Mokomoko (Restoration of Character, Mana, and Reputation) Bill

I move, That the Mokomoko (Restoration of Character, Mana, and Reputation) Bill be now read a first time. I nominate the Māori Affairs Committee to consider the bill. At the appropriate time I intend to move that the committee have the authority to meet at any time while the House is sitting except during oral questions, during any evening on a day on which there has been a sitting of the House, and outside the Wellington area, and on a Friday in a week in which there has been a sitting of the House, despite Standing Orders 188, 190(a), and 191(1)(b) and (c).

Tuatahi, me mihi atu au ki a koutou kua hara mai nei i tēnei rangi, mō te pire nei mō Te whānau ā Mokomoko. Nā reira, tēnā koutou, nau mai, hara mai. Whakatōhea whānui katoa mai, kua hara mai koutou ki te Whare Miere i tēnei rā, nau mai, hara mai. Hara mai me ā koutou tini aituā, kia mihia, kia tangihia rātou. Nā reira, ko te kōrero kua mihia, kua tangihia, haere, haere ā tātou mate. Kia hoki ki te kaupapa whakahirahira nei, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Firstly, I extend salutations to you collectively who have arrived here today in respect of this bill about the Mokomoko family. And so, greetings to you collectively and welcome, welcome. To all of you Whakatōhea broadly, welcome, welcome. Come hither with your many, many deaths so that we can acknowledge and mourn them. Therefore, let it be said that they have been acknowledged and mourned, so depart, our dead, farewell. And so, in returning to this highly important matter, I extend greetings to each of you collectively and to us all.]

This bill gives legal effect to the agreement to introduce legislation to give statutory recognition to the Mokomoko pardon signed by me on behalf of the Crown and Te whānau ā Mokomoko Leadership Group, along with many more whānau members, kaumātua, pakeke, and rangatahi, at Waiaua Marae on 28 September 2011. This bill will formally restore the character, mana, and reputation of their tipuna Mokomoko, a rangatira of Whakatōhea, who was executed by the Crown in 1866 for his alleged involvement in the murder of the Rev. Carl Sylvius Völkner. You may recall that a free pardon was provided to Mokomoko in 1992 for his role in this event. There are significant unresolved matters related to the form and content of the free pardon that this bill is intended to rectify. I would like to pause here to acknowledge the passing of two esteemed kaumātua and members of the whānau leadership group, Matua Tuiringa Manny Mokomoko and Matua Matenga Biddle. Nā reira, okioki pai kōrua.

[And so rest in peace, you two.]

I would like to emphasise the significance of this bill to the descendants of Mokomoko. The bill progresses the Crown’s express undertaking to restore the character, the mana, and the reputation of the tipuna Mokomoko, and of the whānau, by providing statutory recognition of the free pardon. It represents the efforts of the leadership group to bring the issue to the Crown’s attention, to enable Te whānau ā Mokomoko to finally start their healing process. The bill is a sign of the Crown’s commitment to restoring the relationship with the whānau by expressing its regret that the shame and stigma carried by the whānau was not remedied by the pardon provided in 1992.

I was humbled by the welcome on to Waiaua Marae in September last year, where I met Te whānau ā Mokomoko, and we signed the agreement that underpins this bill. I was delighted to see large numbers of whānau present inside the whare tipuna, Rūāmoko, to witness the signing and demonstrate their support. Members of the wider whānau had, only weeks earlier, attended a series of hui in Wellington and Auckland, and at Waiaua, where they voted in favour of this legislation being introduced.

This bill marks an important step in restoring the relationship between Te whānau ā Mokomoko and the Crown, and I am pleased to be able to promote this bill today. I would like to take this opportunity to acknowledge the time and effort that Te whānau ā Mokomoko Leadership Group has put into reaching this milestone. I acknowledge the long path that the whānau have trodden, and the burden, the shame, and the stigma that they have carried in seeking justice for their tipuna Mokomoko.

It is now timely for me to provide some background to the events leading to the arrest of Mokomoko, and the Crown’s earlier attempt to resolve this issue. The events surrounding Mokomoko’s execution are a blot on the history of the Crown-Māori relationship. It is important to remember these events, so that we may acknowledge the sacrifices of their tipuna. I want to recount the story of events leading to the execution of Mokomoko in 1866, as I understand them.

On 1 March 1865 the Rev. Carl Sylvius Völkner arrived in Ōpōtiki despite the warnings of Te Whakatōhea to stay away because of the presence of Kereopa and other Paimarire prophets. Völkner had been accused of spying and relaying information about Mātaatua and the East Coast Māori seeking to assist Waikato in their fighting with the British Army. Rev. Völkner was taken from the ship he arrived on and held until his fate was decided by those present, including Mokomoko. According to kōrero from the whānau, when the decision to kill Rev. Völkner was made, Mokomoko departed. He later stated that he had tried to help the missionary escape.

In retaliation for Völkner’s killing, the Government sent soldiers to Ōpōtiki to arrest his killers. The Governor, Sir George Grey, proclaimed that if soldiers encountered resistance, land would be confiscated. Some resistance was encountered and this was used by the Government as the basis for the raupatu, the confiscation, of tens of thousands of hectares of Māori land in the Eastern Bay of Plenty. Government soldiers mounted raids against Te Whakatōhea and other iwi in the region, as they sought out Mokomoko and his co-accused. According to some accounts, many were killed, kāinga were destroyed, and Whakatōhea’s shipping fleet—the entire fleet—was burnt. The kōrero of the whānau is that Mokomoko’s wife, Kimohia, was repeatedly raped before being bayoneted to death by Government soldiers.

Mokomoko surrendered in October 1865 to stop the persecution of his people, but he maintained his innocence. In 1866 Mokomoko was tried and executed for the murder of Völkner, along with his co-accused from Ngāti Awa. Mokomoko was convicted on the basis that it was his rope that had been used to hang Völkner and on the basis of a supposed eye witness who claimed he was guilty. Following that conviction, two of Mokomoko’s co-accused admitted their guilt; however, Mokomoko did not. Mokomoko was hanged, and he was buried at the old Auckland jail and courthouse. Mokomoko’s remains were later re-interred in Mt Eden Prison in the 1890s. Before he was killed, he uttered the words: “E mate harakore ana ahau, tēnā koutou Pākehā, hai aha.”

[“I die an innocent man, so thanks for nothing, Europeans.”]

In October 1989, 123 years after the execution, Mokomoko was finally returned home to his whānau, where he was re-interred at Waiaua Marae near Ōpōtiki.

Seeking and receiving justice for these horrible events has not been easy for Te whānau ā Mokomoko. The memory of the wrongs done to their tipuna has been burnt into the consciousness of each successive generation of the whānau. This is something that the Pākehā world often does not understand—how history still lives with us and is in our actions, in our minds, in our ambitions, and in our aspirations.

In 1990 Te whānau ā Mokomoko sought a posthumous pardon for Mokomoko and applied for the exercise of the royal prerogative of mercy. This application was initially declined on the grounds that the Crown considered there was no new evidence for the granting of a pardon on the basis that Mokomoko was wrongly convicted. The Crown later agreed that section 11 of the Te Runanga o Ngati Awa Act 1988 had the effect of pardoning Mokomoko’s co-accused. The Crown subsequently agreed that for consistency Mokomoko should be afforded the same treatment and it issued a free pardon to Mokomoko. On this basis the free pardon was issued to Te whānau ā Mokomoko at Waiaua Marae on 25 June 1992.

The free pardon should have been a constructive step in the journey of the whānau. The Crown’s intention was right, but the way in which the pardon was provided compounded the grievance in the eyes of the whānau. Unlike the Ngāti Awa pardon, the pardon for Mokomoko did not expressly restore his character, his mana, or his reputation, and it read: “whereas it appears that one of the incidents of section 11 of the Te Runanga o Ngati Awa Act 1988 is to pardon the three persons convicted with Mokomoko of the murder of Carl Sylvius Völkner ... it appears to me just and expedient that a pardon should also be granted to Mokomoko.”

This bill acknowledges with regret that the free pardon granted to Mokomoko in 1992 did not expressly restore the character, mana, and reputation of Mokomoko or his uri. It also acknowledges the Crown’s regret that it did not consult with Te whānau ā Mokomoko about the wording of the free pardon.

The grievance of te whānau in relation to the 1992 pardon was considered by the Waitangi Tribunal as part of the Te Urewera inquiry, and it recommended that the terms of the free pardon be revisited by the Crown as a discrete matter, and that the statutory pardon should be granted. Unfortunately, the Crown is unable to reissue a free pardon once it is granted, but it can provide statutory recognition for an existing pardon, and that is what this bill will achieve. I just want to read this part of my speech. I am aware that the Waitangi Tribunal has also recommended that the Crown create some form of tangible tribute to mark the wrong done and demonstrate to all concerned that the blame for the raupatu did not and does not rest on Mokomoko or his descendants. I would like to assure the whānau that the tribunal’s recommendations on this point will be explored with them by the Minister for Treaty of Waitangi Negotiations and by me and our officials as part of the Whakatōhea historical Treaty settlement negotiations.

I would like to draw the House’s attention to some of the bill’s key features. The preamble is significant, as it acknowledges the long journey the whānau has had in seeking justice, and that is 146 years to date. The preamble records the background to the treatment of Mokomoko and the men of Ngāti Awa in relation to the murder. The preamble also sets out the Crown’s acknowledgments that the terms of the 1992 pardon did not expressly restore the character, mana, and reputation of Mokomoko and his uri. This acknowledgment is repeated in clause 3, which sets out the purpose of the bill, and clause 6, where the specific acknowledgment is provided of the Crown’s regret that the free pardon did not expressly restore the character, mana, or reputation of Mokomoko and his uri, and the Crown’s regret for the ongoing shame and stigma felt by the whānau. Clause 6 also provides an acknowledgment of the Crown’s regret that it did not consult the whānau about the wording of the pardon to specifically restore the character, mana, and reputation of Mokomoko and the whānau.

Clause 7 provides a statement that was lacking from the 1992 pardon. It reads: “It is declared that on and after the passing of this Act, the character, mana, and reputation of Mokomoko are restored and the character, mana, and reputation of his uri are restored.” I think that is really a vital clause in the whole thing. This is a simple but significant clause, but I sincerely hope this will help lift the shame and the stigma felt by the whānau and be an important step towards restoring the relationship between the Crown and Te whānau ā Mokomoko.

As the whānau indicated in the agreement we signed, their journey to bring the matter to rest will be finally redressed by the Crown through their negotiations of the historical Treaty settlement.

Finally, I would like to note that this bill records the waiata composed by Mokomoko while in Mt Eden Prison. The first line of the waiata is now a whakatauākī for the whānau. The whakatauākī indicates how deeply the events surrounding the arrest, trial, and execution of their tipuna Mokomoko are etched on the collective memory of the whānau. The whakatauākī is as follows: “Tangohia te taura i taku kakī, kia waiata au i taku waiata”, which has the meaning of “Have the strength to speak up, and the truth will not be silenced”.

I would like to take this opportunity to mirror the sentiments of this bill by expressing the Crown’s sincerest regret for the sense of shame and stigma that the whānau have carried in this period. I look forward to the bill being passed so that Te whānau ā Mokomoko can move on to the next stage of their journey without the shame and stigma they have carried for so long. The next stage will be to address the historical Treaty claims of Te whānau ā Mokomoko, and explore ways of providing an appropriate tribute, and also to resolve their wider grievances, some of which I referred to earlier in my speech, through the Treaty settlement process. For these reasons, I recommend that this bill be referred to the Māori Affairs Committee without delay, and be reported back to the House in due course. I commend this bill to the House.

Tēnā koe. I a koutou i tae tahi mai i konei ki te Whare Miere, e tautokotia atu te mahana o te mihi nui o tō tātou Minita Māori ki a koutou i tae kaha mai. E te matua, e reka atu te kite i a koe i reira e noho atu, tata ana ki Te whānau ā Mokomoko nā te mea, e mōhio atu tātou te āhua i Mātaatua whānui mō tēnei tino mate. Nō reira, tēnā koutou.

E tika atu te mihi atu i a rātou e kore i konei, ngā mea pakeke mai rā nō, e whai atu, e mau pakiri a muri a tēnei tino take. Te pai o te rangi nei. Kua tae mai koutou ki te wāhi nei mō ngā tangata o te Whare Miere hei tuku kōrero ki a koutou. Ahakoa ngā piki, ngā heke, he tino pāpōuri o te mahi o te taura. E pai ana te kī pēnei tonu, nā wai e kī kei a te Kāwana te hē. E mōhio atu tātou ko tērā anō te hē i roto i a koutou o te Whakatōhea. E mihi kau ana ki a koutou katoa, ngā mea e whai atu ia tau, ia tau.

E mihi kau ana ki te Minita, ki a rātou ngā mea mai rā nō e whawhai tonu atu mō tēnei tino whawhai. He ātaahua atu ngā kupu o te waiata. I kī atu tō tātou Minita Māori mō te āhua e puta ā-waha te waiata, mō te āhua e tae atu te rangatira a Mokomoko. He tino rangatira kē tērā nā te mea, i roto i ahau he aha ai e kī atu, kei te Kāwana te whakahuri atu i tō rātou mahi? He rōroa atu ki te tae atu ki te wā nei. Nō reira, e mihi kau ana ki ngā kupu e tuku atu te koroua ki ngā tangata katoa o Aotearoa, kei rongo atu i te mamae, ki te koi hoki i roto i a ia, ahakoa tū tata ana ki te rere haere ki te wāhi mate. E mōhio atu tātou ahakoa nā wai, nō whea, ka tae atu tērā āhua ki te katoa. Koirā anō te mea i roto i ngā kupu o te waiata rā. Nō reira, tēnā koutou.

[Thank you. To you collectively who have arrived here in Parliament, I endorse the warm welcome extended by the Minister of Māori Affairs to you all who have worked hard to get here. To the elder, it is delightful to see you sitting there close to the Mokomoko family, because we all know the situation in the wider Mātaatua area in regard to this great tragedy. And so I pay a tribute to you collectively.

It is only right that we acknowledge those who are no longer here, the elders from way back who rigorously pursued this matter of such significance. What a beautiful day this is. You have arrived at this place here so that members of Parliament can address you. Despite the highs and lows, what the rope caused was really depressing indeed. It is fine to continue to say that the Government has erred. We all know that this error has impacted on you all of Whakatōhea. I applaud you all, the ones who have followed up this issue year after year.

I commend the Minister and all those ones from way back who continued the fight over the years for this great cause. The words of the song are just so beautiful. Our Minister of Māori Affairs referred to the circumstances that led to this song and how the revered Mokomoko arrived there. That is very noble because I am thinking: why say it is up to the Government to rectify its own actions? It has taken a very long time to get to this point. So I really acknowledge the words that this elder left to all the people of New Zealand and for them to feel his hurt and the sharpness of his mind even though he was about to die. We all know that it does not matter where it is or who it is, death eventually comes to us all. That song has the same message as well. So I commend you collectively.]

We rise to support this bill, the Mokomoko (Restoration of Character, Mana, and Reputation) Bill, about one of the dastardly deeds enacted by the Crown. Certainly, one wonders and asks the question about how real giving a pardon is in reversing the shame and the burden inflicted on this rangatira in his own right—and he was a rangatira in his own right. The soldiers, and whoever else, chose to take him to Auckland, he was killed there, and then taken home to his marae in later years. In the mid-1990s there was a pardon given. The whānau at that time, and up to now, have plausibly argued that it may have removed the stigma and shame from the individual, the rangatira Mokomoko, but certainly they have had to wear it and carry it through generations.

Those issues are broad issues in relation to the development of Paimarire and the Kīngitanga’s move not to participate in war. In that way—and we have that lesson in the Second World War—the death of Mokomoko brings to light a whole lot of other relevant issues in our history that we tend to have pushed under the carpet. Today we certainly support putting this deed to rest. It will never be put to rest, because at times the Government has to pronounce its shame. It is suggested that this bill is one way of doing it. But no money or response in the sense of assets will correct what was done. In the raiding and the confiscation of lands in Mataatua, this deed was a platform and leverage used to do that. History will tell you that it was thousands of acres. I have always wondered that the great people who came over with Captain Cook had such adeptness to be able to choose where to take. It is high-producing property now. Other people manage a lot of it. Thank goodness Whakatōhea has control of some of it, but, again, like with Waikato and Taranaki, one wonders.

The schedule at the end of this bill reproduces the text of the free pardon granted to Mokomoko. The bill extends it out so that the family can be recognised in the sense of that pardon. There is a key part in there where we talk about restoring the mana and the rangatiratanga of Mokomoko. I do not think those things were ever removed. That death was inflicted on him at the hands of the Crown does not necessitate the reasoning and rationale that they were removed from him. What this bill does do is create a continuum of recognition that he was a rangatira in his own right, and his leadership of his people at that time, for reasons that were important, is something that has to be really recognised, as well as the confiscation of the land.

The bill restores the character, mana, and reputation of Mokomoko, and the character, mana, and reputation of his uri. That is the key part in this. I think that is wonderful and that is OK. But, hopefully, it is bigger than that—that they have a settlement as we are heading into contemporary times. It also opens the question of a whole lot of other deeds not too dissimilar to this done around the country. What do we do about them? I think that, in the sense of it being an initial entry into the Crown being serious about apologising and trying to restore and redevelop its connections with those people, it is something that we have to consider.

Following his conviction and before execution, Mokomoko composed the following waiata. The Minister of Māori Affairs read out the opening lines of it, but I would like to labour through—excuse the pun—some of the lines, not all of them, because I think they are very relevant and show the depth of what happened to this great leader. It is a pronouncement of somebody who is close to death, knowing full well that he is going to be set upon by, and put to death under, the ruling of the Governor from England. He writes this great waiata. It should resonate around this land for us to understand that people can still maintain their humility and have their rangatiratanga recognised, through these lines he wrote. Picture that at the time he was close to death. He knew what was going to happen to him, yet he still expressed, in a fashion of any great rangatira, what was going to happen to him. He said: “Kei te hori te tangata tēnei au ki te raweke”—they treat me like a common thief. “Whakarewha te titiro te hukinga ia hau utiti”—with confused view I reflect on the vengeance taken, and question the reason why. “He ahi mumura te pānga mai o te whakamā”—the memory of the shame burns within me so deep. “Te rerenga o te rā, ko te Kāwana kei Ūropi”—with the passing of time and the Governor of Europe. “That to be taken to a place afar, Right or wrong I am to die”, as he had said earlier on. “Māna e kī … Hei tūtaki ake mō te kuaha o te pouaka”—with the closing of the lid on my box, only then will I get peace and eternal rest.

Here is somebody who knows he is being put to death for no reason whatsoever of his own doing, and he still recites those words in recognition, and he mihis to the people who put him down. It is indeed quite a dramatic situation. I hope we could be a lot more forgiving in contemporary times. If we are serious about nationhood, the resurrection of this deed, the adding of this bill in relation to Mokomoko’s killing is something we could join together and recognise. It is not just the past, history, or something that the Minister puts up to make everybody feel good; it is something that is the right thing to do at the right time. Let us not do it just for the sake of it. Here is a man who has passed on and who forgives the perpetrators, but at the same time he expresses his view in a very clear fashion, as any rangatira would do.

I want to recognise the rangatira Mokomoko for the effort he put in. We are here today as politicians and guardians for the better of this country, trying to put something right that was terribly wrong. Kia ora.

Tēnā koe e te Mana Whakawā. Tēnā tātou huri noa i tō tātou Whare i tēnei ata. Te whānau ā Mokomoko, tēnā koutou. Tēnā koutou i hara mai ā-tinana mai ki tēnei, me kī, ki tēnei marae o tātou katoa, te Whare Pāremata. Tēnā koutou mō tō koutou pakari ki te whawhai kia puta tēnei hē ki mua i te aroaro o te marea i te Whare Pāremata, kia taea e tātou te whakatika ahakoa te roa o te wā kua pahure nei. Hoi anō, tēnā koutou, tēnā koutou, tēnā koutou katoa.

Kua mihia kē ngā tungāne i a tātou i tēnei ata, e tautoko ana ahau i ērā mihi. Kua whakaoti e taku rangatira, e te Minita Māori i runga i tēnā whakataukī “Tangohia te taura i taku kaki”. Ahakoa he pōuri, he pakari tonu tērā kōrero ki a koutou o te whānau, otirā, ki a tātou katoa o Aotearoa nei. Nā reira, i runga i tērā whakaaro, tēnā tātou e whakakotahi nei ki te whakatikatika i tēnei kaupapa, i tēnei wā. Ahakoa te roa o tātou e whiriwhiri ana i tēnei kaupapa, ahakoa ko mātou o te Kāwanatanga i tēnei wā ēngari, kia mōhio mai tātou ko tēnei pire, he pire mai i te Karauna o Aotearoa. Nā reira, e tika ana me tautoko tātou katoa i tēnei pire kia whakatinanahia te hiahia o te whānau, otirā, ō tātou katoa kia tū tēnei i runga i te Ture o Aotearoa.

[Thank you, Mr Speaker. Greetings to us all throughout our House this morning. To the Mokomoko family, I acknowledge you. Thank you for coming in person to this place, which I should say, to this courtyard for all of us, Parliament House. I commend you for being staunch in battling to get this wrongful deed publicly before Parliament so that we can collectively rectify it, even though much, very much time has passed. And so, salutations, acknowledgments, and congratulations to you all.

The brother members have already welcomed us this morning and I endorse those words of welcome. My esteemed colleague the Minister of Māori Affairs added the finishing touch with that aphorism “Take the rope from my throat”. Even though it is remorseful, that is saying remain staunch for you, the family, and, indeed, for all of us here in New Zealand. Consequently, I commend all of us here who have come together at this point in time to put this matter right. Despite the fact we have been negotiating this proposal for a long time and we are the Government currently, we should clearly understand that this bill is actually from the Crown of New Zealand. And so, it is only right that we should all support this bill, which will embody the wishes of the family and, indeed, of all of us so that it becomes an Act of New Zealand.]

I am honoured to stand today together with my colleagues to support the passage of the Mokomoko (Restoration of Character, Mana, and Reputation) Bill and the recommendation of it going to the Māori Affairs Committee. It is appropriate, as I have just said, that no matter who the Government is, this is a Crown responsibility to put right in whatever way possible what has been a longstanding error on behalf of successive administrations. In that regard I want to pay tribute to the Māori Party and to the Minister of Māori Affairs, who ensured that this bill would be part of our coalition agreement, that it would come before this House, and that we would memorialise the recognition of the restoration of the mana and character of Mokomoko in the way of this democracy, which is to pass it into law so that it may sit in our statutes mō ake tonu atu. I would like to acknowledge that, because it has been through the commitment of the Minister and of the Māori Party that we take this next step.

It is true that the free pardon that was offered in 1992 had some elements that were not sufficient, but it does reflect that getting the Treaty partnership right is an ongoing process and one that all of us must continue to work on and be committed to. It is appropriate that here in 2012 we are taking another step to strengthen, in substance as well as in form, the dynamism of the Treaty partnership. Our Government is absolutely committed to settling historical grievances. It is appropriate that the Crown takes responsibility for those so that we can pave a pathway of strength forward for all parts of New Zealand society—iwi and the rest of the nation—and this Government, this coalition Government, together with the Māori Party remains committed to seeing that through. We want to ensure that we not only get the words right but also get the process right, and that we give recognition to what has happened in the past, so that we can invest in our future and together grow stronger.

Acknowledged by both the previous speakers, Dr Pita Sharples and Parekura Horomia, were the words of Mokomoko himself of his defiance that he was being found wrong inappropriately right to the very end, and his strength in standing up for his beliefs. Again, I think it is appropriate that the Minister of Māori Affairs has acknowledged that history is for ever present amongst us, and that we must continue to heed those lessons to ensure that our future can be stronger for it, not with amnesia but with full knowledge of how we have come to be the people we are and how we can build on that as we go forward into the future.

With this bill the Crown acknowledges that it regrets any stigma and shame that its free pardon did not restore the character, mana, and reputation of Mokomoko and his descendants. I think the Hon Parekura Horomia has recognised that there were oversights in that free pardon, but, as I have already indicated, it was the best we could do in 1992. Here in 2012 we are doing better, and we will continue to do better.

We acknowledge that the Mokomoko whānau were not consulted about the wording of the free pardon, and this bill endeavours to set that right. It is also acknowledged that the bill does not prevent the Mokomoko whānau from seeking the settlement of their historical Treaty of Waitangi claims through the Treaty settlement process, and this Government, I think, stands on a very proud record. In 4 years we have invested significant resources, and the Minister for Treaty of Waitangi Negotiations, the Hon Christopher Finlayson, has committed his time assiduously to ensuring that we can right the wrongs of the past and we can settle historical grievances so that we can move forward on a pathway, and iwi can move forward in restoring their economic well-being, strengthening their cultural identity and language, and providing for the social backbone of their own iwi members as part of who we are as New Zealand.

I am really honoured to be able to speak, albeit for a short time, on this bill and to support my friend and colleague the Minister of Māori Affairs in the leadership he has shown in bringing this bill to the House, and I commend the bill to the select committee. Kia ora tātou.

Tēnā koe, Mr Speaker. Tēnā kōrua, e ngā Minita, koutou rā ngā mema o te Whare Pāremata, tēnā koutou. Whakatōhea iwi, Te whānau ā Mokomoko, nau mai, haere mai ki roto i te Whare Pāremata e takatū nei. Tēnā koutou, tēnā koutou, ā, tēnā tātou katoa.

[Thank you, Mr Speaker. Salutations to you two Ministers and, indeed, to the members of Parliament, greetings. Welcome to the Whakatōhea people and the Mokomoko family, welcome to Parliament House bustling about here. Salutations to you and you collectively, and to us all.]

I am very privileged and proud to speak in support of this bill, the Mokomoko (Restoration of Character, Mana, and Reputation) Bill. Mr Speaker, as you know, a theme of my speeches on these settlement claims that have passed through this House has been that to understand whakapapa is to understand Māori history. Today’s history lesson has been fully traversed by the honourable Minister of Māori Affairs, so I will give my abridged version. Today’s history lesson is one of the most shameful in the history of our nation, but, more particularly, it is the history of one whānau, the whānau Mokomoko. The settlement bills that I have spoken on in the last couple of months have concerned the settlements in Poverty Bay, namely Rongowhakaata and Ngai Tāmanuhiri. Their story is of Te Kooti and his rebels and the start of the Hauhau wars that spread throughout the North Island in the 1860s as Te Kooti led his followers through the fastness of the Urewera central plateau and finally to the safety of the Kīngitanga in Te Rohe Pōtae, the King Country.

Rev. Carl Völkner was a former Lutheran minister who transferred to the Anglican Church. He was stationed at Ōpōtiki in 1861. In 1864 and 1865 Rev. Völkner reported to Governor Grey of the movements of the Hauhau within his region, and in the mind of our ancestors, of the old ways, this was tantamount to spying. So the chiefs of that time debated Völkner’s fate, and the rest, as they say, is history. But not so, because the aftermath of the Völkner affair in 1866 is why we are here today, 145 years later. On the flimsiest of circumstantial evidence—the rope used to hang Völkner was allegedly owned by Mokomoko—the chief Mokomoko was imprisoned and taken to Auckland jail. He was tried and convicted and hanged at Auckland, where he was also buried. In October 1989, 123 years later, his kōiwi were disinterred and repatriated to Waiaua pā near Opōtiki. Throughout this ordeal, Mokomoko maintained his innocence.

Such were the ways of our ancestors that a rangatira of the status of Mokomoko was apt to compose a death dirge, a lament, a waiata full of pathos. Often these waiata were composed to remind their descendants of how their death came about and how mana must always be retained. The theme of Mokomoko’s waiata is no different. As has been mentioned today, its opening lines are:

Tangohia te taura i taku kakī

kia waiata au i taku waiata.

As Mokomoko stood on the gallows facing his death, the aforementioned words were spoken. Today, the descendants of Mokomoko, ngā uri o Mokomoko, use those prophetic words as a pēpeha, a tribal whānau saying, to mean: “Have the strength to speak up and the truth shall not be silenced.” In his waiata, Mokomoko laments how he is treated like a common criminal:

Kei te hori te tangata tēnei au ki te rawake.

Halfway through his poignant waiata, composed on the gallows of Auckland jail in 1866, with the rope around his neck, Mokomoko pleads to his descendants:

He wareware noa te eke noa i te kaipuke

He ahi mumura te pānga mai o te whakamā.

“Remember how I was taken on board a ship, chained and in shackles. The memory of my shame burns me so deep.” Our ancestors of long ago were a proud people, and at all times maintained and upheld the mana of their whānau, hapū, and iwi. But, more important, he also practised his own personal mana. In the warfare practised by our tūpuna, there was more honour to die in battle than to be taken alive as a slave of the victorious tribes. To be bound, to be a herehere—a slave—was the highest indignity and a shame upon the family as well. So the whakamā of being held captive was too much for many of our rangatira who interacted with our early justice system. Just like being held in remand or waiting for the justice system wheels to be cranking on and the process followed through—again, that was a serious whakamā that was inflicted upon many of our people.

He wareware noa te eke noa i te kaipuke

He ahi mumura te pānga mai o te whakamā

“Remember how I was taken on board ship, chained and shackled. The memory of the shame burns me deep.” These are proud words from a shamed man, who was not afraid to meet his death. Today in this debate we begin the process to ensure that Mokomoko’s descendants have the shame of their tupuna erased, wiped clean, and his mana reasserted. They can begin to write new waiata. He and his descendants deserve no less. So I mihi to the descendants of Mokomoko here today, who have travelled all this way, and I also think of my own whānau connections, my cousins, my many, many Mokomoko cousins in Te Wai Pounamu, my grand uncle—we knew him as John Bull Mokomoko—Teone Āperira Mokomoko, who married my grand aunt Te Rau Ōriwa Tregerthen Tirikatene. I know many of them are tuning in and watching this first reading today, so I mihi to all of them and to all of the Mokomoko whānau throughout the motu.

In June of 1992, the Governor-General issued a free pardon to Mokomoko. The whānau Mokomoko were, however, concerned that the pardon was drafted without consultation with the family and did not expressly restore his character, mana, or reputation to him and his descendants. So, as has been traversed in the kōrero so far, there are several parts to this bill that finally make good that pardon. Among the additions, the Government will acknowledge that the free pardon did not expressly restore the character, mana, and reputation of Mokomoko, nor the character, mana, and reputation of his uri.

The upholding of mana is a constant struggle in today’s world. Every day the mana of Māori is trampled upon and disrespected by ignorant New Zealanders, driven by an even more ignorant Pākehā media, but if there is one word that resounds through the languages of the Pacific, it is the word “mana”, and its meaning never changes as you paddle from island to island. It even means the same up north in Tai Tokerau as it does down in Te Wai Pounamu. Mana is authority, prestige, reputation—things that are important to all Polynesian cultures, especially to Māori. So I commend the passage of this bill through the House. I look forward to participating in the Māori Affairs Committee, and I mihi to everybody here today. Kia ora ano tātou.

Tēnā koe, Mr Speaker. Tēnā koutou e te Whare. He mihi nui ki te whānau o te rangatira Mokomoko me Te Whakatōhea hapū, iwi katoa, tēnā koutou.

[Thank you, Mr Speaker. Greetings to those of you of the House. A huge acknowledgment to the family of the revered Mokomoko and to the subtribe and all the people of Te Whakatōhea. Salutations to you collectively.]

Thank you for coming here today to hold us to account, and for your persistence in doing that. For me and my party, the Green Party, we believe that the Treaty gives us a place to stand if we honour it, but you are holding us consistently to account for our failure to do that both as the Crown and as a culture. We are grateful to you for the holding to account that you have done at great cost—a price that you have paid for many, many years.

I would like to speak a little bit about the concept of apology, the history of the Ōpōtiki region, and the way in which colonisation targets individuals in order to commit raupatu, which has been manifest through the story of the rangatira whom we speak about in the House today. Having lived in the rohe—my mother-in-law lived for many years at Ōhiwa—when driving through those beautiful, wealthy, fertile lands the question remains: is the price paid? Is enough price paid yet? Have people been given the right to regain their resources? The answer is no, but this bill, the Mokomoko (Restoration of Character, Mana, and Reputation) Bill, is a step along the way.

Other speakers today, and particularly the Minister of Māori Affairs, have well traversed some of the history. The 1860s were an incredible time in the history of indigenous peoples right around the world, because, if you look at the histories of indigenous people in North America as well as Aotearoa, that was a time when confiscation and death descended upon many of those communities because of the resources and the power they held. The colonisers wanted the resource, and so they had to find a way to get it.

If you read the history of the rohe, hear it spoken on the marae, or study Judith Binney’s contribution, you will see the way in which Tūhoe, Whakatōhea, and the Mataatua waka in general paid the price for the aspirations of the Crown. It is often paid by a particular whānau. That whānau in this instance, the whānau of Mokomoko, has held us to account, and up until this day the Crown has not yet succeeded in apologising. So we look forward to the passing of this bill and succeeding in apologising with the full meaning of apology.

The description that some people have given of the humiliation and the murder of Mokomoko is a very moving story. Again, as with many of the stories, it is not just a story; it is a reality, and it is a particular reality for the descendants. I would love to do a poll of the landowners, the Pākehā landowners, of the Whakatōhea region and ask them how many of them know the story of Mokomoko and the role of the Crown. Because, having been to the church where Völkner was murdered, I do not see a story in that town in English that tells Pākehā how this occurred. If we do not tell the truth, we do not really hear our own part in history. History is always in front of us. History is a very important part of who all of us are in Aotearoa if Te Tiriti o Waitangi is to be fully honoured.

The colonisation process does target an individual. It targets the individual in order to create the opportunity. Mokomoko was the opportunity for the raupatu, and Völkner’s death, the death of one missionary, became an opportunity not only to murder an innocent man but also to confiscate vast areas, to rape literally, and to pillage literally. The waves and ripples of that action, which this whānau have come to ask us to take responsibility for, continue to this day. It is often through the story of a person that we can come to understand the bigger history, and that is why this story needs to be told and must be told.

I would also like to speak about the issue of pardon. I find “pardon” quite a strange word for an innocent person. I think that for the issue of an apology, the word “apology” is the most powerful word. We need to look at what happened in 1992, and we need to look at what is being put forward very positively in this bill today. The first pardon was not negotiated. If we talk about what apology is, and if an apology is going to ring true, then all apologies, but particularly ones between the Crown and wronged families and iwi katoa, need to be properly negotiated. They need to be a genuine expression of contrition with a clear commitment not to repeat or reinforce in any way that action. That is something that needs to happen, and that is a process that does not stop merely with historical process but with contemporary process.

We need to talk about Tūhoe in this instance and whether any Government is prepared to apologise to them for what happened in Ruātoki in 2005. The contemporary refusals to apologise for breaches of legitimate behaviour by the Crown do risk the credibility of what we are doing. We are talking about the fact that history lives on, and it is good that we are apologising. We need to look at all the things, all the hara, all the hurts, that need to be addressed so that this apology is given respect along with all the others.

The other key element of an apology is when it is accepted. If an apology is accepted, then healing can begin between the parties, and that is why it is really awesome to see the descendants, the uri, here today accepting the apology offered in this bill. That was the problem with the 1992 apology: it differentiated between Ngāti Awa and Whakatōhea, which is an unfortunate, maybe well-intentioned, action. But if you do not consult, then it is still justice denied. Justice denied is when the person or the State defines what that justice is. The State cannot under te Tiriti define the meaning of justice or any apology; the State must negotiate in the relationship, and that is about starting with consultation and negotiation, as this bill does. So we celebrate that.

I would also just like to talk about the role of the State in causing the deaths of individuals. The death penalty was repealed in 1958, but it was too late for these people. I remember as a child sitting by the radio listening to Parliament when the death penalty was repealed. My father was one of the people who worked for the repeal of the death penalty, and one of the reasons he did that was that the Crown can make mistakes, and the Crown can cause harm and make use of innocent individuals. So it is important for the Crown to recognise the seriousness of the situation when it uses the death penalty. It is a good thing we no longer have the death penalty, but it will not restore the situation. This needs to happen in a process that is starting here today.

Like the descendants of Te Kooti, the people who are stigmatised by the actions of the Crown are entitled to full, complete recognition and redress even 146 years later. That is why I mentioned contemporary potential issues and breaches, because in 100 years’ time will there be whānau standing here asking us to relook at ourselves?

Again, I recognise the whānau of Mokomoko and recognise that this is a door that opens for a relationship and a continued conversation about the Treaty settlements in that beautiful part of the country, Whakatōhea. We really do need to educate everybody about the story of this rangatira and about the process of what we have gone through, and learn from the fact that a well-intentioned pardon that is not correctly negotiated will lead to the need for another negotiation. I think that learning is a very powerful issue within this particular bill. We all—Māori, tauiwi, Pākehā katoa—need to listen and respect the reason why the descendants of this tupuna have had to come to Wellington to this House today, why he was killed, who benefited, and who paid. The story is an opportunity, but—as I think the Hon Parekura Horomia said—it does not finish the pain and hurt. But it allows for the beginning of healing. So the Green Party is very happy to support this bill through all its stages. He mihi nui ki te whānau Mokomoko. Tēnā koutou, tēnā koutou katoa.

Tēnā koutou. Every so often, I suppose, a bill comes to this House that is out of the ordinary. We have our fair share of customs bills, fisheries bills, bills about the internet, and various bits and pieces, and we stand up and we speak. But this is one of those bills that is out of the ordinary. The history of the matter has been well traversed by the Minister of Māori Affairs. It is a matter of record. The context, of course, is the New Zealand Wars, raupatu, and a whole lot of, I think, very egregious things happening in our country. I will not relitigate that, but can I make two or three points. Firstly, there is the beauty of the thought expressed by Mokomoko, an innocent man, in his waiata. I think, like so many war poems and poems throughout the ages, it is simply expressed but with a depth of feeling and of concepts that I think make it a stunning presentation, which I will come back to. As I say, I note its beauty and its poignancy. His last words, as I understand it, which I do not think have been referred to in the House so far in this debate, are: “I die an innocent man. Farewell Pākehā. So be it.” Really, it says it all: “I die an innocent man.” It is certainly true; we know that today. “Farewell Pākehā.” It was a Pākehā, a British, system that had wrongfully convicted him. Then there is the stoicism, I suppose, of that last poignant phrase: “So be it.”—so be it. So it is the beauty of his expressions that I just want to put on record.

Then, secondly—and the last contributor alluded to this, I think, when she talked about the death penalty—we see what this case illuminates about wrongful conviction and innocence. We know, as I say, Mokomoko was hanged for a murder that he did not commit. Really, if you ask me, that is the best argument there is against the death penalty. I am not one of those—and I know there will be people in this House, maybe in the gallery, who disagree with me—who disagree with the death penalty for principled reasons. I actually can envisage cases where someone has perhaps gone on a killing spree and is deserving of the death penalty. But, practically speaking, when you face and encounter wrongful convictions, as we have seen in America, as we have seen in other countries, and in this country so graphically in this case, I could never support the death penalty. There is truth in that phrase that says that—as a former criminal lawyer I used to think this was an overused phrase, but really it is so true in this case—you know it is better that 10 guilty go free than one innocent person is convicted, because the injustice sticks in the craw. Today if we think about this case, it would not even get past a prosecutor’s desk. It would not even get past the desk, because, as I understand it, the piece of rope that was his is about all the British Crown had. Well, arguably, you could make a case about parties—section 66 of the Crimes Act—but that would never pass muster. It would be an entirely unsafe and, as we know in this case, wrongful conviction, not even coming close to being decent circumstantial evidence.

The sense of the injustice of all of this, of wrongful conviction, I think comes through incredibly clearly in that, as I say, beautiful, poignant waiata: “They treat me like a common thief”—the sense of indignity of this. “The memory of the shame burns within me so deep”—the sense of legitimate grievance. He questions the reason why—the bewilderment, really, that comes with finding yourself in a position of wrongful conviction. As I have already said, in his last words, as I understand it, Mokomoko said: “So be it.”—so be it.

So I for one am privileged to speak in this reading in this House, when, as the title of this bill says, we have the opportunity and the privilege to restore the character, the mana, and the reputation here, albeit many years—well, over 100 years—too late. I am glad we do not have a death penalty in this country. I am glad today we do have fair trials with due process. As I say, having reflected in my short contribution on the poignancy of Mokomoko’s words, on the circumstances he found himself in, on the pride and stoicism with which he dealt with that situation, and on the principles of our system today, it means that we do everything we can to ensure that the innocent are not convicted in the same way that he was.

Ka tangi te tītī, ka tangi te kaka, ka tangi hoki ahau, tihei mauri ora. E ngā iwi, e ngā reo, e ngā mana, e ngā mātāwaka, tēnā koutou, tēnā koutou, tēnā koutou katoa. E rau rangatira mā, ka mihi atu i runga i te karanga o te rā, tēnā koutou, tēnā koutou, tēnā anō tātou katoa. Warea, warea. Huakina te tatau mai i te pō ki te ao, te ao mārama.

[The mutton bird calls, the parrot calls, and I call as well, behold the sneeze of life. To the tribes, voices, authorities, and kinship groups, greetings to you, greetings to you, and greetings once again to you all. Oh, leaders of a hundredfold, I pay homage to you in respect of the call of the day, so acknowledgments, salutations, and congratulations once again to us all. Overcome, overcome. Open the door from the darkness to the dawn, and to the world of light.]

Sweep away and clear the pathway, so the door from bleakness to the world of light is open. Tihei mauri ora!

Mokomoko had tried to assist Völkner, but instead was framed as a murderer. His lands were confiscated, people were persecuted, and mana and character were disgraced. He was hanged, and in the 1890s his remains were re-interred at Mt Eden Prison. He was buried with murderers and felons, and, no doubt, along with innocent victims as well. The 146-year journey that it has taken to be here today has been heartbreaking and arduous for his descendants, and those words “heartbreaking” and “arduous” really are inadequate to truly describe the trials and tribulations of this whānau. How can you possibly describe the profoundness, the spirituality, the darkness, and the light of the experience of searching for Mokomoko’s remains, and finding them buried standing up in Mt Eden Prison? The manner of finding was spiritual and unique. That profound experience and the memories are forever etched on those people who were there for the resurrection of those remains.

One of the most recent kaumātua who was instrumental in us being here today was Manny Mokomoko. Sadly, not so long ago—just a little while ago, earlier this year—Manny Mokomoko passed away, a day after another treasured kaumātua, Matenga Biddle. New Zealand First extends our condolences for the heartfelt loss of these two splendid men. My wife is a Pukepuke from Kutarere, and my whānau knew Manny. It is fair to say that Manny’s goal was a complete restoration of character, mana, and reputation. That was what Manny wanted, and how proud he would be to be here today. We all wish that he was here today. We acknowledge the family’s loss, and wish you plain sailing in the pathways that open up through the restoration of Mokomoko’s mana and character in the years ahead.

New Zealand First supports this bill, the Mokomoko (Restoration of Character, Mana, and Reputation) Bill, and we will work through the closing stages for a journey as expeditiously as possible to the satisfaction of Mokomoko’s proud descendants. Kia ora.

Bill read a first time.

Bill referred to the Māori Affairs Committee.

Waiata