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Hot Air

Tuesday, 15 February 2005

Ngāti Awa Claims Settlement Bill

In Committee
HansardID: 85491776-5e60-4ffc-84a4-29e5df779756
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🗣️ Speech Hon Gerry Brownlee (New Zealand National Party — Member for Ilam)
Time unknown

I raise a point of order, Mr Chairperson. My point of order relates to Supplementary Order Paper 327, proposed by the Hon Margaret Wilson, which was seen in the House for the first time today. That Supplementary Order Paper talks about the preamble. It states that we are to insert, after what is described as “recital 10 of the Māori text (after line 29 on page 7)”, new recital (10A). A Māori text follows that.

My first point is that I am just a little uncertain about what the Minister means by recital (10) in the preamble. If we turn to page 7 of the bill, we see that there is no recital (10A); there is certainly a recital (10). If this is to be something new, I would have thought there would be a corresponding text to go into the preamble, printed in English, in the pages that follow. I do not see that from the Minister’s Supplementary Order Paper. I also find that there is no recital (10A) in the English text, either.

So there are two points: firstly, can we have an explanation of why there is just a Māori text for a new recital (10A); and, secondly, can we have a translation.

The CHAIRPERSON (Hon Clem Simich): I thank the member for that. The matters he has raised are debating matters and I have no doubt that the Minister, if he wishes to, will answer them as we get into the bill.

🗣️ Speech Hon Gerry Brownlee (New Zealand National Party — Member for Ilam)
Time unknown

I raise a point of order, Mr Chairperson. I think that they are actually procedural matters. I have in front of me a preamble, which is part of the main body of the bill, that has a Māori text and an English text. The Supplementary Order Paper the Minister wants to introduce has a new recital that is provided only in Māori. I would like to know why there is not an English text to go with that, and whether you will allow this Supplementary Order Paper to stand. I think it would also be helpful at this point, before we begin, to have an interpretation of the Supplementary Order Paper on the table.

What is usually the case in these situations is that, although we start out in a different part of the bill, we do have the opportunity to read a Supplementary Order Paper—remembering that this bill has been introduced to the House, has had its first reading, and has been to the Māori Affairs Committee, where it had its full 6 months consideration. But today, as we are about to debate the bill in Committee, we get a new Supplementary Order Paper from the Minister. I do not think it is unreasonable for me to want to know what the Supplementary Order Paper is about so that I can think about it over the ensuing hours of debate and so that I can give a reasonable view to the House on its content when we arrive at that point.

🗣️ Speech Mark Burton (New Zealand Labour Party — Member for Taupō)
Time unknown

I may be able to help the member. I think it is a perfectly reasonable question. I have consulted my official about this, because I wanted to make sure that the advice I give the member is correct. I understand that there was an omission of recital (12) in the English part of the preamble from the Māori version. The recital, which starts with the words: “The Crown and Te Runanga o Ngāti Awa”, etc., simply translates that into the Māori preamble, thus making the one reflect the other. But I take the member’s point. That fact could have been better explained to assist members, and I apologise for that.

🗣️ Speech Hon Gerry Brownlee (New Zealand National Party — Member for Ilam)
Time unknown

I raise a point of order, Mr Chairperson.

The CHAIRPERSON (Hon Clem Simich): Before I come to the member’s point of order, I just say that the advice I have is that this is a debating matter. It is not procedural. If the member wishes to take it further, then he should raise it with the Speaker.

🗣️ Speech Hon Gerry Brownlee (New Zealand National Party — Member for Ilam)
Time unknown

I do not think that is necessary. I understand that this is a bill that most of the House wants to support. However, as we have an interpreter in the Chamber, I do not think it is at all unreasonable to ask for a translation of the recital (10A) Māori text in order to verify that it will be recital (12) in the English text. I think we are entitled to ask for that, and I cannot see why the Chairperson would not want to grant it.

The CHAIRPERSON (Hon Clem Simich): The member is quite right. But the matter is still a debating issue, not a point of order, and I cannot direct that that course of action be taken; nor do I wish to be given the explanation from the Minister.

It is only about six lines. Just translate it.

🗣️ Speech Mark Burton (New Zealand Labour Party — Member for Taupō)
Time unknown

Before the House resumes tomorrow, I am happy to provide a note to members to give comfort about the explanation I have given. I undertake that that note will be provided and circulated tomorrow morning.

The CHAIRPERSON (Hon Clem Simich): I think something good has come out of your point of order, Mr Brownlee.

🗣️ Speech Hon Gerry Brownlee (New Zealand National Party — Member for Ilam)
Time unknown

I raise a point of order, Mr Chairperson. I refer now to the matter of the amendment in the name of Mr Pita Paraone. It raises the interesting option for the Committee to omit from clause 13(3)(a) subparagraph (xx), which refers to Ngāti Awa ki Tamaki Makaurau, and subparagraph (xxi), which refers to Ngāti Awa ki Poneke. What effectively this suggests is that the select committee wrongly included two groups as, I assume, hapū. I want to know, if you might give a ruling, the appropriateness—

The CHAIRPERSON (Hon Clem Simich): I thank you for raising that issue and we will—

I have not raised it yet.

The CHAIRPERSON (Hon Clem Simich): No, but the member was well on the way to raising it, if he had not already raised it. We will wait for another day for that matter to be settled, or, indeed, it may be settled by the Speaker.

Progress reported.

Report adopted.

The House adjourned at 9.57 p.m.

🗣️ Spoke in this debate (2)