Ngāti Whātua Ōrākei Claims Settlement Bill

on behalf of the Minister for Treaty of Waitangi Negotiations: I move, That the Ngāti Manuhiri Claims Settlement Bill and the Ngāti Whātua Ōrākei Claims Settlement Bill be now read a first time.

E ngā uri o Tuperiri, e ngā kanohi maha o Tāōū, o Ngāoho, o Te Uringutu, e Ngāti Whātua o Ōrākei whānui, nau mai ki roto o Pāremata. Ki a koutou ngā w’aka’eke o Makinui rāua ko Rotu nō raro i te maru o Tamahunga, nō ngā pari o Te Moana-o-Toi, Ngāti Manuhiri, hau mai, hau mai, hau mai rā. E aku rau rangatira mā, tēnā koutou.

[To you, the relatives of Tuperiri and the many faces of Tāōū, Ngāoho, and Te Uringutu, as well as the vast number of you, Ngāti Whātua of Ōrākei, welcome to Parliament. To the descendants of Makinui and Rotu from beneath the shelter of Tamahunga and the cliffs of the Ocean of Toi, Ngāti Manuhiri, enter, enter, and enter indeed. Acknowledgments to you, my leaders of a hundredfold.]

At the appropriate time I intend to move that the bills be considered by the Māori Affairs Committee. Firstly, I would like to extend a very warm welcome to the representatives of Ngāti Whātua Ōrākei and Ngāti Manuhiri who are here today for this highly significant occasion. Ngā mihi nui ki a koutou. This is an important day for Ngāti Manuhiri and Ngāti Whātua Ōrākei, when we acknowledge their historical Treaty grievances. It is a time to grieve and reflect, to acknowledge the harm done and the hurt endured, and to take a step forward to create a new future that is branded with optimism.

The two bills having their first readings here today are a monumental step towards the completion of a journey that has taken many years for both iwi. They are about mending a broken relationship and agreeing to a better future for all. One of the unique features of the Ngāti Whātua deed of settlement is that its historical account begins with the two texts of Te Tiriti o Waitangi, the Treaty of Waitangi. It was actually at the specific request of the late Sir Hugh Kāwharu and was part of the 2006 agreement in principle. It is a very important statement of the reverence that Ngāti Whātua have always accorded the Treaty. The imprint of the late Sir Hugh Kāwharu is marked for ever as we remember the substantial contribution he made towards guiding the nation towards a reasoned discussion on past injustices and hopes for the future.

It used to be said of the Treaty that while Māori never forgot, non-Māori never knew. The settlements we introduce today provide us all with a new opportunity to re-examine our colonial history and to move onwards with mutual respect and understanding. Although it is not possible to provide full restitution to Ngāti Manuhiri and Ngāti Whātua Ōrākei for their losses, the settlement redress provided for in these bills seeks to recognise the seriousness of their grievances and build a positive foundation for future generations of their iwi. It is impossible to do justice to the journey that has been travelled by Ngāti Manuhiri and Ngāti Whātua Ōrākei in the limited time constraints of the debate. Whether through a historical, cultural, or geographic lens, the extent of both settlements is immense.

Ngāti Manuhiri are based in the Mahurangi region on the east coast to the north of Auckland. Ngāti Manuhiri were represented in negotiations by the Manuhiri Ōmaha Kaitiakitanga Ora Trust and are part of the Te Kawerau people through their descent from their ancestor Maki. They are also closely affiliated to Ngāti Wai of Whangarei and are also represented on the Ngāti Wai Trust Board, the iwi of the Rt Hon Winston Peters.

The Ngāti Manuhiri rohe extends from Whangaparāoa Peninsula in the south to Bream Tail in the north and includes Te Hauturu-o-Toi, Little Barrier Island, off the east coast. The Ngāti Manuhiri Claims Settlement Bill recognises their historical grievances and provides for their resolution. These grievances relate to the 1841 Crown purchase of the large Mahurangi and Ōmaha Block without the knowledge or consent of Ngāti Manuhiri, to the punishment of their chief by pressuring him to cede his ancestral interests in his lands to the operation of the Native Land Court from 1865, to the Crown’s misuse of monopoly powers when purchasing Te Hauturu-o-Toi, Little Barrier Island, and to the subsequent eviction of those Ngāti Manuhiri who were resident there and the Crown’s failure to ensure that they retained sufficient means, such that they were rendered virtually landless by 1900. This had a long-term social and economic consequence for Ngāti Manuhiri.

They lodged their first claim with the Waitangi Tribunal in 1989. Other claims were then lodged, particularly in regard to the Crown’s acquisition at Te Hauturu-o-Toi, Little Barrier Island. In 2001 Ngāti Manuhiri participated in the Waitangi Tribunal’s Kaipara inquiry over the Crown’s purchase of the Mangawhai Block. Eight years later in 2009 they entered into negotiations with the Crown as part of the Crown’s settlement initiative in Tāmaki-makau-rau. Ngāti Manuhiri and the Crown then signed a deed of settlement on 21 May 2011.

I turn now to the settlement for Ngāti Whātua Ōrākei, represented in negotiations by Ngāti Whātua o Ōrākei Māori Trust Board. They are part of the wider Ngāti Whātua confederation and are based at Tāmaki-makau-rau, or Auckland. Their marae of Ōrākei stands overlooking the Waitematā Harbour. They are also a member of Ngā Mana Whenua o Tāmaki-makau-rau, whose collective negotiations are nearing completion. Ngāti Whātua Ōrākei are also represented with other groups on Te Rūnanga o Ngāti Whātua. The primary area of interest, or rohe, of Ngāti Whātua Ōrākei extends through the Tāmaki isthmus on the North Shore and into the upper Waitematā Harbour and west Auckland.

Their bill recognises and addresses their historical grievances, which include the alienation of lands in the centre of Auckland and the North Shore through Crown purchases without the provision of an adequate endowment of land for the future use of Ngāti Whātua Ōrākei; the Crown’s failure to protect pā and urupā sites from those transactions, including One Tree Hill, Maungakiekie; the Crown’s failure to implement protective guarantees for Māori during the pre-emption waiver period of 1844 to 1845, which involved a significant amount of Ngāti Whātua lands; and the Crown’s taking of surplus lands from disallowed pre-emption waiver purchases.

Ngāti Whātua Ōrākei often describe themselves as a loyal iwi. After they signed the Treaty of Waitangi on 20 March 1840 their chiefs worked hard to build and strengthen their relationship with the Crown. They welcomed Governor Hobson to Tāmaki-makau-rau and made land available for the new capital of Auckland. Yet despite the overwhelming expression of manaakitanga, Ngāti Whātua Ōrākei were rendered virtually landless in the two decades that followed the signing of the Treaty. In this the Crown failed them.

The road to settlement has been a long one. Few here today will ever forget the impact of the occupation of Takaparawhau. Ngāti Whātua led the nationally significant occupation and protest at Bastion Point for 506 days between 1977 and 1978. Their claim over the alienation of the 700-acre Ōrākei Block reserve was one of the first of the historical claims to be heard by the Waitangi Tribunal. It was reported on in 1987, and the 1991 Orakei Act settled it. Then in 1993 Ngāti Whātua Ōrākei reached an on-account settlement with the Crown regarding their claims in respect of surplus railway lands in the Auckland region.

Further negotiations with the Crown took place between 2003 and 2006 when an agreement in principle was signed. Negotiations were then suspended in light of the Waitangi Tribunal’s 2007 Tāmaki-makau-rau settlement process report. As a result of that report and the impressive leadership of Ngāti Whātua Ōrākei, a new approach was taken to negotiation in the region. Ngāti Whātua Ōrākei signed a deed of settlement with the Crown on 5 November 2011.

Both bills will give effect to the undertakings by the Crown in the Ngāti Whātua Ōrākei and the Ngāti Manuhiri deeds of settlement. I consider that the bills should therefore proceed without delay to the Māori Affairs Committee. I commend these bills to the House.

I te tuatahi, me tuku i roto i tō tātou reo Māori he mihi ki ngā huānga mai i ngā iwi kua tatū ki Te Upoko-o-te-Ika, kua uru mai ki roto i te Ana o te Raiona. Nā reira, e ōku mātua, e ngā tuāhine, e ngā whaea koutou katoa kua tatū mai nei, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[First of all, an acknowledgment in our Māori language to relatives in the tribes that have arrived here in Wellington, into the “lions’ den”. So salutations to all of you, my parents, sisters, and aunties, I acknowledge you all.]

We naturally have no hesitation in supporting the work of the Minister for Treaty of Waitangi Negotiations and the negotiators in this very protracted claim—firstly, the Ngāti Whātua. Secondly, a number of us know of the history of the tupuna Rāhui Te Kī and Ngāti Manuhiri—otherwise claimed by Ngāti Wai, but that is another matter—occasionally led by that great kauri tree Laly Haddon, who, when he is in a good mood, is a very friendly individual. So I must acknowledge the people of what we called, when I was a lad at St Stephen’s School, Takaparawhau—the people who were up at what was popularly referred to in Auckland as Bastion Point. In that time, along with my grandmother, boys from St Stephen’s School were welcomed by a kuia called Nanny Hopi on to that marae, which saw a great deal of anguish and, indeed, saw blood. But today we gather here as proxies for the New Zealand public and offer our support to the Minister and those who have worked with him to bring the Ngāti Manuhiri Claims Settlement Bill and the Ngāti Whātua Ōrākei Settlement Bill to a stage where, if there are further matters to be considered, then we can rely upon the processes of the legislature—figuratively speaking, the highest court in the land.

When you struggle with how the identity of the original inhabitants ought to be embedded into civic life, commercial life, or indeed the community life of our largest city, it is not often understood by the civic leaders and community leaders, and it is certainly not understood by commercial leaders, that the tangata whenua, the Māori occupying the wider Tāmaki-makau-rau area, are not a monolithic group. But beyond doubt the people who comprise the populations of the three hapū, Te Taou, Ngā Oho, and Te Uringatu, are the descendants of Apihai Te Kawau and others, the tūpuna who were at Waitematā when the Pākehā originally arrived with the designs of colonisation. Te Taou has a special connection for me from Muriwhenua because it is a name that originated in the extreme far north around the Kurahaupō waka area.

So our focus is not on the finicky detail. We know that there is a source of tension in some of the properties being offered back by dint of this legislation, but let us say in this House that this is a Treaty settlement between the Crown and the leaders of the hapū or iwi, and there is always scope for dealing with community concerns and community issues as the settlement is fully implemented. If anyone knows about that it is us on the Māori side of the House, but on these issues there ought not to be a Māori side or a Pākehā side. We actually want to see these issues dealt with expeditiously and to see people get on with their lives, go home, and expend energy on doing what is far more challenging—making $15 million, $18 million, or $20 million and making the land into something that is a lot larger and turning it into a legacy for uri whakatupu, future generations.

A number of us also remember the railways settlements, when I talk about Ngāti Whātua, and the original Waitangi Tribunal claim hearings in the time when Mōnita Delamere, Bishop Bennett, Ned Nathan, Mira Szaszy, and others played a key role working with either the tribunal or members of the tribunal. So I want to mention the name of that particular individual, Mr Ned Nathan. Not only was he a fearless warrior of the Māori Batallion but he was a stalwart for the people of the north, and I recall him taking a group of us to the marae at Ngāti Whātua and those areas when the Waitangi Tribunal in those rather lonely days was dealing with those issues, and indeed Koro Wētere was the Minister. So these people have waited a long time.

Just to reiterate what Tariana Turia said about Ngāti Manuhiri, they are near an area known as Ōmaha, unfortunately more popular these days because the Prime Minister has got a bach there, twice the size of Hone Harawira’s house, but that is another matter. It is always difficult when you are leading a hapū in an area where your land has basically been stripped from you, and you get the fringe development around the coast, because the coast is so beautiful, and there is always a balance as to how you establish and maintain a Māori presence there when the land is so expensive, the rates are so demanding, and your neighbours are people who by dint of either good luck or other designs have amassed wealth and they choose to spend that wealth and create considerable homes up there. So we commend this legislation and we offer our mihi and affection to the people who arrived here to see it move forward, and we offer our support to the Minister. Kia ora tātou.

I want to thank the previous speaker, Shane Jones, for his very generous comments. I really must say that in this exercise I really do appreciate talking both to Shane Jones and to Parekura Horomia. They are great people to discuss these issues with because they are bipartisan issues; they are important issues that the Parliament has to get right.

I want to welcome those members of Ngāti Whātua Ōrākei and Ngāti Manuhiri who have travelled to Parliament for this debate. You may wonder why I was not in the Chamber when Mrs Turia was speaking. It is because I am responsible for the legislation, and if I was here things would go wrong, so I wanted Mrs Turia to speak. I had to go out and sit in the lobby, but I promise you I listened, as I always do, to every word she said.

Iwi leaders have to make difficult trade-offs, and so I really do appreciate your being here today and I salute your courage and your personal commitment to these settlements. I really want to acknowledge the negotiation teams of both Ngāti Manuhiri and Ngāti Whātua Ōrākei, who, with their dedication, their pragmatism, and hard work have made these settlements possible. I join with Mrs Turia and Mr Jones in paying tribute to the efforts and struggles of past generations of Ngāti Manuhiri and Ngāti Whātua Ōrākei, who have sought justice from the Crown and who have contributed to these settlements contained within these bills.

For Ngāti Manuhiri I acknowledge the presence here tonight of Laly Haddon, who has pursued the grievances of Ngāti Manuhiri against the Crown for over 20 years. It is largely as a result of his leadership that Ngāti Manuhiri have reached this settlement. I also pay tribute to Mook Hohneck, whose pragmatic and positive engagement with the Crown contributed to what has been, as matters go, a very speedy negotiation from the time we signed the agreement in principle shortly before Christmas at what I think is now called the Pullman. We managed to have a very rushed meeting and sign that agreement in principle before I think I headed off overseas.

Sadly, Sir Hugh Kāwharu of Ngāti Whātua Ōrākei is no longer with us. He was a great New Zealander. He was a scholar and negotiator of very high calibre, who led Ngāti Whātua Ōrākei negotiations with the Crown until his death in 2006. From then Grant Hawke has ably taken the helm and, in addition to Mr Hawke’s leadership, I acknowledge Puawai Rāmeka, Tīwana Tibble, Graeme Horsley, Don Wackrow—you always have to mention the lawyer—and David Williams. Together they formed a formidable and highly professional negotiations team. I have to tell you now that there were a number of occasions when the Minister of Finance told me to toughen up and deal with them more firmly. Can I acknowledge the role of Sir Douglas Graham. His wisdom and foresight in developing a proposal that laid the foundation for negotiations in the wider Tāmaki region has been absolutely critical to the success of both these settlements.

Today we address the historical grievances of these iwi, so that we can all move forward together and develop new relationships based on mutual trust and cooperation. I think that both settlements are going to pave the way for these future relationships, and I am very positive about them.

I do not wish to repeat the matters that Mrs Turia covered in her speech, so I want to say something mainly about the redress components of these settlements. First, Ngāti Whātua Ōrākei. In November last year, at a ceremony at Ōkahu Bay, the people of Ngāti Whātua Ōrākei signed a deed of settlement with the Crown, and the bill gives effect to the undertakings by the Crown in the Ōrākei deed of settlement. It sets out the cultural and historical redress, including Crown acknowledgments, the apology, the historical account, a statutory acknowledgment over Crown land held for defence purposes at Kauri Point, and Crown land vested for control and management in the Auckland Council at Kauri Point on the North Shore. It contains protocols issued by the Minister for Arts, Culture and Heritage, the Minister of Conservation, and the Minister for Economic Development, and a letter of recognition from the Minister of Primary Industries regarding participation in, and input into, the fisheries planning processes, and for Ngāti Whātua Ōrākei to become an advisory committee in relation to fishery resources within their primary area of interest.

The settlement includes commercial redress comprising a quantum of $18 million, plus interest, less an on-account payment for $2 million received—as Mr Jones said—through the railways settlement in 1993. There is the purchase from the New Zealand Defence Force of the Whakakura block. There is the purchase and lease-back to the New Zealand Defence Force of 5 years of five housing blocks—Beresford, Birchfield, Hillary, Marsden, and Plymouth. Redress for Ngāti Whātua Ōrākei over the volcanic cones on the isthmus and islands in the gulf will be provided through the Tāmaki collective settlement, which, as Mrs Turia said, is getting very close to being finalised.

The Ngāti Manuhiri Claims Settlement Bill will give effect to the undertakings by the Crown in the Ngāti Manuhiri deed of settlement, signed at their marae on a beautiful day, 21 May 2011. The settlement includes cultural and historical redress. There are the Crown acknowledgments, the apology, and an account. There is the vesting and gifting back, minus 1.2 hectares, of Te Hauturu-o-Toi, which is a nature reserve and place of enormous significance to Ngāti Manuhiri. There is the co-approval by Ngāti Manuhiri trustees together with the conservation board of a management plan for the island. There are the provisions for the trustees of the Ngāti Manuhiri post-settlement governance entity and the Department of Conservation to approve the removal of stones from the island for cultural purposes, and to Ngā Whenua Rāhui providing for enhanced input into management of specific Department of Conservation - held sites.

The commercial redress includes a financial redress to the value of $9 million, plus interest, less an on-account payment of $350,000 paid on 22 December 2011; purchase of the Warkworth District Court and Pakiri School, which will be leased back to the Crown; and the transfer of South Mangawhai Crown forest licensed land, which is subject to the current forest licence and accumulated rentals.

So the introduction of these bills signals the final stage of the work these great people have done in relation to their iwi. Ngāti Whātua Ōrākei have campaigned for justice for a very, very long time, and living as they do in the heart of Auckland have had their settlement under considerable public scrutiny, which will continue, and we can deal with that. Ngāti Manuhiri have been less in the public gaze, but when the opportunity for negotiation arose were very quick to seek a resolution of their equally longstanding grievances. Both iwi have waited a long time for this day, and I believe should be very proud of what they have achieved. So with those words I salute these iwi, their leaders, and their negotiators, and hope that the bill will receive a very rapid process through the Māori Affairs Committee, which, as I said in an earlier debate, I am sure it will, because of the outstanding chairmanship and leadership provided by the newly wed Mr Tau Henare.

E ngā mana, e ngā reo, rangatira mā, ngā uri o Ngāti Whātua me Ngāti Manuhiri, tenā koutou, tēnā koutou, tēnā tātou katoa.

[To the powers, languages, leaders, and descendants of Ngāti Whātua and Ngāti Manuhiri, greetings, greetings, and greetings to us all.]

It is my pleasure to stand as a member of the Māori Affairs Committee and as the member of Parliament for Manurewa in this first reading of the Ngāti Manuhiri Claims Settlement Bill and the Ngāti Whātua Ōrākei Claims Settlement Bill. I want to acknowledge Jo and Grant and the whānau who have travelled here tonight to share in this process of reconciliation, which I think is a very important process, as our country moves forward.

I would firstly like to focus on the whānau from Ngāti Manuhiri, and I want to talk a bit about the whakapapa. Ngāti Manuhiri are the descendents of the tupuna Manuhiri, the eldest son of Maki, and as such are affiliated to the broader Te Kawerau confederation. I want to acknowledge that Ngāti Manuhiri also has close whakapapa connections with Ngāti Wai, and it is through these connections that Ngāti Manuhiri have been represented on the Ngāti Wai Trust Board for the last 70 years. So today the Ngāti Manuhiri community affiliates to Ōmaha Marae at Pakiri.

The first Ngāti Manuhiri claim to the Waitangi Tribunal, Wai 122, was lodged by Laly Paraone Haddon and Hawe Brown on 24 October 1989. It was subsequently withdrawn. Four further claims, Wai 244, Wai 532, Wai 1539, and Wai 1811, were lodged by members of Ngāti Manuhiri regarding historical grievances relating to Ngāti Manuhiri generally, and three additional claims, Wai 280, Wai 487, and Wai 567, were lodged that relate specifically to the alienation of Hauturu—Little Barrier Island. This settlement addresses all those Wai claims.

This bill gives effect to the deed of settlement entered into by the Crown and Ngāti Manuhiri on 21 May 2011 for the final settlement of the historical claims of Ngāti Manuhiri. These interests will be governed by the Ngāti Manuhiri Settlement Trust.

I had a look on the web and was very interested to note that on 1 December 2011 a man by the name of Laly Haddon was returned as a trustee, so I want to congratulate him on being returned as a trustee. Obviously you were there at the beginning, you are there now, and you will be there into the future as the fruition of this settlement happens.

Ngāti Whātua Ōrākei are a collective group composed of individuals who descend from the ancestor Tuperiri, and are members of one or more hapū of Ngā Oho, Te Uringatu, and Te Taou—apologies for my pronunciation, my Tūwharetoa in Waikato pronunciation. They exercised customary rights, predominantly in relation to the primary area of interest of Ngāti Whātua Ōrākei.

There was an agreement in principle in 2006, and I want to acknowledge that for 6 long years the mana whenua, the iwi of Tāmaki-makau-rau, have worked together. So, yes, there has been a collaboration between the Crown and Māori, but actually there has been a greater collaboration between the mana whenua groups across Tāmaki-makau-rau, and I want to acknowledge the work that we have done as a people to move this process forward. It has taken 6 long years of collaboration, but this is the beginning of that collective process, so I want to acknowledge all the work, all the blood, sweat, and tears, that I know has gone into creating the settlement that is before us today.

In conclusion, this is the second series of Treaty settlement bills that have been before the House this year, and, as you can see, it is an area where we have cross-party support. It is not bipartisan; actually, it is all of this House, all members of Parliament, and all parties within Aotearoa who want to see the resolution of historical Treaty grievances. It is an acknowledgment that our tangata whenua, our indigenous peoples, have been adversely affected by colonisation. So this is all of the House working together to make sure that we give resources back to iwi groups, so that, as Shane said, you can move forward and start focusing on the future and on how we can create legacies for our children.

I do want to highlight words spoken by the Hon Christopher Finlayson, the Minister for Treaty of Waitangi Negotiations, on 16 February 2012 during the first reading of the first series of Treaty settlement bills. He said: “iwi have offered to forgo full compensation in order to contribute to the future development of New Zealand,”. He also thanked them—thanked you—for your generosity in reaching settlement. We can never give you back what was taken, but what we want to do is give you back land, some resources, hopefully, some contracts, and, hopefully, what you need to grow a base to support your members.

What I do want to say is that in that process of generosity that iwi have exhibited, I hope that ethic of generosity extends to all New Zealanders, and that we do not have any issues from other groups wanting to contest the settlements that you have reached.

I look forward to my participation in this Treaty process as a member of the Māori Affairs Committee, and I thank you very much for making the effort to come down to Wellington, out of your rohe, and I wish you safe travels. Kia kaha, kia toa, kia manawanui. Kia ora.

I am very pleased to speak on behalf of the Green Party to these two bills, the Ngāti Manuhiri Claims Settlement Bill and the Ngāti Whātua Ōrākei Claims Settlement Bill. Tēnā koutou katoa. It is very nice to have the claimants here in the Chamber with us for this first reading, and, no doubt, I am looking forward to speaking with them in more detail during the Māori Affairs Committee consideration, when we will hear more of the stories of the history of the claims and the hard work of those who have been working to bring them to this point.

Addressing firstly the Ngāti Whātua claim, the Green Party will be supporting this legislation. I have spent quite a lot of time meeting with Ngāti Whātua over these issues and other ones that pertain to them—for example, over Auckland governance and some of the other difficulties that iwi Māori in the Tāmaki-makau-rau region have been suffering over recent years. I know that a huge amount of work has gone into this settlement. My colleague Dave Clendon will speak later on the detail of the Ngāti Whātua claim, but we are very pleased to be able to support this claim.

The principles behind how the Green Party approaches Treaty settlements are that we believe that the Crown and its representatives have breached, and continue to breach, including within the settlement process, Te Tiriti o Waitangi. We agree that there must be resolution of, and restitution for, all outstanding historical and contemporary breaches as they occur. We believe that Te Tiriti o Waitangi supports hapūtanga, and that hapūtanga is undermined by the Treaty settlement process and its focus on large natural groupings, which tends to undermine the particular claims or the particular issues suffered by hapū over the period of colonisation as it occurs. We also believe that Te Tiriti o Waitangi is a positive force for social cohesion and peace in this country, and despite the occasional strange article by people with opinions and not much knowledge, the fact is that the Treaty has, in many ways, brought Aotearoa together. Whether it has been from whānau to whānau, whether it is in the retention of land and forestry in New Zealand lands, the Treaty has been a force for good in this country, and can continue to be so.

But the full capacity of te Tiriti to be used as this force for social good, for social cohesion, and to bring our communities and whānau together cannot be reached until there is genuine restitution for the wrongs that were committed by the State against hapū. That requires the restitution of rangatiratanga, it requires the restoration of decision making, and it requires respect for the process by which iwi and hapū organise themselves, and make decisions themselves. The difficulty we have with the Treaty settlement process, and have always had with it, is that it is not designed by Māori or for Māori. It is not designed according to the rangatiratanga of iwi and hapū. It is designed according to the needs of the Crown to find a cheap way and quick way of addressing issues that the broader constituency might want addressed, but which still, in the process, causes further harm. The large natural groupings policy is one of those ways that continual harm is done to iwi and hapū.

The “picking winners” process that the settlement essentially creates is another way in which harm continues to be caused against iwi and hapū, and continual breaches are made, because iwi and hapū with legitimate claims and real concerns, and who have been injured by the actions of the State, are left out of the process because the process is not designed to meet their needs.

The Greens in the past have tended to support Treaty settlements, because we know that often many decades of work have gone into bringing them to this point of legislation, and we know how many hours have gone into managing the claims process, how much work is involved in working with the communities, and how much effort has gone into working with the Office of Treaty Settlements and the Minister for Treaty of Waitangi Negotiations to try to get some reasonably just process and restitution, although that is very rare to see. And we know that lives are lost in the process, from when the first claims are made, to the Waitangi Tribunal hearings, to the ignoring of those reports by the Crown, to the negotiations that often trap iwi into fait accompli deals that they simply, under duress of poverty, have no choice but to accept. That is how the majority of Treaty settlement claims are dealt with by the State.

We have to take this very seriously. This is not about rubber-stamping, this process, because it is not a just process, and it does not provide just restitution. So the Green Party takes very seriously that we are decision makers over the supposed full and final settlements. We do not believe they are full and final; we think they are deals done today, according to today’s constraints, and that the issues will be revisited.

That does bring me to the Ngāti Manuhiri claim. On this settlement the Green Party has agreed to abstain in the first reading, which for us is a big step, because we have generally supported all claims. But we are abstaining today on this claim because we think that the issues that have excluded Ngāti Wai from the proper process around their claim over Te Hauturu-o-Toi are so serious—are so serious, by the Crown—that we are simply not prepared to support it at this stage and say that it is OK. We do not think that this settlement bill is OK, so we will be abstaining on our vote for it, and we look forward to hearing from the claimants from Ngāti Manuhiri and from Ngāti Wai, and from all of those others who were involved at the select committee, so that we get a fuller picture of what is going on for all these hapū, all these iwi in this claim.

To that extent it is important, then, to put on the record, as we have earlier today, the issues around Te Hauturu-o-Toi, particularly for Ngāti Wai, because they are the ones who are not being represented in this Chamber in this debate. Ngāti Wai, as I understand, claim Hauturu as a significant taonga for them. They were also resident on Hauturu, and they were also forcibly evicted from that island. My understanding is that the Ngāti Wai Trust Board does not support the inclusion of Hauturu in this settlement, or at least it is in dispute, because the whole Ngāti Wai claim needs to be dealt with, rather than just this one part.

The deed of settlement we are discussing today offers three major parts to the redress of Hauturu, which I think is worthwhile noting because it is reasonably odd. Hauturu is to be returned to Ngāti Manuhiri for 7 days in fee simple title—for 7 days—and then it is to be returned into Crown ownership and Crown management but for a small portion of 1.2 hectares set aside for ongoing lease by Ngāti Manuhiri. There is then the next stage of co-governance, if you like, over the environmental and other issues around the island between Ngāti Manuhiri and the Crown. I think this raises real concerns. The Crown is saying to Ngāti Wai that it can deal with Ngāti Wai’s need for redress over Hauturu at a later stage. It does ask the question of whether we will see more often that land is given back and then taken away again, perhaps to be used to give to somebody else at some later stage and then taken away again, perhaps given to another iwi and taken away again. It is very hard to have any confidence that this process is just for the people who have been stripped of this land, who have lost this land through theft and unlawful actions by the State, and that there is any real, just process if this is the kind of restitution or redress that is being sought.

I can see that the Minister has got a grumpy look on his face and he disagrees with me. That is not unexpected, and there will no doubt be some more of that. The Green Party takes this seriously. If we are to now endorse a settlement that takes away the rights of some iwi and hapū and that returns only a very small portion of what was lost to others, then we simply cannot rubber-stamp it. There has to be a real consideration of the issues. Not for one minute do we disrespect the process for the iwi and the hapū, but we do take this very seriously. We look forward to hearing from all of those involved during the select committee process. Thank you.

I rise on behalf of New Zealand First and, like the members before me, warmly welcome representatives of all iwi represented here tonight. Each of you represents the many thousands who cannot be here but would be if they could be—and here you are not alone. Ka mihi e ngā iwi kei konei i tēnei pō. Ka mihi ki ngā tini aituā kei a tātou whanaunga mā. Tēnā koutou, tēnā koutou, tēnā tātou katoa.

[I acknowledge you, the tribes who are here this evening, and the many deaths that are upon us all, relatives. Acknowledgments to you collectively, and to us all, greetings.]

New Zealand First acknowledges the arduous journey that iwi have taken to reach this point that has finally brought us together. New Zealand First supports the settlement of injustice and grievance. I would like to express our concern, however, at the hastiness of this latter part of the process. Dumping bills together and rushing them through in the dead of night is not the pathway to illumination. The settlement of these historic grievances is far too important and needs to be open and transparent.

To Ngāti Manuhiri, New Zealand First’s sentiments, unlike the Greens’, echo those of the honourable member for Labour Shane Jones. And the leader of New Zealand First, Winston Peters, who is Ngāti Wai, also supports your claim. Nō mua ka kite a muri. The things behind us enable us to see the things in front of us. In darkness there is confusion, and the last thing we want to be party to is swapping one grievance with another because of some New Zealanders simply being unaware of what has truly gone on. The real enemy is ignorance.

With that in mind I draw your attention to Part 3 of the Ngāti Whātua Ōrākei Claims Settlement Bill and clauses 54 and 55. There is an interesting conundrum. How do we balance community and commerce? Our support for this bill going to the Māori Affairs Committee is robust, because select committees are the place where the diverse opinions are expressed. This land in clauses 54 and 55, given its reserve status, ought not be trivialised. However, of equal importance are the historic claims of indigenous people, who ought not be marginalised—and there lies the conundrum.

It is not for me to say so early whether the weight of historic grievance should overwhelm the efforts and attachment that the local community has for that particular public space; that is the purpose of the select committee. But with passions on both sides, it highlights the need for honest, open, and accountable discussion. To transfer hurt and mistrust from one group to another is a rob Peter to pay Paul scenario that we must never countenance. Recent history shows us that when this Government rushes through bills there is usually a harmful side effect, and any mistakes or inattention to detail at this stage would be devastating.

No matter how big or how small the compensative settlement is, we must set aside the time for the public to view the facts in the bright light of day and allow New Zealanders time to travel to this venue to participate in the process. New Zealand First asks that the second and third readings be in daylight hours, with extensive notice, so that all interested New Zealanders can share the significance and the knowledge, restore spiritual dignity to the process, and embrace the healing, to celebrate what should be momentous occasions for all Māori and all non-Māori—tātou tātou, us and us, all New Zealanders. Thank you.

I am pleased to take a call on these two cognate bills, the Ngāti Manuhiri Claims Settlement Bill and the Ngāti Whātua Ōrākei Claims Settlement Bill, and could I say in passing that the Greens, in fact, do support this process, with all due respect to the previous speaker, Brendan Horan. We are part of the all-party agreement that this was an appropriate process. The intention of the process is to have the bills go through more quickly. The third readings, of course, will always be separate, to ensure that the iwi and hapū affected have their moment solely for themselves. We do absolutely support this process. As I say, with all due respect to the previous speaker, we think it is a good process. There is a great deal of legislation. People have waited a long time for these bills. It is time that we have them go through the process as quickly and as smoothly as we can. I certainly add to others’ greetings to the people of Ngāti Manuhiri and Ngāti Whātua Ōrākei who have come to this House to witness this step forward.

I will confine my comments to the Ngāti Whātua settlement. As an Aucklander for most of my life, indeed—we all know that it is New Zealand’s finest city, of course—I know that the city exists only due to the generosity and significant hospitality shown to the early settlers by Ngāti Whātua with the gifting of land and the sharing of resources. I think that is a debt we need to acknowledge as we go forward. Clearly, the generosity and the hospitality were not reciprocated entirely, and that has led to the situation we are in today where we endeavour to make good, to make some restitution for the very shabby treatment that Ngāti Whātua endured over many years. Perhaps the low point of the relationship between Ngāti Whātua Ōrākei and the Crown—the Government—in modern terms, at least, was in the 1950s when their homes, their whare, were destroyed and burnt, when their tauranga waka and their fishing grounds were compromised by sewerage pipes and the like. I think it is to the great credit of Ngāti Whātua that for the last 30 or so years there has been reassertion of their mana, of their right to be there, and of their right to be involved in the ongoing future of Auckland.

Auckland is often called the City of Sails. That is a great slogan, a great brand, but equally it is a city of maunga—Maungawhau, Maungakiekie, and Puketāpapa. These are the icons of Auckland, and, clearly, we are grateful, I think, and ought to be grateful, to Ngāti Whātua for having revealed to us some of the history of those places, the significance of those places, which were all centres of settlement that supported very large populations of people. Tāmaki-makau-rau has been a prosperous place historically and, hopefully, will be again. But these are important sites and it is a great credit to Ngāti Whātua that increasingly they are visible. I recall last year attending the opening of a cycleway on Mount Roskill—Puketāpapa. OK, that was a good thing for many reasons, but it was important and significant that Ngāti Whātua were there from the moment it began. They were part of the design of that infrastructure. There is a distinctly Māori flavour to the landscape architecture, to the trail itself. They were there to give their blessing to the project on the opening day. That added a real richness and a value, and I think it is something that increasingly Aucklanders are acknowledging—the value and the benefit that are coming from moving to a much healthier relationship based on the Treaty.

It has been mentioned already, of course, the Takaparawhau occupation in the late 1970s and the tragedy that was associated with it. There was the loss, as will be well recalled, through an accident, of a young child’s life, which was a significant tragedy. It is of great credit, particularly to the Hawke whānau but to all of Ngāti Whātua, that they took that stand. It was a turning point, and not only in Ngāti Whātua history, and not only in Auckland’s history; it was a turning point in the history of this country. It was a moment when a hapū, when an iwi, stood and said “We do not step back from here.” They stood alongside other Māori. They stood alongside Pākehā of, I dare say, every political persuasion. It was a rare moment, it was a turning point, and I think we have to acknowledge that historical moment, which ultimately led to a victory.

We have seen a resurgence of Ngāti Whātua’s presence in the city. They now manage a significant property portfolio. There is an emergent generation of leadership—people like Ngārimu Blair, whom I have had the pleasure of knowing for some years. I have been very happy as a volunteer, and purely for my own pleasure, to be involved in some of the planting days on whenua rangatira, to see Ngāti Whātua young people, under their leadership, running event days and doing a zero-waste programme, which not only teaches young people skills and generates some income but proves that young people in the cities can still respond very well to the leadership of the iwi and hapū in very positive ways. The whenua rangatira has always been an asset to Auckland. The revegetation programme and the expansion of that land under some of the provisions of this bill that give Ngāti Whātua increasingly some management rights and some control—indeed, ownership—of the maunga of other sites around Auckland are going to continue to add richness. I think we owe them a great debt of gratitude. We look forward to Auckland becoming an even more dynamic and beautiful city. It is a pleasure to be part of progressing this bill and we look forward to supporting it. Kia ora.