process but have since passed on.I also want to recognise Chris Finlayson for the outstanding pace that he has put on to the Treaty settlement process which for us South Islanders gives the very real prospect that in the term of this Parliament all Treaty claims in the South Island will be settled with this bill. The lifting of that cloud of claims over the South Island with the very substantive Ngāi Tahu settlement as well as these claims is a huge step forward.When I attended Waitangi Day at the Whakatū Marae this year the first thing that was notable for me as one who has been there over many years was the record number of people who were there and rather than an atmosphere of almost shame there was an atmosphere of pride. The story of Treaty settlements associated with not just this settlement but those that are being achieved New Zealand - wide is showing a maturing of our nation and an acknowledgment of things in our history that were not right. And in terms of settlements of this sort that really offers huge hope for communities like mine in Nelson.The previous speaker Rino Tirikatene noted that there are a few grumbles around the edges and there are elements of my community—I too get the letters of the grumpies who oppose this process. I assure my colleague opposite that they are an increasingly small minority and actually the broader mood of the Nelson Pākehā community is one of really looking forward to this work being completed to these settlements being resolved and for our top of the south community to be able to celebrate the success and the partnership with Māori their success in the economic world and their greater involvement in many of the public lands that are in our areas. Also in terms of the economic significance of the scale of the settlement and the way in which actually—let us be honest—this money is more likely to stay in our community with the very long history of each of these iwi and the way in which they will move forward.Can I acknowledge the work of the Māori Affairs Committee. I mainly actually want to acknowledge the huge patience the determination the hard work that have gone in by iwi to get us to this point. I look forward to the point where this bill goes through its third reading and when Nelson and the entire South Island can move forward from the period of grievance over these Treaty breaches and look forward to a far more prosperous and optimistic future for the top of the south. Thank you very much.Hon NANAIA MAHUTA (Labour—Hauraki-Waikato): It gives me great pleasure to be able to contribute to the second reading of the Te Tau Ihu Claims Settlement Bill. I recognise the huge amount of effort and commitment that has gone in to reaching this point by all those negotiators and advisers and acknowledge all those people who have participated throughout the whole process to ensure the result we have here today which is a cluster of settlements tasked with taking the people in Te Tau Ihu forward. I want to also make an acknowledgment of my friend and colleague Maryan Street who was at those same Waitangi Day celebrations at the marae that the Hon Nick Smith referred to. One of the things that she said to me in our conversation was that it was a brilliant day because everybody from the whole community came on to the marae and had a place where they all felt they belonged. Is that not a great testament to the progress that Treaty settlements can make for all New Zealanders in terms of shaping our national identity within communities throughout New Zealand? That is what Te Tau Ihu and the group of iwi in those claims groups are able to achieve.When we went down to Nelson to listen to the submissions we understood how acute some of the local issues are for those iwi. We understood that despite some of the tense points of negotiation and some of the internal factions that occurred it had taken place over a long period of time. So anyone listening to this debate today should have the confidence that this has not happened all of a sudden. It has happened because therehas been a lot of work and effort put in to reconciling issues within each respective iwi and trying to progress a settlement for the greater interests of those iwi members.One of the things that always vexed the Māori Affairs Committee is the issue of mandate so I thought it would be useful to actually go through the ratification of the deeds of settlement of each respective iwi involved in the Te Tau Ihu Claims Settlement Bill so that people can see that the rate of participation and the level of confirmation of the deeds of settlement were quite healthy. We should be encouraged by that. Ngāti Tama ki Te Tau Ihu had a 40 percent participation rate in the ratification of its deed of settlement and an approval rate of 100 percent. It had very few invalid votes. Ngāti Rārua had a 28 percent participation rate and a 99 percent approval rate. Ngāti Kōata had a 25 percent participation rate of its tribal members in ratifying its deed and a 98 percent approval rate. Te Ātiawa o Te Waka-a-Māui had a 28 percent participation rate and a 92 percent approval rate. Ngati Toa Rangatira had a 26.2 percent participation rate and a 98.7 percent approval rate. Rangitāne o Wairau had a 34 percent participation rate and a 98 percent approval rate. Ngāti Kuia had a 34 percent participation rate and a 99 percent approval rate. Ngāti Apa ki Te Rā Tō had a 32 percent participation rate and a 99 percent approval rate.I guess in percentage rates people might think 20 percent or 30 percent is not much but when you look at the scale of Treaty settlements across the board they range from something like 18 percent to around about 52 percent at the highest level from what I can observe. So we can see that the Te Tau Ihu Claims Settlement Bill is somewhere in the middle. We should have a level of confidence that a lot of work has gone in to ensuring that the broadest possible net of securing greater participation in the decision-making process has happened. Mandate is a key issue in the Treaty settlement discussion and it certainly became a point of criticism I guess for those people who did not support it.But we must in fairness go to some of the submissions that were put before the select committee. I want to ask the House to look at the key amendment that the select committee raised. That was in relation to the Puketāwai site. One of the things that tasked our minds around getting that particular amendment was actually agreeing with submitters that they should not be inheriting a liability. So we have amended the bill to insert new clause 277A to ensure that the liability on that landfill site does not transfer to the new owners. Why that is so important is because previously it was to my understanding in the hands of local government and it is not fully disclosed what level of contamination exists on that site. We sought advice from officials. The Minister for Treaty of Waitangi Negotiations certainly heard the plea of the select committee to reconsider this particular aspect and thankfully we were able to achieve an amendment to make it very clear that no liability was to transfer from this closed landfill site.I think that is a gain in terms of the value of the select committee and what it contributes to the process. It is also a gain because the iwi are much more confident in terms of taking back land where there may be an undisclosed liability that they will not have to pay for the cost of clean-up. In terms of the Woodbourne airbase we did as my colleague Rino Tirikatene has said get a fair amount of concern around the return of this land and it not going back to private landowners. However we recommended no change to the bill because it is an airbase site it is a defence site and it will continue to be that. There was no indication when the select committee pursued the interests of people who objected to the clause that the site would no longer be used for a defence site so we thought that actually the provision in the bill can stay the same.In terms of Wakatū this is another area where the Wakatū Incorporation put its interests before the select committee and said that some of the private shareholdinginterests underneath its purview would be significantly affected by terms in the bill. Our mind was tasked around two particular things—firstly the cluster of Te Tau Ihu claimants actually did originally include members who were advocating for Wakatū and some way through the process if I recollect the discussion those interests had fallen away from continuing with the negotiation. The second key point was that this is an iwi settlement; this is not a private shareholder settlement. The fundamental difference is that some of the shareholders of Wakatū are not members of the iwi who will benefit from the settlement. So we kind of teased that out and got ourselves sufficiently comfortable with the fact that the clause protecting or preserving the legal interests that currently exists in the bill covers off all the concerns that Wakatū were concerned about.But can I put on the record because we wanted to make absolutely sure that we sought advice from both the Office of Treaty Settlements and the Crown Law Office in terms of that significant submission. I will read the advice that we got back from the Crown Law Office for the benefit of those who are listening and are interested in the debate. It says: “The current orthodox position is that the Treaty of Waitangi does not give rise to directly enforceable legal obligations without specific statutory authority. In the Wakatū proceedings the claims are based around the same factual grievances that are the subject of the settlement but primarily raise private law claims based in trust and fiduciary duty not based on the Treaty breach. The ability to prosecute certain private law claims raised in Wakatū may be impacted by extinguishment provisions of the Tainui Taranaki Treaty settlements and their extinguishment clause unless expressly preserved. Crown Law advice was sought on this matter and ultimately it was considered … improper to obstruct the final determination in the appellate courts. Legislative drafting was developed to specifically apply a preservation clause only to the current litigation and specific parties to that litigation.”I have read that quote for the benefit of Tainui Taranaki so that they are clear in terms of the way in which the select committee approached this issue and reconfirmed that the bill should not be changed in this regard. This is the second reading. Hopefully in the third reading of the bill every member of the Māori Affairs Committee who I know would want to speak on this will be able to make a contribution and acknowledge the hard work and effort of all those negotiators of Te Tau Ihi who have brought this bill to the House to be considered. Kia ora.DENISE ROCHE (Green): Tēnā koe Mr Deputy Speaker. Tēnā koutou katoa e te Whare.E ngā iwi e huihui nei tēnā koutou tēnā koutou tēnā koutou katoa.[Thank you Mr Deputy Speaker. Greetings to you all in the House. To the tribes assembled here salutations acknowledgments and greetings.]I just want to acknowledge before I start the people who are in the gallery today ngā tangata o Te Tau Ihu te rā. They are: Ngāti Apa ki te Rā Tō Ngāti Kuia Ngāti Rangitāne o Wairau Ngāti Kōata Ngāti Rārua Ngāti Tama ki Te Tau Ihu and Ngati Toa Rangatira. Tēnā koutou tēnā koutou tēnā koutou katoa.I acknowledge that the Te Tau Ihu Claims Settlement Bill is complex covering eight deeds of settlement for breaches of Te Tiriti o Waitangi for historical grievances and that it offers some redress for those breaches. The bill also covers the intellectual property issue of the haka “Ka Mate! Ka Mate!” and acknowledges Ngati Toa Rangatira Te Rauparaha as the composer of this iconic haka. In the next part of the parliamentary process this bill will be split up into separate Acts.I said in my first reading speech that it is a privilege to rise to speak on this bill and I reiterate that. The Treaty settlements have such a wide-ranging impact on so many people and to understand the significance of that is to feel the weight of the respective histories as a very tangible thing.I have to confess to the iwi that this is the first time I have sat on the Māori Affairs Committee to hear submissions. I am struck by how very different it is from my other committee the Transport and Industrial Relations Committee. It is very collaborative with the interests of the Treaty settlements at heart. I am very glad that I did get to the top of the south—Te Tau Ihu—to hear firsthand from the people affected by these settlements. I do read the written submissions of course but to actually hear what the people say while they are in their own rohe on the whenua about how these settlements will affect them is very powerful. I do believe that the submissions process helps us as politicians to understand the settlements so much better. So for all those who have submitted or who have ever made a submission in any type of democratic process take heart. It does make a difference.It is also good to hear the arguments directly from those who oppose the bill and I want to take time to acknowledge them—in particular Ngāti Rangitāne o Kaituna who presented to the select committee in Blenheim. The select committee report back to the House refers to decisions of the Waitangi Tribunal in 2003 that said that there was no distinction in whakapapa for Ngāti Rangitāne o Kaituna and that effectively Ngāti Rangitāne o Kaituna must sort things out with Ngāti Rangitāne o Wairau. I guess this is where the Greens’ position on the Treaty settlement process is made apparent. Our position and I stated it in the first reading is that we reject that these Treaty settlement bills are full and final regardless of what they say.One reason for that is that the Crown determines whom it will and will not negotiate with and our concern is that it can perpetuate further grievances by pitting Māori against Māori and hapū against hapū. This has happened before. The Crown has refused to acknowledge the status of iwi and they have had to fight tooth and nail for recognition and several of the Treaty settlements in recent times outline these struggles. It is the Crown then that draws the line in the sand and says: “We will talk to only these people and only if they have been there since a certain date.” That explains one submission that was in opposition to theNgati Toa Rangatira redress in the Wellington area.Our unease is probably best summed up by this bit from Chris Matenga Webber who submitted on behalf of the descendants of Te Rangi Hīroa fromKāpiti who had their own Treaty of Waitangi claims lodged. He wrote: “Members of Te Rangihiroa and other family lines have expressed concerns that [the Te Tau Ihu] settlement does not cause further harm within and between the iwi and have sought for opportunity to resolve [matters]. Concern remains around the non return of lands government manipulation of tribal and political landscape and imposition of models and agreements which further cement that status of tangata whenua as subservient whilst the Crown strengthens the inequality of its relative position.”I note that in the Tasman District the Wakatū Incorporation had a similar concern as well as concerns that these settlements would impact on its ability to settle its own property claims. But we have heard in great detail from the Hon Nanaia Mahuta the legal position of that and how we sought legal advice. Basically to sum it up because the Crown will not negotiate with an incorporation it negotiates with iwi.I want to acknowledge that I realise that there will always be competing interests. Iwi so often share common ancestors and whakapapa to the same areas and quite simply have had boundaries around their rohe that have stretched and reduced over time and that overlap. So I note that in this bill in some areas of redress like the Puketāwai cultural redress site the land is jointly vested. Here it is vested in three iwi: Ngāti Rārua Ngāti Tama ki te Tonga and Te Ātiawa o Te Waka-a-Māui. This redress property is another example of the generosity of iwi in these Treaty settlements.The report back to the House says that this bill needs to make sure that with the vesting of Puketāwai with iwi they not be liable for the economic or environmental liabilities that result from the closed landfill that is also on this land. Iwi in this area lost thousands and thousands of hectares of land and they get a tiny proportion back. In this case with Puketāwai it includes a closed landfill. That must be a metaphor for something but I do not know what.I want to acknowledge the generosity of the iwi who have had land returned to them that they have then given back to the Crown for the benefit of all New Zealanders. Ngāti Apa ki te Rā Tō for example will be receiving and returning the alpine tarns in the Nelson Lakes National Park. Again that iwi with Ngāti Rārua Ngāti Tama ki Te Waipounamu and Te Ātiawa o Te Waka-a-Māui will have Te Tai Tapu in the North-west Nelson Forest Park vested in them but will return it to the Crown after a week.The commercial redress in these settlements offers the chance for iwi to start to rebuild their economic base. The cultural redress is an acknowledgment and restoration of the status of the iwi in relation to their land and their resources and of their role as tangata whenua and kaitiaki. The renaming of certain sites back to their original names is important in telling the history of the area from a Māori perspective and again it addresses the tangata whenua status of iwi.I want to recognise the fact that these settlements do not just drop out of the air that it takes years and years of work. These bill readings and the submission process are the culmination of a huge collective effort over generations. I also want to acknowledge that these settlements are hard fought for and hard-won and that their success should be celebrated. I look forward to the third reading and the enactment of these settlements. I will be supporting this bill. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.JOHN HAYES (National—Wairarapa): Kia ora everybody. I would particularly like to congratulate our Minister for Treaty of Waitangi Negotiations Christopher Finlayson who has done a fantastic job in making progress on completing final and durable settlements for these Treaty of Waitangi claims. I hope that the people of Rangitāne and Ngāti Kahungunu in my electorate of Wairarapa are watching their televisions screens this morning listening to their radios and watching this progress. One thing about the Treaty process here this morning is that my own iwi are behind the game because for the last 8 years we have not got into the same space as the good people of Te Tau Ihu.When the Te Tau Ihu Claims Settlement Bill enacts the final settlements in the South Island finishing the work that was begun by the National Government in the 1990s with Ngāi Tahu the settlement will recognise the rights and wrongs of the past and I hope strengthen the partnership between the Crown and Māori and as well between all people in New Zealand irrespective of their ethnicity their background and their path to this country. I think that the main benefit which is why I want to see progress also in the Wairarapa electorate is that the settlements will allow iwi to unlock their economic potential and boost regional and provincial areas in keeping with the Government’s policy of building a more productive and competitive economy. This is a very good bill. I congratulate not only the Minister but also the Treaty negotiators the Government’s negotiators and all the people who were involved in coming to this very momentous occasion through this legislation in the House today. Thank you.MEKA WHAITIRI (Labour—Ikaroa-Rāwhiti): E ngā iwi o tēnei kerēme ngā iwi o Te Tau Ihu nau mai nau mai haere mai. Haere mai ki tēnei Whare ki tō Whare ki tō tātou Whare Te Whare Pāremata o Aotearoa. Nō reira ōku rangatira kui mā koro mā kei te mihi kei te mihi kei te mihi.[To the people of this claim Te Tau Ihu welcome welcome welcome. Welcome to this House to your House and ours Parliament House of New Zealand. So to my esteemed chiefs elder women and menfolk I greet acknowledge and salute you.]I join with all members of this House in supporting the second reading of Te Tau Ihu Claims Settlement Bill. Labour believes in building a future for all. Labour believes in having an economy that works for all New Zealanders. Labour believes in having a fair and just society where all live in dignity. Labour believes in having an environment we protect and a nation we can be proud of. In the second reading of this bill I believe that ngā iwi o Te Tau Ihu will be able to build that very future for their own. They will be able to build an economy that works not only for their people but for all New Zealanders. Ngā iwi o Te Tau Ihu will also be able to build a fair and just society where their own people and others will live in dignity and I believe they will build an environment that they will protect. Finally I believe wholeheartedly that ngā iwi o Te Tau Ihu will build a nation that they can be proud of.I stand in consolidation with all members of this House in supporting this important bill Te Tau Ihu Claims Settlement Bill. Can I acknowledge the efforts and role of the negotiators the role of the Minister for Treaty of Waitangi Negotiations the Hon Chris Finlayson and of course the role of the Māori Affairs Committee for its work throughout the select committee process both down in Nelson and also here in Wellington. Obviously in a joined up or large settlement such as this there are a lot of compromises and challenges that go on behind the scenes to get it to this stage so it is with a lot of I guess personal experience having been a mandated negotiator for the Rongowhakaata claim that I know that that is not often an easy challenge to overcome. Often our people are forced in terms of time and of course resources but the way in which I believe that the people of Te Tau Ihu the iwi of Te Tau Ihu have shown the humility the dignity the patience and the perseverance to get us here—I believe that what I see in front of us in the second reading of this bill is an acknowledgment of all those combined efforts and commitments. So again I join in celebrating this bill in its second reading.To the bill itself. Te Tau Ihu Claims Settlement Bill is an omnibus bill. It comprises four components three of which are claims settlement bills that seek to give effect to the deeds of settlement entered into by the Crown with Ngāti Apa ki te Rā Tō Ngāti Kuia Rangitāne o Wairau Ngāti Kōata Ngāti Rārua Ngāti Tama ki Te Tau Ihu Te Ātiawa o Te Waka-a-Māui and Ngati Toa Rangatira for the final settlement of their historic claims for breaches of the Treaty of Waitangi. The fourth component bill provides Ngati Toa Rangatira with the attribution rights in relation to the very famous haka “Ka Mate! Ka Mate!”. The eight deeds provide for the settlement of all historic claims in the top of the South Island an area referred to as Te Tau Ihu o Te Waka o Māui. The Ngati Toa Rangatira deed also provides for the settling of all of Ngati Toa Rangatira’s historical claims in the North Island. The bill includes only those elements of the redress and the settlement package that require legislative authority. The deeds of settlement set out in full the redress provided for the eight iwi in settlement of all their historical Treaty of Waitangi claims. I could not do justice going to each part of the bill suffice to acknowledge and I would like to take this time to reflect on all the iwi in giving a brief background to them as a way of supporting the second reading.I turn to Ngāti Apa ki te Rā Tō. Ngāti Apa ki te Rā Tō has customary interests in Te Tau Ihu or the northern South Island region. Around 700 people registered an affiliation to Ngāti Apa in the 2006 census. The Waitangi Tribunal heard the Te Tau Ihu claims of all iwi with interests in the northern South Island between August 2000 and March 2004 and released preliminary reports in 2007 and a final report in November 2008. On 23 November 2005 the previous Minister in charge of Treaty of Waitanginegotiations and the Minister of Māori Affairs recognised the mandate of the Kurahaupō ki Te Wai Pounamu Trust to represent Ngāti Awa and two other iwi in negotiating a comprehensive historic Treaty settlement. The Crown signed terms of negotiations with the Kurahaupō Trust in June 2006. On 11 February 2009 the Crown and the Kurahaupō Trust co-signed a letter of agreement. So to Ngāti Apa ki te Rā Tō I say: kei te mihi kei te mihi kei te mihi.We turn to Ngāti Kuia. In terms of a background Ngāti Kuia has customary interests in Te Tau Ihu or the northern South Island region. Around 1600 people registered an affiliation to Ngāti Kuia in the 2006 census. The Waitangi Tribunal heard the Te Tau Ihu claims of all iwi with interests in the northern South Island between August 2000 and March 2004 and released preliminary reports in 2007 and a final report in 2008. I note here that the terms of negotiations were signed with the Kurahaupō Trust in 2006 and on 11 February 2009 the Crown and the Kurahaupō Trust co-signed a letter of agreement.I want to acknowledge Rangitāne o Wairau who hold customary interests in Te Tau Ihu or the northern South Island region. Around 1000 people registered an affiliation to Rangitāne o Wairau in the 2006 census. I knew that if I started going down this track I would run out of time in acknowledging all the iwi. Suffice to say to Ngāti Kōata Ngāti Rārua Ngāti Tama ki Te Tau Ihu and Te Ātiawa o Te Waka-a-Māui: can I again commend you for all the efforts and the mahi that you have displayed in bringing this bill to this House with the support of clearly the Minister for Treaty of Waitangi Negotiations and with the work of the Māori Affairs Committee. I join with all members in this House particularly on this side of the House in commending this bill at its second reading. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.CHRIS AUCHINVOLE (National): Tēnā koe. I would like to acknowledge the participants in this settlement: Ngāti Apa ki te Rā Tō Ngāti Kuia Rangitāne o Wairau Ngāti Kōata Ngāti Rārua Ngāti Tama ki Te Tau Ihu Te Ātiawa o Te Waka-a-Māui and Ngati Toa Rangatira. I am speaking from the desk of the Hon Tau Henare who I am sure would like to be here with you today. I will not say that I am speaking on his behalf because I would not attempt to emulate his skills. I would like to also acknowledge the wonderful work of the Minister for Treaty of Waitangi Negotiations the Hon Chris Finlayson who I think is respected by all sides of the House for the work that he has done. Of course he has been only half of the combination that it takes to form these agreements.This is a particularly important agreement. I find it important because in my 9 years here I have spent 3 of them as the electorate MP for West Coast - Tasman. So I am familiar with that part of the northern part of the settlement. The National-led Government is making great progress. This bill is very special because it finishes the work that the National Government began in the South Island with Ngāi Tahu. This is the final settlement so it makes it particularly special. Settlements of course recognise the rights and wrongs of the past and strengthen partnerships between the Crown and Māori. Settlements also help unlock the economic potential and boost the regional and provincial areas in keeping with National’s priority to build a more competitive and productive economy. I was very comforted to hear that—and I am not on the Māori Affairs Committee.I understand from previous speakers that the Wakatū situation has been taken into account has been addressed. And although it may not have resulted in a situation that is satisfactory to everybody the matter has been addressed and has been fully worked through. I think that is the very important thing.The select committee has examined the bill carefully and has brought through a number of recommendations which I would just like to address now. The Woodbourneairbase will allow Ngāti Apa Ngāti Kuia me Rangitāne o Wairau to exercise the right to purchase the land at Woodbourne airbase by way of redress. Part of this land was acquired by the Government for defence purposes from the estate of George Fairhall. Members of the Fairhall family as we heard from other speakers have opposed the inclusion of this land in Treaty settlements as they consider this will override their rights under section 40 of the Public Works Act 1981 and they have commenced a judicial review. So again the process will take its time and the results will reflect I am sure a sense of justice.It is always quite interesting to reflect on what is being achieved with the settlements particularly as I say under the authority of the present Minister for Treaty of Waitangi Negotiations. I can think back to my own origins which are Scottish and of course they had the Highland Clearances which—Hon Maurice Williamson: Really?CHRIS AUCHINVOLE: Yes yes indeed Scottish. That is why I have a hairy nose. Those clearances were never really properly addressed and they still to this very day are a source of grievance to people whose relatives were so affected. So although there are injustices the important thing about the New Zealand society and the New Zealand community on both sides is that they are working together to address these and to create fairness and a decent outcome. If I could just conclude I guess it is a case of exercising with caution my limited skills in Māori: “Let us wield the paddles of the canoe as we move forward together.” Tiakina te hoe kia rite [ensure the rowing is in unison]. Thank you.Hon SHANE JONES (Labour): I te tuatahi me kōrero ahau i roto i tō tātau Reo Māori hei tāpiri atu ki runga i ngā kupu kua puakina i waenga tonu i a tātau i tēnei ata hei tautoko i te kaupapa arā ko te waka e whakaterengia ana i raro i te ture hei hari hei hāpai i ngā taonga roa noa e tāria ana. Kātahi tēnei rā ka whakawhiwhia atu e te Karauna ki te iwi ko rātau ngā uri mai i ngā tūpuna i mamae ai i tō rātou wā i roto i ngā mahi i mētia e te Karauna. Nā reira a Te Tau Ihu tutuki noa ki tēnei taha o Te Wai-a-Raukawa Te Moana-a-Raukawa tēnā koutou. Tēnā koutou i tēnei rangi tēnei rangi whakahirahira tā te mea ko tā koutou i ōhia ai kātahi ka tutuki ki te kapu o te pepa i raro i te ture i raro nōki i te tāhūhū o tēnei Whare tō koutou whare te Whare Pāremata. Nā reira Te Tau Ihu ngā kokonga katoa tēnā koutou tēnā koutou katoa.[Firstly I must speak in our Māori language and add my sentiments to those expressed this morning amongst us to endorse the passage of this bill which is responsible for the development of long-awaited resources. At last this day the Crown has provided to the people who are descendants of the ancestors who suffered in their time through deeds imposed upon them by the Crown. We have reached the day where the tribe will soon receive these resources from the Crown. And so to those of you of Te Tau Ihu stretching across to this side of Cook Strait the Sea of Raukawa greetings to you collectively. Salutations to you on this day of great significance because that is what you collectively have hankered after and now it has been done. It is at last on the palm of the paper under the law and under the ridge pole of this House your House Parliament House. And so to you Te Tau Ihu and to all corners of the Chamber greetings to you collectively greetings.]I rise to support the earlier speakers and remind us how long this claim has been wending its way through the process. I have recited some of the history on earlier occasions and have shared the pleasure of sitting on the Māori Affairs Committee for a brief period of time during one of our visits down in Te Tau Ihu to hear the submissions.There are several elements I want to focus on in the Te Tau Ihu Claims Settlement Bill. First I want to acknowledge the Minister for Treaty of Waitangi Negotiations theHon Chris Finlayson. I want us to focus on something that I genuinely believe will over a period of time prove to be an extremely intelligent thing to have done. I am not being facetious to the Minister. I refer here to the ability of the iwi to actually enforce their protocols.Often iwi find that once these settlements have been entered into Governments come Governments go and Ministers move on and do other things with their lives. Goodness me I can think very vividly of the time when Doug Kidd was the Minister of Fisheries—a personality not unknown to these people. I think also of Douglas Montrose Graham who irrespective of what might be said about him outside of this House I have no compunction whatsoever in saying he did a lot of the heavy lifting in the original stage of the Treaty settlement process. I recently saw him at the mate for one of our matuas of the Tai Tokerau the late Laly Haddon otherwise known in North Auckland rugby lore as the “Black Tracker”. I had no qualms whatsoever in escorting him around the marae and sitting with him on the marae in that area.But the point I am making is about cultural redress in clause 32: “The Crown must comply with a protocol while it is in force. (2) If the Crown fails without good cause to comply with a protocol the relevant trustees may subject to the Crown Proceedings Act 1950 enforce the protocol.”—if the Crown fails the relevant trustees may subject to the Crown Proceedings Act enforce the protocol.I think that in times to come that simple provision will be an injunction to the courts to ensure that these protocols which do not have the same force and standing of property rights do represent an attempt on the part of the Crown to ensure that Māori are no longer marginalised in a range of areas whether it be fisheries whether it be landscape management whether it be heritage or whether it be standing up for those cultural resources the Tau Ihu iwi feels are integral to their identity.The other thing that is important for us to emphasise today is that this claim covers an area that is provincial. We need to ensure that the Crown as it goes forward with its Māori affairs policies and economic development policies in the regions of New Zealand never overlooks the endowments and never overlooks the rights that the smaller iwi in the regions are receiving.It could have been that Te Tau Ihu in times gone by was regarded as one homogeneous group of Māori. That is not the case in this bill. This bill recognises each particular iwi just as the bill to deal with the Muriwhenua tribes—when it wends its way into the House—will recognise my grandmother’s iwi a small iwi by the name of Ngāi Takoto. I doubt it even has 1000 members although as a consequence of economic stewardship that I am sure will be skilful its numbers will grow in time.The point I am making is that it is very important to claimants that they see their particular identity not melded into let me say larger organisms. But that is not always the case. A choice was made by the Kahungunu iwi which thought the Treaty claims would be better dealt with by dismembering the broad Kahungunu iwi community into more specific parts. That is not an approach that will work with the Ngāpuhi tribe. The Ngāpuhi tribe has the largest claim outstanding as I am sure the Minister for Treaty of Waitangi Negotiations will agree. That is the largest tribe with outstanding claims. It has members in excess of 125000. Whether or not they are active members or they are the great-grandchildren of our forays into Ngati Porou is another matter—that is another matter. In fact I am quite confident that a number of them are growing more confident that their whakapapa in Ngāpuhi is no longer an item of embarrassment.I would say to the Minister who has also got heritage responsibilities that Christmas Day 2014 will be 200 years since my matua Ruatara brought Samuel Marsden to Aotearoa along with our other matua Hongi Hika an unrivalled chief. The less said about that today the better.I think we need to celebrate what this group of Māori iwi have achieved. The task will not be easy to transform this into a durable flow of economic benefit but you have made your choice. The Crown has taken it as far as it believes it can and the fact that there is no more internal dissension is something the Ngāpuhi people need to learn.Given that the Ngāpuhi claim could very well be in the vicinity of $250 million if that was put on account it would earn 5 percent per year. A 5 percent yield on $250 million is about $13 million. The squabbling has gone on in the Ngāpuhi area for over 6 years. Six times 13 is not far from $80 million. No mana-munching personality in the Tai Tokerau Ngāpuhi iwi is worth $80 million. Kia ora tātou katoa.Bill read a second time.The ASSISTANT SPEAKER (H V Ross Robertson): In accordance with the determination of the Business Committee this bill will be divided by the Clerk of the House and those bills are set down for third reading next sitting day.Raukawa Claims Settlement BillSecond ReadingHon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I moveThat the Raukawa Claims Settlement Bill be now read a second time. This bill enables settlement of all the remaining historical Treaty claims of the Waikato iwi Raukawa. Last year the bill was considered by the Māori Affairs Committee and I really do appreciate the work the committee did in considering the bill and the issues that were raised in the submissions.For those guests of ours from Ngāti Raukawa who may be here I say that members of the Māori Affairs Committee were in the Tūhoe rohe yesterday hearing submissions on their bill and they have been unable to get back to Wellington because of the fog. I know that they would have wanted to be here for consideration of this bill.We are very lucky to have Mr Henare as the chair of the Māori Affairs Committee and I really want to thank both Mr Henare and the members of the committee for their very very efficient work. The committee considered 22 submissions from interested groups and individuals and it heard 10 submissions. It held hearings both in Tokoroa and in Wellington.I am very grateful to those who took the time and trouble to make submissions. Their participation is a very important component of parliamentary consideration of Treaty settlement legislation. In a number of cases suggestions made in submissions about how the bill could be improved have resulted in better legislation being reported to the House. I should also say it is very encouraging to hear from those who support the bill. In the case of this bill the committee has incorporated a number of changes to the legislation. These changes are mainly technical in nature and they help clarify aspects of the redress.I do not intend to fill the Chamber with my eloquence for a full 10 minutes. We are dealing with three bills this morning and it is important that we progress all of them. I will have a lot more to say about this settlement at the time of the third reading so with those few words I commend this legislation to the House.Hon NANAIA MAHUTA (Labour—Hauraki-Waikato): Tēnā koe Mr Assistant Speaker. E koa ana tēnei ki te tuku i ēnei whakaaro hei whakarāpopoto i ngā whakaaro kei waenganui i a mātou te komiti whakahaere mō ngā āhuatanga e pā ana ki tēnei whakatutukitanga o Raukawa. Nō reira Ngāti Raukawa tēnā koutou.[Thank you Mr Assistant Speaker. I am pleased to express these views that will sum up the thoughts amongst us the committee responsible for addressing thecircumstances that relate to this settlement of Raukawa. So acknowledgements to you collectively the tribe of Raukawa.]It gives me great pleasure to be able to offer a contribution in this second reading of the Raukawa Claims Settlement Bill. I will reserve the substance of my comments around this bill for the third reading and want to limit this contribution really to the considerations that the Māori Affairs Committee made in hearing the submissions in Tokoroa regarding each component of the Raukawa Claims Settlement Bill. Can I say this: I want to commend the chair of the Raukawa Trust Board Vanessa Eparaima and your team for presenting the Raukawa Claims Settlement Bill in a way that gave a quiet assurance to members that a lot of work had gone in to building and networking the relationships that impacted on some components of your settlement. I say that with some caution because in a sense this settlement can be considered within the context of the Waikato River settlement within the context of the Ngāti Korokī Kahukura settlement which is currently being considered by our select committee and also—hopefully Minister—the Maniapoto settlement which with fingers crossed might just get to us before election time.What we have is a matrix of very interwoven interests and whakapapa connections that contribute to a profile I guess of why settlements such as this will continue to require a lot of work. Vanessa herself when she came to the select committee made a very strong point about how much work had gone in to the issue of overlapping claims because of where Raukawa is situated with interests around Te Arawa whānau interests with their cousins in Pōhara and Ngāti Korokī Kahukura and interests with their whanaunga in Maniapoto. This is how their conversation occurred before the select committee.Firstly in relation to Waikeria obviously both Raukawa and Maniapoto have interests in Waikeria. One of the issues that came to the committee’s attention was how both parties signalled that they were wanting to take up or purchase the Waikeria property. We heard views from both Raukawa and Waikeria. We understand that with agreement of each party whether it is by first right of refusal or otherwise each party will have cognisance of one another’s interests to either purchase or exercise the first right of refusal interest in Waikeria. The select committee stripping away all the narrative around this considered that the provisions in the bill are fine and that this will be a healthy way to deal with this particular property.The issue of Ngāti Korokī Kahukura is a sensitive issue because the original Raukawa claim was lodged by Wally Papa who is Ngāti Korokī Kahukura and now has since passed. His family continue to carry the interests of their hapū which is straddled by Waikato and Raukawa in a very—let us say—independent way. What the committee had decided in this instance is that although certain mana whenua and Ahi Kā interests exist for Ngāti Korokī Kahukura the overall benefit of the Raukawa settlement cannot get away from whakapapa links that are intrinsically tied to Ngāti Korokī Kahukura people and marae and the fact that there is an amount of interest that must be expressed in relation to Maungatautari and to areas of overlapping interests.I think it would be wrong for us to try to sift through some of the internal relationship whakapapa and geographical interests in a legislative way. My great hope actually is that through good relationships and ongoing communication these types of issues will be sorted. I will probably come back to this issue when the Ngāti Korokī Kahukura Claims Settlement Bill comes to the House to try to clarify how we can do that. But Ngāti Korokī Kahukura on the substance of this bill wanted the Māori Affairs Committee to make it absolutely clear that they had specific rights and interests from Arapuni back to Maungatautari and that that should not be impinged upon by the Raukawa settlement. I think the solution here is not a legislative one; it is a relationshipone. I stand to be corrected on that but if I back my gut instinct on it then the bill should enable those relationships to be strengthened in time. Whew—that felt like a hard thing to say.The next concern was the interests around Te Arawa. We had a very healthy conversation about whether Raukawa’s map of association should be included or not. The nature of the conversation was that Raukawa had expressed a geographical interest in an area or an association with an area but the question was whether that association necessarily Minister Finlayson leads to an interest. The conversation we had was that if there is an expressed interest with exclusive rights then we must be very clear about it. If it is an association then that relationship to a geographical area should not be leveraged over and above those Ahi Kā who live in a particular area.I specifically refer to the submission of Eru George who came to the select committee and some of the concerns that he had on—I think if I was correct—the west side of Mangakino. The committee was very clear in its mind that having understood what Raukawa was trying to affirm it was a whakapapa relationship and therefore a geographical connection to certain places within its settlement. We accepted that but we did not accept that it should be anything more than that if there are hapū mana whenua or ahi kā roa in areas who have a direct and relevant interest in an area. I need that to be very clearly understood in this second reading debate because in the third reading debate it is certainly my view and it will have to be absolutely assured that when people read the final Act and they read the debate in the House in reference to what was intended the expression of interests should not be over and above those interests of mana whenua and ahi kā roa in a particular area.We were very impressed with the way in which Raukawa had gone about seeking participation and affirmation of their mandate and also their governance entity. There was no doubt about the fact that they had really thought about the future and how they could better prepare Raukawa going forward and that they had looked at this from an intergenerational perspective from a good governance perspective and from a representative perspective. We could not fault the way in which they had approached that. Therefore any criticism in that component of that debate was not really received by the select committee.Those were in essence what I had identified as the key issues in this second reading that should be referred to. One last point: we did make an amendment to make it clear that should the Ngāti Maniapoto Māori Trust Board change and become some other entity the reference in the bill needed to be clarified to ensure that any transfer of asset could go to the successor of the trust board. I wanted to make this point: given that the board is in its current process of claims hearings and it wants to be proactive in speeding up its negotiations it may well be that any transfer of Waikeria in the future may go to another entity not the Ngāti Maniapoto Māori Trust Board and that is as it should be.I enjoyed listening to the history the passion the expertise and the wisdom of the people of Raukawa when they presented to the select committee. They have done a fine job. I trust that my comments relating to Ngāti Korokī Kahukura will be taken on board by all listening and I trust that this bill will provide a way for better relationships to continue. Kia ora.Hon HEKIA PARATA (Minister of Education): Tēnā koe e Te Mana Whakahaere. Ki ngā mema Pāremata huri noa i tō tātau Whare tēnā koutou katoa. Kei Raukawa ngā kanohi o Raukawa i konei i tēnei rā me ērā o te wā kāinga o Raukawa tēnā koutou katoa. Kei te mōhio tātau mō tēnei āhuatanga o te whakaaetanga i waenganui i ngā iwi me te Karauna he uaua he taumaha he wero kei roto ēngari ko te tikanga ka oti pai i runga i te mōhio me whakatau ngā hara me huri te kanohi o te iwiki ngā tau kei mua i a koutou. Nō reira he mihi tēnei māku ki a koutou katoa mōku mō tō mātau taha o tēnei Whare otirā i runga anō i te wairua o ngā whakaaetanga nei i runga i te whakaae tahi a te Whare Pāremata kia tau tēnei kaupapa i waenganui i a tātau. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.[Greetings to you Mr Speaker. To all members of Parliament throughout our House greetings to you all. To you of Raukawa representatives of Raukawa present here today as well as those at home acknowledgments to you all. We are very much aware of the nature of a settlement process between tribes and the Crown. It is difficult and heavy going and there are challenges in there. But normally wrongdoings are settled knowing full well that the tribe must face the future before you collectively. So this acknowledgment is to you all from me personally and from our side of this House and indeed in the spirit of these consensual agreements of Parliament for this matter to be settled amongst us. And so acknowledgments salutations and greetings to you all.]I am very privileged to have the opportunity to rise and make a small contribution to the Raukawa Claims Settlement Bill. It is not usual that I have this opportunity because as the Minister of Education I believe that I am out there investing in the post-settlement opportunities which is to ensure that as many of our young people as possible are participating in quality early childhood education and are achieving through their primary school years so that they can go on to be successful in securing a senior secondary qualification to be the investors in the carriers of and the faces of the future of iwi such as Raukawa of iwi such as Ngāti Porou of iwi such as Ngāi Tahu and of course for the benefit of Aotearoa New Zealand. However I do have that opportunity this morning and firstly I acknowledge—as I have done—Raukawa.Treaty settlements are both challenging and rewarding and we know that as the previous speaker my parliamentary colleague the Hon Nanaia Mahuta has indicated they are as much about relationships past present and future as they are about a legal agreement between the Crown and the iwi themselves. In that regard can I acknowledge the Minister for Treaty of Waitangi Negotiations my friend and colleague the Hon Christopher Finlayson. He has tackled this portfolio with an absolutely unshakeable conviction of the importance of achieving these settlements and achieving them quickly but without compromising the sustainability of these settlements. His track record of work cannot be surpassed by anyone and that is a reflection not only of him but of his commitment to ensuring that we have a better stronger Aotearoa New Zealand. So the work that has been done on the Raukawa settlement those that have preceded it those that are in progress and those that are yet to come is a great tribute to that conviction that he carries every day in the work that he does.Similarly I would like to pay tribute to Tau Henare as chair of the Māori Affairs Committee for the gusto zest and vigour with which he tackles these challenges within the select committee. He is relentless in his passion in getting this work done.Can I extend that to all members of the Māori Affairs Committee all of whom on all sides of the House understand that they are carrying a responsibility on behalf of the Crown of New Zealand which sees no divisibility in terms of our particular political partisanship. This is how Treaty settlement work should be carried out because we are honouring the partnership that the Treaty of Waitangi or Te Tiriti o Waitangi reflects.That means that we do need to put aside our partisanship and focus on how we get the best and most durable and sustainable settlements possible in the interests of not only enhancing and strengthening those relationships and healing those that were broken in the past because of injustices in relation to the Treaty of Waitangi but also in terms of looking forward to a future that creates a stronger Aotearoa New Zealand. So I thank the members of the Māori Affairs Committee for that work. Some of them areunable to be here today because of Hine-Pūkohurangi who has made it impossible for our manurere to fly today.As I have indicated—indeed as both the Minister of Treaty of Waitangi Negotiations and the Hon Nanaia Mahuta have indicated—there are particularities that relate to the Raukawa settlement that must be dealt with within this settlement bill. We know that there are relationships given the geographic location of Raukawa that inevitably impinge on both expectations and relationships. These are sensitivities that must be worked with and worked through in order to ensure not only that we get a durable settlement for Raukawa in terms of this settlement bill but that we get durable and enduring relationships whakapapa relationships that are on the boundaries of Raukawa and therefore reach into the wider Waikato-Tainui Ngāti Korokī Kahukura Ngāti Maniapoto and others that Raukawa bounds and is bounded by.This is not an unusual feature obviously of the Treaty settlement map because all of us are not only physically co-located with each other but are whakapapa connected with each other. I was thinking of that in fact when the Hon Nanaia Mahuta was speaking because of course Nanaia is a tipuna who has particular whakapapa connections between Kahungunu and Ngāti Porou. Also of course we have very mobile iwi and over the future years we will see even greater connections between ourselves.Our Government is particularly invested in how we get these settlements so that we can get on into economic prosperity for all. Māori and iwi have demonstrated their capacity and capability for entrepreneurial activity for enterprise for business creation and for innovation. The lack of an economic base has hindered that development in a number of iwi. Raukawa has already demonstrated its extreme capability to look towards the future.I can remember many years ago sitting in the Ngāta Memorial College assembly hall as Professor Whatarangi Winiata came to talk about his vision for Whakatupurango Ruamano and of course we are well into Ruamano now. But even then—and I think this was in the late 1980s or early 1990s—he was talking about the importance of Te Reo as the platform or vehicle for language culture and identity that provides the context for economic drive for social prosperity for political participation and for growth in all of those dimensions.That kind of vision is something that he carried as a revered leader of Raukawa for the iwi map of Aotearoa New Zealand. Te Wānanga o Raukawa is another example of Raukawa’s vision for education and for their young people and not just for their young people but for the health and vitality and vibrancy and dynamism and strength of Raukawa in a fully rounded way. They have demonstrated that by ensuring that Raukawa has secondary tertiary qualifications that create the human capital base for realising the potential that this Treaty settlement will now give exponential heft and momentum and lift to.So I am delighted to be able to have the opportunity to be in the House this morning to speak to the speedy resolution of the Raukawa Claims Settlement Bill such that we can have a meeting of that investment in human capital and of course we would say: He aha te mea nui o te ao? He tangata he tangata he tangata. In more clinical terms we would talk about human capital. Regardless of the way we describe it Raukawa has already invested in their future continues to do so and now has the opportunity of strapping economic commercial and cultural redress to that to give lift to their aspirations for their own people and in so doing contribute to the strength of Aotearoa New Zealand. It is on all of those bases that I stand to support this bill in the House today. Nō reira kia ora tātou katoa.RINO TIRIKATENE (Labour—Te Tai Tonga): Tēnā koe Mr Assistant Speaker. Tēnā koutou Ngāti Raukawa kua tae mai nei ki roto i te Whare Pāremata nei tēnā koutou. Huri noa rau rangatira mā tēnā koutou tēnā tātou katoa.[Thank you Mr Assistant Speaker. Greetings to you collectively the tribe of Raukawa who have arrived here into this House of Parliament. Salutations to you collectively esteemed leaders of a hundredfold throughout and to us all.]I am delighted to speak in the second reading of the Raukawa Claims Settlement Bill. I wholeheartedly endorse and tautoko the sentiments of previous speakers—both the Hon Nanaia Mahuta and the Hon Hekia Parata. My colleague the Hon Nanaia Mahuta covered a lot of the aspects that were dealt with at the Māori Affairs Committee. We had a very enjoyable trip to Tokoroa where we heard the submissions. I was particularly impressed with the chief executive of Ngāti Raukawa Vanessa Eparaima and all of the people who were involved in that team to bring the bill to its current place here in the House. My colleague has dealt with a lot of the aspects in terms of the Waikeria lands the overlapping claims and the other such specific matters that were the subject of the submissions before the committee.What I would like to do is focus on the history of Ngāti Raukawa. I would like to make this the topic of my speech and I would like it to be recorded inHansard because every iwi that goes through a settlement has their own history and I think it is right that it be recorded. The history does form part of the historical account that is contained in the bill also. The iwi of Ngāti Raukawa are central to the story of the New Zealand Wars. We know that the Waikato-Tainui settlement took care of the raupatu aspects but these settlements particularly for Ngāti Raukawa encompass other aspects regarding their individual grievances and settlements. So Ngāti Raukawa were central to the New Zealand Wars and through genealogical links and the current social status of the day they were in the 1860s members of a land alliance opposed to the further sale of Māori land to the Crown and to land speculation.With other hapū of the Waikato-Tainui confederation Raukawa became followers of the Kīngitanga movement which led the land league movement. They fought bravely and with honour against the forces of General Cameron in Waikato in the Bay of Plenty and in their own tribal rohe at Ōrākau. They fought at Tauranga twice in 1864 and in 1867. Some survivors of the campaigns became so-called fugitives and went on the run with some joining small guerrilla-type bands of fighters. Having been forced into conflict with the invasion of Rangiaowhia Raukawa really had no choice but to try to defend their tribal lands. They became part of the raupatu. The land was confiscated because they were deemed to be rebels. Ngāti Raukawa came under further pressure when land that had once been locked up in the Kīngitanga land bank slowly started to be alienated. Once shady land dealers had got their mitts on land deeds it became a free-for-all. It became apparent that not all members and beneficiaries of hapū land received any recompense.Raupatu issues aside the tribe has two serious issues. In 1866 Ngāti Raukawa missed out on giving evidence in the Taupō-nui-a-Tia block because they were deemed as I mentioned to be in rebellion against the Crown. The ancestors Raukawa and Tuwharetoa were related and had many shared interests around the western and northern Lake Taupō region. It still rankles with the people of Raukawa today that they have no interest in this block when whakapapa clearly shows that they have.But by far the most egregious action against Ngāti Raukawa was the taking of land in the Pouakani block and the gifting of that to a hapū that had no association with the area. It was over in the Wairarapa within Kahungunu. That land became the incorporated township of Mangakino on the shores of Lake Maraetai on the Waikato River. Most of the township’s shareholders probably live in the Wairarapa—Featherston Carterton; far away places with no association to the Mangakino township itself. That is one of the country’s most poorly thought-out acts and we as members of Parliament and members of the Māori Affairs Committee through supporting the passage of this bill and other settlement bills have an opportunity to right the wrongs—some of the wrongs—that have been inflicted on these iwi.I do not want to prolong my contribution but I do acknowledge Ngāti Raukawa and the long and arduous journey they have been on to get to this point. I am looking forward to passing the bill through the final stages of the House. We are a very busy committee as the Hon Hekia Parata noted. We have as a committee a significant amount of legislation under consideration. Yesterday we were up in Tūhoe; the day before we were up in Tauranga. We have as a committee a lot of work on our plate but I can assure everyone—members and all the good people out there in Aotearoa—that it is very rewarding work and we really enjoy doing it. We know that when we see the looks on the faces of the kaumātua and the kuia particularly at the final third readings it is one of the most rewarding aspects of being a member of this House.So in closing I would like to acknowledge the Minister for Treaty of Waitangi Negotiations and his team and all the good work that they have been doing in loading us up with plenty of mahi to do. We are ready for more. I am sure there is more in the pipeline.Hon Christopher Finlayson: There’s a Hiku bill coming.RINO TIRIKATENE: Te Hiku up in the far north—we are looking forward to that. But today is aboutNgāti Raukawa. Itautoko this bill and I look forward to its third reading and its eventual passing. Kia oraanō tātou.DENISE ROCHE (Green): Tēnā koe Mr Assistant Speaker. Tēnā koutou e te Whare. E ngā mana e ngā reo e ngā rangatira mā tēnā koutou tēnā koutou tēnā koutou katoa. Ngā rangatira o Raukawa nei tēnā koutou.[Thank you Mr Assistant Speaker. Greetings to you collectively the House. To the authorities languages and esteemed leaders salutations and acknowledgements to you all. To you esteemed leaders of Raukawa gathered here greetings to you collectively.]I recognise that the fog has not only left us bereft of the presence of the wonderful Tau Henare the chair of the Māori Affairs Committee but I think it may have delayed some of Raukawa as well. I am sure there are lots of people watching this at home and I acknowledge you as well.In my first speech on this bill the Raukawa Claims Settlement Bill I said that I thought it was a privilege to speak here and I maintain that position. I am fully aware that the passing of this settlement bill into law is a momentous occasion and it has taken enormous persistence and sheer hard work to get to this point. I acknowledge in the gallery today Chris McKenzie one of the lead negotiators.I also feel that to speak on this bill is a privilege because I am Raukawa Ngāti Huri from Pikitū Marae. I want to personally acknowledge Ruthana Begbie in her role as one of the claimants and as a kuia of Pikitū. In my first speech I also acknowledged the passing of kaumātua GeorgeRangitūtia who signed the settlement deed from his hospital bed. I want to acknowledge those kaumātua and kuia who are no longer with us who have helped create a settlement that will give Raukawa an economic base for future generations.At Waitangi a couple of weeks ago kaumātua Maanu Paul from the Māori Council said in his kaikōrero as he welcomed us again to Te Tii Marae that there is a concern that with the Treaty process we will set Māori against Māori pitting Māori against Māori. Raukawa know this feeling too well. In the bill it outlines one of the grievances that the Crown apologises for the alienation of thePouakani Block in 1915—nearly 100 years ago—when the Crown gifted 20000 acres to an iwi with no ancestral ties inthe area. We heard in the first reading of this bill that the honourable Meka Whaitiri has whakapapa to that iwi as does our own co-leader Metiria Turei.I want to acknowledge that this is only the second time that I have travelled with the Māori Affairs Committee to hear submissions on a Treaty bill and I do feel that it was a privilege to have the opportunity to go to Tokoroa to hear the submissions from submitters in their own voices. I believe that there is a clearer understanding of issues when in the rohe of the tangata whenua and it is also good to hear the submitters who oppose the settlement because understanding is always clearer when it iskanohi ki te kanohi.It is clear from the evidence presented that Raukawa have worked hard to maintain relationships with the iwi that are all around them—Ngāti Hauā Ngāti Maniapoto Te Arawa Ngāti Korokī Kahukura and Tūwharetoa in the south. During the submissions I was very heartened to hear that one of the guiding principles for Raukawa has been to not settle their own grievance by creating more grievances. I have also heard that from the Chair of the Raukawa Settlement Trust VanessaEparaima. She said the same thing during her speech at the signing of the settlement deed in June the year before last atAotearoa Marae. I thinkManiapoto were on the pae then too.I have also read the submissions that Raukawa have made in support of the Ngāti Koroki Kahukura Claims Settlement Bill with similar statements. Again that was stated by Raukawa in their submission supporting the Ngāti Hauā Claims Settlement Bill. We did also see in the evidence the memorandum of understanding that was developed some years ago between Ngāti Korokī Kahukura and Raukawa.Raukawa have also worked collaboratively with other iwi on previous settlements including around the Waikato River and the central North Island forestry settlements. So it is obvious to me that Raukawa are genuine in their desire to settle their own grievance and not negatively impact on other iwi. Having said that there are some overlapping interests and we heard about them during the submission processes. I am pleased that the Hon Nanaia Mahuta has put it on record how we see those overlapping associations and interests playing out.Overlapping interests and associations include the Waikeria Prison land with Maniapoto. I note that there is the potential for the two iwi to develop joint ventures around this land. I also note that there are restrictions on Raukawa exercising first right of refusal. They cannot purchase unless they have consent from Maniapoto. The select committee report outlines that Maniapoto’s interests are protected.We heard from the Te Arawa River Iwi Trust about the overlapping interests in LakeŌhākuri. It has been clarified and will be clarified in the bill that Raukawa’s statement of association includes only the part of the lake that is within theTātua West Block.We also heard from Ngāti Korokī Kahukura who were concerned that they may have been inadvertently included in the claimant definition of the settlement bill and wanted explicit exclusion about the overlapping areas of interest.The report back to the House by the Māori Affairs Committee also clarifies that Ngāti Korokī Kahukura’s area of interest is explicit in their own settlement. It is explicit in their own deed. I note that Raukawa’s claim over where they have stated association areas or interests does not give Raukawa mana whenua status in areas that are clearly Ngāti Korokī Kahukura’s.I also need to make the political point that some of that unease that the Greens feel about these raupatu settlements as full and final is because it is the Crown that dictates who it will and will not negotiate with. If we look at the historical account of this settlement and the battle to be recognised as an iwi to be recognised by the Crown was indeed a struggle for Raukawa. That was resolved only at the end of last century so Raukawa know better than many the grievance that is felt from that.The fact remains though that while the Crown decides who it will and will not recognise there may be hapū or iwi left out of settlements. So our concern is that there may be some whom the Crown will refuse to negotiate with because it will choose the winners and determine who will be the losers. Fundamentally this does little to ensure the partnership between ngā iwi Māori and the Crown as was envisaged by Te Tiriti o Waitangi.The Greens also maintain that we do not see these Treaty settlements as full and final settlements. What is lost is far greater than what is gained and I think that is clear from the historical account in the bill. Thank you Mr Tirikatene for outlining some of that. Having said all this I recognise that Raukawa have worked within the limitations dictated by the Crown over a very long period of time for this settlement and that the passing of this bill is to be celebrated. Certainly it gives Raukawa more of an economic base and the independence to utilise the incredible entrepreneurial skill in the iwi to raise the standard of living for our people. I know that Raukawa are already working innovatively and are trialling youth services for example that could be potentially rolled out throughout the country.Today is a day to celebrate the passing of the second reading of the Raukawa Claims Settlement Bill. The Greens will be supporting it. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.Hon CHRIS TREMAIN (National—Napier): Tēnā koe e Te Mana Whakahaere ā tēnā koutou. Tihei mauri ora! Whāia te pae tawhiti kia tata whakamaua kia ū kia tīnā. Tēnā koutou. Ki te Whare e tū nei tēnā koe. Ki ngā hoa Pāremata tēnā koutou. Ki Ngāti Raukawa tēnā koutou. Haere mai nau mai ki te Whare Pāremata. Tēnā koutou tēnā koutou tēnā tātou katoa.[Thank you Mr Assistant Speaker and greetings to you collectively. Behold the breath of life! Seek the distant horizon draw it near grasp and hold on to it firmly. Greetings to you. To the House that stands before me I salute you. To parliamentary colleagues I greet you. To the tribe of Raukawa I acknowledge you. Welcome to Parliament House welcome. Greetings acknowledgements to you collectively and to us all.]Kia ora. Good morning. It is a huge privilege to be one of the speakers in the history of the settlement process. Although I do not pretend to be one of those who have led the charge in this area if we look at the history of settlement claims from both sides of the House there have been men and women here who have worked to bring settlements to a head.Today I would like to acknowledge the members of the Māori Affairs Committee led by Tau Henare who cannot be here. They are obviously stuck in fog as other members of the House have alluded to. The committee has worked collaboratively across the House to bring these settlements and this second reading of the Raukawa Claims Settlement Bill to the House.Can I acknowledge Minister Finlayson the Minister for Treaty of Waitangi Negotiations who has worked tirelessly as Minister Parata pointed out to bring many settlements to fruition. For those who are interested there have been 68 Treaty settlements across New Zealand. Of those 42 have come to fruition since 2008. We are well over halfway through the Treaty settlement process which is indeed a milestone. If I reflect on the mihi that I used at the start of my whaikōrero this morning it talked about reaching for the big goals the stars and going after our dreams. I think that certainly one of the dreams that not only Māori but many New Zealanders now have is that we can progress through these Treaty settlements get through to the end of them and look to the future.If I talk to many of my constituents there have been concerns historically about the time frame it has taken and concerns about the cost of it. But when you actually reflect on what it is now achieving it is well worth the process well worth the time and well worth the investment of the Crown in these settlements.In regard to Raukawa at this second reading as in each of the bills that have come before the House there are different idiosyncrasies or different situations that have arisen in how each of the iwi or hapū have arrived at the settlement process. In regard to Raukawa they are here with this process because they became landless. That lack of land and resources undermined their ability to form an economic base and to be part of the economy. And actually that is really really important because when you are not part of the economy—if you are not in work if you do not have businesses—it is really difficult to see a future. Having that ladder—having your people in business I guess and in jobs—provides aspiration and a strong future. So I think these settlements are the foundation to providing the economic base that is so necessary to providing that aspiration and that future for so many New Zealanders and in this case Raukawa.The redress in Raukawa’s situation includes an apology for the actions that arose through the land wars throughout that period. The Crown acknowledges this and profoundly regrets and unreservedly apologises to Raukawa for its actions. It apologises and regrets its actions during the New Zealand land wars of the 1860s and it apologises for its past failures.Of course there is some commercial redress that goes hand in hand with this. Raukawa will receive approximately $52 million. It is interesting to reflect on that because some constituents of mine always look at the number—the dollar figure—and say: “Oh it’s been millions it’s been hundreds of millions—it’s been billions.” Well in fact it has not been that large. If you think about the total appropriations of the New Zealand Government on an annual basis it is somewhere around $78 billion to $80 billion which is pretty significant. But if we add up the total that we have spent on Treaty settlements to date it is above the envelope but it is only about $1.4 billion to $1.5 billion. In the greater scheme of things it is not a significant appropriation but it is certainly one of the best investments we can make.In this case $52 million is going to Raukawa. I note that it also includes the opportunity to purchase part of the Pureora North Crown licensed land. If I understand it correctly Pureora Forest is obviously below Tokoroa which is where the rohe of Raukawa exists but for those who are interested Pureora is now the start of one of the great New Zealand cycle trails. Just before Christmas I decided to take my son and do the trail. For a few days before Christmas we cycled an 84-kilometre trail from Pureora and down south through the old timber trails there. If anyone who is listening is into cycling I have got to say that that was one magic ride. I am not sure what opportunities will come for Raukawa with that particular land. Maybe it is forestry but I think that they could get into the tourism around the cycle trail. We stayed with one lady in the Blackfern Lodge. There are some members on different sides of the House who have said that the cycle trails would never be successful. Well this particular lady used to have 450 bed nights per year and she now has over 3000 bed nights a year as a result of the trail. So those are the opportunities that come from tourism and investment.There are other opportunities for Raukawa here such as the 25 Crown-owned properties that they will have the opportunity to purchase in and around their rohe there. Raukawa will have the first right of refusal for a period of 172 years on a further 36 Crown properties.In addition there is some cultural redress. There is a cultural fund of $3 million a pouwhenua fund of some $50000 where pou can be built and established around the rohe on sites of cultural significance which I think is an excellent thing to do.So ladies and gentlemen it is a privilege to stand and be part of the history of these Treaty settlements. I am looking forward to speaking on the Maungaharuru-Tangitū Hapū Claims Settlement Bill which comes up next which is from my own rohe of Heretaunga of Hawke’s Bay. Yes it is a privilege to speak on these historic Treaty settlements and I wish Raukawa all the best as this bill progresses through to the third reading and to final settlement. Thank you.MEKA WHAITIRI (Labour—Ikaroa-Rāwhiti): Tēnā koe Mr Assistant Speaker. E te iwi Ngāti Raukawa ā tēnā koutou. Nau mai nau mai hara mai.[To the people of Ngāti Raukawa greetings to you collectively. Welcome welcome welcome.]It gives me an absolute privilege and honour to stand in support of the Raukawa Claims Settlement Bill at its second reading and to join with colleagues in this House in doing so. It feels like this week is Treaty settlement on speed dial with this being our second one today and with our third one to come following this. As a new member of the Māori Affairs Committee it definitely requires one to have their skates on when dealing with the Treaty bills. But can I say that it is an absolute honour to be part of that select committee and I want to acknowledge all members for the commitment in what they do in bringing these very important settlement bills to the House. In my experience when settling historical Treaty claims a couple of things come to mind. One is the assertion of iwi in terms of their mana in their own rohe and the settlement process also allows us to tell their story. So if I could beg the indulgence of the House I would like to do exactly that.Ngāti Raukawa derive their identity from their eponymous ancestor Raukawa who descends from theTainui waka through his father Tūrongo a descendant of Hoturoa. Through his motherMāhinaarangi Raukawa also descends from theTākitimu waka and Tamatea Ariki-nui. In terms of relationships you always remind yourself of how you relate to others and so I mihi to Māhinaarangi an ancestor of Ngāti Kahungunu. The Raukawa rohe is described in a tauparapara used by Raukawa kaumātua. The district of Raukawa is from Te Wairere Horohoro and Pōhaturoa and at Ongaroto is the house of the ancestor Whaitā. From Nukuhau to Taupō-nui-a-Tia to Hurakia on the Hauhungaroa range from Titiraupenga mountain the horizon is the boundary of the district of Raukawa. To the mountain Wharepūhunga and the marae of Arowhena. To the ranges of Whakamarumaru the view extends to the region of Te Kaokaoroa-o-Pātetere to Maungatautari. The view extends beyond Wharepūhunga to the ancestor Hoturoa to the marae at Pararewa.The Crown recognises the mandate of Raukawa negotiators in September 2008 and I do particularly want to acknowledge the chairperson of the Raukawa Trust Board Vanessa Eparaima for her leadership and her guidance in getting us to this point in the process. I want to acknowledge also that we have Chris McKenzie in the gallery here in the House. I mihi to you Chris for the mahi and to all the Raukawa whānau hapū and iwi for the work that you have done. Like I said in my previous call it is not an easy undertaking. There are a lot of compromises. It is often done with a lot of humility and a lot of grace and so I mihi to you and also clearly the Minister for Treaty of Waitangi Negotiations. I was listening to the previous speaker Mr Tremain a fellow Hawke’s Bay-ite talking about the speed the Hon Chris Finlayson has applied to the role of Minister for Treaty of Waitangi Negotiations and I do want to acknowledge Mr Finlayson for that.Turning to the historic background to the claims of Raukawa I acknowledge that they suffered much from the wars of that time. Of course like many they lost a lot of land. I too joined the Māori Affairs Committee in its hearings in Tokoroa and was pleased to see the number and range of submitters who appeared before the selectcommittee. We had a number of interested groups in support clearly and with some mentions also of how the bill could be improved. We had submissions from for example the Te Arawa River Iwi trust Ngāti Paretekawa Ruthana Begbie a wonderful kuia from Tokoroa. We also had submissions from a neighbouring iwi of Raukawa Ngāti Korokī Kahukura Trust.One of the submissions I do want to just highlight—because I absolutely believe that that is the way the country is going to be moving in terms of local and regional relationships—was the submission done by the mayor of—Hon Christopher Finlayson: South Waikato.MEKA WHAITIRI: Yes the name escapes me at the moment.Hon Christopher Finlayson: Neil Sinclair.MEKA WHAITIRI: That is right Mr Finlayson—Neil Sinclair. What I enjoyed from his submission to the select committee was the ongoing relationship with Raukawa in terms of what is pending in terms of the settlement. I enjoyed the fact that he spoke not only highly in support of the bill but on the issue around maintaining relationships and the opportunities that a settlement such as the Ngāti Raukawa one will bring to the community in his area. I do not want to go on much more in terms of the detail of the bill but I do want to acknowledge the work that people have done to bring it here and to support it in its second reading. I too look forward to its third and final reading. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.TIM MACINDOE (National—Hamilton West): Tēnā koe e te Mana Whakawā kia ora e te Whare tēnā koutou e te iwi ngā mihi nui ki a koutou. For reasons that others have explained and largely revolving around the lingering fog at Wellington Airport—of course fog is a meteorological condition with which we in the Waikato are totally unfamiliar—I find myself here rather unexpectedly. We have not had much fog in recent times I have to say. For those reasons I am rather unexpectedly taking a call. Nevertheless as a Waikato member of Parliament albeit from the western side of Kirikiriroa I am particularly pleased to be able to support this Raukawa Claims Settlement Bill which is of such significance and interest throughout the wider Waikato region.Other speakers this morning have already traversed the background to the Raukawa Claims Settlement Bill and the considerable work that has been undertaken by all parties in bringing this bill to its second reading today. That is in itself a matter to welcome warmly. Could I as other speakers have done acknowledge very sincerely the outstanding leadership and work of the Hon Christopher Finlayson the Minister for Treaty of Waitangi Negotiations who has been doing an outstanding job in that role for more than 5 years now. It is worth pointing out that under his stewardship we have signed 42 deeds of settlement. Minister I congratulate you on that and thank you for the huge work you have been doing in this area.The Raukawa grievances include the Waikato and Tauranga wars of the 1860s and the confiscation of Raukawa land following that conflict. The introduction and implementation of native land laws that facilitated the alienation of Raukawa land and the Crown’s failure to ensure that Raukawa had adequate lands to ensure for its present and future needs contributed to the considerable economic social and cultural detriment of Raukawa. That is at the heart of the process that we have been undertaking and the major basis of the Crown’s apology.I believe that the settlements process in New Zealand is now being seen for the considerable benefits that it can convey. As others have mentioned some people around the country have been dubious about them. There have been some cynical comments but now as we see in my own area of Waikato where the Tainui settlement was of course the historic trendsetter—that Tainui settlement of nearly 20 years now is havinga huge and enduring impact for the good throughout the Tainui region. It is a model that others have followed and that we are seeing unlock iwi economic potential and boost regional and provincial areas. In keeping with our priority as a Government to build a more productive and competitive economy it is absolutely part and parcel that we want to ensure that iwi are in a position to be a leading part of that process.I also want to acknowledge as others have done the inimitable style and leadership of the Hon Tau Henare in his chairing of the Māori Affairs Committee and the contributions of all members of that select committee who have done very good work.This second reading debate represents another significant step on another important journey. The process has been a long and often arduous one. It is in everyone’s interest for the destination to be reached and I look forward to the day when that occurs for Raukawa. I thank all speakers for their contributions to this debate and especially all who have been a part of this important Treaty settlement negotiation. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.LOUISA WALL (Labour—Manurewa):E ngā mana e ngā reo rau rangatira mā nga whānau o Raukawa.Tēnā koutou tēnā koutou tēnā tātou katoa. I specifically want to mihi to Chris McKenzie who is here in the House. He has led the Raukawa claim as their chief negotiator for many years now. In fact when I went on to the Raukawa website I was really impressed to read your pānui. In fact dating back to 2011 Raukawa had comprehensive claims hui right round the rohe of Raukawa. From my perspective the inclusive and transparent way that you have led this Treaty settlement process needs to be acknowledged. I want to acknowledge the Minister Chris Finlayson and congratulate him on the wonderful work that he is doing to enable these settlement processes to happen in a timely manner. I also want to mihi to Tau Henare in his absence to Nanaia Mahuta and to other members of the Māori Affairs Committee and in fact everybody across the House. This is the one area where we have consensus where we are all working together to ensure that ourwhānau hapū iwi can move on positively into the future. So this area of Treaty settlements is one where we have consensus about what is best for the nation.What I want to highlight are just a couple of things. Firstly I do want to acknowledge Wally Papa and others because I did have a look at that Wai 443 claim. Wally was the initial claimant and I think that we should always remember where processes begin. So I want to acknowledge Wally and the whānau for I guess beginning the kaupapa that the Raukawa Trust Board and the Raukawa Settlement Trust have continued.I want to acknowledge that the deed of settlement that has now been translated into this piece of legislation had 93 percent support from Raukawa beneficiaries. I think that we should acknowledge that. Also the trust board was mandated by the 16 marae and the Raukawa Settlement Trust comprises representatives of those 16 marae plus 10 hapū representatives. So what we have seen is a very inclusive process as I said before that has enabled I guess the smooth passage of the Raukawa Claims Settlement Bill and the deed of settlement through the rohe of Raukawa. What I have been particularly impressed about and it was really in a submission by Kataraina Hodge was the fact that throughout this process she wanted to provide some context in respect of our whakawhanaunga within our iwi. So the bill itself was carefully crafted to ensure that our whanaungatanga was maintained. I want to acknowledge throughout this process that rangimārie feeling. The ability for everybody within Raukawa to participate needs to be highlighted.What I also want to highlight is that the Raukawa Charitable Trust is one of the largest iwi health providers in the south Waikato. The Raukawa Charitable Trust whānau have been participating positively within their community. They have thecapacity to deliver health services. From reading their website I see they have got a huge focus on kaumātua health whānau health the retention of their reo. So this iwi group has not waited for this Treaty settlement process to get on with the mahi. I think what this settlement process will do is enhance the mahi that they are already doing. I think we need to acknowledge the fact that this iwi grouping actually has been able to develop their capacity to develop their capability to deliver services not only for their people but also for the people of the south Waikato. So I want to acknowledge and thank them for the work they are doing.When I read the Treaty settlements legislation I am always really interested in the statutory acknowledgments. For me that statutory acknowledgment is acknowledging the status that our iwi groups have as mana whenua of Aotearoa. It is a status that no other group has. So it is not about us being an ethnic group or another racial group within Aotearoa New Zealand; it is actually recognising the special relationship that we have. So the statutory acknowledgments within this particular settlement acknowledges the relationship that Raukawa has with aspects of the Waikato River and its tributaries to lakes to geothermal sites—for example part of the Kaimai Mamaku Conservation Park the Pātetere Scenic Reservethe Arapuni Scenic Reserve the Kaahu Scenic Reserve. I am mentioning these names because I think the significance of that statutory acknowledgment actually creates the opportunity for the relationship that both central and local government will have to develop with Raukawa. It will be about how we manage those sites the consents that will happen over those sites. For me it means that Raukawa in this instance will continue to have a formal decision-making responsibility for those sites into the future. For me that is the most significant aspect because for ever the footprint of Raukawa will be felt throughout the south Waikato.I also note that there will be naming rights for certain sites that Raukawa will have which mean that we will maintain that footprint. The tupuna for Raukawa will for ever in our history be acknowledged. So I am really pleased to support this bill. I am really pleased to be a member of Parliament who has an opportunity to participate in these Treaty settlement processes. I am no longer on the Māori Affairs Committee. It was a committee that I was very honoured and privileged to be a member of. I again just want to thank my colleagues for the way in which they conduct the business of the House. I want to thank our hapū and iwi groups for the way in which you have conducted yourselves. And as always I want to acknowledge the generosity in this instance of Raukawa to enable us to get to this point in time. I look forward to both the Committee stage and third reading of this bill so that we can make a piece of legislation that will reinforce the deed of settlement that Raukawa has created.Nō reira tēnā koutou tēnā koutou tēnā tātou katoa.Bill read a second time.Maungaharuru-Tangitū Hapū Claims Settlement BillSecond ReadingHon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I moveThat the Maungaharuru-Tangitū Hapū Claims Settlement Bill be now read a second time. As with other bills this is very much the culmination of a tremendous amount of work over many years. I particularly want to recognise Bevan Taylor and Tānia Hopmans two people for whom I have enormous personal and professional regard for the way they have worked on this matter for many many years.The bill has had a very rapid passage. I signed the deed on behalf of the Crown on Saturday 25 May 2013. I was really pleased that my colleagues Craig Foss and Chris Tremain were also there representing the Crown and Parliament. The bill was thenintroduced and referred to the Māori Affairs Committee after its first reading on 31 July 2013. Notwithstanding the extraordinarily huge amount of work that the committee had during last year it reported back to the House on 18 December 2013. So when viewers are watching and they may think that we say all these nice things about Mr Henare and the Māori Affairs Committee let us bear in mind that last year this committee not only dealt with this legislation but also dealt with the huge Te Tau Ihu Claims Settlement Bill which we have just read a second time today and the Raukawa Claims Settlement Bill which we have just dealt with. It has been working on the Tāmaki Collective bill the Tūhoe bill the Ngāti Korokī Kahukura bill and many others. As people say these bills give rise to a number of submissions and they have to be dealt with very carefully indeed. So I do really just say on behalf of all of us that when we thank the Māori Affairs Committee we mean it. It has done a very very good job.As it turns out there were a number of submissions on this bill but at the end of the day there are very minor changes indeed. They are of a technical nature and they are referred to in the committee’s report. I am very pleased that that is the case.I heard someone say something about the importance of Crown acknowledgments in the Raukawa bill. Actually it was a very good point and I just thought I would spend a little bit of time on it because the acknowledgments that are contained in clause 8 of the Maungaharuru bill are actually very important indeed. They are certainly not pro forma acknowledgments that are sort of drafted in a few minutes. They are the result of very careful discussion with iwi over an extended period. I can say about one bill—which I will not obviously refer to by name—that there has been lengthy and sometimes very heated discussion about what is and what is not appropriate to include in an acknowledgment. So I just want to assure the House that such acknowledgments are very carefully thought out. They are the result as I say of a lot of discussion and a lot of careful analysis particularly by historians on behalf of the Crown. The decisions are not made lightly and they are a very important part of the legislation. Getting the history right setting out the acknowledgments of what went wrong and then the apology are in fact very important parts of a bill which I think are often overlooked.Several people from Raukawa texted me this morning to say that they were sorry they could not get to town because of the fog but they were glued to their television sets. I went back to them—you are allowed to text in the House are you not—and said that it was fine and that it is the third reading where all the really lengthy speeches are given so they were not to trouble themselves. I acknowledge Vanessa Eparaima who is probably still beaming in even though we are no longer dealing with her bill. I do thank Maungaharuru-Tangitū for all the tremendous work they have done. I very much look forward to welcoming them to the House for the third reading and for a function afterwards because they have certainly done an enormous amount of work to reach this stage and I have so enjoyed working with them. I commend the bill to the House.MEKA WHAITIRI (Labour—Ikaroa-Rāwhiti): Tēnā koe Mr Speaker. Tēnā tātou katoa ngā mema o te Whare nei. It is an absolute privilege to again rise in support of the second reading of the Maungaharuru-Tangitū Hapū Claims Settlement Bill. I too want to acknowledge the whānau who have not been able to make it from Napier because of the closure of the airport. Quite rightly like the Hon Chris Finlayson said this is really a part of the process. The critical part is the third reading. I do just want to say to those who could not make it due to fog that I know you are here in spirit and despite your absence from here I know your excitement at the thought that we are almost at the end of this journey. I do want to acknowledge that.I was fortunate to be on the Māori Affairs Committee in Napier. We were talking about the speed with which the Māori Affairs Committee is working in terms of dealing with these bills and can I say that at the hearing we had at Napier the Māori AffairsCommittee was split. We had half in one area and the other half in Napier. I want to acknowledge the honourable Te Ururoa Flavell who chaired the Māori Affairs Committee in Napier and to share with the House that we had many submissions. The fact that the honourable Minister Finlayson has just commended the bill shows that the submissions were not of any major concern. But I do want to acknowledge those in Napier and around Hawke’s Bay who came to submit to this bill and to strengthen it for what it has become.There was one thing I did pick up in the submissions in Napier. We talk about the relationships that are critical for Treaty settlements not just between iwi and the Crown but obviously iwi with iwi and hapū with hapū. In the submissions of the early submitters to the Napier hearings there were concerns around certain hapū missing out and not being reflected in this bill. I have got to say that for the short 7 or so months—not even 7 months—since I have been a member of the Māori Affairs Committee that seems to be a common thread coming through: where hapū or iwi are in a claim out of a claim or in nowhere claim. We heard that through the Manungaharuru-Tangitū but I do want to acknowledge Tānia Hopmans Uncle Bevan Taylor from Tāngoio and Petane Marae who were able to take the concerns raised at the submissions and report back to the select committee.Treaty claims are a very complex and convoluted area and only when you know the history of not just that particular claim but previous claims and the previous injustices does the whole picture unfold itself. Clearly it was important to have the opportunity to sit with Tānia to explain the concerns of Ngāi Tahu—and not Ngāi Tahu from the South Island but the hapū of Ngāi Tahu from the Nūhaka-Mōhaka area of the Hawke’s Bay who clearly were one of those hapū who felt left out. They were not reflected in the Ngāti Pāhauwera settlement and clearly did not see themselves in the Manungaharuru-Tangitū Claims Settlement Bill. But I was assured having shared a flight back with Tānia that that actually was not the case. Again it just goes to my point around what processes we allow for people who feel that they are not adequately reflected or whose interests or beneficial interests are not reflected in Treaty settlements.The issue for me having heard those submissions was to do with knowing that the whakapapa and the genealogical links can go back many many generations. I recall from both my colleagues the Hon Nanaia Mahuta and our able chair Mr Tau Henare that the role of the Māori Affairs Committee is not to determine whakapapa. It is not to determine whose whakapapa is more correct than the others and I think I have used that—it has been a very good point made several times—as a member of the Māori Affairs Committee. This message is not just to the House but clearly to those whose Treaty settlements have not been heard in order to reflect that it is not and should never ever be the role of the Crown to determine whose whakapapa should and should not be included.Again that goes to my point around getting to those points where there are very passionate people when it comes to whakapapa and your mana whenua over areas but for me it is around creating a process for that to happen and where it should rightly sit and that is with the whānau the hapū and the iwi. But often for members of the Māori Affairs Committee it feels sometimes that people who are putting up their cases to be included are looking for some sort of adjudication by the Māori Affairs Committee so I am proud to be associated with a committee that draws the line that that is not the role of the committee. As I said coming back to this particular bill—and subsequent ones that the Hon Chris Finlayson has acknowledged—that seems to be a recurring issue.I really did not want to take too much more time of the House. Clearly the report that was produced by the select committee with very very minor details has been presented. I do too join with others in the House and look forward to the third reading of theManungaharuru-Tangitū Hapū Claims Settlement Bill. I am really confident and clear that the passing of this bill added to the Ngāti Pāhauwera Treaty Claims Settlement Act with the other four large natural groupings of the Ngāti Kahungunu iwi collective settlements is going to do some amazing things for the region of Hawke’s Bay from Paritū all the way down to Turakirae in the Wairarapa. It is with those closing words that I again support the second reading of the Manungaharuru-Tangitū Hapū Claims Settlement Bill. I wish them well and look forward to them all joining us in the third reading. Nō reira tēnā tātou katoa.Hon PAULA BENNETT (Minister for Social Development): It is with pleasure actually that I get to stand up and speak to the Maungaharuru-Tangitū Hapū Claims Settlement Bill. I am standing up on behalf of my colleague Tau Henare who could not get here today—and I know he is incredibly disappointed—due to the fog that has kept him in Auckland I think. I am kind of pleased that the honourable Minister Chris Finlayson has gone because I wanted to say one thing nice about him and I do not like doing it when he is sitting next to me. He has done a great job in pulling this work together. I know that the Māori Affairs Committee has put a lot of work in but I think it is the hapū who get the best recognition for the work that they have done.Because I am unlikely to speak on this bill in the third reading I am going to take 2 minutes and perhaps speak differently to the second reading than would normally happen. I had to get myself up to speed with the details in a relatively short time this morning stepping in for someone else. I actually lived at Lake Tūtira for about 2 years in the early 1990s which was an interesting time in my life and fell in love with the area. It was an important part of my life. Reading the historical background to the claims that have been made here and just acknowledging the grievance and the history it is just kind of staggering.It is staggering to think of Māori and the hapū in the mid-1800s going out there in good faith and wanting to seek settlement and seek a peaceful settlement for the wars that were going on at that time. When you read about how they were actually involved in a peaceful end to their involvement in the New Zealand Wars but were attacked in October 1866 which ultimately led to 23 Māori being killed and some hapū individuals being among the 86 prisoners who were exiled to the Chatham Islands where they were detained without trial for nearly 2 years it is staggering to think of the effect that must have had on the whole hapū on all of the whānau—those who were left behind those who had to go there and those who were going through that death.I am just so pleased and I hope that this bill puts the Crown’s apology in place that it actually means that they get recognition financially and that it helps them now gather that strength that they already have to actually see progress happen. So I wish them all very well in this settlement. I hope the third reading comes along quickly so that we can move on with it and I congratulate all those who have worked so hard to get them to the place where we are at today.Hon NANAIA MAHUTA (Labour—Hauraki-Waikato): I stand as a member of the Māori Affairs Committee who did not hear submissions on this particular bill the Maungaharuru-Tangitū Hapū Claims Settlement Bill but I want to acknowledge the amount of hard work and effort that has gone into compiling the deed of settlement which was signed last year. In fact the agreement was reached in May last year. So people can see that the progress from the deed of settlement to legislation through the select committee process has been quite swift. That is the first point.Acknowledgment has to be given to Minister Finlayson the Minister for Treaty of Waitangi Negotiations for progressing Treaty settlements where there is a sense of urgency from iwi to get things done—more so in an election year—to give certainty interms of their ability to take their interests forward. Parliament surely has played its part in supporting the Minister in that ambition.This is one of the types of bills where you would look to the schedules to get a real feel for what it is all about. You will notice in all parts of the schedules with the exception of schedule 6 the description of properties that are being returned to the Mangaharuru-Tangitū hapū. And when you go through the schedules you see that there are lakes streams and conservation bits of land and recreation reserves and scenic reserves—all component parts of this settlement. It gives you a flavour then of what it is that these people value the most. What is it that they value the most? Obviously your local connection to your lands and boundaries form a very important part of how you see yourselves continuing to play a constructive role in your community. But they also give a sense of what identity means and what whakapapa links exist for these people within this area.Lake Tūtira as was referred to by the previous speaker Paula Bennett is a beautiful place. When I was on the campaign trail with Meka Whaitiri the local candidate for this rohe she took me past Lake Tūtira and told me some very nice personal stories about the area. But you only needed to look at the place to think “Wow this is a great place to come and stay.” It is relatively untouched. It still has the natural preservation of the beauty that we all know and love—the New Zealand that we want to preserve—and now overshadowed on that there is the opportunity for the local tangata whenua to be able to be active protectors—kaitiaki if you like—of that area.I want to acknowledge the work that has gone in to ensuring that the most precious parts of the natural heritage—the lands the reserves the lakes and the streams—are included in this settlement and also that there is an active management instrument tool if you like within this bill to give the people of Mangaharuru-Tangitū a role in how these lands are cared for. There is commercial redress which is a component of every settlement but I do not get the feeling that that is the overriding objective of this settlement. There are statutory acknowledgments and deeds of recognition that make up the component parts of this settlement as well.Can I step back from the particulars and just make this comment with regard to how Ngāti Kahungunu as an iwi has approached its Treaty settlement process. The Māori Affairs Committee is often challenged with the internal divisions of hapū within iwi collectives who may feel either disenfranchised from the process or totally disregarded. The way in which Ngāti Kahungunu has approached its Treaty settlement process for the land settlements is somewhat different from that of other iwi. They have enabled pockets of Ngāti Kahungunu to settle their comprehensive claims within their rohe as a unique collective. If other iwi want to take the learnings from the whole evolution of the Treaty settlement process I think Ngāti Kahungunu has approached this in a way given its land mass and its territory that preserves the integrity of clusters of hapū that have distinct interests in an area and that does not take away from the centre from the common identity of the iwi.Again this is one thing that I think Ngāti Kahungunu has contributed to the settlement space. They collectively advocated for their fisheries interests as an iwi and they enabled hapū for their land and historical Treaty settlements to continue as unique identifiable clusters of hapū. I commend them for that because what happens as a result of that is you get Ngāti Pāhauwera and you get Mangaharuru-Tangitū being able to argue for the way that they want to approach their unique interests in their rohe and administer those interests.There is one issue that came up that I think I could comment on and it did come up in a previous settlement under the Ngāti Kahungunu cluster which was in regard to Ngāti Pāhauwera. There were people of Ngāti Pāhauwera who felt that they had someoverlapping interests in this bill which is currently being considered by the House. In my understanding—and certainly from my reading of the submissions and getting feedback from the members who were at the select committee hearings—that although it is acknowledged that there are overlapping interests here it is not an exclusionary benefit to just the people of Mangaharuru-Tangitū. So for example if someone with connections to Ngāti Pāhauwera had equally strong affiliations and connections and interests in this bill they would not be prejudiced or cut off from being able to exercise an interest in this space. I felt it was important to mention that because it was one of the areas where the select committee had to consider the extent to which this bill took account of some very real practical issues in the area.I do not want to take too long on this bill. The substance of the issues will be dealt with in the third reading. There were no significant changes to the bill from the way in which it was introduced to how it has come back to the House for its second reading except for a change and a clarification—a technical amendment to the date. Therefore the bill is basically presented as it was tabled with some very informative discussion as to why the settlement has been comprised in the way it has. I commend the bill to the House. I look forward to a speedy third reading. A lot of effort has gone into it. Kia ora koutou.DENISE ROCHE (Green): Tēnā koe Mr Deputy Speaker. E te Whare tēnā koutou katoa. E ngā mana e ngā reo e ngā rangatira mā tēnā koutou tēnā koutou tēnā koutou katoa. I want to acknowledge that for Maungaharuru-Tangitū Hapū the fog has had an impact on the people both in the House and in the gallery. So I want to acknowledge the people who are probably watching this on television. They are the people of Ngāti Tu Ngāti Kurumokihi Ngāti Whakaari Ngāi Te Ruruku ki Tangoio Ngāi Tauira and Ngāi Tahu.It is my privilege to take a call for the Green Party on the Maungaharuru-Tangitū Hapū Claims Settlement Bill for its second reading in the House. I said it was a privilege when I spoke at the first reading in the middle of last year. To be in the House at a time in history when the Crown seeks to right the wrongs and heal the hurts is an opportunity that very few New Zealanders get. It is where we see our founding document Te Tiriti o Waitangi which enables non-Māori to live in this land peaceably finally honoured after many many breaches that left the people of the Maungaharuru-Tangitū Hapū poor unhealthy scattered and dispossessed.I was not able to come and hear the submissions on this bill that were made to the Māori Affairs Committee but I have spent some time looking at the submissions that were made. There were 45 of them. I did that so that I could get a clearer picture of the issues and add to my understanding of the report that the committee has presented to the House. I thank the previous speakers for outlining in more detail what the issues were.This is the third Treaty bill that the House has heard today for a second reading. Looking at the submissions on this one there are common themes that appear across those bills. I guess to sum it up it would be fair to say that a common fear from some submitters is that they will be either included in the settlement with negative consequences or alternatively that they will not be included in the settlement with negative consequences. So with this bill there were submissions from those concerned about the claimant definition. Some were concerned that those descended from ancient hapū who were not explicitly mentioned in the bill would not be covered by the settlement or that they were being subsumed unfairly into another hapū or that they were not adequately recognised.The second area where people were concerned is that they would not be included in the settlement because they have connections with both Ngāti Pāhauwera and Maungaharuru-Tangitū and that the Ngāti Pāhauwera settlement was enacted severalyears ago. I guess this highlights the point that was made at Waitangi this year by Maanu Paul from the Māori Council on the paepae at Te Tii during his whaikōrero when we were welcomed on. He said that he was concerned that the settling of historic grievances may set Māori against Māori and he is right to be concerned. It is one of the reasons the Greens have some unease about these settlements and why we always say that we do not believe that these bills represent a full and final settlement.We are also concerned at the fact that it is the Crown that determines who it will negotiate with that some will be shut out of the process and that because it is the Crown that determines who it will negotiate with it perpetuates the status of the Crown and diminishes the partnership with ngā iwi Māori that was envisaged by Te Tiriti o Waitangi. So it could have the potential for creating further Treaty breaches.Of course our third reason for not accepting these settlements as full and final settlements of historical breaches of the Treaty of Waitangi is that the historical breaches—what happened in the past—may yet affect generations to come in ways that have not yet been foreseen. I know that Maungaharuru-Tangitū Hapū in common with iwi across our country have no wish to short-change the children yet to come.It is worth noting here in Parliament that for the Maungaharuru-Tangitū Hapū the Crown’s historical Treaty breaches nearly wiped them out. They went from having 100000 hectares of land to now having just 3 acres at Tāngoio. Tānia Hopmans the general manager of the Maungaharuru-Tangitū Trust referred to her people as tangata whenua without whenua. With the settlement under this bill Maungaharuru-Tangitū Hapū will be in a better economic condition but they are incredibly generous in accepting this settlement when the losses—people killed detained and executed and land taken by confiscation and by other unfair means—were so large.I want to acknowledge that my comments about the Crown are not in any way to detract from the sense of achievement that Maungaharuru-Tangitū Hapū should rightly claim as theirs for resolving these historical claims to this point. It has taken decades and decades and so much perseverance commitment and resolve to get to this final part and generosity and patience.One of the submissions from Evelyn Ratima the chair of Mana Ahuriri Inc. which is a neighbour of Maungaharuru-Tangitū describes their graciousness really well in her submission supporting the bill. She says: “As neighbours of Maungaharuru-Tangitu we acknowledge all the indignities and trials they have endured and in remembering the suffering of their and our Tipuna which is much and that is been polite … have maintained their integrity and the integrity of the people … MTI have been transparent throughout the duration of the claims process they have … been committed and true to the legacy of their and our ancestors and are very deserving of having their Claims Bill heard supported and passed through Parliament.”In Treaty settlements the commercial redress offers a chance for iwi to start to rebuild their economic base. The cultural redress is an acknowledgment and restoration of the status of iwi in relation to their land their rivers their lakes—and I want to note here Lake Tūtira which is one of the most polluted in the country—the sea and their role as tangata whenua and kaitiaki. The renaming of certain sites back to their original names is important in telling the history of the area from a Māori perspective and again it addresses the mana tangata status of hapū and iwi. The vesting of several thousands of hectares of Department of Conservation reserves as will happen under this settlement which Maungaharuru-Tangitū will return to the people of Aotearoa is a symbolic act of recompense by the Crown but it is a much larger gesture of generosity by the hapū. All this redress is designed to start the process for Maungaharuru-Tangitū to heal.After my last speech in this House I received an email from one of the negotiators which was really nice I have to say and I am going to quote from it because it ispositive. She said: “I believe there is hope and a quiet optimism among our people that things will get better for future generations.” Later she says: “We are looking forward to putting this chapter in our history to rest and charting a new course for our hapū whānau and marae.”I reiterate that it is a privilege to speak in the second reading of this bill. The Greens will be supporting it through to its third reading and final passage. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.Hon CHRIS TREMAIN (National—Napier): Tēnā koe e Te Mana Whakahaere. Tīhei mauri ora! Whakataka te hau ki te uru. Whakataka te hau ki te tonga. Kia mākinakina ki uta kia mātaratara ki tai. E hī ake ana te atākura he tio he huka he hauhunga. Ā tēnā koutou.[Thank you Mr Deputy Speaker. Behold the breath of life! Cease the winds from the west. Cease the winds from the south. Let the breezes blow over the land. Let the breezes blow over the ocean. Let the red-tipped dawn come with a sharpened air a touch of frost a promise of a glorious day. So greetings to you collectively.]The mihi I have just used was the one that I started my speech with in the first reading on the Maungaharuru-Tangitu Hapu Claims Settlement Bill. It has particular relevance because it speaks of a new dawn for Maungaharuru-Tangitū—a touch of frost which is probably quite relevant today with the fog that is coming through Wellington. It has prevented many of the negotiators and members of the six hapū from coming down to Pōneke to Wellington today to be part of this second reading. In that regard as many other members in the House have done—Denise Roche from the Greens Meka Whaitiri and Minister Finlayson—can I acknowledge the presence in spirit very much of kaumātua and rangatira from Maungaharuru-Tangitū who cannot be here today. In particular can I acknowledge Bevan Taylor and Tānia Hopmans who are two of the lead negotiators the rangatira who have led the negotiations to bring the bill to the point that we are at now where we can reach a settlement for this natural grouping. I say “natural grouping” because there was some debate from some—certainly not from members of these hapū—that they were not a natural grouping. So to establish that fact has been excellent.To be clear the rohe of Maungaharuru-Tangitū sits within my electorate—or should I say my electorate sits within their rohe. The area starts at Mana Ahuriri which is the group that sits in Napier. For those of you who know where Napier Airport is that land there will be part of the Mana Ahuriri claim. But going north from there it is up along the coast. It takes in Waipātiki Beach goes up through to Ridgemount Station through to the Waikari River which is where Ngāti Pāhauwera and their iwi sit further north. That claim has been settled since I have been a member of this House which is absolutely fantastic. Ngāti Pāhauwera are getting on with building an economic base and businesses and becoming very much a part of the local economy. The rohe goes west from there to the ranges of Maungaharuru. Interestingly Maungaharuru talks about the beating of wings. If you go back a couple of hundred years the Maungaharuru Range—maunga as in mountain and haruru the beating of wings—talks about the petrels and seabirds that used to nest up in what I would not quite call mountains but in those mid-hill areas. It is interesting to see that the iwi are now working with Julian Robertson who has put a million dollars into bringing back seabirds to that area which is absolutely fantastic. This is a wonderful point in time—that we have got to this point and we can settle.I have actually got quite a close connection to the area. I happen to be fortunate to own some property at Waipātiki Beach. Just this January I worked very closely with Maungaharuru-Tangitū. We had Bevan Taylor out to the beach. I have got a property that sits right beside the beach—actually about 18 acres there—which had one of the oldpā sites around it. So we had the members of the iwi out to look at where some of the dugouts were and just to have a sense of what may need to be protected in future years if that site was to be developed. It was really interesting.In terms of the settlement itself as I said on the Raukawa settlement it actually empowersMaungaharuru-Tangitū not only by returning land to them but there is some financial redress there as well plus cultural redress. In terms of the redress there we see the vesting of part ofŌpouahi Station and the Ōpouahi Scenic Reserve the vesting of the TePōhue Domain Scenic Reserve back intoMaungaharuru hapū and the vesting of lake beds at Lake Tūtira LakeŌrākai Lake Waikōpiro and LakeŌpouahi. Also we see the return of the lake beds to the hapū and the vesting and gifting of a number of significant cultural properties including boundary streams scenic reserves the Bellbird Bush Scenic Reserve and the balance of theŌpouahi Scenic Reserve andWhakaari Landing Place Reserve.So all these things come together and have reached what I think is an excellent settlement for theMaungaharuru hapū. It has taken a long time to get to this point but as I said earlier Bevan TaylorTānia Hopmans and the other negotiators have worked hard to get to this point. I think there is definitely hope there for a quality settlement and as my colleague in the Green Party Denise Roche said there is genuine optimism amongst the hapū about the future. I must say that when I was there for the signing of the agreement in principle at the marae it was fantastic to talk to the people who were very optimistic and who really wanted to look forward and put behind them the issues of the past to look forward for their own mokopuna their tamariki their children and to focus on how they could get them really really well educated so that they could then become significant contributors not only to their own community but to the wider community and with an understanding of their place in the world in what is now more and more a global community. I think you actually need to have your roots very clearly embedded in some part of the world which for me is the mighty Hawke’s Bay and very much a part of this areaMaungaharuru-Tangitū.Thank you for the opportunity to speak in this debate. As I said in the speech on the Raukawa bill it is a huge privilege to be part of these historical Treaty settlements and a huge privilege to have those settlements from my own electorate taking place and seeing genuine progress being made and huge development in Hawke’s Bay as a result of these settlements. Thank you very much.LOUISA WALL (Labour—Manurewa): E ngā mana e ngā reo rau rangatira mā tēnā koutou tēnā koutou tēnā tātou katoa. Ngā mihi ki ngā whānau o Maungaharuru-Tangitū ngā hapū o Ngāti Kurumōkihi Ngāti Tū Ngāti Whakaari Ngāi Tauira Ngāi Te Ruruku ki Tangōio Ngāi Tahu. Nō reira tēnā tātou.[To the authorities languages and esteemed leaders greetings and salutations to you collectively and to us all. Acknowledgements to the families of Maungaharuru-Tangitū subtribes of Ngāti Kurumōkihi Ngāti Tū Ngāti Whakaari Ngāi Tauira Ngāi Te Ruruku ki Tangōio and Ngāi Tahu. So greetings to us.]I would also like to take this opportunity to mihi to my colleague Meka Whaitiri who represents the area of Ikaroa-Rāwhiti within which Ngāti Kahungunu is a very significant iwi and also in recognition that this settlement is a settlement of a hapū cluster that affiliates to Ngāti Kahungunu. I would also like to acknowledge the Hon Chris Tremain who represents the area.I would like to start with a place name that will have official status by virtue of this piece of legislation the Maungaharuru-Tangitū Hapū Claims Settlement Bill—that is Whakaari. Hawke’s Bay will after this piece of legislation goes through be able to be called Whakaari. It will be interesting to see whether or not Hawke’s Bay businesses start using “Whakaari”. It could see the introduction of bilingualism within the region.The interesting thing about the name is that Whakaari is the name that tangata whenua have regarded this area of Aotearoa as. When I look at the history of Hawke’s Bay I want to share it with the House today and with those who are watching because it is a name that Captain Cook gave New Zealand in honour of Admiral Edward Hawke who defeated the French at—and excuse my French—the Battle of Quiberon Bay. That happened in 1759. So it is really interesting that we have this place name that comes from France in honour of an Englishman and that by virtue of this piece of legislation we are actually going to have a name that honours the tangata whenua the mana whenua of Aotearoa and it comes from here. So I particularly want to highlight that fact which will be enabled through the passage of this piece of legislation.I also want to highlight that the deed of settlement for this piece of legislation was signed on 25 May 2013. Of the 5000 registered members of this hapū grouping 62 percent voted and it had 98 percent support. It is one of the highest engagements that has been seen through the Treaty settlement process so I do not underestimate how important and how engaging this settlement process has been for the Maungaharuru-Tangitū whānau to be involved in.What I do want to do is share an article fromHawke’s Bay Today that was written by Doug Laing. It was written on 27 May 2013 and it starts: “The Crown has made one of its most profound Treaty settlement apologies in redressing grievances of four Hawke’s Bay hapu decimated by the military invasion of their marae almost 150 years ago.” What this article acknowledges is that in 1866 20 people were killed at Ōmarunui andPētane and 13 others were incarcerated on the Chatham Islands for 2 years. The other thing that is highlighted in this media reporting is that land confiscations happened within the context of the time that resulted in the hapū becoming a landless people.When we look at the settlement processes that we are engaged in we always have an opportunity to look at New Zealand’s history. I think that we should be very clear in moving forward that the generosity of our hapū and iwi means that we should always acknowledge the atrocities of the past. We do so today actually fully embracing that history. We do so today honouring our hapū and iwi groups. All of them have endured stories like this. But we do so today honouring the generosity of the hapū and iwi in enabling us as a country to move forward. So I always want to thank our hapū and iwi groups—leaders such as Bevan Taylor Joseph Reti and others. As well there are leaders such as Ms Hopmans who if I read the article that I quoted from earlier decided as a university student that she wanted to write a piece of research that Dr Richard Boast is now going to turn into a book which is going to be calledForgotten Raupatu. So the other part of this Treaty settlement process that I think has been enabled is the telling of our stories and telling of our stories in a way that not only will we never forget what has happened in the past but it actually provides a really solid platform on which to move forward.The other thing that I wanted to highlight within the context of this settlement is actually the kawenata—the relationships that this piece of legislation will enable with our hapū and iwi. For example there will be a partnership agreement with the Minister of Conservation within the context of this piece of legislation. There will be a relationship agreement with the Ministry for Primary Industries so that the Ngāti Kahungunu Iwi Incorporation and other hapū that wish to participate will have a direct and formal relationship to discuss fisheries which are a major asset for the hapū and iwi. They will also have a relationship with the Ministry for the Environment. I will not go through the list of statutory acknowledgments but again that formal relationship enables the whānau within the Maungaharuru-Tangitū hapū collective to for ever have a say in how those specific sites of significance will be managed. The other thing worth highlighting is that a protocol will be developed to facilitate a working relationship withthe Minister of Energy and Resources in respect of Crown minerals and also with the Minister for Arts Culture and Heritage in respect of taonga.The legacy that these Treaty settlements are creating will enable Māori to move on. I truly believe that and I do truly believe in this Treaty settlement process and the way that it has been and is being managed by the Minister for Treaty of Waitangi Negotiations Christopher Finlayson and I want to acknowledge him in his absence again.It is these statutory acknowledgments—it is the relationships—that we are forging within these Treaty settlements that actually give our hapū and iwi a rightful place to stand and a rightful place in terms of the development of our country as we move into the future. They really are truth and reconciliation documents and we in this House should all just take the time to read some of the histories. I know that depending on where we come from a lot of us engage in these processes on a daily basis but what I see is that these pieces of Treaty settlement legislation are actually creating the Treaty partnership that was envisioned when Māori signed the Treaty. They are making that partnership a reality as we move into the future. Nō reira tēnā koutou tēnā koutou tēnā tatou katoa.Dr PAUL HUTCHISON (National—Hunua): Tēnā koe Mr Speaker. E ngā mana e ngā reo e ngā hapū o Maungaharuru-Tangitū e ngā iwi o te motu tēnā koutou tēnā koutou tēnā koutou katoa.[Greetings to you Mr Assistant Speaker. To the authorities languages and subtribes of Maungaharuru-Tangitū and to the tribes of the country greetings salutations and acknowledgements to you all.]It is indeed a great privilege to speak on the Maungaharuru-Tangitū Hapū Claims Settlement Bill the purpose of which is to give effect to the deed of settlement signed by the Crown and Maungaharuru-Tangitū Hapū. May I specifically acknowledge the hapū and their six component hapū their ancestors those who are living now and those who are going to come in the future. As my colleague Louisa Wall mentioned it is hugely important to recognise the great harms that have occurred in the past. Hopefully this is indeed one way of seeing reconciliation take place and a very positive and constructive future for those who are going to be born in the years ahead.Settlements are designed to recognise and right the wrongs of the past and to strengthen the partnership between the Crown and Māori. Hopefully this is indeed a quality settlement. Settlements also help unlock economic potential and boost regional and provincial areas in keeping with National’s priority to build a more competitive and productive economy. We do indeed want to see Māori and young Māori totally involved in the economic progress of this country and to be able to participate fully.I remind myself so often that when I went to university down in Otago less then 0.05 percent of the students at that time were Māori; now it is in the order of 9 percent and growing. It is through education and it is through economic power that the practical ability to move forward and create high standards of living is effected.I was not on the Māori Affairs Committee. Indeed it is a great privilege just to be able to make some comments regarding this settlement. I understand the committee recommends the bill be passed. I am told a number of submitters expressed dissatisfaction with the way Maungaharuru-Tangitū claimants have been defined in the bill. The concern centred largely on two issues: the entitlements for claimants with connections to both Ngāti Pāhauwera and Maungaharuru-Tangitū Hapū and those individuals descended from ancient hapū who may fall between the two settlements.I want to mention Ngāti Pāhauwera. It is an important part of the settlement process for claimant groups to have the opportunity to set out their whakapapa as they see it and this is done in the deed of settlement. Although different approaches to self-identification have been taken the select committee is confident that this has not resulted in any entitled individuals being excluded from benefiting from one or more settlements.With regard to ancient hapū the committee also heard from submitters who believed that as their ancestral hapū were not explicitly mentioned in the deed of settlement they could not benefit from it. The committee I am told is satisfied that between the Maungaharuru-Tangitū Hapū and Ngāti Pāhauwera settlements the people and hapū in the region will be fully represented and after the enactment of this bill no outstanding claims will remain to be settled.As I said before it is a great privilege to speak on the second reading of this bill and I like many others commend it to the House.CAROL BEAUMONT (Labour): It is a pleasure to stand and speak on the Maungaharuru-Tangitū Hapū Claims Settlement Bill. E ngā mana e ngā reo e ngā tangata o te wā tēnā koutou tēnā koutou tēnā koutou katoa. It is the first time I have had the pleasure of speaking on a Treaty settlement bill and I take great pleasure in doing so. Can I acknowledge the Maungaharuru-Tangitū Hapū and all of those who have worked on this settlement in getting it to this point. I think that for me having the opportunity to say a few words on this is important. It is important obviously to the hapū concerned but it is also important for all of us in this country. As a Pākehā New Zealander I want to acknowledge the importance of Treaty settlements for our nation. One of the inspiring times in this House really is when we debate Treaty settlements and we have strong cross-party support for this process in moving forward as a country.One of the things I am also clear on is that when I was a young person the history that I got taught in school did not include the history that we are now all learning and seeing as a result of the Treaty settlement process. I think that that history is a taonga for us all. It is important for us to all know and understand the real history of this country—the good the bad and the ugly really. In the case of the Maungaharuru-Tangitū Hapū I have looked at a summary of the historical background and there are so many things that are truly unfortunate tragic and just downright wrong that happened to the hapū. This is a hapū that tried to negotiate a peaceful end to their involvement in the New Zealand Wars but were attacked and then exiled to the Chatham Islands and detained without trial.This is not something to be proud of as a country—prisoners summarily executed confiscation and then deforestation and the development of pastoral farming in their area which has significantly increased erosion and pollution there. These are not things to be proud of as a country; nor are the infectious diseases and diseases of poverty that cost the lives of so many of that hapū. Obviously living conditions and health services have improved but as we all know in this House there is still a significant gap between what is experienced by many Māori and many Pākehā in this country. So we have a long way to go.I do not record these things to be negative at all but just to say that this is part of the history that we need to understand as a country so that we can move forward. I want to pick up on the point that my colleague Louisa Wall made about generosity. Each and every one of us wherever we live in this country benefits from the generosity of the local iwi in our area. Many of the public places and many of the open areas that we all use are there because of the generosity of the local iwi. So again that is something that I believe we as New Zealanders should all know and acknowledge.This settlement bill—again I was not part of the Māori Affairs Committee—has three components. It has the apology and the cultural redress and I understand from talking to my colleague Nanaia Mahuta that one of the really interesting parts of this settlement is around the active guardianship of the natural environment that theMaungaharuru-Tangitū Hapū will gain as part of this settlement. That active guardianship role that they will play in our natural environment will benefit us all.I just conclude by saying that settlements like this one and the other two that we have had in the House today are an important way for us in the whole of New Zealand Aotearoa to move forward. Again can I acknowledge the Maungaharuru-Tangitū Hapū for their work and I congratulate them on this settlement.Bill read a second time.The House adjourned at 12.15 p.m. (Thursday)