🧪 EXPERIMENTAL / ALPHA — this is an independent prototype, not an official record. Data may be incomplete or wrong - always check the linked Hansard source before relying on it.
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Wednesday, 25 July 2012

Ngāti Mākino Claims Settlement Bill

Third Reading
HansardID: fe9a1b37-4b3e-4142-a4c7-eba1fb4864f4
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🗣️ Speech Hon Dame Tariana Turia (Māori Party — Member for Te Tai Hauāuru)
Time unknown

on behalf of the Minister for Treaty of Waitangi Negotiations: I move, That the Ngāti Mākino Claims Settlement Bill be now read a third time. Whakapaura te maunga, Rotoehu te moana, Whakahau te tangata, Mākino te iwi. Ka nui te mi’i ki a koutou Ngāti Mākino kua tae tinana mai mō tēnei, te pānui mutunga o tō koutou pire. Kei te mi’i ’oki au ki a koutou kia kawea nei tēnei kaupapa, nō reira, e te takitahi, e te takitini, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Whakapaura is the mountain, Rotoehu is the lake, Whakahau is the person, and Mākino is the tribe. I acknowledge you greatly, Ngāti Mākino, who have arrived here in person for this, the final reading of your bill. I pay a tribute to you who will take up this matter, so to the individuals and the very many, salutations, acknowledgments, and congratulations.]

We shift our gaze of focus from Te Kūiti to the land of Ngāti Mākino, from Lake Rotoiti and Rotomā to the coast. As we gather here today, never far from our thoughts are those who have carried the mantle for Ngāti Mākino over a long and arduous journey. We think in particular of the legacy left to us by Kāwana Te Kirikau, Koro Tawa, Hoani Atutahi, Whakarewa Hunuhunu, and others.

There is no clearer context for this bill other than that set by Te Ariki Mōrehu, so I open with his words before us: “Ngati Makino has suffered loss of life, land and authority as a result of egregious Crown action. War and raupatu were inflicted upon Ngati Makino, which destroyed their political cohesion, splitting the iwi and pitting individuals and hapu against one another. These deleterious impacts were further compounded by court structures and land laws which were utilised in a way that eroded the mana, rangatiratanga and traditional Ngati Makino tribal structures. The cumulative effect of the Crown’s actions rendered Ngati Makino virtually landless as they were stripped of possessions and deprived of benefits that were used to contribute to the wealth of New Zealand.” The palpable grief and anger are inherent in the story told by Te Ariki, one that is too often shared by other iwi. The historical grievances relating to the New Zealand Wars, the operation and impact of the native land laws, the Crown’s land and purchasing techniques, and 20th century issues relating to public works and scenic reserves takings are all effects and experiences of colonial rule that have left a lasting impact on the hearts and souls of iwi throughout this land. But when the story is overlaid with the dire impacts of the Bay of Plenty confiscation, one begins to understand some of the scope of the settlement that we are debating today.

By 1992 only 0.6 percent of the combined area of the three major blocks in which Ngāti Mākino had interests remained in the hands of the iwi—0.6 percent. Is that fair? Is that just? Is that the promise of Te Tiriti o Waitangi represented today? We say it is not. One of the most significant aspects of the legislation we will pass through the House today is that the Crown acknowledges that certain actions or omissions of the Crown arising from the interaction with Ngāti Mākino breached Te Tiriti o Waitangi and its principles.

The final acknowledgment states: “Through these acts, the Crown, its Ministers, and government departments have dishonoured the Treaty of Waitangi, its principles, and its spirit, denigrating te mana motuhake o Ngāti Mākino. In so doing, the Crown acknowledges that it has brought dishonour upon itself.” These are very strong words, and they represent how seriously the Crown understands its obligations to restore peace and justice to the people of Ngāti Mākino.

It now falls time for these grievances to be lifted. The negotiations that have been led by Āwhi Awhimate, Te Ariki Mōrehu, Morris Meha, and Neville Nēpia have resulted in a series of measures, including that eight sites of special significance will be transferred to Ngāti Mākino, totalling 720 hectares. Three sites will be vested with Rotoehu Conservation Forest: Te Kōhanga, Ngā Pōrōtai-o-Waitaha-a-Hei, and a 3 hectare site for a wānanga; and there will be whenua rāhui for over 256 hectares of Lake Rotomā Scenic Reserve.

The financial compensation includes $6.7 million quantum and $3.6 million for the delay in settlement, 3,450 hectares of Rotoehu West Crown Forest licensed land, right of first refusal over five sites of public conservation land, and opportunity to enter a sale and lease-back agreement over Ōtamarākau School. The recognition of the delay in the process is an important feature of the settlement. The year 2012 marks two decades since the first claim was filed by Kāwana Te Kirikau.

In 1998 terms of negotiation were signed with the National Government and the Ngāti Mākino Heritage Trust, but with a change of Government the Crown withdrew from negotiations, and Ngāti Mākino were once again forced back to the Waitangi Tribunal, the High Court, the Court of Appeal, and the Supreme Court to protect their position. It was, no doubt, small comfort that in 2004 and again in 2005 the Waitangi Tribunal found that Ngāti Mākino had suffered prejudice as a result of the Crown delays in negotiating with them. We acknowledge today the frustrations and the despair that accumulated over the drawn-out negotiations, and we hope that this settlement today will alleviate that sense of injury.

Now it is time for us all, with the benefit of hindsight and in the spirit of optimism, to support the aspirations of Ngāti Mākino in moving forward. The Ngāti Mākino legislation represents efforts to restore and reconcile a relationship between the Crown and Ngāti Mākino, and in this regard I want to mihi to those amongst us in this House who have worked hard to advance this settlement—the diligent Minister Finlayson and the Hon Tau Henare—and I acknowledge too the contributions of the Hon Dr Sir Michael Cullen and the Hon Mahara Okeroa, who all played a part in smoothing the pain to reconciliation.

Alongside of the historical account and the Crown acknowledgment, statutory acknowledgements, and the deed of recognition, there is also an investment made in ongoing dialogue. Protocols are to be established with the Ministry for Culture and Heritage and with the Ministry of Economic Development in respect of Crown minerals, and there will be letters of introduction with local government agencies and the Minister of Housing. A pathway to the future is charted with a payment of $500,000 to identify social service needs, and $1 million for the restoration of six marae in the Ngāti Mākino rohe. These are all milestones along a journey to move out the process of settlement and to reconstruct the collective capacity of the people.

In this spirit, it is only right to return to the words of Ngāti Mākino in the submission presented by the chairman, Awhimate Awhimate. He said: “Those who have stood at the forefront of our waka, I acknowledge you. In particular, to those kuia, koroua who stood with pride and dignity to always preserve, enhance and maintain the mana of Ngati Makino. Their diligence, determination and fortitude allowed us to maintain our identity, our individuality against oppressive governments who thought we were better served being ‘clustered’ and absorbed with other iwi. Through their perception, wisdom and foresight we finally emerge from this process ‘mana enhanced’, ‘mana intact’. This settlement is the enduring legacy they leave for our tamariki, for our mokopuna and generations to follow; that Ngati Makino stand on their own mana and we will be recognised hence forth in our own right, an iwi among iwi.” I commend this bill to the House.

🗣️ Speech Parekura Horomia (New Zealand Labour Party — Member for Ikaroa-Rāwhiti)
Time unknown

Tika atu i runga i te tū nei e mihi kau ana ki a koutou katoa e whai kaha atu i konei i te wāhi nei i te Whare Mīere mō o koutou kaha. Ki a koutou ngā tūpakeke i a rātou e rere atu, e kore i konei, e tangi ana te ngākau. Engari, ki a koutou katoa e noho ana ki ngā roto i te wāhi rā o tō hau kāinga, e mihi kau ana. E mōhio atu tātou te roaroa haere o te kawenata nei. E rongo atu koutou ki ngā āhua o ngā pakanga, ki te tāhae hoki o te Kāwana, ngā raruraru pērā tonu i te mahi porotehe o wētahi o ngā kaimahi o te Kāwana. E pai ana, e tae atu tātou i te rangi nei hei whakatikatika i tērā taumaha. Nō reira, koutou mō tō kaha ki te tae ki konei e Mākino, e mihi kau ana, tēnā koutou. E tika atu i te mihi atu ki ngā tūpakeke, te koroua Te Ariki, e mihi kau ana. Mai rā anō tōna kōrero i tū mai ngā wāhi o ngā marae, e kaha ana te koroua ki te kōrero atu mō te āhua ō tōna iwi. Nō reira, i a koutou katoa tēnā koutou.   

[It is appropriate as I rise that I acknowledge you all in your efforts to come here to this place, the Beehive. I salute your efforts. I also pay a tribute to the elders and those who are no longer with us. I mourn them. I also acknowledge those living by the lakes back at your homelands, greetings. We know this settlement has been a long journey. You have heard the nature of the fighting, the theft by Government, problems like those relating to protest actions by some Government workers. We have reached this day to remedy that hardship, and that is great. Therefore, I commend your efforts to get here, Mākino, well done. It is right that I acknowledge the elders, in particular Te Ariki. I commend you. From the outset, he has stood up on marae and vigorously debated the plight of his people. So I commend you all.]

It is certainly an honour to be part of this great end today. It would never meet the heights of what it should be. But certainly I want to commend the Minister for Treaty of Waitangi Negotiations, Chris Finlayson, for his effort; past colleagues Michael Cullen, Mahara Okeroa, and Mita Ririnui; and Minister Turia. We join with them in bringing what has been a long journey—at times unnecessarily long—to fruition. It is important to congratulate and thank Āwhi Awhimate, like I said, the koroua Te Ariki Mōrehu, Morris Meha, Neville Nēpia, the Ngāti Mākino Heritage Trust, and—as usual in naming people, you are leaving people out—all of those other people involved. At times it is a risky thing to name people, because you forget some auntie or uncle. But I certainly want to mention kuia like Te Hīrata Sykes and those ones who have been there from the beginning to now, and recognise that they have played a part in it and that they have shown the way forward. So kia ora koutou. To the officials, thanks again. At times it is an unthankful job, but certainly they fared well in this one.

The record will tell us that the land deeds and practices of the agents of the Crown were certainly unwise, unjust, and unfair. We can wax lyrical about how bad they were, but in this case they were terrible, and the fact that they removed rights and removed property is something that the Ministers, past and present, have tried to put forward. The Maraeroa A and B Blocks Claims Settlement Bill recognises, through an apology to Ngāti Mākino, those historical acts, including the battle of Kaukauroa. That was huge land confiscation, and it was unfair. Of course, among Mākino at the time there were differences between those who supported the Kīngitanga and those who stood neutral, and in their own sense they chose to do their part, but certainly the British and the Crown did not care where the parties were, and they did what they did.

The transfer of the eight sites of significance to the Ngāti Mākino Heritage Trust is critical, as is the whenua rāhui classification of over 256 hectares of the Lake Rotomā Scenic Reserve, which provides for the Crown to acknowledge Ngāti Mākino values in relation to the area. I think, taking on from earlier speakers, it is intrinsic in the sense of their cultural inheritance and their whakapapa that those values can never be put asunder by any deed or charter of the Crown. That can be recognised, no differently than for the different parishes in this country that tend to serve one person, and the other Pākehā organisations that seem to be differing in their views, but certainly get to a collective point at a time of moving against Māori.

That is what Ngāti Mākino need to be recognised for. They have more than pulled themselves together, as I heard one person try to say the other week. There has never ever been a problem about them being who they were; it is about the perception of those people who have worked with them. This is an iwi who have stood the test of time, and who have decided to go to where they have gone to. In the sense of the cause, and the neighbours and whanaunga, it is interesting the way that they started off. There was a deal approached to getting towards where they have got to today, but they had different time lines and separate journeys, and they chose to do that.

We can cite the quantum, as Minister Turia has spoken about—the money—and at the end of the day it is there and they will manage it well. They are pretty good at that. But in relation to the classifications and the jurisdiction that the Department of Conservation has, Minister Finlayson, I see that it has the authority again to allow easements or whatever else. Very interesting, Minister—here we go again. So I want to say again, Minister, with regard to all these ministry thankyous and activities that you have promised that they will enact with iwi, you must keep your finger on it. You know, there is a bit of a history developing of these tari—these ministries—saying: “We’re going to do this. We wrote it in the charter. Here we go.” So again I respectfully suggest, Minister, that you keep an eye on it. If you are too busy, you get Minister Turia or somebody else—or me—to watch them, and I tell you, I will keep an eye on them.

Seriously, it is something that our people need. It is something that they need. Let us not just be hodgepodge, as it was in 1863 and 1853, and let it just drift by. So again, Minister, I will not ask you to increase the quantum this time, but I will ask you to make sure they do the job. That is really important. I have been around long enough to hear people say: “Yep, we’re going to do this.”, and then they are talk about a green bike and they end up with a broken-down horse. So in relation to that, I want to commend the Minister for getting through with this thing.

The purchase of the balance of the Rotoehu West Forest licence land will provide for the transfer of approximately $9.9 million in accumulated rentals to the Ngāti Mākino Heritage Trust. That is really great, and it is great that hopefully, as the Deputy Speaker understands, the interest will be going with the money. Kia ora, Minister. You can look up now.

But look, those old people need to be really commended for this effort—and all of them who have turned up here today. Some of the faces are very familiar. They have been along the battered highway of reproach to try to ensure that they get this settlement out of the way, and that they can create a better lot for their people.

I want to commend the chair of the Māori Affairs Committee, Tau Henare, for his efforts. I feel sorry for him, because he has gone back to smoking. But I want to mihi to him because he really puts the effort in and makes sure we toe the line to get this stuff through. I want to mihi to the chair of the Māori Affairs Committee. We are overworked, but, like you said, being on the Māori Affairs Committee is like being in the All Blacks. It is not like the Warriors. So I want to recognise the chair of the Māori Affairs Committee and all the other members there who have helped us to get to here. That he has got a bit of publicity today is another issue, because he is a great bloke, and I will not get into his point of difference with who he has been disagreeing with. But I know he agrees today about how great this settlement is for the Mākino people.

Nō reira, tērā anō te whakaaro i roto i a au. I a koutou e kaha ana i te whakatū mana tō whakapapa, e mihi kau ana. Ahakoa ngā piki, ngā heke e pai ana te ora, te whana ākuni e puta ana mō te pai o te rangatahi. Nō reira, i a koutou katoa, ngā rangatira, ngā koroua, kuia, te rangatahi pea o Ngāti Mākino, e mihi kau ana. Kia pai te hoki ki te kāinga, ki te wāhi pai e mōhio atu koutou. Tēnā koutou katoa.

[So that is my view. I really applaud your efforts to give your genealogy status. Despite the ups and downs, benefits and funding for the young people will emerge eventually. Therefore I commend you all the leaders, the old and young ones perhaps of Ngāti Mākino, congratulations. A safe return home to the refuge that you know is good. Greetings to you all.]

🗣️ Speech Hon Christopher Finlayson (New Zealand National Party — List Member)
Time unknown

Ko Te Arawa te waka, ko Matawhaorua te maunga, ko Waitahanui te awa, ko Ōtamarākau te marae, ko Ngāti Mākino te iwi, rau rangatira mā, nau mai, haere mai. Haere mai ki tēnei rā nui, tino whakaharahara mō koutou, mō te motu. Nā koutou te kaha, nā koutou te manawanui, kua tata te mahi. Kei te mihi atu ki te hunga kua mene atu ki te pō, haere ngā mate, tēnā tātou.

[Te Arawa is the canoe, Matawhaorua is the mountain, Waitahanui is the river, Ōtamarākau is the marae, and Ngāti Makino is the tribe; welcome leaders of a hundredfold, welcome. Welcome to this great and wonderful day for you and for the nation. You have been strong and stout of heart. It is nearly done. I pay a tribute to those who have assembled in the void, farewell the dead, and acknowledgments to us.]

I am really pleased, as the Minister for Treaty of Waitangi Negotiations, to speak in this third reading debate, and I reflect on those words: “Haere mai ki tēnei rā nui, tino whakaharahara mō koutou, mō te motu.” This is a day of significance and importance for the iwi and for the country. Those sentiments need to be emphasised time and time again, because I know what is going to happen at the end of the day. I will have received some emails, as other members will have received, and they will fall into two distinct categories—two groups of people, both of whom are ignorant, mean-spirited, and wrong.

On the one hand there will be those who just do not like settlements. They say a people should just get on with it and not dwell on the past. I am sure Mr Horomia will get a few of these as well.

Well, in our own way, over many years, both major parties, in particular—and through them the country—have developed a method of historical dispute resolution that is the best in the world. It has been a bipartisan effort. In 1975 it was the late Mat Rata who set up the Waitangi Tribunal, when Bill Rowling was Prime Minister. In 1984 the jurisdiction was extended so that the tribunal could inquire into grievances like this one, which go back many, many years.

In 1990 it was Jim Bolger and Doug Graham who said that all these reports were starting to pile up and something needed to be done about them. So in 1995 there was the first settlement with the late Bob Māhuta and Waikato-Tainui, and in 2008, when this Government came in, it committed itself to an aspirational goal—not a deadline, because deadlines do not work, but an aspirational goal—of just and durable settlements by 2014. When people say: “2014—why?”, well, you have only got to look at the example of Ngāti Mākino. Their claim was lodged in 1995, and yet the deed of settlement was signed by us at Ōtamarākau Marae on that beautiful day, 2 April 2011. So there is much to be done if we are to reach a stage where there are just and durable settlements for all iwi who are willing and able to settle.

Then there are those in the second category, to which I referred, who dismiss what is going on today as mere deals. These people have never been involved in negotiations, they have not even read the history, but they still purport to know it all.

Well, I particularly want to focus on Ngāti Mākino today, but, very briefly, one can say to look at the bills we are debating today, and I thank the House for facilitating that. All of them are truly unique, in the real sense of that word. All reflect the special history of what has happened. We have just had the Maraeroa claims. That was not an iwi settlement, but it was a bloc claim brought by various people from a number of iwi. We are now dealing with the Ngāti Mākino claim about the sufferings that occurred during the strife in the Bay of Plenty after the war between the Crown and Kīngitanga spilled over into the Bay of Plenty in around 1863. This afternoon we will be looking at the Ngāti Rongowhakaata claim, and particularly the unique aspect of that is what happened to Te Hau ki Tūranga when it was basically stolen and put in a museum, and it is now going back to where it should be. Then there is the Ngai Tāmanuhiri claim—again, suffering in Tairāwhiti, but it has its own distinct history.

I think a hugely significant part of the legislation that is crafted as a result of the combined efforts of the Crown and iwi is the preamble, the history, and the acknowledgments by the Crown. Those acknowledgments are not made lightly. They are made as a result of a very detailed analysis of the history, and a recognition in 2012 that what happened in the 19th century in this part of the world was not good and that it needs to be acknowledged by the Crown. Those who are critical of Treaty settlements for one reason or another should read the preamble and should read the acknowledgments, because the history matters. I often think that so often people focus on the commercial redress, but the historical redress is an important—a very important—pillar of a settlement.

So in the deed of settlement, and again in this bill, the Crown acknowledges breaches of the Treaty, and the impact on Ngāti Mākino of those breaches. Mrs Turia and Mr Horomia have referred to those breaches, but it needs to be emphasised time and time again that by 1900, Ngāti Mākino, as the preamble says, were virtually landless, and yet in the 20th century the Crown compulsorily acquired further land for public works and to establish scenic reserves. As Mrs Turia repeated on a number of occasions, by 1992, only 0.6 percent of the combined area of the three major blocks in which Ngāti Mākino had interests remained in the hands of the iwi.

When those acknowledgments are given by the Crown they are genuine, and they need to be reflected on by all New Zealanders, because the Crown, through its Ministers and Government departments, did dishonour the Treaty, and demeaned Ngāti Mākino in the process. As both speakers have said, now, with the passage of this bill and the Royal assent, hopefully later today or tomorrow, it falls time for these grievances to be lifted. It is the real desire of the Crown to build a foundation of trust and commitment so that both parties can work together to revitalise te rangatiratanga o Ngāti Mākino.

Mr Horomia is absolutely right—and it was a point I referred to during the earlier debate—that it is all very well for the Crown to give its undertakings, and to send off the letters to the Ministry for Culture and Heritage and various other people, but the proof of the pudding, as the old saying goes, is in the eating. Whether or not the Crown does seek to revitalise with Ngāti Mākino te rangatiratanga o Ngāti Mākino will depend on how the Crown deals and works with the iwi in the years to come, and whether or not the fine words that are spelt out in the bill are honoured, in fact, through practical action. That is why Mr Horomia and I are singing from the same song sheet when we say that it behoves the Crown, regardless of administration—administrations come and go, but the obligation on the Crown is ongoing—to make sure that what is agreed in the deed of settlement and given effect to in the legislation is honoured in the years to come.

I want to acknowledge all the people who have come to Parliament today. I know that for some it has been a very, very long bus ride, and then this afternoon it will repeat itself. I thank you for your work over all those years. It is all very well for Ministers and officials, as we are the ones, I suppose, who do it in work time. So often, people who are acting for their iwi do it in their own time, at some considerable financial cost, and I sincerely hope that in the years to come your efforts will be recognised and realised. As I said, the Crown’s work is not over; it is just the beginning. I commend this bill to the House.

🗣️ Speech Louisa Wall (New Zealand Labour Party — Member for Manurewa)
Time unknown

Kia ora. E ngā mana, e ngā reo, e ngā whānau o Ngāti Mākino, tēnā koutou, tēnā koutou, tēnā koutou katoa. It is my privilege as a member of the Māori Affairs Committee to stand and to kōrero in this, the third reading of the Ngāti Mākino Claims Settlement Bill. I actually want to start with the Ngāti Mākino website, which I have just pulled up. I wanted just to say that preserving Mākinotanga is one of the primary objectives of your Ngāti Mākino Heritage Trust. It is great to see that you are already in the process of moving on with your settlements. I wanted to just read some of the objectives for you in terms of the settlement, which are about restoring Ngāti Mākino ownership and control over your ancestral lands, resources, and taonga tuku iho; to establish an economic base for the iwi of Ngāti Mākino; to promote the education, health, employment, and commercial opportunities for the people of Ngāti Mākino; and to promote and protect the tikanga, kawa, culture, and Te Reo of Ngāti Mākino.

All of those things, we acknowledge today, have been compromised because of the Crown’s historical acts. Through the process of colonisation, your identity has been stripped away from you, like a lot of hapū and iwi in Aotearoa. Really, this process, for us, is our truth and reconciliation process. So today is a very special day, and I am incredibly privileged to be part of the process. We have a role here in Parliament. This third reading, once this bill is passed, will enable you to move on. I want to acknowledge all of the tūpuna—and I see some of our tūpuna here in our photos—who have fought for many years to get to where we are today, and I acknowledge the journey that you have all taken to be here today.

I think it is really important, when we have these Treaty settlement bills in the House, that we actually outline what the grievance is, because this is a record in the Hansard, a record in our history, about what happened to Ngāti Mākino. Ngāti Mākino had lands taken from them in 1865, because they were deemed to be rebels. What was their rebellion? It was probably living their lives as Ngāti Mākino. That was your rebellion. So the Crown confiscated lands. They gave them back to you, and then they took them off you, because the people that they gave them back to were deemed to be rebels. I think it is appalling when we consider the fact you are getting only 0.6 percent of the original lands that Ngāti Mākino had. I think the acknowledgment of that fact has to be one of generosity; that we, as a people of Aotearoa, have to say to Ngāti Mākino: “Thank you.” It is through your generosity that we can move on as a country. Where I think this Treaty settlement process fits in New Zealand’s history is actually about us being able to move on, and to enable you to have some resources where you can do all the things that you want to do.

So the process today, and our standing up here today, is all about trying to get the resources in your hand. What I do want to note is that the New Zealand Conservation Authority will have to give regard to Ngāti Mākino’s values and protection principles in relation to the 256 hectares of Lake Rotomā Scenic Reserve. I hope in that process it will be about Ngāti Mākino naming the places that are of significance to Ngāti Mākino. Some of the challenges, and ongoing challenges in the future, will be to make sure that this clause that is in the bill actually enables you to own the lands and all the areas that you have mana whenua over. So they are going to be some of the challenges in the future, and we will be keeping an eye on them. Obviously, we are here, because if you do have problems in the future, you come back to my boss, Parekura Horomia, and we will make sure that your rights and interests are safeguarded. This Treaty settlement process is about empowering you—

The ASSISTANT SPEAKER (H V Ross Robertson): Order!

—“you” as in Ngāti Mākino; I apologise, Mr Speaker. It is about making sure that Ngāti Mākino whānau have the tools that they need to make the relationship actually real, and that is the challenge when we look at these Treaty settlement bills.

What I do want to highlight and talk about is the whole process of redress. I know that the Minister for Treaty of Waitangi Negotiations said this is not about deals; this is a settlement. But what it is also about is an ethic of generosity, again, by our hapū and iwi, who are prepared to settle and move on, in spite of the fact that you are getting only a fraction of your lands back. I think that as a country we need to recognise and celebrate that generosity, because it is only through your acts as Ngāti Mākino that we can move on as a nation. We can look forward to a place in our history where the relationship between Māori and the Crown is not about grievance, it is not about what has happened historically; it is actually about focusing on the future and the positive contribution that Ngāti Mākino and other whānau, hapū, and iwi in Aotearoa can make to building the country that we want.

I also want to highlight that this is actually about the status of hapū and iwi—that hapū and iwi are the first sovereigns of Aotearoa. You have a very special place in New Zealand’s history, but you have a very special place in terms of opportunities to be part of decision making. So processes like resource management processes, led either by the Environment Court or by our councils, should have hapū and iwi sitting round that decision-making table because of the significance of our whenua, our awa—the moana. It is through those types of relationships in the future that we will be interested in making sure that our iwi, like Ngāti Mākino, continue to have a role.

I want to thank the Hon Tau Henare and also my fellow members of the Māori Affairs Committee. It is the one area where we have consensus. It is the one area where I think we are always willing to go out to our whānau to listen to the stories. Some of the stories make you weep, but they are what is Aotearoa. The histories of Ngāti Mākino and other hapū and iwi need to be taught. Some of the discussions we have been having are how we can translate some of these Waitangi Tribunal reports, these bills, the deeds of settlement into tangible knowledge that our kids should learn about. When I say “our kids”, I am talking about all of our children through the curriculum of some of our high schools, for example. How can we embed this history, this New Zealand history, into the framework of our education system? Some of those challenges in the future, I am looking forward to the Māori Affairs Committee being a champion of.

I just want to again acknowledge the whānau who are here today. I am celebrating with you. We celebrate the fact that we have come to a point in your history where we can say sorry. We can give you back some of what was yours, but we can also say that we will be here in the future to make sure that what is contained in the settlement process actually enables you to have that Ngāti Mākinotanga. Kia ora.

🗣️ Speech Metiria Turei (Green Party of Aotearoa / New Zealand — List Member)
Time unknown

Tēnā koe, Mr Speaker. E te Upoko o tō tātou Piringa, me ngā mema e huihui mai, tēnā koutou katoa. Huri atu ki te whakanui i te Wiki o Te Reo Māori, tēnā koutou katoa.

[Thank you, Mr Speaker. Greetings to you, the head of House, and to the members assembled here, greetings to you all. I turn to acknowledge Māori Language Week, greetings to you all.]

Tēnā koutou katoa, Ngāti Mākino, who are present in the gallery today. Kia ora. I am pleased to speak on behalf of the Greens and our support for the Ngāti Mākino Claims Settlement Bill. I want to acknowledge my colleague Denise Roche, who made our second reading speech on this bill. It was a very articulate description that she set out in that speech of the history of the confiscation of the wars and of the loss to Ngāti Mākino over many years. She outlined a great deal of the history: the land confiscation from 1866 and the loss of 80,000-odd hectares of land by the 1990s. At a very early stage, most of the land was taken. Some 100 years later very, very little of that land was left.

I will take only a short call today, because I know that there is a great deal of celebration still to go for this legislation. I want to echo the words of both Denise Roche in her second reading speech and Louisa Wall today in her kōrero just earlier, about the generosity of iwi and hapū who accept these settlements and the generosity today of Ngāti Mākino in their acceptance of this settlement. It is 20 years in the making. That is a lifetime for many, and there were many lives lost during that process.

The Greens have always opposed the Treaty settlement process. We have always been prepared to stand up in this House and talk about the failures of the process, the weaknesses of the process, and what that means for iwi and hapū who are trying their best to engage with it. We have a huge amount of respect for those who are prepared to engage with it, because it is so difficult. It is unfair and it is ill-conceived, in our view. The Crown sets the terms, the Crown makes the rules, and the Crown creates the delays that lead to many, many years between a claim being made and a settlement being finalised. In our view, a durable and just settlement between two sovereign parties requires an equitable engagement between those parties. That does not happen in this Treaty settlement process. An equitable engagement between sovereign parties means that the parties agree together on the process that they undertake and that the parties agree to negotiate terms with an open mind. We know from settlement after settlement after settlement that that is not the case in Treaty settlements. The Crown comes to the table with a deal, and it is very rare for the terms of that deal to be significantly changed in the negotiations. It is not treated with an open mind, with a view to the needs of the other sovereign party in this engagement.

We also know that the resolution of settlements and Treaty settlements often lead to further injustices, and that should not be part of the process either. That is a weakness of the Treaty settlement process. We do not apologise for making that explicit in this House when we discuss settlements. Someone needs to be clear and straight about that. If we are to improve the process and to make sure we move towards durable settlements and just settlements where there is equitable engagement, we must be prepared to debate the weaknesses and the failings. But that also does mean, as has been said by Louisa and Denise—and, no doubt, others—that we recognise the generosity of iwi who are prepared to engage at all, and the hard, hard work and the money and the time that it takes for them to do that. They are prepared to put themselves on the line in order to get some progress, not only for themselves and for their whānau, their kids, and their mokos but also, actually, for the rest of the country as well.

I think one of the big changes that could be made to the settlement process that is a responsibility of the Crown—not of the iwi involved—is that their stories are made much more explicit, as has been discussed, to the rest of the New Zealand population. They just do not know about the history. It is a block to genuine progress for iwi and Crown relationships, and for our community relationships, that New Zealanders do not know the full history: the pain, the hurt, the damage, the loss, and the deaths that arose out of the colonisation process, which has now led to the need for the Treaty settlement process.

I am, I have to say, disappointed with the Minister for Treaty of Waitangi Negotiations’ rather personal attacks today. I think that those attacks belittle him, given that I understand he is committed to this process. But those attacks do belittle him, and I am disappointed by that. I agree with the Minister that the Crown must now build a relationship with Ngāti Mākino based on trust and commitment. I agree with him that it will be the actions of the Crown, or the actions of the Government more explicitly, that will count in the building of that relationship with Ngāti Mākino. But thus far we hear pretty words, and we do not see the actions that would give those words genuine dignity or that relationship genuine dignity. We look forward to seeing how those words will be put into action.

I want finally to pay my respects to all of those of Ngāti Mākino who have been involved in any way in the settlement process who have passed on, and our deep sorrow that the delays have meant that that has happened and those who worked for the settlement in the past have not been able to see it come to fruition today. I want to congratulate all of those who have worked and continue to work not only on the settlement but also on the best means to use the resources that have been returned, however meagre, for the benefit of their whānau, hapū, and iwi. It is no small feat to try to use these small resources to resolve more than 100 years of pain, loss, and degradation. Even that alone—that that attempt is being made and that the skills are there to do that work—is just extraordinary. The Māori community is extraordinary. Ngāti Mākino is extraordinary. I want to pay them homage for all the work that they have done. Kia ora koutou.

🗣️ Speech Tau Henare (New Zealand National Party — List Member)
Time unknown

Te mea tuatahi ki a koutou e aku rangatira, e aku tuākana, e aku tēina rānei, tēnā koutou, ā, tēnā koutou. Tēnā koutou katoa i haere mai nei i tēnei rā whakahirahira, rā nunui mō tēnei pire, nō reira, anō te hari, anō te aroha ki a koutou katoa. Tēnā koutou, ā, tēnā koutou, kia ora mai tātou katoa.

[Firstly, I acknowledge you, my leaders, elder or junior siblings: greetings, and salutations to you. I acknowledge you all who came here on this wonderful and truly great day for this bill. So joy and regards once again to you all. Acknowledgments and congratulations to you collectively, and to us all.]

You know when you go to a party, eh? When you go to a party, everybody is happy. It might be the celebration of Parekura’s 70th; it may be to congratulate the whānau on the birth of a new child. But there is always one person, you know? There is always one person who wants to throw a spanner in the works, who wants to say, not nasty things, but things that are not particularly right for the occasion. And I must admit I am sometimes like that myself.

💬 Hon Members: No!

Only sometimes—only sometimes. But this is a wonderful day. If we have a look at the whole day, it is not only about our work as parliamentarians progressing things to their final stage. Also, if you look at the big picture, we have moved from around the Taihape area over to the Eastern Bay of Plenty, and maybe later on this afternoon we will get down to the East Coast.

💬 Hon Parekura Horomia: Hooray!

What was that? My words to the hau kāinga, the home people, are this: beware of companies bearing gifts and great ideas to grow your pūtea. Please beware because, as we all know, if you fall over, everybody else in the nation says “See, told you they couldn’t look after it.” So it is a big pressure on the home folk. I have no doubt whatsoever that the home folk can look after the bank account and look after the growing of Ngāti Mākino as only Ngāti Mākino can. Ngāpuhi cannot tell you what to do—they would never try that anyway! Parliament cannot tell you what to do. It is in your hands, and, as my colleague and whanaunga Shane Jones said last week in the debate around Treaty settlements, it is now upon you—

The ASSISTANT SPEAKER (H V Ross Robertson): Order!

Yeah, yeah, I know. I seek leave to use the word “you” in my speech.

The ASSISTANT SPEAKER (H V Ross Robertson): Well, the member is perfectly entitled to do that. What I would say is that the word “you” is generally at the Speaker’s discretion, and sometimes as a Speaker, when we think it is pointing incorrectly to the Speaker, we will raise the issue with the member and call “Order!”. But the member is perfectly entitled to seek leave of the House. Is there any objection to that course of action being taken? There is none.

Thank you, Mr Speaker. Righto, you guys. I will not abuse my leave and will use the word “you” only when I refer to you.

It is a heavy load looking at the history of each Treaty settlement, and this is nothing out of the extraordinary, because it has happened to us all. We fight for 150-odd years to have some closure, and then when we get closure we have this huge other burden, and that is the pressure on you of our peers, of our whānau members, of other iwi, and of the nation as well. So I wish you well, and please do not hesitate to seek out those whom you trust. Seek out those who have skills from within. There are lots of young people out there today who are doing marvellously well—marvellously well—and we should be proud of the fact that there are young people in universities, are young people out there working in businesses, and are young people out there who have the nous and the skills to assist the home people. I say “the home people” with all humility, because that is where Ngāti Mākino is. It is at home that they are Ngāti Mākino. Although there are other people out there who are Ngāti Mākino of Ngāti Mākino descent, it is the home people who keep the fires burning. It is the home people whom we go to when we are on our travels. At this very point in time—right now—my mother-in-law’s sister is travelling on her last journey, most probably through the Eastern Bay of Plenty. So it is for the home people, the hau kāinga, to look after all of that whakapapa, all of what we expect when we look inside ourselves and discover that we are Māori, that we have whakapapa here, there, and everywhere.

Last week I spoke on the particular story of New Zealand. Like I said on the Maraeroa A and B Blocks legislation, for iwi, today is ending one chapter and tomorrow they will turn a page and it is a new chapter. It will be full of great expectations, the new chapter, and I want to give my salute to Ngāti Mākino and say that it will be OK. It will be great fun. The next part of the journey is going to be even more exciting than the last part of the journey.

I want to refer now to what my good friend and colleague the Hon Parekura Horomia said about the Māori Affairs Committee—and also my colleague Louise Upston mentioned it as well—because I think it is very important to understand how we work in the Māori Affairs Committee. Yes, we have our arguments just like at home. My arguments are mainly with my own colleagues. This is a select committee that prides itself on being able to see things from both sides, and prides itself on trying to work together, because, at the end of the day, most of our work is not concerned with the legalese, dotting the i’s and crossing the t’s; it is concerned about the betterment of Māori, and when you have that as a kaupapa, you tend to work closer and work in a more collaborative way.

Yes, I have started smoking again. Mr Horomia outed me this morning. But here is something to ponder. Here is something to ponder while we are all so aghast at somebody smoking these days. Here is something to ponder: 150 or 180 years ago, Pākehās from the other side of the world brought us tobacco and said “Here, have a smoke.”, and 180 years later they now tell us “You should give up.” I know I am making a joke. I know I am taking the proverbial out of it, but I have just got to say—and I use this as an opportunity—that there is a line in the sand. We all know that it is harmful. We all know that—now we do, and thanks to those people who have put that kōrero out there—but there is a line in the sand, and when you step over it you start to be a nagger, you start to be a zealot, and you start to be a fascist. Quite frankly, I have had enough of those people. I will not take it any more. When I go outside for a smoke I am proud of who I am. You know, the system, society, might say “Oh, look at that man.” I look in the mirror and say “Jeez, what a handsome man.” I also look at myself and think that Māori are not just, as one of my colleagues said, some sort of race of people; we actually are this land—we are this land. You cannot find us anywhere else in the world, except maybe Perth. Nō reira, koutou mā taku hoa, tēnā koutou, tēnā koutou, kia ora mai tātou katoa.

🗣️ Speech Brendan Horan (New Zealand First Party — List Member)
Time unknown

I am seriously concerned that nicotine really is a hallucinogenic! I find myself agreeing with many of the sensible comments that the Hon Tau Henare made, but I would add that he was actually very kind in the beginning, because I am, quite frankly, fed up with parliamentarians who come in here and sow poison. They lace it with particles of reason, but they sow the seeds of discontent, and they have not been on the journey that Ngāti Mākino has been on.

Blind Freddie knows that nothing can truly restore what has been taken; nothing can restore that. We all know that—all of us here in New Zealand. Let nobody watching this debate leave here today thinking that the negotiators have not done the utmost, the very best that they can do, and got the best they can for Ngāti Mākino—or any tribe in New Zealand, for that matter. I look forward to when the Hon Chris Finlayson comes back into the House, and I look forward to what he has to say about the Greens’ continued speeches.

I rise on behalf of New Zealand First in support of the Ngāti Mākino Claims Settlement Bill. Only two of the original claimants are still with us: Te Ariki Mōrehu and Te Hīrata Sykes. It was my great privilege to meet with Te Hīrata this morning at Tauranga Airport, and I would like to welcome her here in the gallery. Could we have a round of applause for Te Hīrata? [Applause] Te Ariki and Te Hīrata have been the backbone of this claim. This settlement and, most important, the apology create a new dawn for the people of Ngāti Mākino.

Their claim, as Minister Finlayson said, is distinctly unique, with a very special history, but it is also similar to many claims in New Zealand, in the atrocities that have happened to Māori all over the land. Yes, land was confiscated by the Crown, but then the Crown came again in the form of Māori land agents, who amalgamated Māori farmers’ lands. Imagine that: one day, there you are, king of your castle, at home, and another Māori comes along and says: “Guess what! You don’t own this any more. You are a part-owner of a bigger block of land.” But they could not leverage off it financially, and in the end they had hundreds of owners of a block of land. That was the start of many Māori families disintegrating, and of Māori having to watch European farmers being able to rent Māori land at peppercorn rates and build empires while Māori slowly but surely were increasingly forced off their land, losing contact, mana, wairua, and identity. This apology by the Crown restores that mana to the people of Ngāti Mākino, and I would just like to mention and thank all of those people who have worked so hard in this process. Kia ora.

I would also like to mention Ōtamarākau School, which has to be one of the most beautiful primary schools in the world. The parents, teachers, and locals all guard it zealously. They were most concerned when they thought that Ngāti Mākino was going to take that school, and it is my pleasure to put their minds at ease. Ngāti Mākino have given their reassurance that it will be business as usual at Ōtamarākau School, and they do the business of learning and caring for our most precious taonga, our children, very, very well. To those people who are watching on Parliament TV and those people who are live streaming from the other side of the world, you will never find a better fishing competition than the Ōtamarākau School fishing competition at Matatā. I will be there next year, and I look forward to seeing many of those of you here in the gallery today; I will see you there as well.

I just want to also reiterate the comments of the Hon Parekura Horomia and Tau Henare that this is—pardon me, Mr Speaker—your settlement. This is yours to do with as you wish, to be your future so that you can self-determine where Ngāti Mākino goes from here. Good luck, safe journey, kia ora.

🗣️ Speech Hon Louise Upston (New Zealand National Party — Member for Taupō)
Time unknown

Tēnā koe. Tēnā koe e te Whare. Rau rangatira mā tēnei te mihi ki a koutou i runga i te kaupapa o te rā. Tēnā koutou ngā iwi rangatira o Ngāti Mākino. Tēnā koutou, tēnā koutou, tēnā koutou katoa. Tēnei Te Wiki o Te Reo Māori, arohatia Te Reo.

[Thank you, and greetings to you, the House. I acknowledge you, the many leaders in respect of the matter of the day. Salutations to the chiefly tribes of Ngāti Mākino. Greetings and acknowledgments to you all. This is Māori Language Week. Cherish the Language.]

I am very proud to speak in this third reading of the Ngāti Mākino Claims Settlement Bill, particularly as it is Te Wiki o Te Reo Māori. I want to echo the words of my parliamentary colleagues who have spoken in the House today about the relationship between iwi and the Crown, and how it has strengthened with these final settlements, and the fact that we move to a better place each time we conclude a third reading in this House. It is a significant moment and it is fantastic to see so many represented here today from Ngāti Mākino to celebrate it with us. I am sure that when you return home you will share the memories of this day with your whānau, and I encourage you to do that, to make sure that the story of today is etched in your history of the days that got us to this point.

One of the things that we speak about when we talk about Treaty settlements is the economic benefits that are unlocked as a result. But the benefits are far more than unlocking economic potential. One of the things that I have been privileged to experience as part of the Māori Affairs Committee is to look at a number of the issues that the select committee is dealing with. Too often we are talking about people, but on the negative side. Yesterday in our meetings there was significant conversation about deficit. Well, I think the settlements unlock economic potential, but, more important, it unlocks the potential of our people. I deliberately say “our”—yours, ours, the people of Aotearoa. I want to speak a little bit more about that further in this speech.

We talk a lot about land, but, I think, more important, it is also the cultural and spiritual and historical significance of these settlements. I talked in my last speech on the Maraeroa settlement legislation about some of the economic benefits and the tourism opportunities in the area. But I want to move on to a couple of the areas that I see the settlements, such as the Ngāti Mākino settlement, provide. If I reflect, it was the deed of settlement that was signed in April last year that set out the commercial redress, and, unfortunately, sometimes what we focus on is the commercial redress—$11.9 million—and the return of culturally significant sites.

I think one of the things that we do not talk about enough, though, and I wanted to talk about it today, is Te Reo, because I think that the cultural benefits of the settlements not only benefit Ngāti Mākino but also benefit us as a country. I want to take an opportunity to acknowledge Te Ururoa Flavell. He is the champion of Te Reo in this House, in this Whare. Just this week, he has reminded us that our pronunciation could and should be better. But I want to applaud the fact that there are many members of this House who have spoken for the first time in Te Reo this week. They have not done it quietly; they have done it publicly. I commended my colleagues on Facebook. I was rather disturbed to get some criticism that asked why it is only during this week—Te Wiki o Te Reo Māori—that we do that. I said: “Well, actually, I don’t think there’s any other better opportunity to stand in the House, to be courageous in saying words that you may never have uttered before, to run the risk of being criticised for getting it wrong, but trying it anyway.”

My personal belief is the more that we use the language—your language and ours—then the more comfortable we are with it, and the more it will become woven into our language in Aotearoa. I think that is the thing that is so vital in terms of these settlements. It is not just about land, and it is not about a cheque; it is about the fact that our cultures are woven more deeply than they ever have been before.

That is why I am immensely proud to be part of this Government and the fact that we are progressing so many settlements. We operate with the cooperation of the House, so I pay tribute to my parliamentary colleagues for allowing us—us collectively—to do that. All of us benefit, and we benefit in our language, we benefit in the wider culture, and we benefit in what we are able to share.

So I do not want to talk about deficits today. I want to talk about profits, I want to talk about wealth, and I want to talk about richness—the richness that the partnership between iwi and the Crown provides for all of us. So when you leave here—when all of us leave here—I urge each and every one of you to share the story of today, to share the story of what is possible each and every time an apology is made and accepted, and that instead of having media headlines about where we disagree, let us make media headlines about where we agree, so that we can weave our futures more closely together, you can share that with your children, I can share it with mine, and together Aotearoa will be stronger. Nō reira.

🗣️ Speech Hon Nanaia Mahuta (New Zealand Labour Party — Member for Hauraki-Waikato)
Time unknown

Tēnā koe, tēnā koutou. Tēnei e tāpiri atu āku mihi ki a koutou Ngāti Mākino, Te Arawa waka i tau mai nei ki roto i tēnei Whare, tō koutou Whare, ki te whakarongo ki ēnei o ngā kōrero. Ki a tātou katoa, ka nui te mihi. Tēnei, e tika ana me mihi atu ki ngā tini mate i kawea mai nei e koutou i runga i ōu koutou pokohiwi, tae atu ki ngā whakaahua e iri nei i ngā tara o tēnei Whare mō tēnei wā poto. Nā rātou i kawea ngā toimahatanga e pā ana ki ngā tino hiahia kei waenganui i a koutou, nō reira, ka mihi atu rā ki a rātou, heke iho mai ki a tātou katoa. Ko ā mātou nei wāhanga, he paku whakaaro e pā ana ki te nuinga o ā koutou nei mahi, nō reira, i raro i tērā ka tū ki te kōrero ki tēnei kaupapa.

[Thank you, and greetings to you, collectively. I add my salutations to you, Ngāti Makino, Te Arawa canoe, who have arrived here in this House—indeed, your House—to listen to these addresses. To you all, I acknowledge you greatly. It is only right that I pay a tribute to the multitude who have passed away whom you bring here upon your shoulders, including the photographs of those who have died, too, which hang on the walls of this House for this brief moment. They bore the full might of the burdens in terms of what you really wanted amongst you, so I pay a tribute to them, right down to us all. Our part is to give some consideration, small as it might seem, to much of what you have done, and on that basis I rise to address this matter.]

It gives me great pleasure to be able to make a small contribution to this particular settlement. As I am not on the Māori Affairs Committee, I did draw on the debate in the House this morning. I want to perhaps highlight a couple of things that are synonymous with most Treaty settlements. Yes, it is correct that legislation can take away land. Yes, it is correct that battles can take away the lives of people, but, no, it is not correct that mana can be restored by legislation. I think that is a really important point, because for Ngāti Mākino I am absolutely assured that despite the adversity of history, despite what may have happened to their people in times gone past to this present day, their mana remains intact. It is confirmed, and only strengthened by, the trail in which their tūpuna fought to seek resolution of their claims, that we humbly stand here to try to rectify some small part of that.

So that is one aspect. The other aspect that I want to draw on is comments made by the Minister. He made a very wise comment in saying that really, once Treaty settlements are achieved, the most important part is the implementation component. In speaking to members through this House of Parliament, I too agree that it is not so much the fiscal quantum of any of the settlements that come before the House, because from a fiscal point of view it will never ever be enough to reconcile historical injustices. But if you look at the entirety of what people have tried to seek through the settlement package, then we see some glimmers of opportunity, not only in reconciliation but also in restoration for future opportunities.

So with that in mind, Minister, I particularly point to the notes that you drew our attention to, which is the components of the cultural redress. There was limited debate in the second reading of this legislation in the House because most members agreed that the bill was fine in its entirety. But I really want to, for the purposes of the Hansard and maybe if people are looking back to our debates as parliamentarians, give light to some of the aspects of the legislation. I want to point to Part 2 and the cultural redress.

First of all, there are the amendments regarding protocols. It is of interest to me that Ngāti Mākino were quite specific about having some defined protocols in relation to taonga tūturu and in relation to the Crown minerals process. What drew my attention to this was a number of things—firstly, clause 18. I wanted to make the comment that although it is unclear in the way that the legislation is written now, a protocol can be cancelled at the discretion of the Minister. What might the specific aspects of those considerations be? If it is the intention of Ngāti Mākino to ensure that these protocols will lock in their opportunity to have a say on what happens in, say, the designation of spatial exploration of minerals, then it must be one of the measures by which a future Government would be held to account to ensure the implementation intent can be achieved.

I would think that if a future Minister overseeing their responsibilities as they apply to Ngāti Mākino thinks that they can just cancel the protocol, even after having consultation but without giving regard to the intent and spirit of the deed of settlement for Ngāti Mākino, then they have surely failed the test of the expectation of this legislation.

The other point that I want to raise is that although I am sure that the Crown minerals protocol contained in this legislation does not go nearly far enough, it is definitely a flag in the ground, because in the future if technological advances and mining extraction methods improve and are non-invasive and less intrusive on the environment, then one might expect that Ngāti Mākino is putting a stake in the ground to say “Well, hang on, for anything that happens in our area, not only do we want to be consulted, but also we potentially may have an interest that is currently not expressed.” This particular bill is silent on all those fronts, maybe for good reason, but I want to put on the record that those are some of the future opportunities of successful implementation of Ngāti Mākino that can be achieved; these will be, I think, some of the future tests that a future Government will be held to account on.

The other point—and I said I was not going to take a long call—was on the issue of the letters of introduction in two spaces; firstly, with the local authorities and, secondly, with the Minister of Housing. There are two important points I want to make here. It is one thing opening the door; it is another thing being able to get people in the door, sitting down, and discussing the real issues of the day. It would be a very real concern to me if, for example, Government policy seeks to move the four well-beings within local government legislation and thereby does not allow Ngāti Mākino to express their aspirations for their areas, their rohe, in a holistic way. The four well-beings within local government legislation provide for that.

On the issue of housing, again, it is one thing opening a door; it is another thing ushering them in to be able to sit at the table and talk about the real issues. The provision of social housing becomes a very real issue when we are talking about housing for Māori whanau in whichever rohe; but, more important, how do we unlock the opportunities, the economic opportunities, to partner with iwi to provide either social housing of their own, or their own housing development opportunities?

I did not want to take too long. The ground has been well traversed for Ngāti Mākino. Another lesson that I learnt before coming to Parliament from one of my kaumatua was “Eh, dear, when you stand up to talk on those issues about Māori kaupapa, make sure you can whakapapa to it. If you can’t, don’t talk for too long.”

Kia ora koutou katoa.

🗣️ Speech Katrina Shanks (New Zealand National Party — List Member)
Time unknown

Tēnā koe, Mr Speaker. I would like to acknowledge firstly the presence of the Ngāti Mākino people who are in the House today. In particular, I would like to acknowledge the presence of the very youthful face who is sitting in the front up there in the gallery. She does not know it now. She does not know how important this is, but she is here to tell the history of today. In 80 years’ time she will be the only one who will be able to go on to the marae and tell the story of when this Treaty settlement was signed. She does not realise it, but she will be the one passing on these stories from generation to generation, keeping these stories alive for my children and for my children’s children.

I would also like to acknowledge those who came on this journey—some might say it has been a fight, but we call it a journey—who are no longer with us to witness today, who have worked very hard behind the scenes for years and generations for today to actually happen.

I do not like bringing politics into these debates, because actually I think these debates are about the Treaty and the settlements, but I cannot let the Green member’s comments lie. I truly believe in the process that we have got now. I truly believe that the work done by Ministers Finlayson and Turia has been good work. You have waited 20 years to get to this moment today, and I do not believe what the Green member was saying was true. I would hate to think that she could hold up Treaty settlements going forward, because we have got a robust process that is working swiftly.

I would like to acknowledge the Ministers and the work they have done, which has allowed us to come here today and settle through this bill. I would also like to thank the trust for all the work it has done, the true leadership it has shown, and the journey it has taken its people on, as well. That takes time, commitment, and belief that you can make a true difference. Thank you for your work.

Most of all, I would like to thank the Ngāti Mākino people for their graciousness in allowing the Crown to apologise and to remedy some of the wrongs that have been done in the past—and there have been true wrongs in this case. We have heard stories in this House about some of those wrongs, of how rights and properties were removed, of how land was confiscated, and of how you were virtually landless at one stage, when only 0.6 percent of the blocks remained in iwi ownership. That is wrong. But it does show you one thing: it does show you the resilience of the Ngāti Mākino people, a resilience that was built up over generations. I acknowledge that today.

Treaty settlement bills are actually about the future. They are about what we can do moving forward. I would just like to acknowledge some of the parts of the settlement. The trustees of land are to be provided with certain rights and consultations with the New Zealand Conservation Authority. You are getting other rights in relation to Lake Rotomā Scenic Reserve. The bill makes statutory acknowledgments and provisions for the vesting in fee simple in Ngāti Mākino of cultural redress properties.

This one is the one I like the most, and it is the most fitting component of the settlement process: it is the transfer of Ōtamarākau School to trustees. What I like most about this transfer is the motto of the school, which is “A view to the future”. I cannot think of anything that talks about this settlement and the process any more than having a view to the future. I know this will truly make a difference to the future of your people. It will give you tools to restore mana and identity. It will give you something for your culture to talk about and to be able to have ownership of.

Treaty settlements are about the future generations. Louisa talked about relationships not being about grievances—

The ASSISTANT SPEAKER (H V Ross Robertson): Order! You must use the member’s full name.

Sorry, Mr Speaker. They must not be about grievances with the Crown but about how the Crown and iwi can help each other to progress New Zealand, our country. I think this is a great beginning.

I do believe that history has been made today. It is my pleasure to be here. In fact, I talked to my children this morning and said I was coming to talk about Treaty settlements. They looked at me not really understanding what I was talking about, so I talked about some of the history and some of the stories that we tell and we hear going through this process, especially when we go out as a select committee on to the maraes and listen to the stories and hear the discussions. They still looked at me slightly blankly, but I have started that story with my children, and they will start that story with theirs. So it is my pleasure and an honour to be here to speak on the Ngāti Mākino Claims Settlement Bill today. Thank you.

🗣️ Speech Rino Tirikatene (New Zealand Labour Party — Member for Te Tai Tonga)
Time unknown

Tēnā koe. Ka nui te ora, tēnā koe e te Kaiwhakamana. Ki a koutou e te manuhiri tūārangi, Ngāti Mākino, tēnā koutou, nau mai, hara mai, whakatau mai ki te Pāremata e takatū nei, tēnā koutou, tēnā koutou katoa.

[Thank you. I am very well, and thank you, Mr Speaker. Salutations to you, the visitors from afar, Ngāti Mākino, welcome and draw closer to Parliament standing here ready; acknowledgments to you all, greetings.]

It is with honour that I rise as an elected member to a Māori seat, Te Tai Tonga, to carry on the mahi of the hundreds of Māori who have, since the 1860s, been coming here to Pōneke to carry on the take of their whānau and hapū to Parliament. So it is an absolute pleasure to be here today. I am delighted to be able to share in this occasion with Ngāti Mākino.

But there have been some low points. I am reminded of Wī Pārata, a former member of this House, whose case against the Bishop of Wellington was thrown out by Judge Prendergast, who claimed that the Treaty of Waitangi was a nullity. Thank goodness those remarks are consigned to nothing more than the Law 101 lectures.

Today, for Ngāti Mākino, the Treaty of Waitangi displays its power. The mana that was intended by Hobson and the chiefs of Niu Tīreni all those years ago in 1840 will today acknowledge the past wrongs of the Crown over Ngāti Mākino.

As a new member of this House I have left it to my senior colleagues to tell this Whare of the mana of these people, the Ngāti Mākino, but may I rise to make just a point or two. It always amazes and saddens me when I hear stories of hapū and iwi who decided for their own valid reasons to side with the Crown, and yet still had land confiscated by that taniwha known as raupatu Pākehā. The Ngāti Mākino tried as best they could to stay out of the fracas between the Crown and Waikato, but when the conflict came to the Bay of Plenty, this proud iwi had to make a decision that many hapū and iwi up and down the motu at that time had to make—whom to side with. Inevitably, Ngāti Mākino was split, and with that split the Crown managed not only to undermine the authority of Ngāti Mākino but also to use that split as a show of disloyalty, and like a dog chewing a bone they therefore punished Ngāti Mākino with raupatu by pen and paper. Talk about a loyal employer!

Another point is survey costs. Like I mentioned in debate on the Maraeroa A and B Blocks bills, the hoary old subject of colonial survey fees has raised its head amongst yet another iwi and hapū of Aotearoa with Ngāti Mākino. That same modus operandi was employed by the Crown throughout the country, and it is a sad indictment of the State, the Crown, and Pākehā thinking of the day. That thinking was: “Get Māori into debt with the Crown, and when they cannot pay off that debt with money, they can pay it back with land, and then they can sell it to the only entity that is able buy the land.” You guessed it: it was the Government of New Zealand. That was the same story that we had with Maraeroa A and B Blocks earlier this morning—the same method of operation employed by the Crown.

Was it enough to come up with legislation that made the Crown the only entity able to purchase the land? No, no, it went further than that. It came up with a judicial system that would allow the alienation of Māori land, but to sell there must be a title, and to have a title there must be a survey, and to get the survey and title someone had to get paid. It was a sweet operation: get Māori to alienate their land and to pay for that privilege. Once, the lands of Ngāti Mākino swept from the lakeshores of Rotoiti, Rotoehu, and Rotomā down to the coast at Maketū and Pukehina and Ōtamarākau and Hauone and Pikowai to just a little east of the Tarawera River. By 1890 Ngāti Mākino were virtually landless. Nearly 448,000 acres were alienated, the majority due to Crown purchasing techniques. Even land at Ōtamarākau and Whakarewa—reserves deemed inalienable—were sold. And if that was not enough, the iwi suffered further land loss with the use of that terrible taniwha known as the Public Works Act. Of those 448,000 acres, approximately 0.6 percent, as we have been told, remain in tribal hands.

In contrast to that chequered and dark past, we now come to today, and we have come a long way. The people of this small but proud iwi will be able, in some measure, to leave behind those grievances and start out with a new and fresh mandate.

May I just finish and acknowledge my colleagues on the Māori Affairs Committee under the capable chairmanship of my whanaunga Tau—the Hon Tau Henare—and also the fellow members of the committee. It has been a real honour and privilege to be able to guide this pire—these settlements—through the House, and to be speaking at this, its final reading. I would like to also acknowledge the Minister for Treaty of Waitangi Negotiations and his officials and, most important, the people of Ngāti Mākino, who have worked hard to bring this bill, the Ngāti Mākino Claims Settlement Bill, to fruition. I mihi to you all and I just wish you all the very best for the future. I commend this bill to the House. Kia ora tātou.

Bill read a third time.

Karanga

Waiata

Haka

The House adjourned at 12.03 p.m. (Thursday)

🗣️ Spoke in this debate (11)