Ngāti Manuhiri Claims Settlement Bill
on behalf of the Minister for Treaty of Waitangi Negotiations: I move, That the Ngāti Manuhiri Claims Settlement Bill be now read a third time. Tuatahi, tēnā koutou Ngāti Manuhiri, Mook, Laly Haddon, koutou katoa kua haramai, nau mai, whakapiri mai. Nau mai, mauria mai ō koutou tini mate kia hui tahi rātou i konei, kia mihia, kia tangihia. Tino roa rawa tēnei kerēme, nā reira, i tērā wā i matemate mai ētahi. Nā reirā tēnei au e tangi atu ki a rātou. Ngā mate katoa kua pā ki a koutou, kua mauria ki rō Whare kia tū honohono me ā mātou mate, haere, okioki pai mai. Ērangi ko te mea nui, kua tae mai te kaupapa e whakahuihuitia tātou. He kaupapa ātaahua nā reira, nau mai i tēnei rā whakahirahira. Tēnā koutou, tēnā koutou, whakapiri mai.
[Firstly, welcome, Ngāti Manuhiri, Mook, Laly Haddon, and all of you who have arrived here, welcome, come closer. Welcome, bring forth your many deaths so that they may gather here together to be acknowledged and mourned over. This claim has been going on over a very long period of time and some have passed away. This is why I mourn them. To all the deaths affecting you that you have brought inside the House to link up with ours, depart, rest there well. But the most important thing is that the matter that assembled us here has arrived. It is an attractive matter, so welcome on this day of great significance. To you collectively, welcome, salutations, come closer.]
From the shores of Whangaparāoa in the south, Paepae o Tū in the north, from the western tides of Kōritotī, Ōtakamaitū through the currents of Te Awa o Hōteo flowing on to Kīkītangiao, Hauhanganui to the pā of Te Ārai o Tāhuhu. The children of Manuhiri, the people of Moekaraka waka. Ko Tamahunga te maunga, ko ngā Poitō-o-te-kupenga-o-Toi-te-huatahi i te moana, ko Ngāti Manuhiri te hapū, ko Ōmaha te marae.
[Tamahunga is the mountain, Poitō-o-te-kupenga-o-Toi-te-huatahi stretch across the sea, Ngāti Manuhiri is the subtribe, and Ōmaha is the courtyard.]
From the house of Te Kiri to the New Zealand House of Representatives, he hōnore māku kia mihi atu ki a Ngāti Manuhiri kua tae mai i tēnei rā, tēnā koutou [it is an honour for me to pay tribute to Ngāti Manuhiri, who have arrived here today, so well done].
It is an exciting time, times like this, when you can look out from the steps of Parliament on the beautiful Wellington morning that we have here and see kuia, koroua, and mokopuna heading into these buildings. When you see wheelchairs, walkers, prams—whatever—being wheeled into these buildings, when you see the sight that greets you on these mornings, then you know that the journey that these people are on has taken generations, has taken sacrifice and grievance, to reach us today.
Their journey has seen many loved ones pass on. Their journey has seen unimaginable economic and social losses, carved into generations of families. Their journey has seen great courage and conviction shown by generations of families. But by the end of this day, their journey will finally see justice for the people of Ngāti Manuhiri.
Early contact with European settlers led to epidemic disease, or rewharewha, decimating the families of Ngāti Manuhiri. Around 1840 Ngāti Manuhiri held customary mana whenua rights over 250,000 acres. Fifty years later, 90 percent of their land was gone, lost for ever. Today Ngāti Manuhiri landholdings total—remember, before, it was 250,000 acres—1,300 acres. That land is fragmented and multiple-owned. In 2012 Ngāti Manuhiri are all but landless in their own homelands.
The Crown’s alienation of Ngāti Manuhiri lands began soon after the Treaty of Waitangi was signed. The forced Mahurangi and Ōmaha purchase saw thousands of hectares lost. Crown policies saw those lands they were left with individualised, fragmented, and uneconomic. Laws were passed that overnight turned Ngāti Manuhiri descendants into trespassers on their own whenua. As dawn broke on 20 January 1896 police officers, artillery men, and Government officials landed on Te Hauturu-o-Toi Island and forcibly evicted the rangatira and the families of Ngāti Manuhiri.
The impacts arising from the Crown’s breaches of the Treaty of Waitangi have been carried over many years by generations of Ngāti Manuhiri people, tae noa ki te rōpū e huihui mai i te rā nei [including the group that is gathered here today].
Without the land and resources to take ownership of their own destiny, generations of Ngāti Manuhiri people’s rights, their right to determine their own economic and social well-being, were denied. This land loss, this landlessness, meant that the right of Ngāti Manuhiri to uphold their own mana motuhake, to exercise their own rangatiratanga, was denied.
As we stand together this morning, the Crown alongside Manuhiri, we look back through time and see this injustice, this suffering. All those things Ngāti Manuhiri families have lost, due to the actions of the Crown, can never be totally replaced. And yet the people of Ngāti Manuhiri are here today to settle their grievances with the Crown with mana and with honour. The people of Ngāti Manuhiri are looking ahead towards their future, and it is a bright one. It is a future that will focus on restoring the economic, environmental, social, and cultural health of ngā uri o Ngāti Manuhiri.
From this day on, Ngāti Manuhiri seek the right to take ownership of their destiny, their own destiny, to determine their own economic, social, and cultural well-being. With the support of the Crown, Ngāti Manuhiri seeks the right to uphold their own mana motuhake, to exercise their own rangatiratanga. To quote the Ngāti Manuhiri whakataukī that encapsulates their mana whenua mana moana bonds to their rohe: e whā tāwhara ki uta, he kiko tāmure ki tai. From the flowering kiekie on our lands, to the flesh of the snapper deep in our waters, our fortune, our future for ever.
Nā reira, tēnā koutou. He mihi whakamutunga māku ki a koutou i tēnei rā nui, kua tae ā-tinana mai koutou, harikoa te ngākau kia tū au ki te mihi ki a koutou i tēnei rā. Tēnā koutou, tēnā koutou, tēnā tātou.
[So congratulations. A closing comment from me to you who have arrived here personally on this great day is to say how pleased I am to rise and welcome you here today. Greetings, acknowledgments, and salutations to you and to us collectively.]
E koutou, e Laly, Mook, ngā mea pakeke, e mihi kau ana ki a koutou. E mihi kau ana ki tō kaunihera, Wayne, koutou katoa e whai kaha atu, e tae tahi i te rangi nei. E taukototia atu te mihimihi o tō tātou Minita Māori, te Hōnore Tākuta Pita Sharples ki a koutou. E mōhio atu tātou, te roaroa hoki me te mamae e mau ana a muri i a koutou, i te tae atu i te rangi nei.
He tino rangi hoki tēnei mō koutou o Ngāti Manuhiri. I tae kaha ake koutou ahakoa ngā piki, ngā heke mō te āhua o te moutere Hauturu, te ngahere, me te whakahoki o wētahi o ngā wāhi whenua ki a koutou. I te mea, i roto i a tātou katoa ngā kaimahi o te Whare Miere nei, e mōhio atu tātou te mamae o rātou kua rere atu, kua peka atu ki tērā taha. E mōhio atu tātou ahakoa nā wai, nō whea e tae atu katoa i tērā rere haere. E mihi kau ana ki a rātou.
Ēngari mō tātou kei te ora ana, ka nui te mihi. E mihi kau ana ki a koutou. Tēnā koutou mō tō kaha rawa i te tae ahakoa te kī i roto i a rātou o tauiwi mō te āhua o te piki me te heke. Ko tērā anō wētahi o ngā take e pā ana ki te ora o tātou a Ngāi Māori. Nā te kaha me te pai o te rangi nei i tae kaha ake koutou i roto i te hūmārie; pēnei tonu i te Whare nei, e whakaae atu kia oti pai mō koutou. Tēnā koutou.
[To you, the older ones, Laly and Mook, I salute you. I commend your counsel, Wayne, and all of you who worked hard to arrive here together today. I endorse the tributes to you by our Minister of Māori Affairs, the Hon Dr Pita Sharples. We all know as well how long it has taken, and the pain experienced by you afterwards right to this day.
This, indeed, is a momentous day for you, Ngāti Manuhiri. You have worked hard to get here despite the ups and downs relating to the situation over Little Barrier Island, the bush, and the return of some lands to you collectively. Because all of us have Beehive staff working amongst us, we know the hurt experienced by them when someone passes away or crosses over. We understand the situation, regardless of who it is or where they are from when they die. I really acknowledge them.
But as far as we, the living, are concerned, the respect is huge. I regard you highly. Congratulations to you on working so hard to get here despite the view within non-Māori about the ups and downs, as there are some extenuating circumstances that relate to our well-being within Māoridom. This day has been such a powerful and wonderful one, and you arrived here strongly in an affable frame of mind; I agree, like this House, that it ends well for you. Thank you.]
I would like to recognise the chief negotiator and kaumātua Laly Haddon and new negotiator Mook—Terence Hohneck. I have never known what Mook’s real name was, but it is Terence. Tēnā koe, Terence. Ka nui te mihi ki a koe, Terence. He tino mihi atu ki a koe, Terence, tēnā koe, ngā kaumātua katoa a Peri Watts, a koutou e tae tahi ake ki konei.
[Hi there, Terence. I admire you greatly, I really do. Thank you as well to the aged, all of you, Peri Watts, and everyone who arrived here together today.]
To a lot of those people who have gone on, the relevance of this claim, in my mind, is how short it has been. It is an example of an organised journey that other claimants could take sight of, really getting down to it in 2009. I want to commend the Minister for Treaty of Waitangi Negotiations, Christopher Finlayson, for his effort in this. He was a bit churlish yesterday, saying we had nothing in our time when he was reading his poetry off his list and badging us people. By crikey, I nearly stood up and took a point of order, but I want to recognise the Minister’s effort and recognise that period of time—short period of time, really—for Treaty settlements, from 2009 to now. I am not saying that there was not a heavy burden laid on the Manuhiri people by the actions of the Crown, the Native Land Court, and all other organisations that stripped them of physical assets and their physical being, but what I have never believed is that the Crown has taken any of our people’s mana away. That is always intact. That it gets recognised now in a framework of them making it understood that they are the mana whenua, they are the tangata whenua, is something that, certainly, Ngāti Manuhiri has done well, has espoused well, and has made certain that people understand who is there and who should not be and where they should be going.
I want to recognise Sir Douglas Graham, who is not here today, for the effort in the initial stages and some of his efforts on behalf of the Crown in trying to get this together. I think it should be mentioned: his effort for all of those groups—the Kaipara, Tāmaki-makau-rau, Hauraki, and Coromandel, including Ngāti Manuhiri—to enter into direct negotiations with the Crown to settle all their historical Treaty claims. Between July 2009 and March 2011 the Manuhiri Ōmaha Kaitiakitanga Ora Trust engaged in negotiations with the Crown for the settlement of all Ngāti Manuhiri historical Treaty claims. The initial deed of settlement was ratified by members of Ngāti Manuhiri and signed in May 2011. I want to again reiterate that this has been a quite organised, orderly, and short journey, even though it was about long-term angst and the anxiety that Ngāti Manuhiri carry.
The Ngāti Manuhiri claims relate to the failure of the Crown to create adequate reserves for Ngāti Manuhiri during the purchase of Mahurangi and Ōmaha in 1841. I am always amazed at the size of the buildings and the wealth that pervades that land in Ōmaha now. Native land laws, an operation of the Native Land Court—I think history will tell us that the Native Land Court and the orders that were made at that time were some of the most spurious and scurrilous decisions made with those people. There was not recognition of who they were and what they were, and it just chose, like a consolidated bureaucracy, what should happen and what the edict should be for going forward.
The Crown’s acquisition of Te Hauturu-o-Toi, Little Barrier Island—and this certainly has tested the waters, dare I mention it, in relation to this settlement. But I think it is a defined space and the agreement that the Crown has reached with Ngāti Manuhiri is something that can carry the future. There is allowance now, after the approach to the Māori Affairs Committee, about making sure that future generations can have some avenue or opportunity to continue to discuss the decision-making activities there. The Crown’s actions did leave Ngāti Manuhiri virtually landless. It had devastating and enduring effects on the spiritual, cultural, and economic well-being of Ngāti Manuhiri. The settlement package includes the Warkworth District Court and Pakiri School sites, which will be leased back to the Crown, which will generate consistent income to help Ngāti Manuhiri forge their pathway forward for those who are there. There is $2.49 million in cash plus interest payable on the $9 million since 2009, the South Mangawhai Crown forest licence lands and the accumulated rentals of around $1.2 million, and first right of refusal for 169 years over 82 Crown-owned properties specified in the deed of settlement.
This I wanted to labour a bit on through the Minister, excuse the pun. I think that a lot of these properties that are sitting there are getting graffitied, vandalised, or kicked around, and nobody seems to care. I cannot quite comprehend why we do not become more generous or more forthright, and it would take a visionary Minister for Treaty of Waitangi Negotiations to push this along. It would certainly be supported from this side of the House. That is what is happening. Empty schools are pillaged. Empty halls are left to rot. Then we all get so high and mighty. I think some of the officials are saying “It is land bank, it is land bank.” It is like Fort Knox. What the hang does “land bank” mean? It means that property is stuck over there to rot, to get vandalised. I would strongly suggest through you, Mr Speaker, that this great, brave Minister should take something to Cabinet, and we would support that. That really does help the local whānau and the local iwi. They have generally been the centre of those schools, of those properties.
I want to mention the council and those people who have supported this claim. There are a whole lot of other cultural redresses investing. But when I read this about 82 Crown-owned properties and giving 169 years, well, I will tell you what will happen if those properties sit there for 169 years. They will get pirau, they will fall over. Why is it not such a great thing to give to the mana whenua, because we took a lot of that land away? So, Minister, in closing I would ask you to seriously consider that.
I want to commend the chair of the Māori Affairs Committee, the Hon Tau Henare, for receiving and listening to the hundred submissions that we had on this bill. People have taken it seriously. Many submissions raised concerns for a whole lot of issues, but let us remember that this is about those people who live there; it is not about politicians who have a role to make the decision on behalf of the Crown. But at the end of the day, it is Ngāti Manuhiri who live there. It is Ngāti Manuhiri who will be there for ever. They have not gone away. They will never go away. Our job as the Crown is to put something right that has been wrong for a long, long time. Kia ora.
I hope those in the gallery do not mind, but I want to respond immediately to what Mr Horomia said, because he is quite right. The land bank system is under pressure, and I promise him I am on to it. It is pointless handing over properties after about 5 or 6 years that are, as he says, rotting away or have asbestos problems or graffiti problems. It is totally unacceptable and I will have a chat to him in the very near future, because, having seen the experience most recently of, I think, Waverley High School, the situation is most unsatisfactory, but I promise him I am on to it.
Like other members, I too welcome representatives of Ngāti Manuhiri here for this third reading debate of the Ngāti Manuhiri Claims Settlement Bill. I thank them for their tireless efforts. It is a great day for them and it is a great day for this Parliament, because what happens today is that Parliament gives effect to an agreement entered into between you, Ngāti Manuhiri, and the Crown for the settlement of historical claims. It has been a very long claim although, because of the good work, I think, on both sides, negotiations have gone very, very efficiently and effectively.
Ngāti Manuhiri and the Crown signed a deed of settlement on 20 May 2011 at Ōmaha Marae, near Leigh. As I recall, it was a beautiful Saturday morning, well attended by the Ngāti Manuhiri community, supported by representatives of Ngāti Wai, Ngāti Rehua, Ngāti Whātua, and other iwi, and a good representation of members from the Auckland Council, who are very keen to see this and other Treaty settlements in the Tāmaki area work well. Well, almost 18 months have passed since then, which may seem a long time to some people, but in the context of Treaty settlements, it is not that long at all, and we have now reached the stage where we are dealing with the third reading, the final reading of the bill.
As Mr Horomia has said, much of the credit goes to the Māori Affairs Committee. They have a wonderful chair in Tau Henare, one of my good parliamentary friends and colleagues, and he has really in the last couple of years taken the task of Treaty settlements under his wing and has done what I think is a superb job. As Mr Horomia said, he navigated—and the committee worked very hard on—the 100 or so submissions, and I really want to thank members for their work and for the consensus that was reached.
As other speakers have said, Ngāti Manuhiri are a people of the Mahurangi coast, a beautiful part of New Zealand. Actually, I was very lucky to be driving through it just last Saturday. Their area of interest extends along that coast and inland from Bream Tail in the north to Whangaparāoa in the south and includes Hauturu—Little Barrier Island. Today the Ngāti Manuhiri marae, Ōmaha, is the only tribal marae found on the east coast between the North Shore of Auckland and Whangarei Harbour, and, despite considerable pressures, not least being very high levels of land alienation, Ngāti Manuhiri have kept their fires burning. They are well known for their affiliation to the ocean-going iwi Ngāti Wai, and are indeed represented on the Ngāti Wai Trust Board. Being descendants of the tupuna Maki, Ngāti Manuhiri are also affiliated to the Te Kawerau peoples, and in particular they share descent with certain branches of Ngāti Whātua, Te Kawerau-a-Maki, and others.
Ngāti Manuhiri were identified by Sir Douglas Graham as one of the groups the Crown should enter negotiations with, in his June 2009 proposal to get negotiations going again in Tāmaki and neighbouring areas. Negotiations between the Crown and Ngāti Manuhiri commenced shortly thereafter and an agreement in principle was signed at Christmas 2009. The deed of settlement was signed, as I said, just a couple of months ago in 2011. The Ngāti Manuhiri community voted to ratify the settlement at 99.4 percent in support, and, frankly, it is difficult to conceive of a higher level of support than that, and I think that common purpose bodes well for the future of the iwi.
With the Ngāti Whātua o Ōrākei deed and bill, which will also be read today for a third time, this settlement is the first of the negotiations started by Sir Douglas to be concluded. He is not here today, but I too wanted to acknowledge the very good work of Sir Douglas and of my chief Crown negotiator, Mike Dreaver, and the officials in the Office of Treaty Settlements. I too acknowledge the work and commitment of the Ngāti Manuhiri negotiators. I did not know that Mook’s name was Terence, but I am delighted he is here today. He is a wonderful negotiator. He and the other negotiators brought a high level of principle, pragmatism, and very good sense to the table. Peri Watts acted as both kaumātua and negotiator, and, as Mr Horomia has said, critically driving negotiations from the Ngāti Manuhiri side has been that rangatira Laly Haddon.
I am sure that Mr Horomia recently referred to Laly Haddon as an “old warrior”. I do not know about the adjective, but warrior is certainly right. He has lived all his life at Pakiri, the Ngāti Manuhiri heartland, and he has had a reputation on the rugby field—which I am sure will appeal to you, Mr Deputy Speaker, not bringing you into the debate, of course—and he has been awarded a QSM for services to conservation in addition to his membership of the Auckland Conservation Board and chairmanship of the Hauraki Gulf Forum. He was a founding member on the management committee of New Zealand’s first marine reserve, the Cape Rodney reserve otherwise known as Goat Island. Mr Haddon has been a fearless advocate for Ngāti Wai through the years with his involvement with the Ngāti Wai Trust Board.
Redress to Ngāti Manuhiri through this bill, including redress relating to Te Hauturu-o-Toi, or Little Barrier Island Nature Reserve, can be said to reflect Mr Haddon’s commitment to tribal advocacy, to the environment, and to the righting of historical wrongs. The deed of settlement sets out the historical account. As it describes, the Crown went to extraordinary lengths to secure title to Te Hauturu-o-Toi from Ngāti Manuhiri and its other traditional owners of Ngāti Wai descent. A special Act, in fact, was passed, the Little Barrier Island Purchase Act 1894, which compulsorily acquired the shares of those owners who refused to sell. Then in 1896 the remaining owners, who included Ngāti Manuhiri, were forcibly evicted from the island. In addition to the Crown acknowledgment of, and apology for, these wrongs, Ngāti Manuhiri will retain ownership of 1.2 hectares of the island. This was a key aspiration of Ngāti Manuhiri. That small parcel will provide the community with an important foothold on the island including the ability to erect an appropriate building. The bill also makes provision for the co-governance of the island, particularly in the development of a conservation plan.
I want to say something briefly about clause 96A of the bill. It sets out that other groups can become involved in these provisions if other enactments provide for that. Importantly, through negotiations and in the gift and gift-back arrangement, Ngāti Manuhiri acknowledge the significance of Te-Hauturu-o-Toi to all New Zealanders as a nature reserve, and I want to acknowledge the generosity of Ngāti Manuhiri.
A number of concerns were raised before the Māori Affairs Committee by members of Ngāti Wai. I dealt with those in my second reading speech, but I do emphasise in this speech that the bill settles only the historical grievances of Ngāti Manuhiri. The claims of Ngāti Wai are not settled, nor does the redress provided to Ngāti Manuhiri convey exclusive mana whenua over the island to them. When Ngāti Wai enter settlement negotiations with the Crown through an appropriately mandated body, Ngāti Wai aspirations will, and can, be discussed.
This has been very much a model negotiation with hard work on both sides, and it really is a tribute to everyone that an agreement in principle was signed just before Christmas in 2009, and a deed of settlement in June 2011, and that we are at this stage in November 2012. So I want to thank Ngāti Manuhiri for their hard work, and wish them all the very best for the future.
Tēnā koe, Mr Speaker. Tēnā koutou e te Whare. Ā, ki a koutou e rau rangatira mā o Ngāti Manuhiri, nau mai, hara mai ki te Whare Pāremata e takatū nei mō tēnei rā whakahirahira. Āpiti hōno, tātai hōno, rātou te hunga mate ki a rātou, tātou te hunga ora ki a tātou, tēnā koutou, tēnā koutou, tēnā tātou katoa.
[Thank you, Mr Speaker. Salutations to the House. To you, the leaders of a hundredfold of Ngāti Manuhiri, welcome to Parliament House in readiness here for this highly important day, welcome. Draw together, come together. They, the dead, draw together and we, the living, come together, greetings, acknowledgments, and salutations to us all.]
I am delighted to be able to speak at this final reading of the Ngāti Manuhiri Claims Settlement Bill. Labour members, as we have all along, wholeheartedly support this bill at this third reading. Genealogy is the key that unlocks the history of these iwi that come before our House and our Māori Affairs Committee. Today I reacknowledge my tupuna Maki of Taranaki and Kāwhia, Maki of Te Tai Hauāuru, who with his confederates travelled from Kāwhia through to the Hokianga and back down into the Waitakere and Tāmaki areas. As my ancestor chased his foe, a chief of the Kaipara made disparaging remarks about Maki. As was usual, word got back to Maki, and in the relentless and unforgiving nature of Māori warfare Maki was particularly harsh on the people of Kaipara.
But there was more to Māori warfare than out and out slaughter of the enemy. Sometimes a battle would not reach its conclusion because of the sudden withdrawal of support. More often than not a peace deal would be made and the politics of peace talks was begun. But these talks were more than just a way to stop bloodshed. It was an opportunity for chiefs to make political and strategic alliances. Often these pacts between chiefs and tribes were sealed with gifts of mere pounamu, waka, slaves, or, in Maki’s case, wives. It is a wise man who gives up his daughter to stop further bloodshed, as it was in those times. It will not go down well with the feminists of today, but this was the reality of our tūpuna. The reason was simple: give my daughter as wife to a victorious chief, and my grandchildren will be of the rangatira lines of both tribes, and so, therefore, it is less likely that old tribal feuds will be reignited.
But time marches on inexorably and without prejudice. The whānau and hapū groupings swelled in number to the point that by the time the Treaty of Waitangi came about in 1840 those small family groupings had turned into large iwi. So with each passing generation bros became cuzzies, and the degree of relationship diminished to the point where a new set of rules was applied by the participants. In 1840 Pākehā became a new formula in this equation. This man Maki—what a tupuna! Descendants can be found on the west coast of the North Island from as far south as Pātea to Kāwhia, through to Tāmaki and up to the Hokianga. His name can be found in the word “Tāmaki”—Tā-maki. The tribe Te Kawerau-a-Maki are his descendants, as are the people of Ngāti Manuhiri and some of Ngāti Wai.
This settlement bill has been a long time in the making. Many hui, over decades, have been held. Strong and vociferous kōrero have been put forward in establishing hapū and iwi authority. More sadly, people have passed on, and all of that stems from whakapapa. For me, Te Hauturu-o-Toi, Little Barrier Island, is of particular significance. Concerns were raised by Ngāti Wai that Ngāti Manuhiri would receive the island back in some form or another. They too have whakapapa links to the island, and quite rightly made that clear in the many oral and written submissions made by the descendants of Ngāti Wai. After thorough investigation our committee has left an opportunity for Ngāti Wai to stake their claim to mana and a shared interest in Little Barrier Island.
Our committee was aware of concerns also over allegations of possible conflicts of interest with regard to certain people and organisations of Ngāti Wai and Ngāti Manuhiri. Both tribes sent the same legal teams and some people ended up on both representative boards, it was claimed. But that is not nepotism; that is whakapapa. The reason these kaumātua and kuia puta noa te motu, up and down the country, stand on one trust board and stand on another board is because of their genealogy. Our old people who lead the way for us younger ones do so from the safety and security of their whakapapa. Their families are likely to be of rangatira lines. It is like the way of our old people, because to be able to recite your relationship to the people you are about to do politics with is very advantageous—a great leverage when negotiating. The close links between Ngāti Manuhiri and Ngāti Wai have been acknowledged. This committee has no reservations about conflicts of interest, and the dual roles have been made plain to the community concerned.
The cultural and financial redress in this bill is significant, but it is never enough—not just for Ngāti Manuhiri but for all hapū and iwi up and down the country. There will never be enough money for redress and there will never be enough land and buildings to be given back. Iwi have to make do with what is on offer. No doubt Ngāti Manuhiri’s post-settlement entity will look to invest well. They have a number of properties and reserves coming back into their ownership, old tūpuna names will be revived, and a new generation of Ngāti Manuhiri will start.
But can I make one point. I have noticed in my time on the Māori Affairs Committee this practice or trend of gifting back significant lakes, mountains, and islands with a clause that says it is for only a day or a week before the tribe magnanimously gifts it back to the nation. Minister Finlayson will be aware that 1840 to 2012 is 169 years. Why not give the island back to its iwi for 169 years, and then let the people and the Government of 2171 sort out their continuing Treaty relationship? I know, Minister for Treaty of Waitangi Negotiations, that you will think that is a totally ridiculous situation, with your high “EQ”—emotional intelligence. “It can never happen!”, I know, is what will be screaming in your head, but I tell you, Minister, that there is no real mana in holding your long-lost taonga tuku iho land for a day, or a few days, or a week, before being forced to give it back to the people of New Zealand.
That little mamae aside, I am proud to be a member of the formidable Māori Affairs Committee, which is more than ably chaired by my Ngāti Hine whanaunga, the Hon Tau Henare. His guiding hand from the chair over what has been a very robust grouping has been very, very Speaker-like, so I mihi to my whanaunga. But I also implore him not to make any offhand remarks about smoking on this day, because I guarantee you it will be those remarks about his smoking habit or something that is totally frivolous that will end up in the New Zealand Herald, or in the blogosphere and in the media, and not the very, very important hui that we have here today. So that is another kōrero I would like to pass on to the media. These are great days, these Treaty settlement days. These are highly significant, highly historic occasions, and they should be widely reported to all the people of New Zealand.
So just in conclusion, I would like to acknowledge all the many people from both sides who were involved in this settlement process. I would like to acknowledge the Minister and all of his officials, but, more important, I would like to mihi to all the whānau of Ngāti Manuhiri. It has been a very long journey, but this is a hugely significant occasion. So to all my distant relations, I wish you all the very best in the future. Kia ora anō tātou.
Tēnā koe, Mr Speaker. Tēnā koutou katoa e te Whare. Te manuhiri tuārangi, ngā kaumātua, ngā rangatira, ngā uri o Ngāti Manuhiri me Ngāti Wai, tēnā koutou katoa, nau mai, haere mai.
[Thank you, Mr Speaker. Salutations to you all, the House. Welcome to you, visitors from afar, elders, leaders, and descendants of Ngāti Manuhiri and Ngāti Wai, acknowledgments and welcome to you all.]
The Green Party believes that Te Tiriti o Waitangi is a positive force for social cohesion and for peace in Aotearoa New Zealand. Whether it has been expressed from family to whānau, whether it is in the use of te Tiriti for the retention of land or forestry—or perhaps, in the near future, State-owned assets—te Tiriti has been a force for good in this country, and can continue to be so. We agree that there must be resolution of, and restitution for, all of the outstanding historical and contemporary breaches of te Tiriti as they occur.
We also believe that the Crown and its representatives have breached, and continue to breach, Te Tiriti o Waitangi. We believe that the settlement process operates as a continued breach of Te Tiriti o Waitangi. We believe that Te Tiriti o Waitangi supports hapūtanga, and hapūtanga is undermined by this Treaty settlement process. None the less, Te Tiriti o Waitangi itself is a force for good. However, the full capacity for te Tiriti to be used as a force for social good, and to be used to bring our communities and our whānau together, cannot be reached until there is a genuine restitution for the wrongs that were committed by the State against hapū, and that requires genuine respect for rangatiratanga, it requires the restoration of decision-making authority, and it requires justice for the past and a commitment to justice in the future.
The difficulty that the Green Party has with the settlement process—and we have always had this problem with the settlement process—is that it was not designed by Māori for Māori. It was not designed according to the rangatiratanga of iwi and hapū. It was designed according to the needs of the Crown, which was looking to find as cheap and quick a way as possible to manage increasing Māori claims in the Waitangi Tribunal. The “picking winners” process that the settlement process creates causes another form of harm against iwi and hapū.
In the past the Green Party has tended to support Treaty settlements, because we believe we need to acknowledge and respect the work that kaumātua and rangatira put into the settlements. But we have to treat each one on its merits. On this one, we have agreed to continue to abstain on this Treaty settlement. We do not believe that this settlement is just. We do think it creates a very disturbing precedent for the use of legislation to make pointless gestures. [Interruption] That has been noticed and identified by my colleagues. Yes, well, the Minister and others in the House might groan, but this is not a rubber-stamping process. We have to make sure that genuine justice is identified here, and it is not. There is not genuine justice in this settlement, in our view.
We believe that this settlement deliberately creates a split between Ngāti Manuhiri and Ngāti Wai. This is an issue of great alarm, although it has happened in the past through Treaty settlements. I do want to acknowledge the harm that this settlement causes to many of the uri of Ngāti Wai, whichever position they come from on this settlement. There were serious issues of conflict of interest raised during our investigation in the Māori Affairs Committee of this settlement, and that has been touched on again this morning. We do not agree that those issues were satisfied. We have raised those issues at the select committee, and we have reported back to the House at the second reading on our view of those issues. I do not believe we need to traverse them again.
The settlement today, which we are discussing, says that Hauturu is to be returned to Ngāti Manuhiri for 7 days in fee simple title, and then returned to Crown ownership but for a small proportion that is set aside. We know that the Ngāti Manuhiri Claims Settlement Bill has been amended to state that its provisions do not prevent future settlements from providing co-governance arrangements over Hauturu to other iwi in the future. But this change is not sufficient to alter our vote. The Crown being able to take a piece of land that was wrongfully taken in the first place, give it back under legislation for a couple of days, and then take it back again so that it can give it to somebody else and then take it back again, is not restoration of justice. It is not. That is why we are not supporting this bill.
The precedents that this legislation sets in this deal are unacceptable. It is a Clayton’s return. It does nothing to restore to Ngāti Manuhiri genuine justice for the wrongs that were committed against them. It might have been accepted as part of the settlement deal, because of the circumstances that the iwi find themselves in today, but the Green Party does not accept it as genuine justice. We take this decision to abstain very seriously. We will not rubber-stamp settlements. We do not believe that these settlements can possibly be considered full and final—and certainly not this one. We understand them as deals that are done today according to today’s constraints, and the issues will no doubt be revisited again in the future.
I do not doubt that the Minister will take some pride in this settlement, as he does in others, but he ought not to mistake respect from Māori for his position for acquiescence or even acceptance that this is a just process. The Crown has given nothing of itself in this settlement deal. It has not made restitution. It has not restored the wrongs it has committed. In fact, the Crown has, by picking some over others, created even further division and harm for Ngāti Manuhiri and Ngāti Wai. In our view, the Crown has committed an additional breach of Te Tiriti o Waitangi. The Green Party believes that it is important that we stand and name these Crown breaches as they occur.
Finally, we do want to acknowledge all of the work and hardship of Ngāti Manuhiri and Ngāti Wai that have led to this point in their struggle for genuine tino rangatiratanga, and we will continue to support them in that struggle. Tēnā koutou katoa.
Te mea tuatahi, anei taku mihimihi ki a koutou katoa, e aku rangatira, e aku tuākana. Nō reira, ngā mihi. He hōnore māku e tū ana au ki te tautoko i tēnei pire i mua i a koutou. Nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.
[In the first instance, here is my tribute to you all, my leaders and elder siblings. It is an honour for me to stand before you to endorse this bill. And so, salutations, acknowledgments, and congratulations to you all.]
Can I start at the end, where Metiria Turei left off. I happen to agree with her that it is not a rubber-stamping issue. I do not think the Māori Affairs Committee takes it as such, as a rubber-stamping issue. We certainly, in every case, try to weed out the issues that are controversial and see whether we can assist on the way. I think that even in this settlement bill, the Ngāti Manuhiri Claims Settlement Bill, we did that. We recommended that there be a change to take note of some of the concerns that submitters had. I am happy to say that the Minister for Treaty of Waitangi Negotiations and Ngāti Manuhiri found a way that they could reflect the committee’s desire to have one part of the bill changed. I think that was a good thing.
I have also got to say that we can stand here and say “Oh, one side was bullied; one side was coerced.”, but at the end of the day this is an agreement between the Crown and somebody else—an iwi. And at the end of the day it is their right to say yes and their right to say no. They could have easily said “Nah, I’m not going to buy into this. This is a horrible deal. Let’s wait for another 150 years. We might get another $9 million in 150 years.” It is that sort of issue. Either you—not you, Mr Speaker, but the generic use of the word “you”—wait or you deal with it now so you can get on with the business. I think that Māori have shown a hell of a lot of patience over the years with the process. I think what we are seeing now is people deciding “We are not going to wait any more; we are going to take what has been offered and we will try to make the best position for our people.” I congratulate Ngāti Manuhiri on that.
Earlier this morning in the Gaza Strip, the Israelis took the opportunity to clean out one of the military commanders of the Palestinian Hamas people. This is not the same as up in Ngāti Manuhiri, but what I am trying to say is that if we continue to harbour ill feeling for thousands of years, then we are not going to get anywhere, and the only thing we are going to get is death and destruction. So I say not only to Ngāti Manuhiri but to those to come and those who have been before that it is a good day when we are able to sit down, agree, and move on to the next step. I see these settlements as being not only the honourable thing to do but the next step on the country’s journey.
I think people will be pleasantly surprised by the Māori Affairs Committee’s report on the well-being of Māori children, because that is what we are looking at. We are looking at the future and what the future may hold for Māori children and for Māori as a part of this country. This is what the Treaty settlements are. They are a movement to the next level, to the next step.
Congratulations must go to the folk at home, to the Ministers, and to the team at the Office of Treaty Settlements, as a, I suppose, working model. I have said it in the House before. We should as a nation be very proud of the reconciliation process that we have come up with—very proud of it. In fact, we should export it to a number of other countries. I know that it might sound arrogant, but we do have a history of being able to sit down, without bashing each other on the head, to try to figure out a deal that is good for everybody.
Everybody who speaks in this House and who has spoken in this House has said that it is not the best deal ever. We are never ever going to get that. The acceptance that there is a stage that you move to, to the next level, for the benefit of your own people is, I think, paramount in all of these settlements. So, again, hats off to the negotiating team, and I must say hats off to the Māori Affairs Committee. It is one of the committees that I, personally, have enjoyed most being on while being here. We ask the hard questions, we do try to drill deep into some of these settlements, especially the “interesting” ones, and we do get results. I have to congratulate our committee on being a committee that does not hold back in terms of its questions and in terms of where it wants to go.
So, all in all, this is a very, very good day for Ngāti Manuhiri, and a very, very good day for the Government. Another Treaty settlement is done and dusted by our erstwhile Minister for Treaty of Waitangi Negotiations. He can clock it up. He can put another notch in his belt, and I think it is well deserved. I think that praise for this Government about, one, the number of Treaty settlements and, two, the speed with which these settlements have been settled and put to bed has been absolutely outstanding. I think it is a good day for Ngāti Manuhiri, a good day for the Government, and a good day for the nation. Kia ora.
E ngā mātua, e ngā kāranga maha me ngā hoa, tēnā koutou, tēnā koutou, tēnā koutou katoa.
[To the fathers, many callings, and colleagues, greetings, salutations, and acknowledgments to you all.]
It is high time a discordant note was introduced into this debate. We have been through the introduction, first reading, and Committee stage and a full examination of the Ngāti Manuhiri Claims Settlement Bill. Some people’s reputations have been maligned and impugned, and I am here today to defend them. I recall when Ngāti Wai was under attack back in the 1970s from both the Crown and the Whangarei County Council. I want to know where some of these critics were back then when we needed help, when we turned things round.
You see, it is said that this bill is a breach of the Treaty of Waitangi, and that certain so-called claimants’ claims are more meritorious than claims from those who have been around for a long time defending these issues. This is what these claimants took to the Waitangi Tribunal, you will recall, and they said that Ngāti Wai, if they dealt with the Crown that way, would be involved in significant irreversible prejudice. They said that Ngāti Wai were not consulted, that the chairperson of the Ngāti Wai Trust Board and the Ngāti Manuhiri negotiator and trustee of the Manuhiri Ōmaha Kaitiakitanga Ora Trust were the same, that the chairperson of the Manuhiri Ōmaha Kaitiakitanga Ora Trust and the Ngāti Manuhiri negotiator was a marae representative on the Ngāti Wai Trust Board and moved the motion for the board to support the Ngāti Manuhiri settlement, and that the legal adviser to the Ngāti Wai Trust Board was the same adviser to the Manuhiri Ōmaha Kaitiakitanga Ora Trust and the Ngāti Manuhiri negotiations. Those claims have been maintained on marae, at the Māori Affairs Committee, and on, regardless of the fact that the Waitangi Tribunal found no merit in them at all.
Here is the fact of the matter. The facts of the matter are that the Ngāti Wai Trust Board endorsed Manuhiri proceedings with their settlement as part of the Tāmaki Makaurau settlement of the Auckland isthmus. That is No. 1. And there is no integrity in coming before this House with ignorance, supporting certain groups whose reputations I remember. For example, look at my people up there. Let me ask you this: Hōrī Pārata—how much land does Hōrī Pārata keep at Pātaua? Not one inch. But I hear people telling the Green Party something else, and those members fall for it. It is a slight on Ngāti Wai, from the south to the north.
Here are the facts. The resolution referred to in Part 1, that is the resolution I am talking about. It is a resolution that says that the Ngāti Wai Trust Board does not support any settlement that extinguishes any iwi rights, interests, or redress to the islands within the Ngāti Wai rohe. That was the resolution and it still stands. So why would the Greens come here today, as they have in the past, and put up there all manner of people with no understanding at all of Ngāti Wai or our history, as though they know more than the people who have slaved away for decades to see this right? I do not come here with any joy, but I am not going to stand by while people get defamed and maligned. The settlement deed specifically states that settlement with Manuhiri does not impinge upon any claims the Ngāti Wai Trust Board has. The Minister for Treaty of Waitangi Negotiations has said that, so has the Waitangi Tribunal. But, no, those members came down to the House and spread malice aforethought—to use a legal term.
We know about the land that is in the exclusive control of Ngāti Manuhiri. It is 1.2 hectares. But in respect of the conflict of interest, I suggest that the Green Party considers the minute from the Waitangi Tribunal, which was asked to consider the conflict of interest issue. It went on to say this. This is the key finding from the Waitangi Tribunal: “Taken in conjunction with the Minister’s assurances that the door is open for further redress to be negotiated with Ngāti Wai I have come to the view”—this is Judge Milroy, on behalf of the Waitangi Tribunal—“that there is no significant and irreversible prejudice to the applicants. Ngāti Wai are recognised to some degree in the Deed. Redress that recognises shared manawhenua is still available to the applicants.”
Those are the facts. Do you want me to read it again? No, no, but this is to do with the law, not prejudice and bias or picking up the view of a few troublemakers who came before me and told me “We represent Ngāti Wai.” Well, that was a big surprise to me, because I have been around a long time, since we started the Ngāti Wai Land Retention Committee to take on the Crown and the Whangarei County Council. We had 16 years of court case after court case, and finally almost won the whole lot. I remember some of those ones, though. They did not pay me. I am still waiting for my legal fees. And to have people come to this House and defame my family or Laly Haddon and people of that standing—well, those are the things up with which we in New Zealand First will not put.
💬 Hon Christopher Finlayson: Don’t hold your breath for an apology.
Well, I am asking for an apology. My brother has been the solicitor for the trust board for a long time, and the board was well aware of his involvement with Manuhiri and his assisting of them with their negotiations, although, in effect, his role was primarily involved in advising on structures around receiving the settlement assets, as opposed to deciding what the form of the settlement should be. However, I do not suppose the Greens want to have that story spoiled by facts. But an apology is deserved here.
The second thing is that people have served their area studiously and with barely any compensation—go and look at Ngāti Wai Trust Board’s record of remuneration to the people who have worked for it. It is a standout model of putting the iwi before self. Look at the record. We will not stand by while somebody who does not understand, or a political party that should know better but does not, comes down here and defames and maligns us, because whatever our record is in Ngāti Wai, to use that old quote—and I suppose it goes for my party as well as against that of some parties—not like the seagull tossing and turning its head at every wave, but like the rock steadfast against the surging sea. Thank you.
Tēnā koe e te Mana Whakawā. Tēnā koe e te Whare. Tēnā koutou ngā iwi rangatira Ngāti Manuhiri, tēnā koutou, tēnā koutou, tēnā koutou katoa. Nō Kotarangi aku tūpuna ēngari, i tipu ake ahau i Tāmaki-makau-rau. Kei te noho au ki Karapiro. Ko Maungatautari te maunga. Ko Waikato te awa. Ko Louise Upston ahau, te mema Pāremata mō Taupō.
[Thank you, Mr Speaker. Greetings to you, the House. Acknowledgments to you, the esteemed tribe of Ngāti Manuhiri. Salutations, greetings, and congratulations to you all. My ancestors are from Scotland but I grew up in Auckland. I live in Karapiro. The mountain is Maungatautari, the river is Waikato, and I am Louise Upston, member of Parliament for Taupō.]
Welcome, welcome, welcome, and congratulations on this momentous occasion. I echo the words of my colleagues bar one in the celebration that we have here for you today, so welcome to Parliament. This is a day that I know your people will remember for ever.
This is another day in this Parliament where, under the very wise and strong leadership of Minister Finlayson, we are able to conclude Treaty of Waitangi negotiations. For some, I know, when the purchase of the land was done in 1841, without any consideration or reference to you, that is where the hurt started, back in 1841. So we stand in this Parliament in the year 2012 to conclude, to correct, and to make amends for that.
I do want to just echo some of the comments that my colleagues have made around the people who have made this possible. I do want to acknowledge Sir Douglas Graham, because I think to have started a conversation in 2009 and to be here, what, some 3½ years later for the third reading of a bill, is definitely the shortest time frame I have witnessed. I think, more important, it also provides some confidence. It provides some guidance for those who are following in your footsteps who have yet to settle. I think that you, as the people of Ngāti Manuhiri, have really set a magnificent example, when two parties are willing and able, of how well, how efficiently, and how in a short time frame you can conclude an agreement, and it is that.
I do want to take just a very brief moment to say that I am sorry that this day is marred, and it will not be a unanimous vote in the House for support for this Ngāti Manuhiri Claims Settlement Bill. I am deeply saddened by that. It is the first time I have seen it since my time in Parliament. I believe the two parties in this agreement have reached an agreement. We would not be here today otherwise, if you had not. I want to just put on record my frustration with the Green Party in marring this day for this House, and for you.
One of the things that is really important in the conclusion of Treaty settlements—of which we have now done 22—is the ability to put the past behind us. But, equally, I know that that past will never be forgotten. One of the things that has been very evident to me in my time as a member of Parliament is how some people have a poor understanding of the history that leads to these settlements. To use a phrase from one of my select committee colleagues, on a bill a couple of weeks ago, he spoke about “ignorant Pākehā”. At the time I was a bit offended, but, actually, I think on reflection it is quite accurate. There are a lot of Pākehā New Zealanders who do not understand your past, do not understand why we have these settlements, and do not understand the hurt that has been caused. I think, equally, it is every one of us in this House who has a responsibility to make sure that more New Zealanders understand how important the Treaty settlements are for all of us, and for you particularly today, but, actually, to all of us as New Zealanders.
I want to just also reflect on the select committee process, because there were a large number of submissions on this as a Treaty bill. I acknowledge the chair of the Māori Affairs Committee, the Hon Tau Henare, for navigating that process as well as he did. It is also fair to say that there were opposing views, which is what happens when you have a submission process. The fact that there clearly was some tension is, I think, also to be acknowledged, because that has an impact on the community. In my own electorate of Taupō we have a settlement that is under way at the moment where there is, or there has been, a lot of friction in the community, and it is good to be able to say: “This is settled. There is agreement, and we can move forward together.”
I do not want to go through the details of the settlement, because they have been covered in some detail, but I want to come back to the comment I made about the fact that there is often a lack of understanding about what the settlement means. Some people fix on the financial redress alone. Although we have seen with the settlements in the 1990s just how beneficial that is, actually, it is often the cultural redress that is far more important to the people of the land.
I particularly want to acknowledge that I believe in your care. You have some of the most beautiful and spectacular coastlands in New Zealand. The role that you have played for many years in the Hauraki Gulf and in the protection of some very, very important parts of New Zealand also needs to be acknowledged. Often when we have these conversations, some people in the community think that when an island is part of a settlement, all of a sudden they will not get access. So of course with Little Barrier Island it is acknowledged that the access arrangements that are already in place will continue.
I do just want to say that this is a day we should be celebrating. This is a day that we all have a responsibility to share with our communities. This is another successful Treaty settlement, and we should be celebrating why it is important, and why it is important for each and every one of us. Congratulations. I am delighted that so many of you are here to share this day. I shall definitely share it with my family when I get home, because I think it is an important part of all of our history. Nō reira.
Tēnā koe e te Kaihautū o te Whare. Ā kāti, kia tukua e ahau he mihi ki ēnei huanga ōku o roto i Te Tai Tokerau, ngā uri a te waka e meinga nei, ko Moekakara, e kiia ai ōku mātua he waka urutā. I tau mai ai ki roto i te whanga i Whangaparāoa, nā i whātorotoro haere ki roto i te awa e meinga nei ko Whangateau. Te take i huangia ai ko Whangateau, he kaha rawa nō te au e hari ana i ngā waka ki ngā tauranga, whakahoki mai ai ki uta, tēnā koutou, tēnā koutou. Tēnā koutou i roto i tēnei kaupapa i whakahuihuinga ai tātou ki konei kia whakawhiwhingia ai he pānga whenua whakahokingia ai, ēngari kia whakapūmautia ai te ingoa me te mana tupuna o Ngāti Manuhiri, ngā uri a Tenetahi, ngā uri a Rāhui, ngā uri a Te Kiri, tēnā koutou, tēnā koutou, tēnā koutou katoa.
[Thank you, Mr Speaker of the House. Well, then, allow me to acknowledge these relatives of mine from within Northland, descendants of the canoe referred to as Moekakara, which my parents said was a pest of a canoe. It landed in the Whangaparāoa harbour, and reconnoitred about this river called Whangateau. The reason it was given that name was because of a strong current that would take canoes out to the fishing grounds and bring them back to shore, so greetings and salutations to you collectively. Acknowledgments to you in respect of this matter that has assembled us here not only to receive land interests and returns but also to make permanent the name and ancestral powers of Ngāti Manuhiri descendants of Tenetahi, Rāhui, and Te Kiri. And so congratulations, good tidings, and well done to you all.]
I stand to give unfettered support to the passage of this bill, the Ngāti Manuhiri Claims Settlement Bill. I want to acknowledge that in this particular area of Aotearoa, from Warkworth, Northumberland, one of the early Pākehā colonists, Brown, came out of Tasmania, he befriended the Ngāti Whātua hapū leader Te Hemara Tauhia, and alienation began. There was also a group of Māori living in this area under the leadership of Te Kiri, located in an area nowadays so populated by extraordinarily affluent Aucklanders that it has become the recreational playground of our Auckland fellow citizens. But know this: in that part of New Zealand, there was always a very strong group of Māori communities.
In the early colonial times, two names loom large from those communities. One was the ancestor Te Kiri and the other was the daughter Rāhui Te Kī, who became known as Rāhui Tenetahi. If my memory serves me correctly, Tenetahi was from Ngāti Taka, Ngāti Wai, and Ngāpuhi. They eventually went to Te Hauturu-o-Toi. They went there to defend that island. That island was the site of one of the most extraordinary Māori Land Court battles that took place in the north.
An initial grant was made to Te Hemara Tauhia, and those of us who understand colonial history between our chiefs and the Pākehā at the time would know of Tauhia. As a consequence of the strength of the formidable kuia Rāhui Te Kī, she refused to bow down to the Crown. She, unfortunately, struck the strength of the ornithological bird society of, if my memory serves me correctly, the Auckland Museum, which determined that the stitchbird on Te Hauturu-o-Toi deserved protection. To do that, forcibly from that island had to be removed Rāhui Te Kī. Her tāne, Tenetahi, had a schooner, so he was up and down the coast. Along with seven, eight, nine, or 10 kids, one of whom I recall being called Ngapeka, they sought to defend rights. Eventually the Māori Land Court found that Rahui and her tāne had ownership rights. They were forcibly moved to Narrow Neck, Devonport—a piece of land that is also somewhat controversial—with the promise that their stock and provisions would eventually be returned to them. They never were, until Tenetahi snuck back and took what he could, and that was the sad history of these people being forcibly taken off Te Hauturu-o-Toi.
Their marae commemorates the name of the tupuna Te Kiri, so for anyone in this House, whether they are from the Green Party or my party, to say that these people have no rights to that area or lack authority to have entered into a settlement is reflective of the growing level of ignorance, unfortunately fed by great rhetoric. These people are entitled to stand and receive a settlement. It may be wise or unwise that they receive this particular settlement, but that is their choice. That is the choice they make with the Crown. So we salute the decision that is made today. These are never easy decisions, but they are in an area where there is tremendous pressure from the expansion of Auckland. There is commercial pressure as a consequence of the recreational value of that part of the coastline, and they need as much support and endorsement from Māori members of Parliament as possible, certainly on this day.
It might be said that it is fair game to have a crack at Māori lawyers. Well, it is not. The Māori lawyer Wayne Peters is our member on the All Black board of governance, looking after Māori All Black interests. We have in the audience in the gallery today a former Māori All Black, Laly Haddon. Auē, if he were on the field last night, our Māori team might not have lost to the Irish. Auē, if only he had he been on the field last night.
We should acknowledge the presence of Laly Haddon, one of the direct descendants of those tūpuna, and join with Ngāti Manuhiri, despite the difficulties of shepherding through settlements in the broader Tāmaki-makau-rau area. They have decided to make a call and plunge their pouwhenua into that coastline, so that modern New Zealanders and future New Zealanders will know that this is not Pākehā land alone. This is customary, ancestral land, the uri of Te Kiri, the people of Ngāti Manuhiri, and with their broader whānau out of Ngāti Wai. That is the historical fact of the matter, irrespective of lazy rhetoric and chirping voices that have, unfortunately, blighted the latter end of this settlement day. Kia kaha ki a koutou. Ēhara tēnei i te mahi māmā.
[So get stuck in. This is not an easy task.]
I have no idea whether the stitchbird, otherwise known as the hihi, has prospered on Te Hauturu-o-Toi. I have no particular animosity to that feature of the green kingdom; others I do, but not the hihi, or stitchbird. Kia manawa nui, kia manawa roa. Ēhara tēnei i te rangi noa iho nei ki a koe kara Laly. Me tō mātou mōhio ahakoa tō mārō, pakari o tō tinana i a koe i te papa whutupōro, kua hīroki haere ai koe. Kia tau ngā manaakitanga ki runga i a koe.
[Be big-hearted and generous. This is not just an ordinary day for you, colleague Laly. We know that your body was tough and sturdy on the football field, but you have become emaciated. May kindness prevail over you.]
As I said, we realise that a man formerly known as the “Black Tracker”, who graced the fields of North Auckland rugby and in the early 1960s became a Māori All Black, leads your whānau, the marae, and that part of our community with pride. I saw the impact you had on my tuakana when he owned the Leigh Hotel—Teddy Jones. He has never been quite the same.
This should not be a day where we go back and rakuraku, and rake over what could have been. This is a day, a relatively simple day, when we, as Māori MPs, stand with you because you have made a difficult decision, but at the end of the day you came to a point with this very good Minister for Treaty of Waitangi Negotiations. Naturally, we hope that his good will become great when he meets the taniwhas of Ngāpuhi, but that is another matter.
Kia manawa nui, kia manawa roa.
[Be big-hearted and generous.]
I look forward to driving back up to Muriwhenua one day and seeing you restore the name of Warkworth to its proper Māori name. What that name might be is my question to you. Tēnā koutou. Kia ora tātou katoa.
It is my pleasure to take a call on this settlement bill, the Ngāti Manuhiri Claims Settlement Bill, today. This bill marks the end of a long journey for the Ngāti Manuhiri people—grievances that have spanned over 170 years. This redress is certainly well overdue. I would like to acknowledge those who are here today and who have not made it here today, who have worked long and hard to get to this settlement today. I would also like to acknowledge those who are no longer with you, who have shown leadership, commitment, and dedication to ensure that we can settle today.
I would also like to acknowledge the Minister Chris Finlayson, who has been committed to ensuring that we get these settlements in a speedy process so we are not waiting years and years. I would also like to acknowledge the chair of the Māori Affairs Committee, Tau Henare, who has been extremely committed in ensuring that these bills come back into the House as speedily as they possibly can. This bill had over 100 submitters, which is a pretty huge number of submitters on a Treaty bill, and he managed that process very professionally and in a very swift manner, which has seen this bill return very quickly back into the House for the third reading.
I wish we could turn back the clock—I really do. We cannot change what has happened, but we can move forward, and I think it is important that we understand that you have been very gracious in allowing us to settle the way we have today.
Whenever I do these Treaty bills, I always talk to my children the morning of the day of the settlement, and I tell them the story of the iwi and the people and your journey, and I tell them what has happened. And with this bill I spoke to them this morning about how the Government, the Crown, came and took land without consent and without acknowledgment, and I told them how we also changed legislation so it was very hard to get that land back. I put it into the here and the now for them, and I said: “How would you feel if the Crown came along now and said it wanted your land, and it didn’t even tell us about it or didn’t even offer us anything for it, and then we couldn’t get it back?”. They were totally appalled that that could even happen, but they were more appalled when I said that you have waited a long time for this. You have waited over 100 years. We have been on our land for 15 years. They could not believe that it could happen—with their connection to our land, where we live, where we have brought them up, where they have their roots, they could not believe that the Crown could do that to somebody.
I think it is important that we share these stories and we make them real in the here and the now. I look up in the gallery and I see one young youth who has his eyes shut for the time being, having a bit of a rest. But I think it is important that we bring youth to these settlements and we talk about them, because we are making stories and tales and history, and we need people to be able to go and talk about these in 80 years’ time. We need to say that this is what happened in the settlement process, these are what the issues were, and this is what the discussion was about. I think it is important that we share that with the next generation, because, to me, settlements are about the next generation, and I think the Crown does have to apologise for the grievances—and they were vast—against your people.
We do have to settle with commercial redress. That is really important. But settlements are about your future generations. It is about giving them aspiration and opportunities, and it is about understanding where we have gone. It is about being content and gracious about where we are at, and moving forward—moving forward for all our generations. New Zealand is a wonderful country and we have to move forward as one if we are going to have a prosperous country. I think today is a day to celebrate for everybody and I thank you for coming all the way to Wellington to listen to the third reading. I thank you for your commitment, your dedication, and your leadership for your cause. I wish you all the best for the future. Thank you.
Tēnā koe, Mr Speaker. E ngā mana, e ngā reo, rau rangatira mā, tēnā koutou, tēnā koutou, tēnā tātou katoa. Ngā mihi ki ngā mana me ngā whānau o Ngāti Manuhiri, tēnā koutou.
[Thank you, Mr Speaker. To the authorities and leaders of a hundredfold, salutations, acknowledgments, and greetings to you collectively. Congratulations to the powers and families of Ngāti Manuhiri, well done.]
To Matua Laly, Mook, and the people who have fought this battle for Ngāti Manuhiri since the Treaty was signed, tēnā koutou. For 23 years you have waited for this day. I want to acknowledge that on 24 October 1989 Laly Paraone Haddon and Hawe Brown submitted a Wai claim—Wai 122. In addition to Wai 122, there were further Manuhiri claims—Wai 244, Wai 532, Wai 1539, Wai 1811, Wai 280, Wai 487, and Wai 567. The reality is that you as a whānau have been battling for a long time for recognition as mana whenua, who deserve an apology from the Crown and who deserve your mana whenua status to be acknowledged by this House. So I mihi to you. I think in this House we mihi to each other too much, because the reality is we are here today only because of the mahi that you have done—your tīpuna, your ancestors, who have fought for this day. So this is Ngāti Manuhiri’s day, and when we look at what that day actually means, it means that from 1840 when you were colonised like the rest of us, there were 250,000 acres of Ngāti Manuhiri land. By 1890 you had approximately 10 percent—
The ASSISTANT SPEAKER (H V Ross Robertson): Order!
Ngāti Manuhiri had 10 percent of that land, and now you retain 1,300 acres of that 250,000 acres that was Ngāti Manuhiri land. What does that actually mean? It means you have only 0.52 percent of your ancestral lands. So I want to acknowledge that generosity of Ngāti Manuhiri. In fact, for most of the settlements that come before this House, the settlements are a minuscule amount of what you should actually be getting back. But I do want to acknowledge that in this process it is the leadership of people like Mook, and it is the leadership of Laly and the Ngāti Manuhiri Settlement Trust to actually take the opportunity to get the pūtea, to get some capital back into your hands so that you can actually move forward. It is only because of the generosity of our hapū and iwi groups that we are able to do that.
I am a proud member of the Māori Affairs Committee. This Treaty grievance process, which is our country’s truth and reconciliation process, is, for me, incredibly important when we look back, even now when we look at the history of our country. I think what this will enable us to do is get past the Treaty grievance phase of the development of us as a nation. What we are moving toward is the rightful place of tangata whenua, of our hapū, and of our iwi when we look at the future of this country. So the implications for me about the Treaty settlement process are actually about our constitutional position and status of our hapū and iwi groups in the future and what new relationship you will have with us as Crown agents. So I am very proud to stand here as a member of this House of Parliament on this day to acknowledge you.
We did have 140 written submissions, there were 17 oral submissions, and 95 of the submissions did acknowledge that there were some issues about Te Hauturu-o-Toi. So I want to acknowledge again the generosity of Ngāti Manuhiri in altering their deed of settlement. It is a very rare thing for iwi to alter their settlements when they have negotiated a position with the Crown. So I want to acknowledge the fact that you did that, and you did that because you know you are part of Ngāti Wai. You cannot separate Ngāti Manuhiri and Ngāti Wai. You did that because you acknowledge Ngāti Rehua, you acknowledge Te Kawerau-a-Maki, and you acknowledge Marutūahu and Ngāpuhi, who also have interests in Te Hauturu-o-Toi. So again I want to acknowledge the fact that you have provided leadership in that process for those future Treaty settlements that will happen. So I want to thank you for bringing the House together and for bringing us here today to be able to acknowledge and honour Ngāti Manuhiri.
Can I just advise the House before I call the next speaker that the Green Party has given its 5-minute call to the honourable member Hone Harawira.
Tēnā koe, Mr Speaker. Huri rauna kia ora tātou katoa. He kōrero tuatahi, mihi atu ki a koe e te matua, Laly, kua tae ora mai i roto i a tātou i tēnei rā. Nō reira, tēnā koe, koutou anō rā e Ngāti Manuhiri. Kite au i a koutou, kite anōki au i ahau anō. Nō reira, tēnā koutou kua tae mai i tēnei rā, me te mihi anōki ki ngā mahi kua mahingia nei i ngā tau tini kua pahure ake nei kia tae mai ai ki te kaupapa o te rā nei mō te whakatau i tētahi wāhanga iti mō Ngāti Manuhiri. Ēngari tāku ki a koutou, ki a tātou anō, kia kaua e whakaarohia kua mutu te hīkoi i tēnei rā. He tīmatanga noa iho mō ā tātou tamariki, mokopuna ā ngā rā kei te haere mai. Nō reira, tēnā koutou, kia ora tātou.
[Greetings throughout to us all. The first point of comment is to acknowledge you, the father figure, Laly; you have arrived here safely amongst us today. Accordingly I greet you and you again collectively, Ngāti Manuhiri. To see you all there is to see myself again as well. So acknowledgments to you collectively who have arrived here today and a tribute as well for the work done over the many past years to arrive at the matter at hand today to settle a small part for Ngāti Manuhiri. But mine to you and us collectively once more, do not think that the journey has ended today. It is only a beginning for our children and grandchildren in the future. So good on you and us collectively.]
I do not have that much to say. I simply make the point that although we may have differences in this House, one thing I do know, and one thing I truly believe—and am quite sure you believe too, Mooks—is that the Treaty settlement process was never actually set up to ensure justice for us. The fact that most settlements struggle to rise above 3 percent of the value of the claim confirms that. So although there may not have been rousing applause for the comments made by my tuahine Metiria Turei, the principle she raised, which is that our future is determined by our willingness to work with one another to ensure a positive future not just for our children but for all of our children, is the only way to go.
Me mihi au ki a koutou i tēnei rā. He rā nui tēnei mō Ngāti Manuhiri, mō tātou katoa hoki o roto o Te Tai Tokerau, tēnā koutou, tēnā koutou, huri atu, huri noa, kia ora tātou katoa.
[I must salute you collectively today. This is a great day for Ngāti Manuhiri and for all of us in Northland, so congratulations and well done to you collectively throughout and around, and compliments to us all.]
Tēnā koe, Mr Speaker. Tēnā tātou katoa e te Whare. Me pēnei rawa te tīmatanga mai o taku kōrero i tēnei ata. Tēnei te ara kei runga. Ko te aro tēnei tipua, ko te aro tēnei Ariki, ko te ara o tēnei matua ā-iwi. Ko te ara o Ranginui e tū nei, o Papatūānuku e takoto nei. Kia rarau iho rā ngā tapuwae o Tāne, tēnei te pō, nau mai te ao. Koia rā e rongo whakairia ki runga, tūturu a whiti whakamaua kia tīna, tīna, hui e, tāiki e!
Me pēnei rawa te tīmatatanga mai o taku kōrero, kai aku rangatira kua hara mai i Te Tai Tokerau i te mea he rā hōu, he ao hōu tēnei i te rā nei. Kua puta, kua puta mai koutou i te pō ki te ao. Kua rongo nei koutou i te āhuatanga o tērā whakataukī kōrero. Haere mai, haere mai, haere mai. Tēnā koutou me ngā mate kua heria mai ai e koutou i tawhiti kia eke mai ki roto i ngā pakitara o te Whare nei. Kai wareware i a tātau, ko te āhuatanga o wā tātau mate e tangihia nei e tātau i tēnei wā. Nā reira, waiho rātau kia moe. Kua tae mai koutou i te rā nei, haere mai, haere mai, hara mai, tae rā nō ki a koutou kua tatū mai anō hoki mō tēnei rā, nō koutou te rā.
Nā, ko te mate o te tangata whakamutunga ki te whakatakoto i tana kōrero, kua whānakohia e wētāhi te nuinga o ngā kōrero. I rongo ake i te kōrero a te mema o Te Tai Tokerau me tana kī mai, he kongakonga noa iho te moni kua tukuna atu ki a koutou. Ko tā te Pāti Māori, āe, tika tonu. Tērā, tērā.
Ka rua, kua rongo ake i te āhuatanga o te kōrero ahakoa āhua kawa nei wētahi o ngā kōrero, ki waku taringa, o te Rōpū Kākāriki me tā rātau kī, he mea whakawehewehe tēnei huarahi. Ko tāku, ko te kī atu, kai te tika tāna, tērā wāhanga o tana kōrero. He mea whakawehewehe tēnei huarahi i a tātau.
Kua rongo ake i te āhuatanga o te kōrero o te mema o Ikaroa-Rāwhiti, o te Hōnore Parekura Horomia me tana kī atu, kua noho pirau ētahi o ngā whare, kua whakatakotohia hei mea whakahoki ki a tātau. Ko tāku, ko te kī atu, kei te tika tāna.
Kua rongo ake i te āhuatanga o te kōrero o te Hōnore Shane Jones, tangata haere ki te Kura o Tīpene. Ko tāku ko te kī atu, ā, he painga anō rā o te kōrero o te Māori rā. He tika tonu tāna. Ko ia te mea mōhio ki tērā āhuatanga o te hītori o Te Tai Tokerau. Ko wai ahau hei whakahē i tērā kōrero?
Kua rongo ake i te kōrero o te Kākāriki me tana kī mai, ā, e pēnei ana, e pērā ana, e whakahē ana i te āhuatanga o tēnei kerēme. Ko tāku, ko te tautoko i tā Shane e kī nei, i tōna mutunga mai, ko tā te iwi e whakatau, koia tērā. Ko tā te iwi e kī nei, koia tērā. Ko wai au o Te Waiariki, me te pānga anō rā ki Te Tai Tokerau ēngari, o roto i a Te Arawa, ko wai a Te Arawa ki te whakahē i te kōrero a tētahi atu. Ē, kāre i te tika tērā āhuatanga. Nō reira, me mihi rā ki a koutou.
Kāre e nui ake ngā kōrero, kei hoki tuarua, tuatoru ki ngā kōrero kua kōrerohia ēngari, kei kī mai koutou, ē, kāre te Pāti Māori i te tautoko i te mea nei, ko tāku ki te kī atu ki a koutou, kai te tautoko, kai te tautoko, kai te tautoko.
Ā, he paku mihi anō hoki, hei whaiwhai haere i te wairua o ngā kōrero ki a koutou ngā mea i ārahi nei i tēnei kaupapa. Kai te rangatira Laly, tēnā koe. Ka hoki ngā mahara ki te wā, pēnei i ēnei nā, ki te mea whutupōro. Anā, i a tātau e kōrero whutupōro ana, te tangata e noho mai rā i tō taha a Mook, tākaro a ia mō Ngongotaha i Rotorua. Ahakoa tōna whakapapa ki a koutou, ā, ko tētahi wāhanga o tōna ngākau kai a au, kai Ngongotaha, kai Rotorua, kai Te Arawa. Nō reira, ka nui te mihi ki a koe, Mook. Ko koe tērā i tū ki mua i te aroaro o te tangata, ki reira karo atu ai i ngā kōrero, ā, pei atu ai ngā uauatanga. He mea uaua tērā ki te tū ki mua i te aro o te marea, tō ake iwi ki te kī, anei, anei, anei, ka mutu, ka rongo koe i te whiu o te kupu, ka rongo koe i te mamae. Ko au tētahi e mōhio ana ki tērā āhuatanga.
Nō reira, kāti ake. E hoa mā, kua tae mai koutou ki tēnei rā nui, whakaharahara. Ko tā mātau, ko tā te Whare, hāunga wētahi, ēngari ko te nuinga o te Whare kai te kī atu, Ngāti Manuhiri, nō koutou tēnei rā. Kia kaha, kia toa rā, arā, ā ngā rā kai mua i te aroaro. Hai whakakōpani i taku kōrero, i te nuinga o te wā, ka tae mai te manuhiri Māori nei ki roto i tēnei Whare, ka hara mai, ka rongo i ngā kōrero ēngari i te mutunga mai, ka puta kāre he paku aha, kāre he kapu tī, ā, ēngari i tua atu o tērā, koia tērā. Nō reira, ko tāku i tēnei wā ko te kī atu—[Interruption]—ko te kī atu—[Interruption] Kia tau ngā manaakitanga.
[Thank you, Mr Speaker. Greetings to us all in the House. I will begin my address this morning with this incantation: Tēnei te ara kei runga. Ko te aro tēnei tipua, ko te ara o tēnei Ariki, ko te aro tēnei matua ā-iwi, ko te ara o Ranginui e tū nei, o Papatūānuku e takoto nei. Kia rarau iho rā ngā tapuwae o Tāne tēnei te pō, nau mai te ao. Koia rā e rongo whakairia ki runga, tūturu a whakawhiti, whakamaua kia tīna, tīna, hui e, tāiki e!
And so my address commences in this manner, my esteemed leaders who have come here from Northland, because it is a new day and today is a new world. You have emerged and come out of the world of darkness into the world of light. You have heard and felt the tenor of that incantation. Welcome, welcome, and welcome three times over. I acknowledge you and the deaths you have brought aboard from afar to be within the walls of this House. Let us not forget the circumstances of our deaths, which we grieve at this point in time. So allow them to rest there. You have arrived here today so welcome, welcome, and welcome three times over. I extend this welcome to those of you as well who have come back again just for this day. The day is yours.
There is a problem with being the final speaker in that much of what one would like to address has already been stolen by previous speakers. I heard the comment by the member for Te Tai Tokerau where he stated that money given to you is but a mere pittance. The Māori Party agrees totally. That is that one.
Secondly, I heard the tenor of what the Green Party was on about, even if parts of it were a bit sour to my ear when she said that this procedure is divisive. I say to her that that part of her statement is correct. This procedure divides us.
I note the tenor of the address by the member for Ikaroa-Rāwhiti, the Hon Parekura Horomia, when he said that some houses being returned to us are already in a state of decay. I say to him that he is right.
I note the tenor of the speech by the Hon Shane Jones, one who attended St Stephen’s College. I say that there is merit indeed in what that Māori advocates. He is absolutely right. He is very much more aware of the part that relates to the history of Northland. Who am I to contradict that statement?
I note the sentiments of the Green Party member. She said this is how it is, that is how it is, and she opposes the circumstance of this claim. For me, I support what Shane is on about in that, at the end of it all, whatever the tribe determines, that would be it. Who am I of Te Waiariki from Te Arawa with connections as well in Northland to disagree with statements by someone else? That is not the right thing to do. And so I applaud them.
I have not much else to say in case I repeat what has already been stated a second or third time. Just in case you say that the Māori Party is not supporting this thing, let me say emphatically that we support it, we support it, and we support it.
A small tribute as well to you, the ones who have led this proposal. Laly, I really salute you. Like these ones, my thoughts go back to this thing rugby. Mention rugby and I think about that person, Mook, sitting beside you. He played for Ngongotaha in Rotorua and although he traces his genealogy to you, a part of his heart is with me, Ngongotaha, Rotorua, and Te Arawa. And so my regard for you, Mook, is right up there. It was you who faced up to people, who parried and fended off comments and difficulties. Standing before the public is a difficult thing to do, especially if they are your very own. Saying to them to do it this way and that way—eventually you become subjected to criticism and you experience hurt as well. I am one who is very much aware of that situation.
So leave it there. Friends, you have arrived here on this great and wonderful day. All that is left for us, the majority of the House, to do is to say to you, Ngāti Manuhiri, this day is yours. Be strong and courageous in the days ahead of you. To end my address, I want to refer to times when Māori visitors come into this House, most times anyway. They come in, listen to the speeches, and at the end of it leave without a murmur, a cup of tea and just leave. What I want to say at this stage—[Interruption]—is to say—[Interruption] Let kindness prevail.]
The ASSISTANT SPEAKER (H V Ross Robertson): Order! Order!
Kai te pai.
The ASSISTANT SPEAKER (H V Ross Robertson): I think I should suspend the House just for a minute.
Sitting temporarily suspended from 10.33 a.m. to 10.35 a.m. under Standing Order 48(1)(b).
The House is resumed.
🗣️ Spoke in this debate (14)
- Hon Christopher Finlayson (New Zealand National Party — List Member)
- Hon Te Ururoa Flavell (Māori Party — Member for Waiariki)
- Hone Harawira (MANA — Member for Te Tai Tokerau)
- Tau Henare (New Zealand National Party — List Member)
- Parekura Horomia (New Zealand Labour Party — Member for Ikaroa-Rāwhiti)
- Shane Jones (New Zealand Labour Party — List Member)
- Rt Hon Winston Peters (New Zealand First Party — List Member)
- H V Ross Robertson (New Zealand Labour Party — Member for Manukau East)
- Katrina Shanks (New Zealand National Party — List Member)
- Hon Sir Pita Sharples (Māori Party — Member for Tāmaki Makaurau)
- Rino Tirikatene (New Zealand Labour Party — Member for Te Tai Tonga)
- Metiria Turei (Green Party of Aotearoa / New Zealand — List Member)
- Hon Louise Upston (New Zealand National Party — Member for Taupō)
- Louisa Wall (New Zealand Labour Party — Member for Manurewa)