Volume 689 Week 40 - Wednesday 17 April 2013(continued on Thursday 18 April 2013)Text is incorporated into the Bound VolumeVolume 689 Week 40 - Wednesday 17 April 2013(continued on Thursday 18 April 2013)[Sitting date: 17 April 2013. Volume:689;Page:9507. Text is incorporated into the Bound Volume.]Wednesday 17 April 2013(continued on Thursday 18 April 2013)Ngāti Whātua o Kaipara Claims Settlement BillSecond ReadingHon Dr PITA SHARPLES (Minister of Māori Affairs) on behalf of theMinister for Treaty of Waitangi Negotiations: I moveThat the Ngāti Whātua o Kaipara Claims Settlement Bill be now read a second time. He mihi tēnei ki a koutou o Ngāti Whātua kua tae mai i tēnei ata nau mai hara mai rā. Kāore anō kia tīmata nā reira tēnā koutou whakapiri mai. Ngā mate kua pā ki a koutou waiho rātou kua mihia i runga i ngā marae maha o te motu. Ko te mea nui i tēnei wā ko koutou kua tae a-tīnana mai i tēnei hui nui mō tātou. Nā reira kai te rangatira tēnā koe koutou ngā kuia rangatira tēnā koutou whakapiri mai.[This is an acknowledgment to you of Ngāti Whātua who have arrived here this morning. Welcome welcome. It has not started yet so greetings to you collectively draw closer. As for the deaths that have affected you leave them on the many courtyards of the nation so a tribute can be made to them. The most important thing at this point in time is that you are here collectively at this important gathering for you. Therefore I doff my hat to you esteemed elder and venerable matriarchs. Welcome draw closer.]In moving that the Ngāti Whātua o Kaipara Claims Settlement Bill be now read a second time I begin with a quote: “You don’t run a Treaty settlement on your own.” I quote a very humble descendant of Ngāti Whātua o Kaipara. That was her response when the media congratulated her after she was honoured by the Governor-General for her work in negotiating the settlement of her people’s Treaty of Waitangi claims. She told the reporter that the more she delved into the injustices of her people’s past the more she realised she was not venturing into new territories; she was merely following the well-trodden footsteps of those who had gone before her—generations of Ngāti Whātua o Kaipara who spent entire lifetimes fighting for justice her own family members who have not lived to see this day.As only Treaty of Waitangi claimants can understand she said that standing there receiving her award at Government House was an incredibly lonely act and that there were so many other people who could equally share in that award. There were so many other people she would have dearly loved to be there to accept that award and I quote: “You don’t run a Treaty settlement on your own.” Nā reira tēnā koe Margaret Kāwharu mō ōu nei kupu. Tangi tonu mātou i tō pāpā.[So thank you for your words Margaret Kāwharu. We continue to mourn your dad.]So in the spirit of those humble words I would like to pay tribute to those who have gone before those sons and daughters of Haranui Reweti Kakanui Araparera and Puatahi marae. So many are not in the House today but if not for them we would not be here considering a bill to resolve an injustice that began 169 years ago. Nā reira koutou moe mai rā e ngā rangatira i te mōhio kua mau tonu koutou i a mātou ngākau i tēnei rangi nā reira okioki pai mai.[And so to you the esteemed elders rest there in the knowledge that you are in our hearts today for ever. So rest well there.]Ninety percent of the ancestral lands of Ngāti Whātua o Kaipara were gone within a single generation. Could we imagine what it would be like to have 90 percent of our homes taken from us from our children and grandchildren—90 percent taken by law? And the 10 percent of the lands left for Ngāti Whātua o Kaipara for their families werefragmented uneconomic and hard to live off. Determined unrelenting and pervasive Government land buying and land fragmentation policies took not just hundreds but thousands of hectares of land off these families. By denying these families the lands and resources to take ownership of their own destiny these policies sought to deny Ngāti Whātua o Kaipara the right to determine their own economic and social well-being.But those policies failed miserably. The people of Ngāti Whātua o Kaipara are here in this House today seeking justice and taking ownership of their own destiny. Some are here in spirit their journey etched on the words in this bill. An injustice that began in 1844 with the Crown takeover of vast tracts of land in the upper Waitematā will soon be resolved by this Parliament and the people of Ngāti Whātua o Kaipara. In coming to this agreement to resolve past grievances we honour all of the ancestors but also importantly we honour our descendants and we plan for the future.I stand to acknowledge Ngāti Whātua o Kaipara whose tenacity and leadership will soon see settlement for the hapū and marae of southern Kaipara. I commend the trustees of the Ngāti Whātua o Kaipara Claims Committee and the trustees of Ngā Maunga Whakahii o Kaipara Development Trust for their passion and for their commitment. They have shown incredible leadership by working alongside other iwi and hapū of Kaipara—Tāmaki-makau-rau and Hauraki both. The support of Ngāti Whātua o Kaipara people for the settlement negotiated on their behalf is clear. Two ratification processes held in August 2010 and August 2011 returned approval rates of 96 percent and 92 percent respectively—a beautiful mandate. All those things the families of Haranui Reweti Kakanui Araparera and Puatahi have lost due to the actions of the Crown can never be totally restored and yet today Ngāti Whātua o Kaipara seek to settle their grievances with the Crown.The legislation before us is much more than a new law change. It is the history of a people and it is the future of a people. What has been taken from these families can never be totally replaced. Ninety percent of the ancestral lands can never be replaced and yet here the people are to settle with the Crown. I acknowledge the sacrifice the pain and the injustice suffered by these people those before them and their whānau. I thank Ngāti Whātua o Kaipara for their leadership generosity and mana without which we could not be here today. This bill provides for a strengthened relationship between the people of Ngāti Whātua o Kaipara and the Crown—a strengthened relationship as partners in the Treaty of Waitangi. I am proud to stand in support of this bill.Whāia te kotahitanga o Ngāti Whātua o Kaipara. Nā reira tēnā koutou katoa e manaaki nei i ahau i te wā i tae mai au ki Tāmaki-makau-rau. Whakaae ana ki te whakatū i tētahi marae i Waipareira tautoko ana. Tautoko ana tātou i a tātou i roto o Tāmaki. Nā reira tēnā koutou tēnā koutou.[Strive for the unity of Ngāti Whātua of Kaipara. Thank you all for looking after me when I arrived in Auckland. You allowed me to establish a courtyard at Waipareira and you supported it. We supported each other in Auckland so acknowledgments and salutations to you collectively.]I look forward to this bill proceeding to the Committee stage without delay. Thank you.Hon PAREKURA HOROMIA (Labour—Ikaroa-Rāwhiti): E mihi kau ana ki te Minita Māori te Minita e manaaki atu i te haere o ngā kerēme Tiriti. E mihi atu ki a rātou o Ngāti Whātua ki Kaipara nā te mea i roto i āku he tino take hoki atu tēnei ko te mahi o ngā hoia mau pū te āhua o te Kāwana e takahi atu rātou katoa. I kite atu tātou i te tino ngarongaro o te whenua katoa i reira. Kāre e tae atu wētahi o ngā āhua i ngā kerēme pērā tonu. Nā te mea mō tēnei tae atu e kite atu tātou te tautoko o te tino nui o ngā uri o Kaipara o Ngāti Whātua. Ahakoa e tū pakari atu rātou i Ākarana i Tāmaki-makau-rau kei te haere tere kaha atu rātou i Kaipara.Nā te mea e roaroa atu te mahi o te Kāwana ki a rātou kāre e huri ki te whakatika tere noa tōku mihi ki te Minita Chris rāua ko Pita me tātou katoa ngā kanohi Māori ngā rōpū i roto i te Whare nei. He nui atu ngā whakahoki mō te mahi o taua tau a muri rā engari kei te rekareka haere tō tātou whakaaro i kite atu te whakatikatika a tātou ngā mema i te Whare Mīere nei. He tino hōnore tērā kei te whakahoki atu te nui o ngā wāhi tapu ngā wāhi tikanga he tino tūrangatira ki a rātou.He mōhio rātou i te wā e puta ā-waha te kōrero a Naida Glavish “kia ora”. Riri atu te whenua katoa i te mau atu i tō tātou Reo Māori riri rātou ēngari i nāianei kei te haere a tauiwi haere ngā Hainamana kei te haere wētahi o ngā tangata o Aotearoa ki te rapu atu i te reka o tō tātou Reo. Kāre hoki te whenua nei he whenua mō tetahi reo anake Pākehā he tū kaha atu tātau nō reira e mihi atu mō rātou. Ahakoa te whakahuri te whakatuku atu ki a ratou te nui o te compensation e puta ana wētahi o ngā kaha ki te manaaki atu i te haere i roto i te āhua o te umanga te pakihi. E mihi kau ana ki te kaiwhakahaere o tō tātou komiti a Tau mō tōna kaha ki te tae atu ki te oti nei. Mihi atu ki a rātou katoa.[I acknowledge the Minister of Māori Affairs and the Minister for Treaty of Waitangi Negotiations. I acknowledge them of Ngāti Whātua at Kaipara as well because I believe that this is a further issue of huge significance in terms of the militia taking up arms against them and Government abuse. We discovered that confiscation of all the land was a key loss there. Some of these circumstances did not occur in claims similar to this one. Because this occurred we note that support by relatives of Ngāti Whātua at Kaipara was significantly huge. While their presence in Auckland is strong the number of them going to Kaipara is getting faster and stronger.Because the Crown has been working with them for a very very long time and has not sought to rectify the situation I do commend the swift action by Ministers Chris and Pita and all of us Māori members and all parties in this House. The responses in regard to what was done last year were quite significant but on the other hand our thoughts are increasingly nice now after seeing the amendments made by us members of this Parliament. That is a real honour. A large number of places of sacred and cultural significance to them are being returned.They are well aware what happened when Naida Glavish uttered the words “kia ora”. The whole country was angry at the use of our Māori language. The entire nation was furious but at this point in time mainstream Chinese and people of New Zealand are seeking out the sweetness of our language. This country is not one where only the English language is used. We have stood staunch against that and so it is a compliment to them. Although they are to receive much of the compensation a great deal of effort will have to be spent looking after pursuits and business affairs. I acknowledge the chairman of our committee Tau for being resolute to ensure that this bill arrives here completed. I congratulate them all.]We do support this bill the Ngāti Whātua o Kaipara Claims Settlement Bill in the Labour Party and the sooner it is through the better. There are a whole lot of people to thank and without over-naming people I thank the trust the negotiation team—all of those people have had a key role rātou o te Waitaha Raupatu Trust. In particular I want to mention other people in Ngāti Whātua Naida and co. and all of those people who have helped because there are a lot who helped to balance it. As the Minister of Māori Affairs said it is quite a balancing act coming to agreement with six other settlements around you. That they have been able to do that shows real strength. But certainly from us and the rest of the parties as I understand we support this bill at the second reading and hopefully into the Committee stage. Kia ora.Hon TAU HENARE (National): Mea tuatahi i a koutou e aku rangatira tēnā koutou. Kei a koutou Ngāti Whātua mana whenua o taku kāinga nō reira mihi kau atu au ki a koutou.[Firstly to you my elders welcome. To you of Ngāti Whātua who have inherited status over the land of my residence I acknowledge you greatly.]As a—I was going to say “young person”—reasonably young person being brought up born and bred in Ōtara in those times and making friends with various people from Ngāti Whātua through the movement such as Sharon Hawke and the Hawke whānau having a sort of baptism of fire through the Auckland movement was always good and it continues today. When you think of a people who have—I would not use the word “lost” but who have had 90 percent of their land taken in an urban area that is Auckland which is now a million people strong and has every immigrant from every part of the globe it is more of a struggle for the indigenous home people to survive. And we have seen it all around the world.Not only do they have to battle the Crown—and here is something that we should think seriously upon too. That is that Ngāti Whātua o Kaipara were friends of the Crown. It was not as if they were enemies of the Crown. They were friends of the Crown. So you would expect that part of the deal of being a friend of the Crown would be that they would be looked after. So that even adds to the suffering that I think that Ngāti Whātua o Kaipara and the whole of the Auckland isthmus had to live under.I will not take too long. I commend the Māori Affairs Committee for its job. I commend the select committee for the questions that it sought answers to. And also I commend the select committee for visiting the heart of Kaipara to hear the submissions. I think that some of the amendments that come forth from the select committee are part and parcel of the process that we go through to refine the settlement deal between the Crown and iwi.Lastly can I say thank you to Ngāti Whātua o Kaipara for their hospitality to our select committee which really did enjoy the day that we spent there—a very special day. I am sure that when we retire and we look back on the days that we have spent in here those will be some of the highlights of our careers. Nō reira kei a koutou kei a koutou e te Whare. Tēnā koutou katoa.RINO TIRIKATENE (Labour—Te Tai Tonga): Tēnā koe Mr Speaker. Tēnā koe e te Minita. Tēnā koutou e ngā mema o te Whare. Ki a koutou Ngāti Whātua o Kaipara nau mai haere mai ki te Whare Pāremata e takatū nei. Āpiti hōno tātai hōno rātou te hunga mate ki a rātou āpiti hōno tātai hōno tātou te hunga ora ki a tātou tēnā koutou tēnā tātou katoa.[Salutations to you Mr Speaker Minister and members of the House. To you collectively of Ngāti Whātua o Kaipara welcome to Parliament House standing here in readiness—welcome. The lines are drawn so allow the dead to remain there amongst their own while we the living remain here among the living world. Greetings and salutations to you all.]I am pleased to rise and speak in support of the Ngāti Whātua o Kaipara Claims Settlement Bill at this second reading. I am really enjoying my time on the Māori Affairs Committee and it was unfortunate that I was not able to participate in the select committee when it travelled up to hear this bill at Kaipara. But I am very pleased to awhi this bill at this second reading stage.As always I like to take a bit of a different tack when I give my speeches on these Treaty bills. I would like to stand today and really acknowledge the great visionary chief Paora Tūhaere of Ngāti Whātua o Kaipara because he was really remarkable and as we go into these bills the wonderful history and the great works of these great chiefs come through. If we look at Paora Tūhaere it is surely one of the great enticements ever. He convinced the Queen’s representative to move the capital of the colony from the Bay of Islands to the upper Waitematā Harbour—what was to become Auckland City. Tūhaere was the chief of a Ngāti Whātua tribe of the southern Kaipara Harbourand their rohe extended down to Muriwai and across to Helensville and back up to the Kaipara.His invitation to Governor Hobson must surely have raised the ire of his more senior and famous uncles from Ngāpuhi but the gift of a couple of hundred thousand acres was obviously worth it in order to have the Pākehā settlers build a new city founded purely around commerce and the administration of the colony. The idea was simple: bring the Pākehā settlers to the Waitematā Harbour and benefit from the inevitable trade. Hongi Hika in the north and Te Rauparaha in the south had benefited from the Pākehā contact. So tribes who had contact with Pākehā always benefited from picking up new technologies and customs.Paora Tūhaere was a chief with foresight and for a couple of years Ngāti Whātua o Kaipara did benefit from being close to the Pākehā. This did not transpire for ever unfortunately but only for a while. What actually happened is one of the sadder stories in this current crop of settlement bills. As we have heard in previous speeches at the first reading and surely in what will come some terrible things happened to Ngāti Whātua o Kaipara. After the good times ended and the commerce of Auckland really started to take off as has been documented the five hapū of Ngāti Whātua o Kaipara and the amount of land that was stolen from them—it was significant.Personally this bill has thrown light as I have mentioned at the start on just what a true and loyal Māori and a true New Zealander Paora Tūhaere was. He seems to have been a person of real sound judgment and common sense. Pākehā coming from overseas—that was inevitable and as nephew to the paramount leader Apihai Te Kawau of Ōrākei Tūhaere and his people were in a good position to benefit. Paora was Christian and learnt to read and write well before Auckland was founded. He was a capable administrator. He held several municipal positions.In all huis and dealings with Pākehā in Auckland he believed the best way forward for everyone to benefit was by following the Treaty. He soon came to understand that if Māori were to have an equal say in their own land they should have political representation. Indeed he was really at the beginning of Māori political awareness and consciousness. So he is the man actually whom I think all of us Māori electorate MPs should give thanks for because it was through his efforts that there came the formation of the Māori electorates. So I give personal thanks for his efforts that I represent Te Tai Tonga today.Later on I can elaborate further on the early huis at Kohimaramara and the dealings with Governor Gore Browne and all of those early very significant hui but I might hold those over for the third reading. But I do want to acknowledge Tūhaere for that wonderful saying that if there are to be 50 Pākehā seats in terms of the House of Representatives let there be 50 Māori seats. So again I just acknowledge the tremendous foresight and contribution that that wonderful chief made to our constitution as a country. He knew the meaning of fair and equal and when he found out that some of his more notable Pākehā acquaintances would never give Māori equal representation he hosted his own Māori parliamentary movement at Ōrākei and later joined forces with the Kotahitanga movement of which he became a fervent supporter and follower.So as is documented in these bills you know Auckland really was based on a lot of thievery of land to establish it. Paora Tūhaere really was the genesis of the Māori seats that we have today and it is interesting that some 160-plus years later we are doing a Māori option now that might determine whether we go from seven seats to maybe an eighth seat which would be great. Yes sometimes we have moved a long way and at other times it has been quite slow but I think it is something for us to reflect on in terms of his contribution as the great chief of Ngāti Whātua o Kaipara. So I really just wanted to acknowledge his contribution and I know that a lot of his early efforts and all of thesubsequent work that has been conducted by Ngāti Whātua o Kaipara has led through to what we have here today at the second reading of this bill.We do support the bill. Obviously it does not compensate for all the real hurt and mamae and grievance and losses but it is an opportunity for Ngāti Whātua to recapitalise and reassert their tribal identity on their whenua and their connection and their permanence to Kaipara and also their rohe takiwā. So I support this bill and I look forward to the Committee stage and also to finally bringing it to a conclusion at the third reading. Kia ora tātou.DAVID CLENDON (Green): Kei te mihi nui ki a koutou ki te mana o Ngāti Whātua o Kaipara ngā manuhiri ki tēnei Whare te Whare Raruraru. Tēnā koutou katoa.[A big welcome to you the authority of Ngāti Whātua of Kaipara and visitors to this House the House of Perplexity. Welcome to you all.]Could I begin to speak in support of this bill the Ngāti Whātua o Kaipara Claims Settlement Bill on behalf of the Green Party by just acknowledging the opening remarks of the Minister of Māori Affairs Dr Sharples to associate ourselves with those comments and to acknowledge his considerable work on this settlement and indeed on many others over the years.One of the mixed blessings of this job of being an MP is that we travel a great deal and for me my journey from home heading south is always somehow either by air or by road passing over or by the Kaipara Harbour. Particularly when flying over the harbour one recognises the extraordinary landscape that it really is. It is the largest harbour in New Zealand a remarkable landscape and historically an extraordinarily rich landscape for the people who live there. It is worth remembering and recalling that the collective of hapū and whānau who make up the Ngāti Whātua o Kaipara have dwelt in that land occupied that land for some three centuries. The Ngāti Hine element of that grouping are relative latecomers with only 200-odd years in occupation and as kaitiaki of that land. I think something we should dwell on is the fact that prior to Pākehā arrival I have no doubt it was very productive land and very fruitful land and it has been degraded over time—over a relatively short time. I think we all share responsibility with the kaitiaki to ensure that over the next generations the quality of that land of the moana and of the whenua is restored at the same time that the health and well-being of the people whose right to that land is recognised in this Ngāti Whātua o Kaipara Claims Settlement Bill is also restored.I have said before and I will probably continue to say that these settlement bills not only are of great value in themselves to the extent that they do acknowledge wrongs that were done and seek to offer some level of restitution to those who were wronged over time but also are extraordinary historic documents. They are very accessible histories of what has occurred. For some people the documents generated by the tribunal process may be a bit daunting a little bit too much at once but anybody can read these bills and get a very good summary and get a real flavour of what has occurred historically around this remarkable land of ours that we all share. These bills do have the history written in very clear and concise language. Nevertheless it is language that cannot help but stir the emotions as well as being quite objective statements of what has happened over time. I recommend anyone in New Zealand read these bills to understand what is at stake here and to understand the value of the settlement process that this reading is part of.The point has been made that Ngāti Whātua cooperated considerably with the Crown. They made the Crown and the new Pākehā settlers very welcome. They engaged and sought benefit both for themselves and for the new settlers out of the new relationship that was established which makes it doubly unfortunate that their hospitality their welcome and their goodwill was not reciprocated. The point has beenmade in the bill in fact that by 1853 only 13 years after the signing of the Treaty Ngāti Whātua o Kaipara had lost access to their lands around the upper Waitematā. By 1900 90 percent of their former landholdings had been alienated from them. Of that remaining 10 percent 75 percent of it disappeared by 1990. So clearly it has been a long and unfortunate history of alienation and of a failure to honour the spirit or indeed the letter of the Treaty—by legal means and illegal means. It is good and it is a genuine privilege to be a small part of this process of restitution of making right some of the wrongs that have been done historically.I think it is useful to mention as ever that of course we recognise that what is given back in material terms is only a small part of what was taken historically. We know that if all the material value was restored to iwi and hapū throughout the country the New Zealand economy as we know it would be destroyed and that would be to nobody’s benefit. So although the material return—the land and the money—that is involved is not a trivial matter by any means I think what is central to these bills is the Crown’s acknowledgment of wrongs that have been done over time and critically the apology—the unreserved apology—which I believe is as important as the material return if not the most important aspect of these bills. I think it restores some of the mana of the Crown and indeed of the Government as it does recognise the mana whenua of this particular rohe the south Kaipara district which is at stake in this bill.I simply want to conclude by affirming the Green Party’s support for this and our pleasure at seeing a turn shall we say for the better. We do support and are willing to be part of the ongoing restoration of value to those who have waited for such a very long time to have that restitution made. Kia ora.Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I want to acknowledge the Ngāti Whātua o Kaipara representatives in the gallery. I am told that we can expect a much larger contingent when the third reading of this bill the Ngāti Whātua o Kaipara Claims Settlement Bill is debated but it is great to have them here. On behalf of the Crown I really enjoyed negotiating with Ngāti Whātua o Kaipara. We signed the agreement in principle as I recall at the very end of 2010. It was what almost could be called a “rocket docket” negotiation because we really cut to the chase. The deed was then signed on the shores of the great Kaipara a year or so later and now we have reached the legislative stage. I am so very pleased that we are at this stage and I very much look forward to the third reading in June.I want to acknowledge also the Māori Affairs Committee. It travelled to south Kaipara to hear public submissions and the strong support of members of Ngāti Whātua o Kaipara for the settlement was evident in the submissions and at the hearing. I want to say also that very useful and helpful submissions were received from the Auckland Council and also Te Kawerau-a-Maki an iwi who has shared interests with Ngāti Whātua o Kaipara. The Auckland Council and the Rodney Local Board are a very important part of the post-settlement future for Ngāti Whātua o Kaipara. One of the features of this settlement is a joint management body between the Auckland Council and Ngāti Whātua o Kaipara to manage the Parakai Recreation Reserve. I really do want to thank the members of the Rodney District Council which originally considered this proposal.I particularly want to congratulate and thank the Māori Affairs Committee on its work. The bill had its first reading on 19 September 2012 and the committee reported it back to Parliament on 12 December 1 week shy of 3 months which is very impressive but when one thinks about it not all that surprising given the dedication and the skill of the chair and the hard work that members of the committee have shown on previous settlement bills. Their reward I have to say is going to be a lot more work hopefully in June. There will be—and Mr Tirikatene and I know this—the final signing at the top ofthe South Island inTākaka on Saturday and then a 600-page bill will be introduced to the House incorporating nine settlements and that will be great. But today is Ngāti Whātua o Kaipara’s day. I do not want to detract from that but I simply say to Mr Horomia and the other members of the Māori Affairs Committee team that more work is on its way.The committee recommended amendments to the bill that clarify the intent of the deed of settlement especially in respect of properties at Commercial Road and Rata Street. These properties are part of the historic 10-acre block that Ngāti Whātua o Kaipara gifted to the Crown. Parts of this block were transferred from the Crown to previous councils despite protests from Ngāti Whātua o Kaipara and this settlement will enable several properties that were retained in Crown ownership since that time to be returned.That is all I want to say at this stage. It is a good settlement. I congratulate the negotiators and thank them for their hard work because in the scheme of things it has been a very speedy negotiation. Once again I reiterate my thanks to the select committee and its chair for the good work they did and I very much look forward to the third reading.TRACEY MARTIN (NZ First): Kia ora. Tēnā koutou katoa. Ko tēnei taku mihi nunui ki a koutou i tēnei wā. Tēnā koutou tēnā koutou tēnā tātou katoa.[Thank you and greetings to you all. This indeed is my huge salutation at this point in time to you collectively so greetings acknowledgments and salutations to you all.]I am honoured to speak on the second reading of this bill the Ngāti Whātua o Kaipara Claims Settlement Bill. Before I address my notes I want to acknowledge two things personally with regard to this settlement. Firstly when I was elected to the Rodney Local Board of Auckland Council one of the first meetings I was invited to was a meeting run byNgāti Whātua Ngā Rima o Kaipara where they brought together the Pākehā community of Helensville Shelly Beach and Parakai and said to them quite clearly: “Our argument is not with you; our argument is with the Crown. You are our neighbours and you have nothing to fear from us and nothing to fear from this settlement.”That embodies the history of Ngāti Whātua and the way they have dealt with Pākehā. They have always held the basic belief that one must stay in touch one must negotiate one must work together to move forward. It is that that they bring with them to this negotiation. It is that that they bring to the table when they speak with the Rodney Local Board of Auckland Council about building a future for the people of this rohe. It is impressive. It has always been impressive.The other issue I wish to acknowledge is the calibre of the people who sat at the table. One of the hardest things to do when we are negotiating is to stay at the table. When people say “No.” or “I don’t agree.” or “This is not correct.” or “I don’t believe you.” the hardest thing to do is to stay at the table and keep talking. That is exactly what Ngāti Whātua have done. They stayed at the table. They did not sway from their purpose but they stayed at the table and in the discussions.In the gallery today is a gentleman by the name of Haahi Walker from Te Araparera marae. On the grounds of Mahurangi College there is a whare Te Whakawhitiwhiti. Haahi Walker helped raise that whare from the ground so I acknowledge his presence here today.I will now consult my notes. Before I address the Ngāti Whātua o Kaipara Claims Settlement Bill directly however I do want to remind the House of New Zealand First’s commitment during the 2011 election—the commitment it made to this House to stand up for a fair go for all. That is a fair go for all New Zealanders—New Zealand Māori New Zealand Pākehā/European New Zealand Chinese and New Zealanders from all ethnic backgrounds. A fair go for Māori is no different from a fair go needed by all New Zealanders. A fair go to gain First World wages so they can provide for theirfamilies; a fair go to gain jobs so that they can regain and retain their dignity—their mana—and gain warm housing and good health-care; and a fair go to have sound education and training systems that they can access and that their young people aspire to be part of and can see themselves attending because they can reach them.Great New Zealand leaders of the past both Māori and non-Māori knew their people. They worked hard to provide jobs health-care education and housing for everyone. That is one of the strengths I have personally witnessed in my dealings with Ngāti Whātua o Kaipara. Unlike some other settlements where New Zealand First has held concerns that only an elite few inside an iwi has benefited or will benefit from settlement funds and property we see today a real and honest commitment by Ngāti Whātua o Kaipara negotiators to turn this hard-won settlement from grievance and grief over the past into excitement and real prospects for the future. It is this place that New Zealand First believes we as a nation need to reach.We need to acknowledge our past we need to stand in it and own it but we need to walk into our future with our heads held high. I am proud to be a sixth-generation Pākehā New Zealander. My ancestors benefited from actions of the Crown such as those addressed in these settlements. But although I may not approve of their actions I will not deny my ancestors. I refuse to be ashamed to be connected to this land through the bones buried in it just as my Ngāti Kahungunu aunts uncles and cousins are. I am very proud to be associated in a small way with Ngāti Whātua Ngā Rima o Kaipara.I look forward to seeing this bill go through the House so that once it is given Royal assent the real work can begin. The establishment of the co-governance board over the Parakai Reserve the pools the campground and the reserve itself—what an opportunity to bring back an asset that was a jewel in the 1950s that people could be proud of and that Aucklanders will flock to. What an opportunity. Imagine the potential for the young people not only of Ngāti Whātua o Kaipara but also of the wider community of Helensville Shelly Beach Parakai and even further afield.We cannot wait to see the beginning of the papakāinga housing project a joint venture between iwi the Rodney Local Board of Auckland Council the Beacon Trust and Albany’s Unitec Institute of Technology. This pre-apprenticeship retrofit programme will provide a win-win for the people of Ngāti Whātua o Kaipara through the training of young people and by providing the more mature with access to papakāinga housing. These are just two of the many opportunities—the many opportunities—that this settlement will give this rohe.We believe that Ngāti Whātua Ngā Rima o Kaipara is in a position to grab with both hands and take this settlement and create a better future and that is the point of the settlement. New Zealand First joins with negotiators from iwi in the deep hope that this settlement will set the future in a positive direction that will address the social deprivation of Māori in this area. New Zealand First supports this bill. Nō reira tēnā koutou tēnā koutou tēnā koutou katoa.KATRINA SHANKS (National): It is my pleasure to take a call on the second reading of the Ngāti Whātua o Kaipara Claims Settlement Bill today. I would first like to start off by acknowledging the Minister for Treaty of Waitangi Negotiations Minister Finlayson for the hard work he does in these settlement bills and the speed with which he gets them into this House. I would also like to acknowledge the chair of the Māori Affairs Committee Tau Henare. He has always got a focus on getting these bills back into the House as quickly as he possibly can from the select committee and he fast tracks them and prioritises them within the select committee. Thirdly I would like to acknowledge those who have worked tirelessly on this bill from Ngāti Whātua those in the gallery today—thank you for coming down here—and also those who have not been able to make it here today to see the second reading and the Committee stage in this House.I am embarrassed to say I had never been to Kaipara before this settlement process and when the select committee went up there to listen to the submissions I had no idea that it is such a beautiful place—it absolutely is. In fact I nearly did not make it as many other select committee members did not because the GPS cuts out up there and it is quite a hard place to find. I drove up and down the road about five times before I saw this little sign that said “Go this way.” so we got there in the end.There is nothing richer than hearing the stories when you are there—hearing the stories about the vision they had for their future where that vision is and why they have not got there. The stories that we heard were about how they were a very generous iwi and how they had a future gifting land to the council actually. One of the stories was about gifting land to the council. In that gifting of land to the council the iwi gave up that land for settlement. But the council never settled on that land actually and it used it as a reserve. We also heard how the iwi sold land to the Crown so we could go and settle in that land and they could grow their area and prosper. But they sold the land at a very low price and the Crown took advantage of that. So they were a very generous iwi and they had a vision for the future for the area but unfortunately that was not realised. In that process they lost most of their land and became virtually landless by the 1940s.So to me this process is about acknowledging the wrongs of the past by the Crown and offering recompense. That is really important because to me settlements are not only about acknowledging the past and apologising for it but also about the future and the future generations. If we can offer commercial redress to give you some opportunities in the future for economic provisions for the future generations that is a good thing. Part of this settlement is about $22 million in redress and part of that is also the transfer of land. So I look forward to debating this further in the House today and thank you very much for this opportunity to speak on the second reading.Hon SHANE JONES (Labour): Tēnā tātou katoa i roto i tō tātou Whare i tēnei ata me ngā mahi i oti i roto i ngā rangi pahure ake nei: te whakatūturutanga o te nohonga tahitanga o te hunga takatāpui te tangihanga me ngā karakia i whakaritea mō Baroness Thatcher i tērā pito o te ao.Ēngari kāti ēnei kōrero mō ngā baronesses o rāwāhi me huri atu ki te kōrero ki te tangata whenua o Aotearoa. Nā reira e ōku tuākana e ōku mātua tēnā koutou katoa kua tau mai ki Te Upoko o Te Ika ki te mātakitaki i a mātou ngā kanohi o te ao tōrangapū e tū kotahi ana ki te whakatūturu i tēnei pire e whiwhi pānga ai ngā whānau o roto o Ngāti Whātua ki te Kaipara ki ngā taonga tuku iho mai i ō tātou wheinga i tērā pito o Te Tai Tokerau. Nā reira tēnā koutou katoa.[Acknowledgments to us all in our House this morning in regards to the business completed over the past days: the passing of the bill that will enable those of the same gender to marry each other and the State funeral and service for Baroness Thatcher on the other side of the world.But enough of these talks about baronesses from overseas. Let us turn to address the indigenous people of New Zealand. And so to my senior siblings and all my elders acknowledgments to you all who have arrived here in Wellington to observe us the faces of the political world standing as one here to pass this bill which will enable families of Ngāti Whātua of Kaipara to have a share in the treasures inherited from our very old people from that extremity of the north. So salutations to you all.]I rise to support the passage of the Ngāti Whātua o Kaipara Claims Settlement Bill along with my colleagues. It has become the custom that all of the speakers with the exception of a few irritating dissenters from time to time support pieces of legislation promoted by the Government to address our historic Treaty grievances. Ngāti Whātuarepresents an interesting case as to how the Treaty grievances in this part of Māoridom have been dealt with.Can I just cast my thoughts back briefly to a former stalwart of the Māori Battalion a senior member in his day of the National Party and chief of Tai Tokerau Eruera Patuawa Nathan otherwise known as Ned Nathan. He took a lead in the Te Rōroa portion of the Ngāti Whātua estate. A number of us felt that it would have been better in all honesty for Ngāti Whātua not to have disaggregated but I quickly learnt to my cost as the chair of the Treaty of Waitangi Fisheries Commission that those matters are best left to iwi. If the descendants of an iwi find that it was not the best thing to do then they can sort that out with their mātua and their whāea not the occasional Dalmatian Māori politician.So that was the first attempt and of course that attempt was marred by the antics of Allan Titford and his neighbour Mr Harrison who in the areas of Whāngaiariki and Manuwhētai lodged a host of very destructive acts against a small group of Ngāti Whātua all of whom have gone now: Lovey Te Rore Raiha Pāniora matua Ned Nathan and a host of others. Then we turned our attention to what is commonly known as Bastion Point or Ōrākei and that was a portion. Then we also—prior to a number of us coming into politics—watched the Te Uri o Hau settlement. And now we come and today support the descendants of Paora Tūhaere and a variety of other tūpuna around this area of the Kaipara.I think a couple of things need to be pointed out: that there is a range of assets tied up in this settlement but there are also first rights of refusal. I have to single out the Minister for Treaty of Waitangi Negotiations and congratulate him and his team on getting together the multiple interests that comprise the Tāmaki-makau-rau Māori ancestral community—I think they are the iwi collective—because it has not been easy. Indeed the High Court exasperated I am sure had to poke its nose into the affairs of Ngāi Tai. One wonders whether once a group gets so small that it is almost sort of an appellation problem they should not have joined forces with the Ngāi Tai further down the countryside but then again that is not for an MP to say. But things can be observed in the House without being sued for such observations. It might change when we get on the marae. But the Minister and no doubt the Minister of Māori Affairs shepherded forward these groups.I raise it only in the context that this hapū this group has interests in the area around Whenuapai Hobsonville and a large block of Crown land formerly dedicated to a military purpose—I believe it was in our time—through the Public Works Act or words to that effect which came back into serving another Crown purpose called “housing”. Recently I went to this development when I popped in to visit Māoridom’s most famous accountant called Rob McLeod currently the Chief Executive Officer of Ernst and Young in Australia—no doubt a contributor to the other side of the House but that will soon be redressed. I looked at that Hobsonville development and I send a signal to my relations up here: guard jealously the first rights of refusal because the goodwill evinced through this Minister for Treaty of Waitangi Negotiations and a variety of other politicians does not necessarily go forward to the next generation of politicians.In the future you will have to look at the first rights of refusal and establish whether they are a kosher example of the Crown still needing use of such property and such resources. We can all agree in that part of Tāmaki-makau-rau that when it was used for the military it was beyond cavil. But when it moves into a kind of housing development—and I am not being partisan because we on our side of the House initiated it—and I look at those developments I have no doubt in my mind that very few people from that part of the Kaipara from Ōtakanini Haranui and other such places are going to find a home on land that was originally Crown land and has since beendedicated to serve a Crown housing purpose. But that is more of an issue that belongs in social policy rather than a signal to the visitors here today to guard jealously the first rights of refusal and ensure that when the Crown makes a call not only is it to your interests but also no one is exploiting it to your disadvantage.It may actually have the capacity to sully the day that we raise commercial matters of this nature when there is a great deal of symbolism and history to be commemorated in this part of the bill’s journey but at the end of the day all our fine rhetoric has to turn into an economic reality. There is a good opportunity here in the forestry asset. It is also valuable real estate which over time will grow in value and it may come to pass that pine trees are not the best thing to do with the Woodhill Forest but the value is that it will be your decision subject to the various nooks and crannies of the contract that lies upon that land. The Kaipara Harbour does need a great deal of remedial action. The fact that there are statutory acknowledgments and a willingness to take on the cultural leadership only bodes well for the future management and stewardship of the Kaipara. In days gone by that was the huarahi—that was the waterway.Kia manawa nui kia manawa roa kia kaha koutou ki a koutou. Ka hoki ngā whakaaro ki tō koutou matua nā mātou i karanga ko Happy Dynamite ēngari ko Hapi Pīhema. Nāna mātou i mau ki Ōtakanini mātou i ahu mai i roto i Muriwhenua. Ka haere ki konā ki te mātakitaki i ngā mahi whakatere kūmara whakatupu kau whakatupu kararehe. Kua pau katoa rātou ēngari ēnei kaupapa i nāianei e amohia ana e koutou. Hoinō tā mātou ngā kanohi Māori ahakoa ko Tau ahakoa ko Pita ko mātou he tautoko i a koutou me tā mātou kī i te tūpono he raruraru karawhiua mai ki a mātou pēnā e oti i a mātou tētahi rongoā kia kore rawa atu ēnā momo raru e māturuturu tonu ki roto i a tātou tamariki mokopuna. Nā reira tēnā koutou tēnā tātou katoa.[Be big-hearted be long-hearted find strength in each other. My thoughts go back to your elder whom we called Happy Dynamite but who was really Hapi Pīhema. He was the one who took us to Ōtakanini those of us who were from Muriwhenua. We went to observe operations involved in launching kūmara breeding cattle and animals. They are all gone now apart from these proposals that you bear now. All we the Māori members can do whether it is Tau Pita or us is to support and say to you that should a problem arise fire it in our direction for us to find a remedy so that those kinds of problems do not filter down to our children and grandchildren. And so greetings and salutations to you and to us all.]NICKY WAGNER (National—Christchurch Central): Kia ora. Tēnā tātou e te Whare. It is a privilege to be part of the Māori Affairs Committee and to play a very small part in this historic settlement between the Crown and Ngāti Whātua. Today is a special day in Parliament because everyone in this House supports this settlement and it does not happen very often that we get unanimous support out of the House. Everyone supports this settlement for a good reason: settlements enhance the mana of iwi unlock their economic potential and help New Zealand become a more culturally rich and more economically productive country.I come from Ōtautahi/Christchurch and I happened to be in Wellington at the time of the Ngāi Tahu settlement so many years ago—1996. Although I had no knowledge of the Treaty process at that time—and actually not many people did because it was very early days—I shared in the celebration and I have seen the enormous benefits culturally socially and economically that that settlement with Ngāi Tahu has delivered. Those benefits have been not just for the people of Ngāi Tahu they have been for the people of Ōtautahi and the people of the South Island. There is a stronger better relationship between both peoples since that settlement occurred.Ngāti Whātua have a very strong vision for their future and we in the House all support that and believe that this settlement is a step towards it. Being the originalinhabitants of that Auckland area a most beautiful part of our country and now a magnet for so many new inhabitants life has not always been easy for this iwi. Their original friendship generosity and hospitality were not always returned in kind. This settlement focuses on cultural and historic redress and includes an agreed historical account and Crown acknowledgments which form the basis of a Crown apology to Ngāti Whātua and that is a very good thing.I am excited about the potential of this settlement and I would like to wish Ngāti Whātua all the very best for their future and for future generations to come. Tēnā koutou tēnā koutou tēnā koutou katoa.Metiria Turei: Mr Speaker—Mr DEPUTY SPEAKER: Is this a split call?Metiria Turei: No Mr Speaker. It is not.Mr DEPUTY SPEAKER: Thank you. I call Metiria Turei.METIRIA TUREI (Co-Leader—Green): Kia ora koutou katoa. He mihi aroha ki a koutou. To those of you in the gallery today who are here to witness the second reading and Committee stage of the Ngāti Whātua o Kaipara Claims Settlement Bill tēnā koutou e te Whare. I want to take just a very small call to acknowledge and to pay my respects to the iwi who have completed this process in as far as it has gotten so far. We are very close to the conclusion of this legislation and this settlement.As has often been repeated in this House by me and by other colleagues we have always had real concerns about making sure that the process for settlements is fair and that those who have been the victims of the State’s unlawful behaviour in the past are able to have—not mana restored because their mana has never been lost; it is the Crown’s mana that has been lost in the process not the mana of the iwi—their rights restored to at least some extent through these deals and to have the chance to make some future decisions with land and resources that otherwise would not have been returned. Although we would rather that there was more returned to the iwi that they were fully restored and compensated for the losses that they have suffered we are pleased that there is at least some restoration of those resources.So I just wanted to acknowledge that history and these issues but also perhaps to identify one concern I have about this legislation and that is a message to the Auckland Council not to the iwi themselves. There is a description in the bill of the iwi having gifted land for various purposes that has been gifted away in terms of the council and the Auckland Council was very concerned about the return of that land to the iwi because it is being used as a reserve—not for the purposes for which it was gifted I would say but for other purposes and those purposes are public land as a reserve. The council is very concerned to try to retain that use of that land.But this is the point: when we return resources that either were wrongfully taken or were taken under an agreement that was not honoured it is not up to the State the Crown or Crown agents like the council to put conditions on the use of that land. It is our obligation and the obligation of all of the agents of the State to return that land and it should be for the iwi to make decisions as to what happens to it. I notice that there are still some issues around that with this particular land that is being returned to the iwi. There are zoning issues with that land in that the council will still have to make some decisions to enable the iwi to be able to use the land as they see fit as is right. So I urge the Auckland Council and those members of Parliament who are involved in Auckland or are from Auckland to make sure that they step out of the way and enable the iwi to be able to have full use and decision-making over this land. It is theirs and they are entitled to do that within the bounds of the law. Trying to retain some control over the use of that land in order to meet other purposes is just not right.So I hope that the Auckland Council is able to respect the fact that this land now belongs to the iwi and make sure that every possible legal encumbrance is removed from that land to make it possible for them to use it as they best see fit. I look forward to the Committee stage. I understand that we will be voting on not only the second reading of this bill but also the amendments to this legislation. Therefore I look forward to the third reading in time when this deal will be completed and the iwi will be able to take these resources and do with them as they see fit. Tēnā koutou katoa.AARON GILMORE (National): I first of all want to pay greetings to the people from Ngāti Whātua who have come here from so far for the debate on the Ngāti Whātua o Kaipara Claims Settlement Bill. I feel a bit embarrassed because I am a recent arrival back to Parliament. I got here on 19 February and I have not been part of the select committee process. But during my sabbatical out of Parliament I did actually visit the beautiful part of the Kaipara Harbour and I found it a very stunning place. I enjoyed camping actually in the campground that I think you are going to take ownership of in a very short period of months.For me I think Treaty settlements are always a beautiful thing and they give as my grandmother said karaka seeds to make great orchards from in the future. I believe that this Government that we are a part of and Minister Finlayson have a great focus to get more of these settlements done as soon as possible.I did not know about the history of Ngāti Whātua until recently and I was reading about it as part of a speech this morning. Ngāti Whātua had a major battle with Ngāpuhi in 1822 and it led to a major loss of life which actually led to the signing on a sale of land with Governor Hobson in 1840. That actually led to the situation we find ourselves in today.My ancestors were involved in the Ngāi Tahu settlement in 1996. I was too young to be involved in that process. I think many people thought at that time that it was not enough and people wanted more redress but Ngāi Tahu have gone on to show that even with small karaka seeds you can go on to create massive wealth. I look forward to Ngāti Whātua doing the same in time. I want to thank the members of the Māori Affairs Committee who did all the work on this bill. I give you the guidance of the gods to go forward and multiply and I look forward to talking further in later stages of the bill. Thank you.Bill read a second time.In CommitteeHon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I seek leave for all provisions of the bill to be taken as one question.The CHAIRPERSON (Lindsay Tisch): Leave is sought for that purpose. Is there any objection? There is no objection.Preamble Parts 1 to 4 schedules 1 to 4 and clauses 1 and 2Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): Could I just give a brief overview of the Supplementary Order Paper 217 to the bill because it makes changes to four clauses and one schedule. These changes are very technical amendments and what they do is ensure that certain cultural redress properties are able to be vested as intended by the deed of settlement. In most cases these amendments are to ensure that what is being recorded on computer freehold registers is in fact accurate.The question was put that the amendments set out on Supplementary Order Paper 217 in the name of the Hon Christopher Finlayson be agreed to.Amendments agreed to.Preamble Parts 1 to 4 schedules 1 to 4 and clauses 1 and 2 as amended agreed to.Bill reported with amendment.Report adopted.Waitaha Claims Settlement BillSecond ReadingHon Dr PITA SHARPLES (Minister of Māori Affairs) on behalf of theMinister for Treaty of Waitangi Negotiations: I moveThat the Waitaha Claims Settlement Bill be now read a second time. The Waitaha story is significant in the history of our country. The Waitaha story is that of an iwi who never ceded sovereignty to the Crown. The story of Waitaha is that of an iwi who sought to uphold its mana. The story of Waitaha is that of an iwi who have been devastated by the cumulative effects of the Crown’s acts omissions and breaches of the Treaty of Waitangi and its principles during the 19th and 20th centuries. The story of Waitaha and its relationship with the Crown is one that almost saw the iwi itself disappear.The purpose of this settlement is to recognise and settle past wrongs of the Crown in relation to Waitaha. Although this settlement will see the Crown provide Waitaha with cultural financial and commercial redress as with all Treaty settlements full reparation for the losses suffered by Waitaha is not possible. This is something the Crown has to live with.I wish to acknowledge the work that Waitaha has done to reach this day. It has not been an easy journey and I am humbled to stand in the Parliament today to say that through this settlement the mokopuna can look forward to sharing a prosperous future together.Waitaha descend from Hei and his son Waitaha who arrived on the wakaTe Arawa. Over time the uri of Hei settled along the coast extending from Katikati to Ōtamarākau and to the island of Tuhua. Waitaha has close whakapapa links with Tauranga Waikato Ngāi Tahu Ngati Porou Ngāti Kahungungu and Te Arawa. By the 1840s Waitaha primarily occupied the land between Tauranga Harbour in the west and Waiari River in the east as well as staying inland. Waitaha never agreed to cede their mana to the Crown. Most Waitaha rangatira did not sign the Treaty of Waitangi. Only Te Kou o Rehua of Ngāti Te Puku o Hākoma signed the Treaty when it was brought to Tauranga.The Crown acknowledges that it breached the Treaty of Waitangi in its relationship with Waitaha. The Crown acknowledges that the acts omissions and breaches of the Treaty of Waitangi and its principles that it committed during the 19th and 20th centuries had the most devastating consequences for Waitaha which almost led to the extinction of that iwi. Waitaha brought their Treaty claims to tell their story and their fate of their tīpuna. Their tipuna Hakaraia is central to that story. Waitaha regard this settlement as a tribute to Hakaraia and his efforts to prevent the alienation of Waitaha land. So in the journey through the Waitangi Tribunal inquiry process continued through this settlement with the Crown the mana and reputation of Hakaraia has been restored.Hakaraia was a prophet and a rangatira. He was a man of peace. He sought to engage peacefully with Pākehā. However the Crown brought war to the province in the 1860s. In an attempt to subdue the influence of the Kīngitanga Hakaraia and Waitaha were subsumed by this conflict and its consequences. Hakaraia did not surrender and was considered by the Crown to be an unsurrendered rebel. The Crown punished Waitaha severely. The Tauranga raupatu effectively and efficiently undermined the economic well-being of Waitaha. After the death of Hakaraia the Crown inflicted furtherpunishment by withholding a large amount of Waitaha land. If this was not enough the impact of the Native Land Court served to extinguish what little Waitaha land title was left. Such was the impact of this alienation it almost led to the disappearance of Waitaha.I am confident that through this settlement the burden that has been carried by the whānau of Hakaraia and of all Waitaha will be lifted. At this time I acknowledge those who carried the burden of wrongs suffered by Waitaha who have passed away without seeing this day. Me mihi anō au ki a rātou. Moe mai ngā rangatira mau tonu koutou i ngā ngākau nei o ngā uri whakatipu.[I must pay tribute to them once again. Slumber there esteemed elders you will remain in the hearts of successive generations for ever.]What I have summarised only briefly touches on the mamae the pain that Waitaha has had to endure and carry. When things like this happen it is not just about land territory it is about the decimation of a social structure a tribal structure and their whole value system becomes decayed underneath a monetary economy and new laws. So the pain and what they have had to endure has been almost complete. Waitaha and the Crown began this process by signing terms of negotiation and agreement in principle in 2008. This led to the deed of settlement being signed on 20 September 2011 at Hei Marae in Te Puke.In summary the settlement will provide Waitaha with a cultural financial and commercial redress package. Cultural redress for Waitaha includes the $3 million education endowment fund in the name of Hakaraia Mahika. The Crown will vest in Waitaha two urban cultural sites a scenic reserve based on the Maunga Ōtara Maungaruahine Pā Historic Reserve and the land at Papamoa including important parts of those. An overlay classification known as Te Whakairinga Kōrero will be provided for in this bill. This is a Crown acknowledgment of Waitaha values and an agreement on protection principles applying to two important mountain sites.The bill will also provide for a deed of recognition of special association of Waitaha with five areas of conservation land along the ancestral mountains within the Waitaha rohe. The Crown will provide statutory acknowledgment of Waitaha statements of their cultural spiritual historical and traditional association within 15 statutory areas including the peak of Maunga Tipuna Ōtānewainuku the beds of several watercourses including the Kaituna River and the coastal area between Mauao and Maketū. I acknowledge that $1.3 million has already been provided to Waitaha to prepare full historical accounts of Waitaha and Hakaraia and as a contribution to the restoration of Hei Marae and for other cultural support purposes.The Crown will provide letters to Ministers to its own Ministers encouraging support for Maranga Waitaha—a link to Government initiatives to assist the social economic and cultural needs of Waitaha. The Crown will also provide letters of introduction to local authorities and the Crown will institute three ministerial protocols relating to taonga tūturu conservation and Crown minerals. Financial redress for Waitaha includes the payment of $7.5 million plus interest from an agreement in principle signed in March 2008. Commercial redress for Waitaha includes a right to purchase three land bank properties on settlement a right to purchase five sites on sale and leaseback properties and a right to purchase other land bank properties. I wish to thank Waitaha ahakoa kāre rātou i konei i tēnei rā [even though they are not here today] for the way in which they have resolved issues with neighbouring iwi both with Tauranga Moana to the west and Te Arawa to the east.I acknowledge that by choosing to enter into full and final settlement with the Crown Waitaha has agreed to forgo full reparation for the mamae suffered. For their generosity I really thank them and acknowledge them. This is also an opportunity forthe Crown to restore its own tarnished honour and I hope that this settlement will mark the beginning of a stronger relationship with Waitaha a relationship based on trust cooperation and respect for the Treaty of Waitangi. I commend this bill to the House and look forward to this bill proceeding to the Committee stage without delay. Thank you.Hon PAREKURA HOROMIA (Labour—Ikaroa-Rāwhiti):E te Kaiwhakahaere tēnā koe. I roto i āku te nui o ngā whakaaro mō tēnei tino kerēme. Mai i ōku tau e 40 pea hīkoi kaha atu au mai i te motu kite atu i ngā marae ngā iwi ngā hapū ngā piki ngā heke e mōhio atu tātou te nui o te Māori ngā mea taumaha nā te tiamana. Ēngari nā te mea i roto i āku tēnei anō wētahi o ngā tino iwi e mau kaha rawa atu te iwi Māori. Ahakoa te takahia o ngā hōia te Kāwana te tangata whenua kei reira kē rātou e mau ana te māhore i roto i tō rātou āhua. Te mea hoki kāre rātou e whakahoki riri ki te Kāwana nā tō rātou whanaunga tata ahakoa ngā piki ngā heke i reira kē. Pērā i a te nui o tātou kite atu tātou i te tangohia o te katoa o ngā whenua ō rātou. Takariri atu tō rātou mahi ki te takahia te tupuna a Hakaraia wētahi o ngā tino rangatira o wērā atu hoki. Mōhio atu tātou mai i te 1865 he raruraru te mahi o te Kāwana ki a rātou.Te pai hoki mō te rangi nei ka ora anō ngā kanohi Māori. Te Pāremata nei e whakatikatika tērā raru kia ora rawa atu. Nō reira mihi kau ana ki tō tātou Minita a Chris Finlayson mō tana kaha ki te whakatikatika. Tēnā koe e tō tātou Minita me tō tātou kaiwhakahaere o tō tātou komiti me te mahi o Tākuta Pita. Tika atu ki te mihi atu ki ōku hoa o muri a Michael Cullen a Mita e mahi atu a muri i te take nei. Ahakoa kāre i konei wētahi o rātou e mōhio atu tātou kei te tinanatia atu tō rātou whakaaro mō te oti pai o tēnei kerēme.Tukuna atu he tino mihi ki a Tame rāua ko Punohu wētahi o ngā tino koroua kuia e oti atu i tēnei take. E kite atu rātou te rere haere o te nui o ngā pakeke i reira ahakoa i konei kē wētahi e ora ana a Maru Tapsell a Whareoteriri Rāhiri pērā i a Mike Nahu Āreta Gray Shane Ashby me Rāhera Ōhia. Kāre e tika i te mau ingoa ka waihotia atu wētahi ki waho. Ēngari i roto i tō rātou kaha e whakahurihuri mō te oti pai o wētahi o ngā kerēme pērā i a Mauao. Kore atu e whakahoki rātou o tēnei wā kāre e oti atu kāre e taea te tōti pērā i ngā kerēme tata ana ki a rātou. Haere tonu atu rātou haere tonu atu rātou e whakaae atu rātou. [Interruption] Tēnā koe Mr Speaker. That is most probably them ringing up in traffic. But e tika atu ki te mihi atu ki a rātou mō tō rātou kaha.[Thank you Mr Speaker. I have many thoughts about this claim. From the time I was in my 40s I travelled the country with much vigour visited courtyards tribes and subtribes and witnessed the trials and tribulations alluded to by the chairman that we are aware of and that many Māori experience. But there is a feeling in me that this is one of the most persistent tribes of all in Māoridom. Regardless of the fact they were trampled upon by the militia Government and locals they remained there bemused. The thing also is that they also did not seek revenge against Government because of their close relationship and despite the ups and downs. It was not like that with the majority of us. The consequence was that we saw all their lands taken from them. The abuse inflicted upon the ancestor Hakaraia and upon the real big chiefs of others as well caused anger. We know that from 1865 the Government caused much trouble for Waitaha.What a wonderful day this is as Māoridom will become revitalised once again. This Parliament will rectify that problem for ever. And so I commend our Minister Chris Finlayson who worked hard to put this right. I doff my hat to you. As well I acknowledge our chairman of the select committee and what Dr Pita has contributed. It is apt indeed for me to acknowledge my former colleagues Michael Cullen and Mita who worked behind the scenes. Although some of them are no longer here we know fora fact that their thoughts are being implemented in terms of this claim being completed well.A special tribute is extended to Tame and Punoho two of the key elders of a number of them who worked to bring this matter to fruition. They have witnessed the passing of many elders that were there in their day but some are still alive and present here today like Maru Tapsell Whareoteriri Rāhiri Mike Nahu Āreta Gray Shane Ashby and Rāhera Ōhia. Mentioning names is not really the proper thing to do in case someone is overlooked. But through their efforts to turn things round some claims have been completed like the Mauao one. Some will not be returned to them at this time; it will not be completed. They cannot dodge them like the closest ones to them. They will continue to move forward until they reach an agreement.[Interruption]Tēnā koe Mr Speaker. That is most probably them ringing up in traffic. Butit is right that their efforts be acknowledged.]I suppose the majority of this legislation the Waitaha Claims Settlement Bill talks about the land compensation. Well I think that the package is good and that the Minister for Treaty of Waitangi Negotiations and his officials have done well. The Crown’s actions which left Waitaha virtually landless are some of the most shocking in this country not just because of the size but because of the type of people they were. As I said having moved amongst the iwi over several years—I know a lot of the Māori faces in here—these are some of the most humble people I have known even though they tell me “Oh no we’re rough with each other.” That happens.The iwi have had spread affiliation and they have a shared split difference with Ngāti Mākino. This settlement package certainly has a historical account an acknowledgment and an apology and the transfer of eight sites of cultural and spiritual significance. As my colleague Shane Jones said protect the first right of refusal or any right of refusal and make sure that the public land is available—that they get to use it if they need it.There are a number of statutory acknowledgments which has always been an issue for them. The biggest one I suppose is the re-recognising of Hakaraia their tupuna. It has the same travelling pattern as Hone Heke and Te Rauparaha. It is quite a fascinating read and study. It depends on whose world view is cast and set on it. This is a great settlement—it really is. That people try to fade it into memory loss is a bit of a joke subject because it is easy to understand. It is no different to what happened to the Welsh and the Irish and the Scots and the Irish too I imagine. I know that they get upset when I tell them that they are all British but we are all Māori as first tangata whenua and we are New Zealanders and we cherish both of those. That is the strength of Waitaha. They really respected that. It is a unique cultural revitalisation and recognition package. With the marae the Hei Marae I wish them all the luck because despite where they could have gone what they have done they have just preserved their building. And it needs more than repair. It needs a lot of support but people are genuine enough to do that.The biggest thing for me with my friend the Minister for Treaty of Waitangi Negotiations is the relationship instruments to assist in enhancing Waitaha’s relationships with a number of Crown ministries. Those ministries and regional and local authorities you know have this paepae development where the ministries are here the settlements are here but within a year they disappear. Well I know with this Minister for Treaty of Waitangi Negotiations that he has put the heat on.The rest is there. It is a given. During our Māori Affairs Committee consideration of the bill we received and considered 20 written submissions. Our chair Tau Henare visited them and we have done well as a select committee to play our part. Of course the Labour Party supports this Waitaha Claims Settlement Bill to the Committee stage.We are very proud to be here today with other members and parties to show that if we have a common interest we can synchronise for the better of Māori and this nation.Nō reira tēnā anō te mea i roto i a au whai kaha muri i a rātou o Waitaha. Mihi kau ana ki a rātou ahakoa kāre i konei ngā kanohi e mōhiotia atu e tātou. Kei te mau whakaaro kei te mau mahana atu rātou tinana mō te oti pai o tēnei. Tēnā tātou.[And so that is also the thing inside me: get behind them of Waitaha strongly. I commend them indeed even though the faces we recognise are not here. We give due thought and warmth to them for this to be completed well. Salutations to us collectively.]Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): Can I begin by thanking Mr Horomia for that speech which displays his customary generosity of spirit. This is a very important settlement as he observed because it settles longstanding grievances between Waitaha and the Crown. As he observed it very importantly recognises the importance of Waitaha leader Hakaraia and the identity of Waitaha. Once upon a time this was a powerful iwi but because of the loss of land they became fragmented and have never been able to unite again. This settlement allows for Waitaha to reassert their tribal identity and to re-establish their tribal base.The Māori Affairs Committee has considered the Waitaha Claims Settlement Bill. It has submitted its commentary to the House and once again I want to thank Mr Henare and his team for the work they have done on this bill. They have dealt with it very quickly but very carefully and I acknowledge that. I want to also thank other Ministers and departments who have worked on the bill.The select committee hearings raised a number of difficult issues for Waitaha. They had to make a number of concessions so that their bill could be progressed. One particularly difficult issue has been the Crown’s decision to vest the Waiari Stream conservation area in Tāpuika which is a neighbouring iwi. During the select committee consideration a number of members of Waitaha raised concerns about the vesting of that particular site in Tāpuika. I certainly want to say that throughout the settlement Waitaha have shown great patience and perseverance in the resolution of their overlapping claims. Their leaders have been principled they have been courageous in their discussions with their neighbours and they have at numerous times agreed to what could only be described as innovative solutions to enable the settlement to progress on to a second reading.The ngā pae maunga redress which is the vesting of the peaks of Ōtara and Ōtānewainuku in six iwi that have cultural associations with these peaks is a positive result of overlapping claims discussions between the iwi. This is a part of the world as Mr Horomia would know where overlapping claims are intense and they can result in very lengthy and difficult discussions but we have achieved a very positive result here. I want to commend the effort of the chief Crown negotiator Patsy Reddy and the iwi themselves for reaching a result that all iwi could support and I am very happy with that. As a result of the amendments agreed to at the select committee the legislation will provide for the ngā pae maunga redress which will be implemented through an Order in Council once the final iwi reaches a settlement. I am very pleased and grateful to the select committee for the tremendous work it has done.I just want to emphasise the point that this is not a deal. If there is a term that irritates me it is the idea that it is sort of some kind of mere commercial deal. It is much more important than that. The Green co-leader sometimes comes down to the House to give us a lecture on social justice and talks about deals—resplendent in her Adrienne Winkelmann jackets—and really I think that she lets the side down when she talks like this because these are very important matters for the Crown and iwi. There is acommercial element and the first two speakers have both referred to that but it is much more than that. It is a very sacred compact between the Crown and Māori that has to be observed.The other thing that I would observe is that this is not the end. This is the end of the beginning. The post-settlement relationships are indeed very important which why we have set up an office following on from discussions I had with Mr Horomia last year to make sure that after the settlement and with the new relationship having been recognised—there is an office that we have set up; I believe it is going to be a very important one—there is a whole-of-Crown responsibility to ensure that what we say we are going to do in deeds of settlement we actually do not just while I am the Minister for Treaty of Waitangi Negotiations but for years to come.I am very happy that we have reached this stage and look forward to the Committee stage so that we can have this very important settlement enacted.RINO TIRIKATENE (Labour—Te Tai Tonga): Tēnā koe Mr Speaker. It is a pleasure to take a call on the second reading of the Waitaha Claims Settlement Bill. I must be honest by the name Waitaha I initially thought that it related to Waitaha in the South Island because Waitaha is the original iwi of the south. Then there was Ngāti Māmoe to follow and then Ngāi Tahu but we are all connected.I was really pleased to learn the history of Waitaha nōTe Arawa when this bill came before the Māori Affairs Committee because it is about reasserting identity for their iwi. This bill definitely makes some really good steps in achieving that as the Minister has said. This is the start and we witnessed some wonderful accomplishments that the iwi are doing already in terms of their settlements. For instance there was the restoration of their marae Hei Marae. When we were up in Te Puke we saw newsletters inPāuanui of how proud they were of their new marae and of learning their waiata their whakapapa and their tikanga. There is also work going on about the historical account documenting the history the story of Waitaha and also their great chiefHakaraia. That flows through to education endowments as well which form part of the settlement. Those are very satisfying and rewarding aspects to see—to meet the people to see them on their home patch and to see that they are getting on with things and thriving in their own kāinga. So I was really thrilled to have taken part in the select committee when we went up to Te Puke.As I like to say Māori history is all about whakapapa and connections and there are a lot of connections that Waitaha have that go back many many many generations. It was also quite enlightening to hear—as we know—that every other iwi and hapū have their own histories as well so we heard a range of views. I noted with interest the submissions around the shared interests of Ngāti Ranginui Ngāti Pūkenga Ngāi Te Rangi Tāpuika and Waitaha. It is great to see within the bill that there is that joint acknowledgment of their shared interests in the peaks of Ōtānewainuku and Pūwhenua.The story of Waitaha is very unfortunate. As we know their chief Hakaraia made the decision and they sided with the Crown during the wars. Kei te pai tēnā. But in spite of their loyalty and their loyal duties unfortunately they were not rewarded—well they were actually punished quite severely. That was reflected through the loss of land particularly at Te Puke. There is a long list of bad decisions that led the Waitaha people to become virtually landless. Obviously with the loss of land there came a loss of identity and they nearly became an extinct iwi. That is why I am very proud to be part of the Māori Affairs Committee and that we can reassert the mana of Waitaha through these settlement bills. I commend the officials and the Minister for all the work that they are doing and in particular the negotiating team for Waitaha for their graciousness and their perseverance in dealing with some very tricky issues around balancing the shared and interwoven interests that they have with their other whanaunga—relations—as well.I am pleased to see that some very good solutions have been found particularly around the shared acknowledgments and these are all reflected in the bill as it has come back. We do support this bill. I congratulate Waitaha and I am looking forward to the third reading when I am sure that they will be here in the House and we will be here to tautoko them. Kia ora.CATHERINE DELAHUNTY (Green): Tēnā koe Mr Speaker. Tēnā koutou ngā manuhiri katoa o te motu me te Whare. He mihi nui ki a Waitaha whānau hapū iwi in the second reading of the Waitaha Claims Settlement Bill.[Thank you Mr Speaker and salutations to all the visitors of the nation and the House. A special acknowledgment to the family subtribe and tribe of Waitaha in the second reading of the Waitaha Claims Settlement Bill.]It is our privilege to debate the second reading with no opposition to the redress proposed. Last night tears of joy and loud exclamation filled this House. Today a quieter but as deeply felt sense of justice permeates the kōrero. This process is so fundamental to our nation that I do wish the gallery was as full as it was last night. Every part of the whenua—ngā maunga ngā moana ngā awa—of Aotearoa is part of the rangatiratanga of the tangata whenua and this negotiation under Te Tiriti o Waitangi is lifelong for all of us. The form of the dialogue may change but it will always continue.The Green Party wants to acknowledge ngā tūpuna o Waitaha and the iwi hapū and whānau today who have worked so hard to get to this point. They have some key objectives in their negotiations which are to restore the mana and identity of Waitaha and of their tupuna Hakaraia correct the history of Waitaha and provide a foundation for the ongoing development of Waitaha through cultural revitalisation social enhancement and economic and political participation—and the Green Party says tautoko to that. Those key objectives need to be met as fully as they can be.Clearly along the road the Māori Affairs Committee did some really good work as did Waitaha and the Minister for Treaty of Waitangi Negotiations in negotiating the overlapping claims around the maunga. It is obviously a very challenging issue but some major progress was made around joint cultural redress in the vesting of the peaks of Ōtānewainuku andPūwhenua to the iwi of Tauranga Moana Te Arawa and Waitaha. That is an important change that has happened during this process and it does express great generosity when an iwi is prepared to go through that process. It is not new it has always been like this in Aotearoa but it is worth noting and acknowledging.It is also important to acknowledge the Waitaha people whom I have met personally on the issue around the attempt byNewmont Waihī Gold and Glass Earth Gold to mine Muir’s Peak. I met then with some Waitaha people who laid out very clearly their passion for their maunga down to the ocean and their passion for preserving their waterways and protecting the area from mining. It was very humbling to have met those people and I want to acknowledge them.It is important to acknowledge that Waitaha bore the brunt of the colonisation in their rohe and that the story of HakaraiaMahika needs to be widely told and widely understood. A number of other MPs in this House have called for a parallel education process alongside these settlements so that Pākehā and tauiwi katoa in a rohe such as the Waitaha can be educated and can reassess the place where they live. The degree of ignorance amongst some of us cannot be overestimated. For the renaissance of Waitaha to thrive we need to pass this bill but that is only one part of the job. We—and I am speaking as a Pākehā—need to move with tangata whenua so that we cease to be a barrier to the aspirations and rights and dreams of ngā uri oHakaraiaMahika. The cultural aspects of the settlement are important but so is the wero that it is time for all of us to learn the truth of history.I have been a Te Tiriti educator for nearly 20 years and I am still a learner of the basics and a learner of the fundamental stories.Looking at our education many of us were taught nothing at all about raupatu. We were taught migration myths; we learnt so-called stick games and waiata without context. Nowadays supposedly there is a better education but at the same time there is still ignorance and a tendency for the presentation of Te Tiriti o Waitangi to be part of a history class for the few at senior secondary level who choose to study history. It is not history; it is both history and now. And the tendency is for teachers to avoid the controversial issues—the truth of raupatu the truth of racism the truth of privilege and colonisation—because it is painful. Of course it is painful. We all understand that. It is very very painful but it is actually very very empowering when we come to grips with it and can move forward as allies in that process.So that is why education needs to be parallel with Treaty settlement. If the Waitaha Claims Settlement Bill is to meet its potential and the meaning of Te Tiriti of Waitangi is to live in full it is about the present relationships based on all the cultures embracing the colonisation history and through understanding the pain and loss and how some of us have benefited Pākehā can be those allies and supporters. That is vital. We believe that is nowhere more important than in the rohe of Waitaha where the history and the story is virtually invisible and maybe through this process will become visible to more people. That would be a great benefit—if it was visible and understood.Finally I want to address the reason why much to the annoyance of the Minister for Treaty of Waitangi Negotiations the Green Party talks about Treaty settlements in relation to deals. It is not to disrespect any of the processes or in fact the fantastic journey that people take; it is to acknowledge that we are not able to provide full redress through Parliament. If somebody stole my car and then offered to give it back to me but I first had to prove that the hub-cap which is all I was getting back even though it was dented was really my hub-cap or whether it was my friend’s hub-cap down the road I actually think I might feel that that was slightly unfair and that it might be considered to be a form of a deal. There is no disgrace in acknowledging the limitations that are possible. There is no disgrace for any of us in acknowledging that we cannot return to where we were in this country in the 1800s but there is disgrace in pretending—and I do not think anyone is in this House—that it is over that it is settled that it is done. We will not have settlement in the deeper sense—settlement inside our hearts and our minds—until we have learnt the true history of this country and when all parties respect the journey of Waitaha—all parties. The Crown and Māori cannot do it by themselves. It has to be the public of Aotearoa who come on board. There is a role for the Crown in education as well as in negotiating these arrangements.So with those words I would like to acknowledge the positive achievement of the Waitaha Claims Settlement Bill. We look forward to supporting the third reading.Hon TAU HENARE (National): I want to start by reciting recital 2 in the preamble to the Waitaha Claims Settlement Bill: “Waitaha are an ancient iwi who descend from Hei and his son Waitaha who arrived on the waka Te Arawa. Their area of interest extends from Waimapu to Mauao along the coastline to Maketu and inland to Ōtanewainuku. By the 1840s Waitaha primarily occupied the land between Tauranga harbour and Te Puke. During the 1840s and 1850s the Waitaha leader and prophet Hakaraia preached peaceful engagement with Pākehā.” I want to now go to recital 12 of the preamble: “By the end of the 19th century Waitaha were virtually landless and had insufficient resources to sustain themselves. According to Waitaha this forced some members of the iwi to follow other tribal affiliations. Waitaha express this impact in the whakataukī ‘Kō Waitaha te iwi he tangata ngākaurua’: Waitaha was once a powerfultribe but because of the loss of land they became fragmented and have never been able to unite again:”.Through a natural process iwi morph into other identities as time goes by. If left to happen naturally it is a wonderful thing. I think there would be maybe only two or three people in this House who know of the big iwi Ngare-raumati. It does not exist any more as we know it. It morphed into another entity. What I am saying is that there is a natural move over time into other identities and entities such as Ngāpuhi such as other tribes. So when I saw this settlement I thought: “Oh Waitaha down in the South Island is getting a settlement. I think that’s really cool.” but when I read further and further and further into it I did not realise that there was a Waitaha based in the Bay of Plenty. This is not one of those entities that takes a natural progression into something else. This happened because of its relationship with the Crown. When we look at it now it is beyond decimation. Their members whakapapa to other tribal districts and other tribes. They are very proud of their whakapapa their genealogy. But you are left with—and I hazard to use this term—genocide in a way. Do not freak out about the use of the word “genocide”. It happened.Hon Dr Pita Sharples: It’s just genocide.Hon TAU HENARE: You know it is just genocide. We should accept that that is actually what happened.But more to the point how do we resolve their hurt their decimation? It is through these things that we begin to I suppose start again. I think it is a wonderful thing that iwi Māori do remember where they come from. I am sure that there are people who do not realise that Awanuiārangi is a tipuna of the north. Kahungunu was born in the north. All these sorts of famous people being born in the north—[Interruption] Oh sorry bro. It is part of the history of our land and this is just part of that story. I am pleased that our Minister for Treaty of Waitangi Negotiations the Hon Chris Finlayson and Uncle Pita have actually worked fastidiously trying to bring together a deal that is acceptable to the Government is acceptable to iwi and is acceptable to the members of this House.I just want to mention Catherine Delahunty’s speech. We could have some real fun looking at ways of how to pay—truly pay—for the recompense. We could take the tax off the tobacco industry. There are all sorts of nice little ways we could do it but we have decided that this is the way to do it. I think everybody understands that it is not enough but it is a hell of a start on the road to recovery for a people like Waitaha. I will not take any more time other than to say congratulations to the Ministers congratulations to this House and also congratulations to Waitaha on opening another door that may lead to them getting back to where they once were a while back. Kia ora.TRACEY MARTIN (NZ First): Kia ora. Tēnā koutou katoa. Ko tēnei taku mihi nunui ki a koutou i tēnei wā. Tēnā koutou tēnā koutou tēnā tātou katoa.[Thank you and greetings to you all. This indeed is my huge salutation at this point in time to you collectively so greetings acknowledgments and salutations to you all.]I rise on behalf of New Zealand First. As I was not and I am not a member of the Māori Affairs Committee I will rise to take a very short call on the Waitaha Claims Settlement Bill. There is a very well-known Māori saying “He aha te mea nui o te ao? He tangata he tangata he tangata”. What is the most important thing in the world? It is people it is people it is people. What we know to be true because history has shown us this is that words on a page are only as good as the people who either abide by them or implement them. A settlement a contract a treaty is only as good as wise as effective as the parties who place their signatures on the final page and those who are then delegated to make it work. There are many people throughout the world who know that to be true and so it is with these settlements.New Zealand First notes that this settlement has among other things a deed of recognition agreed over five areas of conservation land among the ancestral maunga—a deed of recognition that must be referenced by the Department of Conservation. There is also recognition of areas of significance for Waitaha that are significant to other iwi as well. Many of these settlements will be only as good as those who work on delivering the futures possible through them. The futures that can be created from the settling of these pasts have to be delivered by committed individuals working for the common good of all in those hapū and iwi. So in the end it will be the people who will be the most important of all.Our history could however give us cause to be concerned that this may also be our weakest link. So now I refer to another well-known saying “When we know better we do better”. It is our hope that as a nation we after 172 years do know better how to respect a contract how to respect each other how to respect our differences and recognise our similarities and how to work together for the benefit of all. Please do not misunderstand my words. When I say “we” I include both signatories to these documents. There must be mutual respect or there will be mutual failure of these agreements.Before I close education is very close to my heart and it is recognised by New Zealand First as one of the pillars of a strong and vibrant future. So we wish to make special mention of the $3 million educational endowment fund in the name of the tupuna Hakaraia. As I am also a believer in the power of knowing your ancestry no matter from what ethnic mix and a strong believer that this knowledge provides an inner strength with which to walk into one’s future New Zealand First also wishes to acknowledge the $1.3 million being provided for a full historical account of both Waitaha and Hakaraia. This will be an asset not only to Waitaha but to the nation. Nō reira tēnā koutou tēnā koutou tēnā tātou katoa.JONATHAN YOUNG (National—New Plymouth): E ngā mana e ngā reo e ngā hau e whā. Tēnā koutou tēna koutou tēnā koutou katoa. It is my pleasure today to stand in support of the Waitaha Claims Settlement Bill. I would like to pass my congratulations to not only the fellow members of the Māori Affairs Committee but also our Minister for Treaty of Waitangi Negotiations the Hon Christopher Finlayson. He is a tireless worker on behalf of not only the Government but also the Māori people of Aotearoa and since November 2008 he has seen eight deeds of settlement per year signed which is a significant number. It expresses our commitment to progress because as a number of speakers have said settlements are very very important not just in the detail of the contract but in the spirit and the heart of what they represent to the peoples of New Zealand. So it is a very good occasion today that we can stand in support of this bill before this House.We know that Waitaha is an ancient iwi that descends from the wakaTe Arawa in the region of the Tauranga Harbour in the west across to Maketū an area where I lived for a number of years. It is one of the more beautiful parts of our nation. I guess every one of us who comes from a different part of this beautiful land appreciates where we come from but you would have to say that this is indeed one of the pristine and beautiful areas of New Zealand.So you can understand in terms of the iwi who became disenfranchised from their land the grief that it was to them and what that does to a people who have lost their connection and lost in a sense their root of where they live and belong. These matters are of utmost importance. They give people identity. They give them their sense of where they belong and their history that goes back many many generations. So when we work hard as a Government to restore these places to people and all the various elements of this it is not just as I have said to do with contracts to do with settlementsand to do with deeds but also to do with the mana the spirit and the intent of what we hope to achieve.We know that this is a great occasion seeing this bill progress here in its second reading. I am very pleased to be a member of the Māori Affairs Committee. I think it is one of the most rewarding committees in Parliament. It is a committee that has great cross-party support and collegiality as we work together to build this nation in a better way to see the restorations take place and the redresses take place so that people here in Aotearoa New Zealand can feel that together we are going forward. This is a great occasion. I am very happy to stand in support and speak in support of this bill. Thank you.Hon SHANE JONES (Labour): Tēnā tātou katoa. Tū tautoko kia kotahi te whiu o te wai i roto i tēnei Whare mō tēnei iwi mōrehu e kīia nei ko Waitaha. Tō rātou tupuna ko Hei. He matua nō Tamatekapua. Nāna te kī i te taenga mai o te waka oTe Arawa ki Aotearoa ka pahure rātou i te wahapū i Tauranga Moana. Nāna te kī “Te papa e takoto nei ko te takapū o taku tamaiti a Waitaha-a-Hei.” Nō reira i pūtake ai te ingoa o tēnei iwi. Tātou e mōhio nei ko te tupuna nei a Hei tōna tikanga ko ōna kōiwi kei te tihi o Moehau. He maunga e pōki ana e te kohu ki roto i te rohe o Tīkapa Moana Hauraki tae noa ki Whitianga. Nā reira tautoko i ngā mihi puta i tō tātou Minita ki a rātou.Tō rātou tupuna ko Takakōpiri. Tokorua wāna tama ko Kūmaramaoa me te Iwikorokē. Ngā uri o Kūmaramaoa ka mōtia ki waenga tonu i te whare tātai o Ngāti Ranginui me ētahi kē atu otirā ko ngā uri a te Iwikorokē ka mau tonu ki tō rātou ingoa ā-tangata ā-whakapapa ā-iwi ko Waitaha.Nā ka heke iho ki te wā i whakaeke mai a tauiwi ki waenga tonu i a tātou ki tēnā rohe o Te Ao Māori ka tupu te raruraru ka mura te riri. Tō rātou tūpuna Hakaraia he mea huanga ngā mihinare ki tēnā ingoa ka tū ki te taha o te Karauna—pēnei tonu i te tū o tō mātou tupuna a Tāmati Waka Nene ki roto o Ngāpuhi. Te take i tū pēraka ai rātou horekau e kitea ana i roto i te aroha ki te Karauna ēngari he rapu huarahi me pēhea rānei ngā mate o mua e ngakia ai. Koiā tō mātou tupuna a Waka Nene i tū ai i te korenga ōna i pai kia toa ai te hīkaka nei a Hone Pokaia Heke nā te mea ko te wahine a Heke he kōtiro nā Hongi Hika. I te takoto tonu i te mamaha tonu ngā nawe i ēra tūpuna take tēnā o rātou i tū aime te Karauna.Nā reira tautoko i te āhuatanga o ngā mahi i oti me te huarahi rōroa atu kei te aroaro o tēnei wāhi iwi a Waitaha kia tino whakapūmautia ai ēnei pānga o te whakawhiwhia ki a rātou. Ahakoa itiiti noa iho ō rātou marae i te mutunga ki te whakapūmautia tō rātou ingoa i roto i tēnei pire eke rawa ki te wā ka tū wā rātou tamariki wā rātou uri ki te parepare ki te kaupare atu i ngā whakawhiunga mai i te Karauna mai i ngā kaunihera mai te ao umanga mai te aha? E whai pānga ana tō rātou reo ō rātou wawata ki te mata o te ture. E kore rawa atu e taea te kī māmā noa iho kia kauparengia ai tō rātou tū me tō rātou rangatiratanga. Nā reira koia tāku e tautoko ake nei.[Greetings to us all. I rise and urge this House that the drive of support for this remnant tribe called Waitaha should be one. Their ancestor was Hei an uncle of Tamatekapua. It was he who stated that when theTe Arawa canoe arrived in New Zealand it sailed past the Tauranga harbour. He proclaimed: “The land lying before us is indeed the abdomen of my son Waitaha-a-Hei.” So that is where the name of this tribe originated from. For those of us who are aware the bones of this ancestor Hei according to tradition are resting on the summit of Moehau. It is a mountain shrouded in mist in the region from the Hauraki Gulf all the way to Whitianga. Therefore I endorse the accolades extended to them by our Minister.Takakōpiri is their ancestor. He had two sons Kūmaramaoa and Iwikorokē. The descendants of Kūmaramaoa were placed directly in between the genealogical house of Ngāti Ranginui and others but at the same time the descendants of Iwikorokē hung onto Waitaha as a name to identify them as a person a tribe and for genealogical purposes.And so we come down to the period when non-Māori came aboard right plumb in the middle of those of us in that area of Māoridom. Trouble brewed up and anger flared. Their ancestor Hakaraia was given that name by the missionaries sided with the Crown—very much like the stance that our ancestor Tāmati Waka Nene took in Ngāpuhi. The reason why they took that stance was not because it would be seen that they were in sympathy with the Crown but rather to seek a way instead to avenge the deaths of pre-European times. That is why our ancestor Waka Nene sided with the Crown: he did not want the brash Hone Pokaia Heke to win because Heke’s wife was a daughter of Hongi Hika and there were still faults steaming between those two ancestors. And that is the reason why they sided with the Crown.And so I support the way everything has been completed despite the very lengthy process ahead of Waitaha this remnant tribe and I support that these shares of what is to be awarded to them will be enacted properly. Regardless of the fact they have only a few courtyards once their name is confirmed in this bill there will eventually come a time when their children and descendants will be able to ward off avert any chastisements from the Crown councils the business sector and from where else? Their voices and aspirations will have relevance to countenance of the law. It cannot be stated emphatically enough that their stance and chiefly autonomy will be easily averted. Therefore I absolutely support it.]A few brief remarks. I support what the Minister of Māori Affairs and the Minister for Treaty of Waitangi Negotiations have said although I will probably not be as charitable to the Minister of Māori Affairs on matters related to Māori land but more on that another time.As is the case Treaty settlements provide an opportunity for little iwi like the one I come from Ngāi Takoto the small dogfish of Rangaunu. It is not the size of the dog in the fight; it is the size of the fight in the dog and that is definitely going to apply to the people of Waitaha. We know the history of Tauranga Moana. We know the connection with the Crown assaults at Gate Pā etc. What we do not realise is that there are some smaller tribes from around this area and far be it from me to use too-casual language but everyone deserves their day in the sun. Their name goes right back to the arrival of theArawa canoe and they have shown a great deal of pragmatism to actually accommodate decisions that the Crown has made to suit neighbouring iwi.I do not want to recite things that have been offered by MP Delahunty because that would move from boredom to despair but no one should take anything other than a staunch supportive role and I have no truck whatsoever with the emissions we occasionally hear unfortunately from MP Metiria Turei on how things could have been better would be better if only she were in charge. These matters need broad support. All of us have our imperfections—even if it does go to the types of hats we wear occasionally—but let us not allow the debate to suffer such a level of pettiness.So we stand and support this particular bill the Waitaha Claims Settlement Bill. We note that there are always going to be grizzles but this is a small iwi with a very big task. Number one: the resources they have are not capable of meeting all of their ambitions in the short term. But the most important thing that this generation of parliamentarians is doing is embedding their name their aspirations and their rights in the face and the body of the law. It is a key Diceyan dimension of our law that unless things are reflected overtly and clearly in the law it is difficult for courts to import them into judicial decision-making. Although the resources may not be significant who knows? In time just because these people now have status—they had status of acustomary nature and an ancestral nature but the custom has now been imported into the law and we should never overlook that.If I think back to the 1970s and the 1980s and the contortions that the Planning Tribunal and judges of the High Court went through in order to import the Treaty—and I think the term was “an intrinsic device” or “extrinsic” or words to that effect—those days are gone now. At least in matters of statutory environmental management and landscape management these people’s interests and rights cannot be parried aside. So although they are small in number and the history may have been regarded as very burdensome right up to today but they are in the east so the sun is going to rise i roto i Te Tai Rāwhiti [on the East Coast].I acknowledge the members of the Māori Affairs Committee. By and large they are a happy group of fellow travellers though not quite as flexible as the members of the auspicious Primary Production Committee. I have no doubt that they heard submissions about how difficult it was at the margin to get a balance between Waitaha’s interests and the interests of other neighbouring Tauranga Moana iwi. That is a committee that is dedicated to passing these bills through quality stewardship when people make their submissions. There are occasional egregious lapses not the least of which was Tau Henare’s speech last night attacking our matua Winitana gratuitously. But these things have a way of fixing themselves. I dare say that Winston will be here post-2014 and Tau will be working for the kōhanga reo. Ēngari he take anō tērā. Tautoko i te pire nei tēnā koutou kia ora tātou katoa.[But that is another matter. I endorse this bill. Congratulations to you collectively and to us all.]NICKY WAGNER (National—Christchurch Central): Kia ora. Tēnā tātou e te Whare. I rise to speak on the Waitaha Claims Settlement Bill. Every step towards a settlement is something to be celebrated. It is a good day in the House as we debate the second reading of the settlement signed by the Crown and Waitaha; it is especially good because it is supported by everyone across this Parliament—unanimous support.We get unanimous support because settlements close one door and open a new and better one. Settlements close the door that leaves behind long-endured pain wrongs and grievances and opens a door to new understanding collaboration apology from the Crown enhanced mana of iwi and financial settlement. That is very positive for both Waitaha and the Crown.Because I come from Ōtautahi/Christchurch I have spoken earlier in the House about the huge benefits of the Ngāi Tahu settlement which was completed back in 1996. We have seen positive outcomes socially culturally and economically for Ngāi Tahu but also for everybody else in the South Island. We have seen the development of important and strong personal relationships between all people.The value of those relationships that have been built has been particularly evident as Ngāi Tahu the Crown and local government have worked together in the rebuilding and the restoration of Canterbury after the earthquakes. We do not expect earthquakes to come along but after a settlement we have more tools and more ability to deal with them. I am sure that similar benefits will accrue to Waitaha and to the people of their rohe.It is enormously important that this settlement recognises the mana and reputation of the prophet and rangatira Hakaraia a man of peace who lived in violent times. He deserves to be recognised today. It is particularly appropriate that an education fund will be created in honour of Hakaraia and that that fund will bear his name.I would just like to thank everybody involved in getting the settlement to the House today: the people of Waitaha; the Minister for Treaty of Waitangi Negotiations the HonChris Finlayson; the Māori Affairs Committee; and all members of Parliament who support this bill today. Nā reira tēnā koutou tēnā koutou tēnā koutou katoa.METIRIA TUREI (Co-Leader—Green): Tēnā koe Mr Speaker. Tēnā koutou e te Whare. Tēnā koutou katoa e Waitaha who are either here in the Chamber or listening to this debate. I am very pleased to stand in support of my colleagues and particularly of the iwi supporting this legislation the Waitaha Claims Settlement Bill and the Supplementary Order Papers that will follow during the Committee stage. I just want to take a short call.I would just mention first that it is a shame that both Chris Finlayson and Shane Jones chose to use this debate to make personal attacks. The Green Party has a very clear position of support for settlement bills and we are also prepared to speak truths to the concerns and constraints that are contained in the process. The whole point of these debates is to be able to tell the full story not just that which the Government prefers—and its supporters potentially prefer—to hear. One of the examples of that I guess is in this bill. One of our concerns has always been that because of the nature of these deals they are negotiations. They are not about the genuine and full recompense and compensation for loss that was suffered. They are negotiations they are deals that are done and therefore there have to be compromises. Most of the compromises are made by the iwi because much of the process and the constraints around the restoration whether it is financial recompense or cultural recompense are already determined by the Crown when they enter into these discussions. That is described albeit briefly in this legislation as well with the concern over the Waiari Stream Conservation Area.I do just want to acknowledge for Waitaha that this deal does not meet all of their needs and that they are concerned about some of the provisions in this deal. They did not agree with the way that the Crown approached the issue of the Waiari Stream Conservation Area and they did not want this particular part of the proposal to be included in the legislation. There is nothing outrageous about that. There is nothing to attack other parts of the Government or the State over that. It is a fact and it is an important fact to note because this is the reality for the iwi—who do not have a voice in this Parliament. They are not here to tell this Parliament what they think about this deal. They are the receivers of it.So it is important for these stories to be told—this being one example of it—that iwi have to make compromises to get these settlement deals through. Those compromises come at a real cost to them—either a real cost to them culturally in terms of their stories or a real cost to them financially in terms of whether or not they can use these settlements for genuine financial stability in the future. It is very difficult often especially with smaller settlements to make sure that the financial recompense is able to be used in a real way long term. Often it is too small. That is another reality that iwi have to face. Chris Finlayson may want to attack the Greens for saying this but these are the realities of settlements.I agree with Catherine Delahunty on these issues but also I would note that one other way that the State can make recompense as she described is having a commitment to telling these stories as a Pākehā organisation to Pākehā in the local communities. I have been doing settlement bills for a very long time now and there is a constant concern from local people about the return of particular kinds of land. There is constant concern about whether it is conservation land reserve land or land that may be held by the council. What is happening? Why is it the case that this land is being returned? They do not know. They do not have access to the information and there is no agency in this country that is responsible for making sure that they do.If we are to have a settlement of the particular issues raised by the iwi or through the tribunal the claims that is one aspect of it. The other aspect is that at the end of the daythe iwi have to go back and live and work in these areas with their local community under these new circumstances. They should not be responsible for talking to Pākehā communities about these deals. It is not for them to explain what the Crown did wrong and how the Crown is trying to right that. It is the Crown’s job to do that. But there is no explicit process for doing that. There is no commitment. That alone would go a long way towards making sure that when iwi return to their communities to have to deal with the future consequences of these deals they are doing so in an environment of understanding and acceptance and not one often of fear and concern. That alone will help to make sure that these settlement deals do have long-term benefits for the iwi and for the community as a whole.Whether other parties choose to attack the Greens for talking about these issues is up to them. It is disappointing but it is also revealing. I did not quite realise that Chris Finlayson had such an interest in women’s fashion and if he would like I am quite happy to send to him the contact details for Adrienne Winkelmann if he would like a fitting at any time in the future. But I am most concerned to make sure that the iwi are having at least some of their concerns expressed as they are set out in this legislation.I welcome the bill. I welcome this settlement for them. I welcome the attempt to restore some mana to the Crown for the loss and for the harm that the Crown has caused to that iwi. In particular I want to acknowledge Tau Henare and his comment that genocide is a word that is reasonable to use in this Treaty settlement context and that we should not shy away from the fact that much of the Crown’s attitude to Māori in the past was a genocidal one and that iwi have suffered from that as a result. Again these are just the truths of our history which once dealt with openly can then be moved on from—for Pākehā communities as much as for iwi themselves. Tēnā koutou katoa.KATRINA SHANKS (National): It is my pleasure to take a call on the Waitaha Claims Settlement Bill this morning. I just want to pick up on a point that the previous speaker from the Greens Metiria Turei talked about. She used the word “deals” over and over and over again in her speech. I do not believe this is a deal. I actually believe this is a settlement and to keep on calling this settlement a deal devalues what this is and the work that has been put into it.As we know settlement bills take a lot of hard work. They take a commitment from Waitaha. They take a commitment from the Minister. They take a commitment from the select committee. All of them are working together to ensure that we are here in this House today debating the second reading and the Committee stage of these bills. A lot of work has gone into this settlement bill. Because of that I think we have got a good enduring settlement moving forward.Much of the claims around this bill relate to the outbreak of the Tauranga war and the impact of the Tauranga confiscation the operation and impact of the native land laws and the further losses in the 20th century around the land. I do not think the Crown really ever understood the spiritual and holistic relationship that Waitaha had with their land. I know many speakers before me today have spoken about the loss of this land which led to the loss of the identity of the people which then nearly led to a lost iwi. I do not think we have really appreciated up to now up to this settlement process how significant that has been for the iwi.One thing that I like about these settlement bills is the history that gets put in ourHansard for ever—the history of these iwi and how we have got to this point now and the grievances that have been in place. So these settlement bills are not just about financial redress and not just about the deal. They are also actually about the cultural redress and that is just as important as if not more important than the financial redress. But I also think settlement bills are about the future and are for future generations. Part of the money that is going towards education in this redress is I think very veryimportant. I look forward to speaking to this bill further in the Committee stage and third reading. Thank you.Bill read a second time.In CommitteeHon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I seek leave for all provisions of the bill to be taken as one question.The CHAIRPERSON (Lindsay Tisch): Leave is sought for that purpose. Is there any objection? There is no objection.Preamble Parts 1 to 3 schedules 1 to 4 and clauses 1 and 2Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I should give just a brief overview of Supplementary Order Paper 216 in my name. The changes contained in the Supplementary Order Paper are all technical amendments. What they do is ensure that certain redress can be provided to the governance entity intended by the deed of settlement and they ensure clarity and consistency of language throughout the settlement and replace references to the Ministry of Economic Development with references to the Ministry of Business Innovation and Employment.The question was put that the amendments set out on Supplementary Order Paper 216 in the name of the Hon Christopher Finlayson be agreed to.Amendments agreed to.Preamble Parts 1 to 3 schedules 1 to 4 and clauses 1 and 2 as amended agreed to.Bill reported with amendment.Report adopted.The House adjourned at 11.20 a.m. (Thursday)