Ngāti Whātua o Kaipara Claims Settlement Bill

on behalf of the Minister for Treaty of Waitangi Negotiations: I move, That the Ngāti Whātua o Kaipara Claims Settlement Bill be now read a first time. At the appropriate time I intend to move that the bill be considered by the Māori Affairs Committee. From the sands of Papakānui and Muriwai in the west to the waters of upper Waitematā in the east, to the sons and daughters of Haranui, Reweti, Kakanui, Araparera, and Puatahi marae, the descendants of Ngāti Whātua, Te Tāōū, Ngāti Rongo, and Ngāti Hine, nau mai, haere mai koutou. Whaia te kotahitanga o Ngāti Whātua o Kaipara. Seek to unite the people of Kaipara. These simple yet profound words were a constant theme for the impressive claims negotiators at the helm of a journey that today brings Ngāti Whātua o Kaipara to the New Zealand House of Representatives. I stand to pay tribute to those who began this journey but who now live on in the memories and lives of their children—they live on in those memories—and their descendants. Importantly, in coming months these visionaries will also live on. They will live on in the laws of this nation.

Moe mai rā koutou e ngā rangatira, moe mai rā. Nā reira, e tautoko ana ngā mihi ki a koutou, nau mai hara mai ki tēnei Whare kia whakatau pai tēnei kerēme. Pērā i a rātou, tino roroa rawa te hīkoi ēngari, kua tae mai ki tēnei rangi i tēnei rā, tēnā koutou katoa.

[You the esteemed ones, rest and sleep there. And so I endorse the tributes to you, the ones who have arrived here at this House to settle this claim well; welcome, welcome. Like your forebears, your journey has been a very long one, but this day has arrived, so congratulations to you all.]

The Crown’s alienation of Ngāti Whātua o Kaipara lands began 168 years ago, and has been carried by generations of families. It began in 1844 with the Crown’s takeover of large tracts of land bordering on the upper Waitematā. The Government’s persuasive and unrelenting land-buying policies meant that by 1868 the mana whenua of southern Kaipara had lost 281,000 acres of land. The Native Land Court fragmented and alienated lands further by awarding title to individuals rather than to iwi and hapū. Tēnei tētahi hē nui tae noa ki tēnei rangi, kāhore rātou e mōhio ana ko wai tātou, ā tātou tikanga kia mahi tahi ai.

[This is one huge fault right down to this day. They do not know who we are and our custom to work as one.]

By 1900 and within a single generation Ngāti Whātua had lost 90 percent of their lands in southern Kaipara. This unprecedented loss of land has for ever shaped the lives of the Ngāti Whātua o Kaipara people. Without the land and the resources to take ownership of their own destiny, Ngāti Whātua o Kaipara’s right to determine their own economic and social well-being was denied. This land loss also meant that the right of Ngāti Whātua o Kaipara to uphold their own mana motuhake and to exercise their own rangatiratanga was denied. So I stand to acknowledge Ngāti Whātua o Kaipara, whose tenacity and leadership will soon see settlement for the hapū and marae of southern Kaipara.

I commend the trustees of the Ngāti Whātua o Kaipara Claims Committee and the Ngā Maunga Whakahii o Kaipara Development Trust for their passion and commitment. They have shown incredible leadership by working alongside other iwi and hapū of Kaipara, Tāmaki-makau-rau, and Hauraki. I was honoured to participate in the ceremony of mana whenua o Tāmaki-makau-rau a few weeks back alongside Ngāti Whātua o Kaipara representatives. The spirit of whanaungatanga and rangatiratanga demonstrated by Ngāti Whātua o Kaipara has enabled the resolution of claims across the Tāmaki-makau-rau region.

Ngāti Whātua o Kaipara and the Crown negotiated an agreement in principle, which was signed on 22 December 2009. A deed of settlement was initialled in June 2011 and ratified by the Ngāti Whātua o Kaipara community with a signing on 9 September 2011. What a great day that was. A post-settlement governance entity to receive and manage settlement assets was launched in April 2011. From that time the mandate to negotiate the claims of Ngāti Whātua o Kaipara passed from the Ngāti Whātua o Kaipara Claims Committee to the trustees of Ngā Maunga Whakahii o Kaipara Development Trust.

The support of the Ngāti Whātua o Kaipara people for the settlement negotiated on their behalf is clear. Two ratification processes, held in August 2010 and August 2011, returned approval rates of 96 percent and 92 percent, respectively. That is marvellous—a terrific mandate. As part of this acknowledgment, nine reserves and conservation sites of significance will be transferred to Ngāti Whātua o Kaipara as cultural redress. These sites include Atuanui Scenic Reserve, Mairetahi Landing, Mauiniu Island, Moturemu Island, Tīpare, Makarau, Makarau Bridge Reserve, Parakai, and Ten Acre Block Recreation Reserve. Although the bill does not provide cultural redress in respect of Kaipara Harbour, it does not prevent Ngāti Whātua o Kaipara from negotiating redress with the Crown in the future.

This bill provides for statutory acknowledgments of areas, which will enhance the ability of Ngāti Whātua o Kaipara to participate in specified Resource Management Act processes, including Papakānui Conservation Area, Papakānui Spit Wildlife Refuge, Rototoa Conservation Area, Lake Rototoa Scenic Reserve, Motutara Settlement Scenic Reserve, Goldie Bush Scenic Reserve, and a coastal statutory acknowledgment area. Ngāti Whātua o Kaipara will receive financial and commercial redress valued at $22.1 million plus interest. This includes the transfer of Woodhill Forest and the right to purchase part of Riverhead Forest.

All those things the families of Haranui, Reweti, Kakanui, Araparera, and Puatahi have lost due to the actions of the Crown can never be totally replaced—nowhere near it—and yet today Ngāti Whātua o Kaipara seek to settle their grievances with the Crown. Today we remember, we acknowledge, and we seek to resolve historical grievances. It is an important day for Ngāti Whātua o Kaipara, and an important day for the Crown.

Although this House, this deed of settlement, and this claims settlement bill can never change this history of a people, this House can help shape the future of a people. This bill provides for a strengthened relationship between the people of Ngāti Whātua o Kaipara and the Crown—a strengthened relationship as partners in Te Tiriti o Waitangi. Whāia te kotahitanga o Ngāti Whātua o Kaipara.

[Seek to unite the people of Kaipara.]

I consider that the Ngāti Whātua o Kaipara Claims Settlement Bill should therefore proceed without delay to the Māori Affairs Committee. I commend this bill to the House.

Mr Speaker, tēnā koe. I a koutou o Ngāti Whātua o Kaipara e mihi kau ana, nau mai, hara mai ki te wāhi nei. Mauria mai te kaha rawa o te wai mārino, o ngā wai e patapata atu i reira, e mau kaha atu i te tuku o ngā tupuna ki a koutou, hei whai kaha i konei, hei oti pai atu tēnei tino taumahatanga. Nō reira, i a koutou katoa e te whaea, e mihi kau ana, e Tame koutou katoa. Ka nui te mihi i te kite atu i te pakaritanga i roto i a koutou i tae ake ki konei, ahakoa, te roaroa atu ki te tae ki te Whare Miere nei. Kei te tae atu koutou, nō reira, tēnā tātou. E tautokotia atu ngā whakaaro e puta ā-waha a te Minita Māori a Pita, tēnā koe. E tino rekareka atu hei rongo ki te kōrero mō ngā tau ākuni e hipa atu, e whakahoki atu rātou hei kōrero, he wāhi wai o Kaipara mō rātou mai i te nohotahi i te Karauna. Nō reira, tēnā koe mō tērā. He tino take atu tērā, kāre i konei te āhua o te tikanga te cultural redress ēngari, ākuni ka puta ana mō ngā tau e tae atu. Nō reira, tēnā koe mō wērā whakaaro.

[Thank you, Mr Speaker. To you of Ngāti Whātua of Kaipara, welcome indeed to this place, welcome, welcome. Bring forth the great strength of the calming droplets of the water from over there that retained the powers that the ancestors firmly handed down to you. It will give you the strength in this place to overcome this great burden well. So to all of you, and the mother figure and Tame, I truly acknowledge you all. When I see how you have grown in stature to make it here, even though it has taken a very long time to get to this Beehive, I am full of admiration. Nevertheless you have done it—wonderful. I endorse the sentiments expressed verbally by you, the Minister of Māori Affairs. Thank you, Pita. It was really pleasing to hear what would happen in the future and where they would input their own views. Also, by developing a relationship with the Crown, it would enable water areas to be set up for them in the Kaipara Harbour. So thank you for your part in that. Another issue of great concern is the lack of provision here for cultural redress, but we might get to that in the years to come. So thank you as a consequence for those considerations.]

Ngāti Whātua o Kaipara is the collective name for the hapū and whānau of the five marae of south Kaipara. I want to mention those marae and other reserves and marae that are there: Reweti, Haranui, Kakanui, Araparera, and Puatahi. Interestingly, Puatahi is a marae that is in several of our regions close to the sea, so I want to mihi to the marae of Puatahi. I am not too sure I have been there. It has been chosen to distinguish between this group and Ngāti Whātua o Ōrākei and Ngāti Whātua in south Kaipara.

Kite atu koutou e Sharon, koutou i reira, e mihi kau ana ki a koutou. Tēnā koe.

[You as a collective will see, and Sharon, you are the ones there, and I truly commend you. Thank you.]

Key figures in the negotiation—Takutai Moana is not here—Margaret and Naida, who is away somewhere, mihi atu ki a rātou, and everybody. This is an issue about naming people as you leave people out. But there has been a lot of effort put in by Ngāti Whātua people. I see Jason is up there, and those who have slogged along the road to get to this place to try to finish this sooner than later.

Ngāti Whātua o Kaipara and the Crown signed an agreement in principle in December 2009. An initial deed of settlement was ratified by members of Ngāti Whātua o Kaipara and signed in September 2011. The Ngāti Whātua o Kaipara claims relate to native land laws and the operation of the Native Land Court, and there are some really interesting deals that were done, or were not done, in relation to the Kaipara. Crown purchasing methods failed to ensure that Ngāti Whātua o Kaipara retained sufficient land for their future needs. This is one of the principal underpinning factors in relation to the quantum that is sized up by Minister Finlayson, and they need to be congratulated on that. They may increase it by the time the end date comes, but kia ora, Minister.

I refer now to the administration and the alienation of Ngāti Whātua o Kaipara lands in the 20th century and the failure to protect Ngāti Whātua’s interests in purchase investigations. There were some incredible purchases in Kaipara, offset, quite interestingly, by not being taken just from Māori to Pākehā but shuffled amongst themselves—with other people. The Crown’s action left Ngāti Whātua o Kaipara virtually landless, and had devastating and enduring effects on the spiritual, cultural, and economic well-being of Ngāti Whātua o Kaipara. I do want to commend the Minister of Māori Affairs, Tā Pita Sharples, for making the note that future redress can be negotiated with the Crown in relation to the cultural significance and aspects. I saw your head shoot up very quickly then, Minister Finlayson, so I mihi to you for that effort, and I thank Mr Sharples for making us aware of that. So kia ora, Minister—and that is important to say here. Like the bureaucracy—and I will not wax lyrical over it again—it is all very well for those Government agencies to put it down on paper, but unless we do it—maumau time. So it is great to hear the commitment from the Minister for Treaty of Waitangi Negotiations this morning in making sure he is going to keep an eye on those agencies, and it is also great to hear the Minister’s point about future redress. That is indeed heartening, without too much shuffling around.

In the settlement package, in addition to the Crown apology and acknowledgments, Ngāti Whātua o Kaipara will receive financial redress to the value of $22.1 million plus interest, which includes the Crown’s Woodhill Forest licensed lands, including accumulated rentals of around $23 million, and six school sites, which will be leased back to the Crown. That is always an interesting thing, and I hope the lease rates are reasonable and on par with other leases. It includes three properties on Old Woodcocks Road, Kaipara Flats. There is the opportunity to purchase up to $6.4 million worth of the Crown’s Riverhead Forest licensed lands and Pāremoremo housing block, following notification from the Crown. There is the right of first refusal for 169 years over a number of Crown properties specified in the deed of settlement, which will be offered to Ngāti Whātua o Kaipara for purchase should they become surplus to the Crown’s requirements in the next 169 years. This is one of those “Yeah, right!” clauses, I think. It was really interesting, and in some of the submissions that people have talked to me about, they said that it would be great if shorter time lines could be set, or some action enabling the redress issue, Minister, could be discussed. It would be wonderful if there was more seriousness given to a shorter and sooner delivery on some of that. But, to be fair, at least it is there for 169 years. I do not think I will be around to see it, but, just in case, we need to make sure it is there.

There is a non-exclusive right of refusal for 170 years over Pāremoremo prison. I hope they do not ever get it. I hope it is pulled down, and the Māoris go back and live in Kaipara, and they are paid to do that. Cultural redress includes the vesting of the Ten Acre Block Recreation Reserve, the vesting of eight other sites, a number of statutory acknowledgments, six place name changes, and the naming of nine unnamed sites.

I think names are one of the real, critical issues in a lot of these settlements, which have not been adhered to or had effort put into, and it is something that the negotiators need to really be commended on. I get hōhā when going to places where I know it is really Te Wāhi o Karaka and somebody calls it Perfume Point, or they go down to Clydesdale Street and we know that it is really Te Ure Street, and all of those things. So it is important that these names that are relevant to them are put up on all those signposts. We should get some Māoris to work in the AA, Minister Finlayson, because it is a big issue. It is a real, big issue that the naming of these places was outright photocopying of where they came from in England. They have no relevance—none whatsoever. It is about some important councillor on the local body. So I want to give real support about these place name changes and the naming of nine unnamed sites. Minister, for crikey’s sake, do not let any excited bureaucrat name it “Parliament Road” or “Parliament House” or something like that. This is an important thing for Māori, because in the sense of Māori’s mana, whether it is over water or over wāhi tapu or wherever, it is important to have the correct naming of those places. I want to really take notice of that and suggest that we should do more and give them more leeway to do that. I find it amazing that they have got to get permission to rename places that they already might hold in their kōrero and whakapapa anyway. So it is a very, very important part. It might not necessarily be understood by the bureaucracy or the negotiators from the Crown, but I think it is very important.

I would like to congratulate the Ngāti Whātua o Kaipara negotiators for getting to this point. The journey from the Waitangi Tribunal hearings, which began in 1999 and were completed and accepted in 2001, to now has not been easy. It has been a long time since 1999. They went back, they came forward, and they went back again. Today they are here in numbers to really reconfirm the effort that they put into this. It is a wonderful place, Kaipara. I think the deal is relevant. It is exciting and encouraging that there are further opportunities in relation to the redress conditions. But those issues like the naming of the properties and that, and the accumulated rentals in making sure the right interest rate is there, all harbour to bring about a great settlement and to allow them the freedom that they should have to do the things that they should have been able to do a long time ago. Nō reira ki a koutou katoa o te Kaipara. Tēnā koutou. Kia ora.

I just want to begin by endorsing what my friend Mr Henare said a little while ago, that we should not really call these hours “extended hours”; we should call them “Treaty settlement days”, because today is a great day for Treaty settlements. We have the first reading of this bill, the Ngāti Whātua o Kaipara Claims Settlement Bill, and I welcome the representatives of Ngāti Whātua o Kaipara to Parliament. Then, a little later on, we are going to have the second reading of the Ngāti Whātua Ōrākei Claims Settlement Bill, and then the second reading of the Ngāti Manuhiri Claims Settlement Bill. That follows closely on the heels of the Tāmaki collective deed signing just a few weeks ago in Tāmaki. So September 2012 has actually been a big month for Ngāti Whātua iwi, who are working very hard and getting very close to finalising comprehensive settlements across their region.

As others have said, the iwi’s core area of interest encompasses the entirety of the southern Kaipara, from South Head to Muriwai on the west coast, and from near Wellsford to the upper Waitematā Harbour to the east. Of course, as we all know, the Kaipara Harbour is at the heart of this area and of Ngāti Whātua o Kaipara, and, as Dr Sharples said, is one area where the negotiations are still to come. I have promised Naida Glavish that I am keen to commence these negotiations as soon as possible, and I am sure Mr Horomia would endorse the fact that empty promises do not go down all that well with Naida Glavish.

From the signing of the Treaty in 1840, Ngāti Whātua o Kaipara has remained steadfast in its support of the Crown, and although the relationship in the first few decades of the colony may have been acceptable and the iwi flourished, the sad reality is that as time passed the Crown’s actions fell well short of the grand promises made in the Treaty. By the end of the 19th century, the iwi had been rendered virtually landless, with the inevitable and terrible social and economic consequences.

I have to say that as negotiations go, and they are never as fast as one would like—and I will not look up to the gallery, because the negotiators are probably all nodding in unison—the reality of the matter is that this has been a comparatively rapid conclusion to negotiations. We signed an agreement in principle late in the year on 22 December 2009, and with the help of the officials and the negotiators we managed to reach the signing of a deed of settlement on a beautiful Friday in September last year.

However, these dates belie a very long period where Ngāti Whātua o Kaipara has sought recognition of the failings and the injustices that they have suffered. In 1987 their leaders provided evidence during the lands case. The tribunal heard the claims of Ngāti Whātua o Kaipara between 1999 and 2001, and reported on them in 2006, but, really, from 2002 they have been trying to get on with negotiations, and, as Dr Sharples said, they finally began in 2009. It should not be assumed that these negotiations were straightforward. They had their challenges; all negotiations do. But it is the wish, I believe, of this entire House that what the settlement will do is provide Ngāti Whātua o Kaipara with a solid platform for its ongoing partnership with the Crown and with other agencies, such as the Auckland Council.

We all know it is not possible fully to compensate Ngāti Whātua o Kaipara for the loss their people have suffered, but, hopefully, the financial and the commercial redress will contribute to the iwi’s future development while the cultural redress in this bill seeks to recognise Ngāti Whātua o Kaipara’s longstanding and deep cultural and significant association with this area of interest.

So I do not intend to say any more than that. My comments in the third reading will be lengthier, but for the present time I think that will suffice. All I want to say is that the bill should proceed to the Māori Affairs Committee without delay and that, under the great leadership of Mr Henare and ably assisted by the other members of that committee, I am sure they will look at the bill and the committee will consider the bill and it will, hopefully, be back here very soon.

Mr Speaker, tēnā koe. E aku rangatira i roto i te Whare, tēnā koutou. Ngāti Whātua o Kaipara, nau mai, hara mai. Hara mai i raro i te tuanui o te Whare Pāremata e takatū nei, tēnā koutou, tēnā koutou, ā, kia ora anō tātou katoa.

[Thank you, Mr Speaker. To my esteemed ones in the House, greetings. Welcome to you, Ngāti Whātua of Kaipara, welcome. Welcome under the roof of Parliament House, standing ready here. Salutations, acknowledgments to you collectively, and thank you to us all once again.]

I am very pleased to be able to make a contribution at this first reading of the Ngāti Whātua o Kaipara Claims Settlement Bill, on this Treaty settlement day, as has been announced through my whanaunga Tau. Ngāti Whātua o Kaipara, as my tuakana Parekura has pointed out, is the name chosen by the hapū and whānau of the five marae of south Kaipara: Reweti, Haranui, Kakanui, Araparera, and Puatahi. The name is not a traditional one but has been used to save confusion with Ngāti Whātua o Ōrākei, and also I understand there is Te Rūnanga o Ngāti Whātua to the north. So Ngāti Whātua o Kaipara are right there in the middle.

I understand, looking at the notes—because I like to draw on history and whakapapa and those sorts of things—that there is a Ngāti Hine connection to those marae as well. So on my Ngāti Hine side I have a little toenail interest there, so kia ora to them.

💬 Hon Tau Henare: A toenail? No, not a toenail.

Not a toenail; OK, maybe a big waewae. So, yes, with Ngāti Whātua o Kaipara I would like to go through the historical background, because this is a very significant and important occasion.

Ngāti Whātua signed the Treaty of Waitangi at Manukau on 20 March 1840, beginning a long tradition of Ngāti Whātua o Kaipara commitment to, and support for, the Crown. In 1844 and 1845 the Crown gave up its right of pre-emption and allowed Māori to deal directly with the settlers for transactions on land. A large part of upper Waitematā was alienated at this time. Regulations that were put in place were not properly applied and later investigations did not always protect Ngāti Whātua o Kaipara’s interests. In the end the Crown retained what was a surplus of 24,000 acres.

From 1848 to 1868 the Crown embarked on a land purchasing programme from the Ngāti Whātua in the south Kaipara, acquiring around 281,000 acres. Although land agents stressed that the low price offered per acre would be offset by the benefits of colonisation, the Crown failed to reserve lands for them, and the promised roads, hospitals, and schools were slow to arrive and in some cases were never ever realised.

From 1864 the Native Land Court began hearings in the south Kaipara and, as we know now, the forerunner of our Māori Land Court was set up to fragment iwi and hapū by awarding individual title. The mana of the rangatira of the whānau and hapū was lost and so the south Kaipara began to become alienated from Māori ownership. Once again, they had the burden of fighting debt. By 1880 they were fighting more debt and they were no longer selling land as a strategic move to promote development or as a much-needed source of income, but to repay debt. So that is the very sorry tale of the historical land transactions that took place, very much to the detriment of Ngāti Whātua o Kaipara.

I would like just take some time, if I may, and acknowledge the part that Ngāti Whātua chief Paora Tūhaere has played in the history of this House. It was Paora Tūhaere and other chiefs of his hapū who first promoted the idea of representative Māori seats in this House of Parliament. After much debate—and I would say that would have been just Pākehā debate—it was decided that four seats would be offered for Māori representation. Tūhaere was indignant at such an obvious act of bias and replied succinctly “If there are 50 Pākehā let there be 50 Māori.” It seems that Tūhaere was the most intelligent man in Auckland - Tāmaki-makau-rau at that time. What a unique idea: equal representation, a 50-50 deal, just like the Treaty of Waitangi guaranteed them in 1840. It is a pity that the opportunity was not taken at that very early stage for Pākehā to take up Tūhaere’s suggestion.

Today we have seven turu Māori and I have the great honour of representing Te Tai Tonga there in the south. So there is an improvement of only three seats in less than 150 years of Māori political representation. I am sure Tūhaere would be even less impressed, and I am sure he would definitely not appreciate or even conceptualise what a list MP is. You see, Tūhaere was like all of our rangatira of old—they were first-past-the-post people. So I just want to give acknowledgment to that great Ngāti Whātua chief for the foresight he had and for the fight that he took up all those years ago. I am very proud to be continuing as a mema Pāremata for our Māori turu, along with Tau Henare and his tūpuna. I look on the other side of the House and I see Hekia and her tupuna, Tame Pārata, who was a representative down in the south and my own tupuna as well. Hopefully, we can get a few more in after some more electoral kōrero, with the Māori options that are coming up next year.

The Ngāti Whātua o Kaipara deed of settlement is the final settlement of all historical claims. As my colleagues have mentioned, there are what have turned out to be quite standard elements to every claim, but, most important, it is the acknowledgment of the historical background and the apologies from the Crown, which also sets up the redress for the Crown’s actions or omissions

Just turning to the settlement package for Ngāti Whātua o Kaipara, I see that a large part of the settlement package is the redress in relation to Crown forest licensed lands. It is good to see that there will be significant redress in terms of the accumulated rentals for the Woodhill Crown forest licensed lands that will be returned to Ngāti Whātua when they exercise their rights there. There is also return of some other significant sites—some school sites and other properties.

I want to also pick up on what Mr Horomia mentioned in regard to the naming of the sites. This is a unique element of the Ngāti Whātua o Kaipara Claims Settlement Bill, in that it allows for the naming of nine unnamed sites. That is a new addition to the Treaty settlements that are flowing through this House, and I really commend that. It is important that Ngāti Whātua stamps its mark on its mana whenua and its places of importance by being able to name those historic sites, which are so important and have such a strong connection to them.

Just to conclude, I would like to acknowledge all those good people who have worked so long and hard over the years to bring this settlement up to this particular point, where we have a first reading in the House—in particular, the key figures in the negotiations: Takutai Moana Wikiriwhi, or, as I affectionately know him, Uncle Doc Wikiriwhi or Āpōtoro Doc Wikiriwhi. I have fond memories of playing in the reo, following him around when he was doing duties there in Auckland City. I acknowledge Margaret Kāwharu and Rangimarie, or, as we affectionately know her, Naida Glavish. I mihi to all of those key figures and also to the whānau who travelled quite a distance to come here today. I see up there Tommy Te Rangi, whanaunga—kia ora—and also my good friend Jason Fox, who now is steering the tari of Ngāti Whātua o Kaipara.

I mihi to all of the whānau who have come here today. With every speech I give, I am laying all these platitudes on Tau, and he is becoming very Speaker-like—very Speaker-like—in terms of his chairmanship of the Māori Affairs Committee. I am really looking forward to travelling with the select committee and awhi-ing this bill through the House. I commend it. Kia ora tātou.

💬 Catherine Delahunty: Mr Speaker—

I call the honourable member Eugenie Sage.

💬 Hon Trevor Mallard: No, I call her Catherine Delahunty.

💬 Catherine Delahunty: I beg your pardon, Mr Speaker.

The ASSISTANT SPEAKER (H V Ross Robertson): Ah, I am sorry. It is early in the morning. Catherine Delahunty.

💬 Catherine Delahunty: I am honoured to be called Eugenie Sage, but—

The ASSISTANT SPEAKER (H V Ross Robertson): Catherine Delahunty.

Tēnā koe, Mr Speaker. Tēnā koutou e te Whare. He mihi nui ki a Ngāti Whātua o Kaipara, nō reira, tēnā koutou. It is a privilege to speak on the first reading of this very important bill, the Ngāti Whātua o Kaipara Claims Settlement Bill, and this is a very important day. Reading any of the background and knowing any of the people, this has been a long journey. It has been a journey that takes us to the heart of Te Tiriti o Waitangi. They are all unique settlements, but this one strikes the Green Party as having a particularly deep relationship with the actual te Tiriti signing itself—and what price loyalty to the Crown and what price loyalty, too, to Te Tiriti o Waitangi.

In fact, with colonisation we would say that you are damned if you do and damned if you do not, because Ngāti Whātua o Kaipara iwi did not fight the Crown, did not oppose te Tiriti, and they lost everything. So it is a very interesting historical account that we need to take into our minds when thinking about what is acceptable redress. People lost everything, even though they gave everything.

We have heard settlements in this House that have been about direct raupatu, about warfare, and about confiscations in many ways, but this particular place and these particular stories remind us that in 1840 these people stood alongside their Pākehā visitors, manuhiri, if you like, and said “We will be generous and we will negotiate a relationship in our whenua, in the Kaipara.” And in exchange what they got was the complete loss of their lands, their well-being, and their resources.

I think it is important to go back to the historical account, because it is part of the unique story of how Te Tiriti o Waitangi has been breached in a very literal way. Promises have very literally been broken. I am quoting from the deed: “A meeting was held at Manukau, where concerns were raised by Māori as to the Crown’s intentions.”—we are having these meetings today, as well; nothing has really changed in some ways—“Symonds sought to dispel these doubts and, at a second meeting on 20 March 1840, the Ngāti Whātua paramount chief, Apihai Te Kawau, with Te Tinana and Te Reweti, signed a copy of the Māori text of the Treaty.” They did not sign no Pākehā text, and they did not sign no text that said “forests, fisheries only”; they signed the text that guaranteed in article 2 tino rangatiratanga.

It continues: “Symonds reported that among the chiefs who signed, he found ‘the best disposition displayed towards Her Majesty’s Government, but at the same time that their expectations are raised very high as to the immediate benefits which they are to derive from its establishment in their country’.” And what happened next? How well were their expectations met? Clearly, this settlement process shows that they were failed on every count.

I want to quote from another part of this deed of settlement, because I think it also typifies the failure to meet those agreements and expectations: “Ngāti Whātua provided resources and protection for the development of the new colony.” Every time a racist writes to me and says: “Those Māoris would only be in grass skirts if it wasn’t for us and our brilliant technology.”, it would be great if they could recall that some of the people in the Kaipara were going to starve to death if it had not been for the people of the Kaipara literally giving them kai and teaching them how to land a boat in that fabulous harbour. So it is very important to recognise that resources and protection for the development of the new colony were provided. “In September 1840, Crown officials made arrangements with Ngāti Whātua for the transfer of approximately 3,000 acres of land at Tāmaki. One of the principal chiefs expressed fears that the Queen of England would take all their land from them, and that they would have none to live on.”

💬 Hone Harawira: They were right.

They were right. That fear was realised in full, maybe not the next day, but after the next day, and the next day. “Crown officials reassured him,”—as we do, Crown officials—“ ‘that the Governor was come to see that neither Pakeha nor Mauris … were wronged …’ ”. That is a shameful statement in the context of what has happened. “Ngāti Whātua [again] consider that the transaction was a tuku, a customary gifting, carried out with the intention of cementing their relationship with the Crown, and underpinned by broader concepts of reciprocity and ongoing mutual obligation.”

I think those phrases respect the spirit in which these tūpuna signed the Treaty. It was a broader concept of reciprocity, an ongoing mutual obligation, not: “We will provide for you. We will allow the development of the new colony in the Kaipara Tāmaki rohe and then you are going to rip us off.”, and then a hundred and something years later they are still going to have to wait for 169 years for the possibility of the first right of purchase of some other parts of their own whenua.

The ironies in this settlement are multiple. The progress is good, and we are supporting the settlement, but we cannot ignore that Te Tiriti o Waitangi is the critical foundation of our nation, and these stories of the abuse of promises made are very important. They are so important today so that we do not repeat them—so that there is no more double-speak raupatu and manipulation when the Crown has an engagement with tangata whenua. That is why these settlements are important not only in their own terms but also in the context of the debates that we are having in this Whare and around the motu right now about resources and indigenous peoples’ rights and Te Tiriti o Waitangi, because loyalty to the Crown was repaid by an enormous loss of resources, and the expectations of health, wealth, and education were not fulfilled.

The ironies of the stories of Te Awaroa where 10 acres was gifted for Helensville and there was going to be an acre set aside, and there was such mean-spirited greed whereby everything was taken. Anything that was reserved was eaten into. It is just embarrassing and shameful to read how their generosity and respect for the Treaty was repaid by the ancestors of some of us Pākehā, and how little the people who come from Auckland know about the true history of what went down. It shows how important it is that we actually address the multiplicity of issues.

This is a big settlement in terms of work. You can see how much work has gone into it, and I would like to acknowledge all the negotiators from Ngāti Whātua o Kaipara and the leadership of many, many people, including Margaret Kāwharu and others, who have shown intergenerational consistency, generosity, and willingness to negotiate, as did their tūpuna.

The duty on the Kāwana and all of us represented by the Kāwana is to do our best to make amends, and there are some settlement elements that are very positive in this unique story of betrayal. However, we do have to remember that the Native Land Court was first established in the Kaipara. In the place where there was the most generosity and the most willingness to work with the Crown, the Native Land Court, the instrument of individualisation and land loss, was established in the Kaipara. I think in acknowledging that, the settlement must be generous. It is great to see things like Parakai, to see Ātuanui maunga acknowledged, and to see some of the reserves and wāhi tapu, and I would agree with others in the House that the naming of names is critical. We must name the truth here and honour the history, and do the right thing by Ngāti Whātua o Kaipara. Tēnā koutou.

Kia ora. Me tīmata i te tihi o Te Atua Nui. Ko te maunga whakahī tēnei o Te Manawanui, te marae o Puatahi. Ā, ka huri ki te tonga ka kite au i te tihi o Taranaki, te maunga whakahī tēnei o te pā o Te Aroha, kei Arapareira. Tū atu i tēnei, ko te toka kāmaka ō Tuhirangi e tū mai ana i te mānia o Kākānui, o Paneira. Ko te marae tēnei o te Kiora. Waho atu i tēnā ka kite au i a Tauwhare, te maunga whakahī tēnei o Whititerā, te marae o Rēweti. Nā, ka huri te titiro ki te uru, ka kite au i te maunga Tarawera, te maunga whakahī tēnei o ngā tai i tūria ki te Marowhara, te marae tēnei o Haranui. Ko ngā maunga whakahī ēnei o ngā marae o Kaipara moana. Ka huri au ki a koutou e aku rangatira, e aku tuākana nō reira, ngā mihi nui ki a koutou. Ngā mihi nui ki a koutou mō ō koutou tautoko, ō koutou tautoko ki ngā tamariki, mokopuna o Aotearoa, o Ngāti Whātua rānei. Nō reira, ngā mihi, ngā mihi, ngā mihi nui ki a koutou katoa.

[Hello there. Let me begin at the summit of Te Atua Nui. This is the proud mountain of Te Manawanui, the courtyard of Puatahi. I turn to the south and see the summit of Taranaki, this proud mountain of the village of Te Aroha at Arapareira. Standing beside this one is the solid rock of Tuhirangi, on the open plain of Kākānui and of Paneira. This particular courtyard is that of Kiora. Further out and beyond I see Tauwhare, this proud mountain of Whitireia and Rēweti’s courtyard. Now from here I look westward and spy Tarawera, this proud mountain of the tides that stop at Marowhara, this courtyard of Haranui. These are the proud mountains of the courtyards at Kaipara Harbour. And so I turn to you now, my esteemed ones and elder kinfolk, with the greatest of welcomes to you collectively. I have huge raps for you collectively, in respect of your support towards the children and grandchildren of New Zealand at large, or of Ngāti Whātua. And so, much appreciation, regards, and big ups to you all.]

As an urban Māori, as a person who was born and bred in Ōtara who—[Interruption] My first involvement in politics was I met this gentleman back in the 1970s in the library of Ōtara. He is sitting in this House today, the Rt Hon Winston Peters. Throughout my career I have spent time doing little bits and pieces of youth work, community work, so on and so forth—

💬 Hon Member: Union work.

—and union work, and parties, and all sorts of things. Throughout that I have had an enormous respect not only for the people up at Boot Hill, up at Ngāti Whātua—

💬 Hone Harawira: What, what?

—no, you did not hear me say that—but also for the people up in the Kaipara region who have continually tried to put their best foot forward in terms of their own people, without too much help from the Government, without too much help from the Crown. I remember people such as Tuck Nathan from Te Whānau o Waipareira Trust, who did an enormous amount of work not only in Henderson and in and around west Auckland but also up in the Kaipara region. So I suppose today, for me personally, it is a day of congratulations to not only Ngāti Whātua o Kaipara but also the Crown, the Minister, and the Office of Treaty Settlements officials on getting this on. Can I say this, that although we might remonstrate—

💬 Hone Harawira: What?

Remonstrate—have a read of it; it is a really good word. Although we might remonstrate with the settler Government of the past, I would suggest that we try to look at it from its point of view at that time. It is really easy for us, in terms of our ability to look at things historically, to make a judgment. Do not be too hard on the settler Government. The settler Government was looking for land. The settler Government was looking for a new way of life, and the settler Government—

💬 Hone Harawira: Come on. You’ve already got our vote—Mr Speaker.

This might not be for you. The settler Government was actually trying to look for a new start. Unfortunately, the way it went about it was to kick the indigenous people around. Unfortunately, the way it went about it was to steal land, and make up laws to make it easier for it to acquire land. So the story sort of rolls out over time. I think that what we need to accept and congratulate Ngāti Whātua on is that they had one of two options. First, they could have said: “No, we’re waiting for a bigger settlement. We will wait until we get what we want.” Or, second, they could say: “OK, we’ll settle, and we’ll make the best of our situation that is in front of us now.” I think that iwi Māori have to be congratulated on taking the second option. That is not cutting and running, but actually seeing that you have an opportunity to go forward, instead of waiting for some lotto draw to happen, because, essentially, that is what it would have been. I think that I will use today’s proceedings to congratulate iwi Māori, and in particular Ngāti Whātua o Kaipara, on taking that option of seeing the opportunities in front of them and knowing full well that it is a minuscule amount, knowing that it is a small settlement in the larger game of settlements. But they have taken the opportunity.

I know, and have known, some of Ngāti Whātua personally and for a long time. Sharon Hawke is sitting up there. I have had an enormous respect for her work and an enormous respect for our friendship over the years. Right back in 1981 we were on a youth march. We actually came to Wellington, and we were invited to the Prime Minister’s office—Muldoon’s office. I tell you what, he gave us a pretty good hearing, and so did Bill Birch. So I just want to recognise Sharon and her kaha in all that she has done for Ngāti Whātua and on behalf of Ngāti Whātua.

There is the Ngāti Hine connection, as my whanaunga across the way says, and it is not the toenail. It is the heart of Ngāti Whātua—no, I was just joking. Apparently the Ngāti Hine connection is through the battle at Te Ika-a-Ranginui in 1825. There was a swap, a gift, between the two. I am sure that there are also other connections. There is one lady whom I must mention in the House. She has been a stalwart forever. She was the one who started off the kia ora campaign from Ngāti Whātua, Naida Glavish. I want to pay my respects to her for being he tino wahine toa mō ngā reo, mō te reo Māori, mō ērā mea katoa. Nō reira, nui atu taku mihi ki a ia, anei rā.

[She is a real champion in terms of languages, the Māori language, and all things like that. So I regard her greatly, and here it is.]

This is a Treaty settlement day, and, like the Minister of Māori Affairs said, these days are really, really important for us to know our past, to know where we might go as a nation and get behind the people who are here today, settling with the Crown a part of their history. Know your past, know your present, so we can all know our future as a nation—a nation of different peoples, but a nation none the less. Kia ora.

Tēnā koutou ngā rangatira nō Ngāti Whātua o Kaipara. Ngā mihi tonu ki a koutou i runga i te kaupapa nui o te rā. Tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Greetings to you, the revered from Ngāti Whātua of Kaipara. I particularly acknowledge you on this great matter of the day. Acknowledgments and commendations to you collectively and to us all.]

I would like to acknowledge the men and women in the gallery, and it was nice to see the children from the ET rugby team as well. I would like to thank you for coming, and New Zealand First acknowledges the difficulties that you have overcome to be here today. I see Haahi Walker up there, and I would like to acknowledge his presence as well.

While I am in acknowledgments, I would like to thank the other members for their contributions today. My speech will not be so long, because they have mentioned much of the history, but I would say that the Ngāti Whātua o Kaipara is unique in that it was referenced in the lands case, which was a landmark case in giving rise to Treaty settlements. I congratulate Ngāti Whātua o Kaipara on gaining Woodhill Forest, because it is precious taonga, with urupā and wāhi tapu sites strewn throughout it.

Ngāti Whātua o Kaipara comprises a cluster of five marae around the harbour. This claim has brought them together under a new governance entity that is going to help collaborate the futures of the five marae. With five marae represented, it was always a big claims committee, with one representative each and a couple of support people, but this led to robust discussion. It has actually brought this unit together as a real cohesive unit. That was evidenced when they came here to Wellington and saw the Minister for Treaty of Waitangi Negotiations, Minister Finlayson, and said that they were not going home without ownership of their sacred maunga. So I would congratulate them on that, because they would not settle without it—and why should they?

There is also unique redress within this claim, and I refer to the Parakai hot pools, but there is also a hook in here, because there is co-governance and co-management with the Auckland Council. I would say to make sure that the Auckland Council understands that that means co-responsibility, because the last thing that we want to see you saddled with there is hot pools that are in need of repair and the costs that come with that. My New Zealand First colleague Tracey Martin is with the Rodney Local Board, and she will also be able to keep an eye there.

This claim has been facilitated by the good relationship that the iwi have had, beginning with the Rodney District Council, and now the Rodney Local Board, but, most important, with the community. Given how big Woodhill Forest is, I would just say that Ngāti Whātua o Kaipara will be the largest landowner in their rohe, and that is massive. That is about 13,000 hectares of land. Finally, I would like to acknowledge Ngāti Whātua o Kaipara’s generosity in allowing appropriate continued use of the forest by the community, as well as many of the reserves. That, interestingly enough, is in line with their historical generosity.

I would sum up by saying that, along with my colleagues in the Māori Affairs Committee, we will look forward to meeting with Ngāti Whātua o Kaipara, and we will try to get through this claim as expeditiously as possible. Kia ora.

Tēnā koe. I was not going to speak on the Ngāti Whātua o Kaipara Claims Settlement Bill, but I got a text earlier this morning from somebody in Phuket, up in Thailand. It says: “Get along to the House, and tell Tame: ‘Don’t blow it while I’m away.’ I’ll be back for the third reading. I hope it is all still in our hands, signed Naida Glavish.” Kia ora tātou.

Bill read a first time.

Bill referred to the Māori Affairs Committee.

Waiata