Porirua City Council (Pauatahanui Burial Ground) Bill

I move, That the Porirua City Council (Pauatahanui Burial Ground) Bill be now read a second time. Kia ora, talofa lava, and warm Pacific greetings. As the local member of Parliament for Mana, and the member in charge of this local bill on behalf of the Porirua City Council, it is with much pleasure that I rise for the second reading.

At the time of the first reading in June this year I was called away suddenly to Samoa to attend the funeral of the Samoan head of State, the late Malietoa Tanumafili II. I am therefore grateful to my colleague, and the member for Otaki, Mr Darren Hughes, for carrying out the necessary duties in this House in my absence. I also wish again to acknowledge before this House the descendants of the Stace family and the supporters of this bill who are present and following the proceedings of Parliament today. This bill has now been reported back without amendment by the Local Government and Environment Committee, and I thank very much the chair, Stevie Chadwick, and all the members of that committee for their careful and efficient consideration of the bill.

This bill resolves management problems relating to one of the more historically significant Pākehā burial sites in New Zealand. The bill confirms the vesting in Porirua City Council of the Pāuatahanui Burial Ground. It also provides for the status, control, and management of the burial ground into the future. Legislation is the most efficient way to confirm the council’s ownership of the burial ground, to dissolve the associated trusts, and to extinguish the interests protected by a caveat.

The burial ground is an important part of early European history, both of Pāuatahanui and of the wider Porirua district. It was mentioned in the first reading debate that Pāuatahanui is also an important and sacred place for tangata whenua. Again, I wish to affirm, acknowledge, and recognise the important cultural heritage the burial ground and surrounding land has for local Māori. A pā of well-known Ngāti Toa leader Te Rangihaeata once stood proudly on the site surrounding the burial ground. Te Rangihaeata was forced to abandon his pā, under siege from British forces, on 1 August 1846. He fled north to Battle Hill and British soldiers moved on to his pā. Thomas Hollis Stace and his family arrived from Tasmania 7 years later in 1853, and purchased the 113 acres of land at the head of the Pāuatahanui inlet. The site of the burial ground was given by Thomas Stace by deed of trust dated 6 December 1856, with the first interment taking place in 1860.

Today, if members were to visit the burial grounds they would see many beautiful roses. For those members in this House who can see them, samples are here with me. Many of them were planted by our pioneers and early settlers from cuttings brought here from Britain and other parts of Europe. They are beautiful, they are colourful, and they have fragrance, and they continue to maintain that link from the settlers’ original homes and countries to their homes in New Zealand today. The roses have been nurtured for decades by small and dedicated groups of the Pāuatahanui Burial Ground local volunteers. They have committed their time, their energy, and their love to this task. Many of these volunteers are present here today, and I thank them for their dedication and their commitment, and for penning histories and stories and working on this issue to keep the life journeys, legacy, and history alive, not only for the peoples of Pāuatahanui and our wider district of Porirua but for our country, New Zealand.

For the benefit of the House the Pāuatahanui Burial Ground is located between Paekākāriki Hill Road and St Alban’s Church. I want to mention that the great-grandfather of our Assistant Speaker, Ross Robertson, is buried in that cemetery, in one of the unmarked graves. It is important to fully acknowledge both these Māori and Pākehā histories behind the burial ground.

The Porirua City Council has conducted a comprehensive round of consultation on this bill, including consultation with the Stace family and local iwi. Both have indicated that they are happy with the intent and objects of the bill. I note also that the select committee in its report commended the Porirua City Council for its thorough preparation of the bill, and particularly for the establishment of good relationships with Ngāti Toa.

The select committee received 14 submissions, all of which were in favour of the bill passing. I say thank you to all who wrote submissions and to all who appeared before our select committee. The committee considers it desirable that the council, the Pauatahanui Residents Association, Ngāti Toa, and other parties maintain their ongoing relationship and dialogue, and I know that this will happen.

To Māori, the appropriate and respectful burial of those in our community who have passed on is of immense importance. It is important to both Māori and Pākehā that the mourning, tangi, and burial processes are recognised, and that the mana of the person who has passed away is observed. These things are also important to me, as a New Zealander of Pacific descent. Professor Albert Wendt once said: “Inside Us the Dead”, and “Our Dead are the splendid robes our souls wear”, which acknowledges our sacred genealogies and our ancestry we all share today. This is why I am pleased that this bill will protect the burial ground, and the memory of those who lie at rest within it, forever.

I again say thank you to all the people—the volunteers, the select committee, and groups—who have assisted with getting the bill to this point. I just want to correct the reference to Ross Robertson’s great-grandfather. It is actually his great-great-grandfather, Walter Robertson, who is buried in Pāuatahanui. I thank you.

It is a great pleasure to have the opportunity to speak to the Porirua City Council (Pauatahanui Burial Ground) Bill and to say that National joins with the rest of Parliament to support the passing of this bill through the rest of its stages today. There are a number of lessons that Parliament, and, indeed, the country, can learn from this legislation that is before us today. The first thing is that I want to congratulate the community, the council, and all those involved on the way they have brought this bill together. I must say that it is a true compliment to a community that is united. Those involved deserve every compliment that this House can give for bringing this piece of legislation in such a way that not only is not controversial but, indeed, has moved all of us on the Local Government and Environment Committee who had the privilege to sit, listen, read, and study it to want to give it our support.

I am reminded that earlier in the week before, we had a bill promoted by the local member for Palmerston North, Steve Maharey, which was, indeed, very controversial. It got to the stage where he had to withdraw the bill because the community was not able to bring its thoughts together. There is a lesson for all of us when we are asked to bring bills to the House to get to understand how it can happen and how a community can work together. So, in my view, it is a true compliment to that community in that regard, and a lesson to be learnt by this Parliament today.

The second thing is that I want to compliment the community, particularly those who are directly involved, on the way in which they have attended the cemetery. The cemetery is beautiful; there is no question. Not only is it a place where people rest in peace but it is a place of beauty for those who can attend it. I am sure that the descendants of those who attend the graves get a great deal of pleasure out of visiting that cemetery. I am sure that a number of the public no doubt go and view it because of its beauty. Again, it is a true compliment to all those who have been involved and who have made submissions. Again, they need to be complimented on the endeavours they have made to bring it about.

The cemetery has a history, and it is one of great interest. I think that is the third point that I want to make. Although the tangata whenua obviously have an interest in this, it is a compliment to them and the way in which they are prepared to work—and have worked—with the community to bring this bill together, rather than create any controversy at all. They, too, have put their efforts into making sure the respect that needs to be shown for this area is shown, and that as a consequence this bill can move forward in the pleasant and peaceful manner it deserves.

I acknowledge the comment that was made, Mr Assistant Speaker, about your ancestors, and I want to say that I recently had the opportunity to represent this Parliament and this country at the commemorations at Passchendaele, where I found a grave of a long deceased uncle who had given his life in the service of this country. So I understand, to some extent, what it means to find one’s relatives. It was a sad and poignant moment for me to see my great uncle’s name on the wall as one of those who was lost and not found but who was acknowledged. So today it is fitting, I guess, that I have the opportunity to speak to this bill.

There is not a lot to add other than to say congratulations to those who have asked for this bill to be vested in their tender care—as it is tender care that they have shown over the years. The reason the cemetery is in such a lovely condition is that the community does genuinely care for it. It gives me great pleasure to be able to speak today as a member of Parliament and as a member of the National Party in joining with other parties to extend my congratulations and support for this bill, and to see it move forward.

As we consider the Porirua City Council (Pauatahanui Burial Ground) Bill it is worthwhile reflecting that history really is a wonderfully tangled web. This afternoon we consider the fate of the Pāuatahanui Burial Ground and the history involving this piece of land. It is of real interest to me that another piece of history has been revealed here today with the revelation by Luamanuvao Winnie Laban that the great-great-grandfather of our present Assistant Speaker, Ross Robertson, is buried in this burial ground.

I want to talk about the strand of history during the 1830s and 1840s. On the site of the burial ground there was a pā located within the rohe of Ngāti Toa. It belonged to Te Rangihaeata, who has an important part to play in our history because he was Te Rauparaha’s son-in-law. It was the killing of Te Rangihaeata’s wife that caused the rage that ended up in what has become known as the Wairau massacre, an incident of not insignificant import to New Zealand. So the strands are connected.

Another strand of connection that I talked about in the first reading is close to this site. On land bought by Thomas Stace is what is known as the Taylor-Stace cottage, which is a Historic Places Trust building. It is actually the oldest building in Porirua. It was initially built by William and Ann Taylor, who arrived in Wellington with their six children in 1840. They built a simple Georgian cottage constructed with rough sawn timber, which was later to be bought by Thomas Hollis Stace, who extended it. The great-great-granddaughter of the Taylors is one Cathy Davis, whose husband, Ernie, is known to many around these buildings, because he has been a senior staff member of New Zealand First since 1994, and has certainly contributed significantly to the ongoing achievements of our party.

The further history of this particular piece of land that we are talking about, the burial ground itself, relates to the deed of trust, which was dated, as Winnie Laban said, on 6 December 1856. At this particular time Thomas Hollis Stace conveyed the land that is the burial ground to five people: William Bromley, Edward Bolton, William Jones, James Mitchell, and himself. These were the people who were named in the trust. The trust had certain purposes: to permit a chapel to be built on the land for religious worship by the Protestant denomination; to permit the chapel to be used as a schoolhouse for the education of children of the neighbourhood; and to permit the land to be used as a public burial ground. One of the parts of the deed of trust was to reserve a particular part of the burial ground as a family plot for Thomas Hollis Stace and his heirs and descendants. In some respects this is part of the issue that we are having to resolve with this bill, because at present the burial ground is full. It has gone through various different legal modifications since the time that it was first put under the trust, but now it is full and there are no further plots; obviously, there are no further plots for the descendants of Thomas Hollis Stace.

There is no legal access to the burial ground. The entrance from Paekākāriki Hill Road was closed for reasons of road safety several years ago. Consequently, the only access is via the road leading to St Alban’s Church. Although the church allows its road to be used for access, all parties would prefer to have a legal agreement to this effect. However, because the legal title remains subject to the caveat that we are talking about, and the land itself remains subject to the trust, it would be difficult for the council to formalise access. The council, which actually owns the land, unfortunately is caught by the caveat. Furthermore, as I have said, there are no more plots in the burial ground available for sale. So really what we have here—as people have described—is a beautiful piece of land and an important part of our history, and really this is a common-sense approach to preserving the history, given the happenings over time.

I must make the point that I endorse the statement made by John Carter about the manner in which the community has worked together in a constructive fashion to bring this legislation before the House. This is proven by the fact that the select committee made no recommendations. Select committees make no recommendations when people have put in the hard yakka and got everything right, when there is nothing controversial about the legislation, and when the people doing the work have the details correct. The fact there were 14 submissions all in favour of the bill, and the select committee made no recommendations for any change, is a reflection of the work that has been put in by the different groups within the community to bring this harmoniously together.

New Zealand First is very pleased to be able to support the passage of this bill through its second reading and through its other stages this evening. Thank you, Mr Assistant Speaker.

Tēnā koe, Mr Assistant Speaker. Tēnā tātou katoa. I am proud to speak to the Porirua City Council (Pauatahanui Burial Ground) Bill and to honour my whakapapa relationship to Ngāti Toa Rangatira through the connections that we as Ngāti Apa and Ngāti Rangiwhakatūria have. Our hapū occupies the lands around the Whangaehu Marae on the lower reaches of the Whangaehu River, which also forms the boundary of the rohe of Ngāti Toa. Te Rangihaeata, Te Rauparaha’s nephew, consolidated this relationship by marrying Te Rangi Pikinga of Ngāti Apa, so our connections are ever strong.

I am proud, too, that the Māori Party’s call at the first reading of this bill to enable an opportunity for the full story to be heard has been recognised in the select committee process. At the first reading debate, my colleague Te Ururoa Flavell raised our concerns that this bill could be debated in this House with absolutely no mention of the mana whenua, Ngāti Toa Rangatira. They are such simple questions: whose story is being told, whose voices are being heard, and from whose perspective are the memories shared? Similarly, who is missing from the record? The Māori Party will always stand to ensure that the independent view of tangata whenua is able to be heard in every debate. It is, of course, a great disappointment that we have to even raise that point. But, as the first reading of this bill demonstrated, it is still, unfortunately, the case that legislation makes it to this House without bearing the distinctive contribution of tangata whenua.

Today is Ngāti Toa’s day. Indeed, it has been a very significant month for Ngāti Toa. Just 3 weeks ago, on 25 September, Ngāti Toa and the Crown signed an agreement to negotiate their claim on behalf of the iwi of about 5,000 registered members. In speaking to the negotiation process, executive director Matiu Rei said: “The scale of our claims and the serious nature of the Crown’s breaches mean that the Ngāti Toa claim is a complex one. Ngāti Toa was subjected to a co-ordinated military and political campaign by the Crown, including the kidnapping and exile of our leaders, the loss of life through military action and public executions, as well as land sales under duress.”

Despite the omission of Ngāti Toa from the first reading of this bill, this history forms an absolutely essential context for this bill to vest the Pauatahanui Burial Ground in the Porirua City Council. Although the cemetery is now of special significance to the Hollis Stace family and the descendants of early pioneers buried there, it is also the site of land that was alienated from Ngāti Toa by Crown coercion in 1847. The history of the Hollis Stace family’s association to the land is a remarkable one, dating back to 1856. But, inevitably, the question must arise: what is the history of this land prior to it being purchased from the New Zealand Company in 1856?

I want to pay tribute to Ngāti Toa for sharing their precious history with the Local Government and Environment Committee—a history in which Ngāti Toa bore the full assault of a state of martial law, and suffered the consequences of military attack by British Imperial forces, in which lives were lost. It is a shameful history that this House has a right to hear, lest we forget. The telling of their story is now, of course, stained with history repeating itself, given the events of recent days. Ngāti Toa recount their experiences in their submission. They tell how Te Rangihaeata was forced into exile, his supporters were captured by the Crown and publicly executed by hanging, while others were banished to Tasmania to be held as prisoners until their deaths. These were innocent people who were never given the opportunity for a trial. Justice was denied.

It was at the time immediately preceding the Hollis Stace purchase of this famous pā site that Te Rauparaha was kidnapped by Governor Grey and held captive for 18 months, again without being charged with an offence. While the leader was held captive, Grey held Ngāti Toa Rangatira to ransom by demanding their lands in exchange for their leader.

The Porirua City Council (Pauatahanui Burial Ground) Bill could have been another episode of writing Māori out of history, but we in the Māori Party are not prepared to let that happen. Ngāti Toa Rangatira will never let that happen. So they came to the table and reminded the select committee that Mātai-tauā Pā, which is now the site of the burial ground, is what they describe as being “pivotal to Ngati Toa’s wider Treaty claim. It represents the last bastion of Ngati Toa resistance to the British Crown.”

In the ultimate manifestation of manaakitanga, Ngāti Toa have the generosity to support this bill, recognising that it will provide for the ongoing protection and acknowledgement of important cultural heritage. They speak of the urupā as a “sacred site to Pākehā as the final resting place of many early settlers to the Porirua district”. This was a point that most of the 14 submitters reiterated, many of them being direct descendants of the settlers who are buried in the cemetery that is at the heart of this bill.

The Pauatahanui Residents Association brought together these concerns by describing the unique value this bill offered in establishing procedures that would enhance genealogical research and provide for retrieval and storage of records, and in doing so preserve and maintain the history and heritage of this place. But as Ngāti Toa identified, and, indeed, as the Porirua City Council and other submitters confirmed, the site at the centre of this bill is regarded as wāhi tapu to Ngāti Toa. Such a site of special significance is considered to be so by virtue of its history as the pā of Te Rangihaeata—Mātai-tauā—and because of its significance to other iwi that predated the arrival of Ngāti Toa.

The requests from Ngāti Toa Rangatira are humbling in their simplicity. They asked that if signage were to be developed for the site, that it be done with the full knowledge and consent of Ngāti Toa. They want to know that any earthworks and repairs made to the burial ground will be discussed in consultation with Ngāti Toa. They are happy to confirm council ownership by means of this legislation, in order to ensure that the burial ground is properly cared for and maintained in perpetuity. Most important of all, they seek to support the possibility for both the Māori and the Pākehā cultural heritage of this site to be preserved by means of this bill.

We too in the Māori Party want to ensure that the protection and management of the burial ground serves to treasure the opportunity to give expression to the unique histories that have shaped this sacred site. We want to pay tribute to all of those who have spent considerable time maintaining this burial site on behalf of the descendants of those people buried there. We will therefore support this bill.

Bill read a second time.

In Committee

Part 1 Preliminary provisions