Waitaha Claims Settlement Bill

on behalf of the Minister for Treaty of Waitangi Negotiations: I move, That the Waitaha Claims Settlement Bill be now read a second time. The Waitaha story is significant in the history of our country. The Waitaha story is that of an iwi who never ceded sovereignty to the Crown. The story of Waitaha is that of an iwi who sought to uphold its mana. The story of Waitaha is that of an iwi who have been devastated by the cumulative effects of the Crown’s acts, omissions, and breaches of the Treaty of Waitangi and its principles during the 19th and 20th centuries. The story of Waitaha and its relationship with the Crown is one that almost saw the iwi itself disappear.

The purpose of this settlement is to recognise and settle past wrongs of the Crown in relation to Waitaha. Although this settlement will see the Crown provide Waitaha with cultural, financial, and commercial redress, as with all Treaty settlements, full reparation for the losses suffered by Waitaha is not possible. This is something the Crown has to live with.

I wish to acknowledge the work that Waitaha has done to reach this day. It has not been an easy journey, and I am humbled to stand in the Parliament today to say that through this settlement the mokopuna can look forward to sharing a prosperous future together.

Waitaha descend from Hei and his son Waitaha, who arrived on the waka Te Arawa. Over time the uri of Hei settled along the coast extending from Katikati to Ōtamarākau and to the island of Tuhua. Waitaha has close whakapapa links with Tauranga, Waikato, Ngāi Tahu, Ngati Porou, Ngāti Kahungungu, and Te Arawa. By the 1840s Waitaha primarily occupied the land between Tauranga Harbour in the west and Waiari River in the east, as well as staying inland. Waitaha never agreed to cede their mana to the Crown. Most Waitaha rangatira did not sign the Treaty of Waitangi. Only Te Kou o Rehua of Ngāti Te Puku o Hākoma signed the Treaty when it was brought to Tauranga.

The Crown acknowledges that it breached the Treaty of Waitangi in its relationship with Waitaha. The Crown acknowledges that the acts, omissions, and breaches of the Treaty of Waitangi and its principles that it committed during the 19th and 20th centuries had the most devastating consequences for Waitaha, which almost led to the extinction of that iwi. Waitaha brought their Treaty claims to tell their story and their fate of their tīpuna. Their tipuna Hakaraia is central to that story. Waitaha regard this settlement as a tribute to Hakaraia and his efforts to prevent the alienation of Waitaha land. So in the journey through the Waitangi Tribunal inquiry process, continued through this settlement with the Crown, the mana and reputation of Hakaraia has been restored.

Hakaraia was a prophet and a rangatira. He was a man of peace. He sought to engage peacefully with Pākehā. However, the Crown brought war to the province in the 1860s. In an attempt to subdue the influence of the Kīngitanga, Hakaraia and Waitaha were subsumed by this conflict and its consequences. Hakaraia did not surrender and was considered by the Crown to be an unsurrendered rebel. The Crown punished Waitaha severely. The Tauranga raupatu effectively and efficiently undermined the economic well-being of Waitaha. After the death of Hakaraia, the Crown inflicted further punishment by withholding a large amount of Waitaha land. If this was not enough, the impact of the Native Land Court served to extinguish what little Waitaha land title was left. Such was the impact of this alienation, it almost led to the disappearance of Waitaha.

I am confident that through this settlement the burden that has been carried by the whānau of Hakaraia and of all Waitaha will be lifted. At this time I acknowledge those who carried the burden of wrongs suffered by Waitaha who have passed away without seeing this day. Me mihi anō au ki a rātou. Moe mai ngā rangatira, mau tonu koutou i ngā ngākau nei o ngā uri whakatipu.

[I must pay tribute to them once again. Slumber there, esteemed elders, you will remain in the hearts of successive generations for ever.]

What I have summarised only briefly touches on the mamae, the pain, that Waitaha has had to endure and carry. When things like this happen it is not just about land, territory, it is about the decimation of a social structure, a tribal structure, and their whole value system becomes decayed underneath a monetary economy and new laws. So the pain and what they have had to endure has been almost complete. Waitaha and the Crown began this process by signing terms of negotiation and agreement in principle in 2008. This led to the deed of settlement being signed on 20 September 2011 at Hei Marae in Te Puke.

In summary, the settlement will provide Waitaha with a cultural, financial, and commercial redress package. Cultural redress for Waitaha includes the $3 million education endowment fund in the name of Hakaraia Mahika. The Crown will vest in Waitaha two urban cultural sites, a scenic reserve based on the Maunga Ōtara, Maungaruahine Pā Historic Reserve, and the land at Papamoa, including important parts of those. An overlay classification, known as Te Whakairinga Kōrero, will be provided for in this bill. This is a Crown acknowledgment of Waitaha values and an agreement on protection principles applying to two important mountain sites.

The bill will also provide for a deed of recognition of special association of Waitaha with five areas of conservation land along the ancestral mountains within the Waitaha rohe. The Crown will provide statutory acknowledgment of Waitaha statements of their cultural, spiritual, historical, and traditional association within 15 statutory areas, including the peak of Maunga Tipuna Ōtānewainuku, the beds of several watercourses including the Kaituna River, and the coastal area between Mauao and Maketū. I acknowledge that $1.3 million has already been provided to Waitaha to prepare full historical accounts of Waitaha and Hakaraia, and as a contribution to the restoration of Hei Marae, and for other cultural support purposes.

The Crown will provide letters to Ministers, to its own Ministers, encouraging support for Maranga Waitaha—a link to Government initiatives to assist the social, economic, and cultural needs of Waitaha. The Crown will also provide letters of introduction to local authorities, and the Crown will institute three ministerial protocols relating to taonga tūturu, conservation, and Crown minerals. Financial redress for Waitaha includes the payment of $7.5 million plus interest from an agreement in principle signed in March 2008. Commercial redress for Waitaha includes a right to purchase three land bank properties on settlement, a right to purchase five sites on sale and leaseback properties, and a right to purchase other land bank properties. I wish to thank Waitaha, ahakoa kāre rātou i konei i tēnei rā [even though they are not here today], for the way in which they have resolved issues with neighbouring iwi, both with Tauranga Moana to the west and Te Arawa to the east.

I acknowledge that by choosing to enter into full and final settlement with the Crown, Waitaha has agreed to forgo full reparation for the mamae suffered. For their generosity I really thank them and acknowledge them. This is also an opportunity for the Crown to restore its own tarnished honour and I hope that this settlement will mark the beginning of a stronger relationship with Waitaha, a relationship based on trust, cooperation, and respect for the Treaty of Waitangi. I commend this bill to the House and look forward to this bill proceeding to the Committee stage without delay. Thank you.

E te Kaiwhakahaere, tēnā koe. I roto i āku te nui o ngā whakaaro mō tēnei tino kerēme. Mai i ōku tau e 40 pea, hīkoi kaha atu au mai i te motu, kite atu i ngā marae, ngā iwi, ngā hapū, ngā piki, ngā heke e mōhio atu tātou te nui o te Māori ngā mea taumaha nā te tiamana. Ēngari, nā te mea i roto i āku tēnei anō wētahi o ngā tino iwi e mau kaha rawa atu te iwi Māori. Ahakoa te takahia o ngā hōia, te Kāwana, te tangata whenua, kei reira kē rātou e mau ana te māhore i roto i tō rātou āhua. Te mea hoki, kāre rātou e whakahoki riri ki te Kāwana nā tō rātou whanaunga tata ahakoa ngā piki, ngā heke i reira kē. Pērā i a te nui o tātou, kite atu tātou i te tangohia o te katoa o ngā whenua ō rātou. Takariri atu tō rātou mahi ki te takahia te tupuna a Hakaraia, wētahi o ngā tino rangatira o wērā atu hoki. Mōhio atu tātou mai i te 1865 he raruraru te mahi o te Kāwana ki a rātou.

Te pai hoki mō te rangi nei ka ora anō ngā kanohi Māori. Te Pāremata nei e whakatikatika tērā raru kia ora rawa atu. Nō reira, mihi kau ana ki tō tātou Minita a Chris Finlayson mō tana kaha ki te whakatikatika. Tēnā koe e tō tātou Minita me tō tātou kaiwhakahaere o tō tātou komiti, me te mahi o Tākuta Pita. Tika atu ki te mihi atu ki ōku hoa o muri, a Michael Cullen, a Mita e mahi atu a muri i te take nei. Ahakoa kāre i konei wētahi o rātou, e mōhio atu tātou kei te tinanatia atu tō rātou whakaaro mō te oti pai o tēnei kerēme.

Tukuna atu he tino mihi ki a Tame rāua ko Punohu wētahi o ngā tino koroua, kuia e oti atu i tēnei take. E kite atu rātou te rere haere o te nui o ngā pakeke i reira, ahakoa i konei kē wētahi e ora ana, a Maru Tapsell, a Whareoteriri Rāhiri pērā i a Mike Nahu, Āreta Gray, Shane Ashby me Rāhera Ōhia. Kāre e tika i te mau ingoa, ka waihotia atu wētahi ki waho. Ēngari, i roto i tō rātou kaha e whakahurihuri mō te oti pai o wētahi o ngā kerēme pērā i a Mauao. Kore atu e whakahoki rātou o tēnei wā, kāre e oti atu, kāre e taea te tōti pērā i ngā kerēme tata ana ki a rātou. Haere tonu atu rātou, haere tonu atu rātou, e whakaae atu rātou. [Interruption] Tēnā koe, Mr Speaker. That is most probably them, ringing up in traffic. But e tika atu ki te mihi atu ki a rātou mō tō rātou kaha.

[Thank you, Mr Speaker. I have many thoughts about this claim. From the time I was in my 40s I travelled the country with much vigour, visited courtyards, tribes, and subtribes, and witnessed the trials and tribulations alluded to by the chairman that we are aware of and that many Māori experience. But there is a feeling in me that this is one of the most persistent tribes of all in Māoridom. Regardless of the fact they were trampled upon by the militia, Government, and locals, they remained there bemused. The thing also is that they also did not seek revenge against Government, because of their close relationship, and despite the ups and downs. It was not like that with the majority of us. The consequence was that we saw all their lands taken from them. The abuse inflicted upon the ancestor Hakaraia and upon the real big chiefs of others as well caused anger. We know that from 1865 the Government caused much trouble for Waitaha.

What a wonderful day this is, as Māoridom will become revitalised once again. This Parliament will rectify that problem for ever. And so I commend our Minister Chris Finlayson, who worked hard to put this right. I doff my hat to you. As well, I acknowledge our chairman of the select committee and what Dr Pita has contributed. It is apt indeed for me to acknowledge my former colleagues Michael Cullen and Mita, who worked behind the scenes. Although some of them are no longer here, we know for a fact that their thoughts are being implemented in terms of this claim being completed well.

A special tribute is extended to Tame and Punoho, two of the key elders of a number of them who worked to bring this matter to fruition. They have witnessed the passing of many elders that were there in their day, but some are still alive and present here today, like Maru Tapsell, Whareoteriri Rāhiri, Mike Nahu, Āreta Gray, Shane Ashby, and Rāhera Ōhia. Mentioning names is not really the proper thing to do, in case someone is overlooked. But through their efforts to turn things round, some claims have been completed, like the Mauao one. Some will not be returned to them at this time; it will not be completed. They cannot dodge them like the closest ones to them. They will continue to move forward until they reach an agreement. [Interruption] Tēnā koe, Mr Speaker. That is most probably them, ringing up in traffic. But it is right that their efforts be acknowledged.]

I suppose the majority of this legislation, the Waitaha Claims Settlement Bill, talks about the land compensation. Well, I think that the package is good and that the Minister for Treaty of Waitangi Negotiations and his officials have done well. The Crown’s actions, which left Waitaha virtually landless, are some of the most shocking in this country, not just because of the size but because of the type of people they were. As I said, having moved amongst the iwi over several years—I know a lot of the Māori faces in here—these are some of the most humble people I have known, even though they tell me “Oh, no, we’re rough with each other.” That happens.

The iwi have had spread affiliation and they have a shared split difference with Ngāti Mākino. This settlement package certainly has a historical account, an acknowledgment, and an apology, and the transfer of eight sites of cultural and spiritual significance. As my colleague Shane Jones said, protect the first right of refusal, or any right of refusal, and make sure that the public land is available—that they get to use it if they need it.

There are a number of statutory acknowledgments, which has always been an issue for them. The biggest one, I suppose, is the re-recognising of Hakaraia, their tupuna. It has the same travelling pattern as Hone Heke and Te Rauparaha. It is quite a fascinating read and study. It depends on whose world view is cast and set on it. This is a great settlement—it really is. That people try to fade it into memory loss is a bit of a joke subject, because it is easy to understand. It is no different to what happened to the Welsh and the Irish, and the Scots and the Irish too, I imagine. I know that they get upset when I tell them that they are all British, but we are all Māori, as first tangata whenua, and we are New Zealanders, and we cherish both of those. That is the strength of Waitaha. They really respected that. It is a unique cultural revitalisation and recognition package. With the marae, the Hei Marae, I wish them all the luck, because despite where they could have gone, what they have done, they have just preserved their building. And it needs more than repair. It needs a lot of support, but people are genuine enough to do that.

The biggest thing for me, with my friend the Minister for Treaty of Waitangi Negotiations, is the relationship instruments to assist in enhancing Waitaha’s relationships with a number of Crown ministries. Those ministries, and regional and local authorities, you know, have this paepae development, where the ministries are here, the settlements are here, but within a year they disappear. Well, I know with this Minister for Treaty of Waitangi Negotiations that he has put the heat on.

The rest is there. It is a given. During our Māori Affairs Committee consideration of the bill we received and considered 20 written submissions. Our chair, Tau Henare, visited them, and we have done well as a select committee to play our part. Of course, the Labour Party supports this Waitaha Claims Settlement Bill to the Committee stage. We are very proud to be here today with other members and parties to show that if we have a common interest, we can synchronise for the better of Māori and this nation.

Nō reira, tēnā anō te mea i roto i a au, whai kaha muri i a rātou o Waitaha. Mihi kau ana ki a rātou ahakoa, kāre i konei ngā kanohi e mōhiotia atu e tātou. Kei te mau whakaaro, kei te mau mahana atu rātou tinana mō te oti pai o tēnei. Tēnā tātou.

[And so, that is also the thing inside me: get behind them of Waitaha strongly. I commend them indeed, even though the faces we recognise are not here. We give due thought and warmth to them for this to be completed well. Salutations to us collectively.]

Can I begin by thanking Mr Horomia for that speech, which displays his customary generosity of spirit. This is a very important settlement, as he observed, because it settles longstanding grievances between Waitaha and the Crown. As he observed, it very importantly recognises the importance of Waitaha leader Hakaraia and the identity of Waitaha. Once upon a time this was a powerful iwi, but, because of the loss of land, they became fragmented and have never been able to unite again. This settlement allows for Waitaha to reassert their tribal identity and to re-establish their tribal base.

The Māori Affairs Committee has considered the Waitaha Claims Settlement Bill. It has submitted its commentary to the House, and once again I want to thank Mr Henare and his team for the work they have done on this bill. They have dealt with it very quickly but very carefully, and I acknowledge that. I want to also thank other Ministers and departments who have worked on the bill.

The select committee hearings raised a number of difficult issues for Waitaha. They had to make a number of concessions so that their bill could be progressed. One particularly difficult issue has been the Crown’s decision to vest the Waiari Stream conservation area in Tāpuika, which is a neighbouring iwi. During the select committee consideration, a number of members of Waitaha raised concerns about the vesting of that particular site in Tāpuika. I certainly want to say that throughout the settlement Waitaha have shown great patience and perseverance in the resolution of their overlapping claims. Their leaders have been principled, they have been courageous in their discussions with their neighbours, and they have at numerous times agreed to what could only be described as innovative solutions to enable the settlement to progress on to a second reading.

The ngā pae maunga redress, which is the vesting of the peaks of Ōtara and Ōtānewainuku in six iwi that have cultural associations with these peaks, is a positive result of overlapping claims discussions between the iwi. This is a part of the world, as Mr Horomia would know, where overlapping claims are intense, and they can result in very lengthy and difficult discussions, but we have achieved a very positive result here. I want to commend the effort of the chief Crown negotiator, Patsy Reddy, and the iwi themselves for reaching a result that all iwi could support, and I am very happy with that. As a result of the amendments agreed to at the select committee, the legislation will provide for the ngā pae maunga redress, which will be implemented through an Order in Council once the final iwi reaches a settlement. I am very pleased and grateful to the select committee for the tremendous work it has done.

I just want to emphasise the point that this is not a deal. If there is a term that irritates me, it is the idea that it is sort of some kind of mere commercial deal. It is much more important than that. The Green co-leader sometimes comes down to the House to give us a lecture on social justice and talks about deals—resplendent in her Adrienne Winkelmann jackets—and really I think that she lets the side down when she talks like this, because these are very important matters for the Crown and iwi. There is a commercial element, and the first two speakers have both referred to that, but it is much more than that. It is a very sacred compact between the Crown and Māori that has to be observed.

The other thing that I would observe is that this is not the end. This is the end of the beginning. The post-settlement relationships are indeed very important, which why we have set up an office, following on from discussions I had with Mr Horomia last year, to make sure that after the settlement and with the new relationship having been recognised—there is an office that we have set up; I believe it is going to be a very important one—there is a whole-of-Crown responsibility to ensure that what we say we are going to do in deeds of settlement we actually do, not just while I am the Minister for Treaty of Waitangi Negotiations but for years to come.

I am very happy that we have reached this stage and look forward to the Committee stage so that we can have this very important settlement enacted.

Tēnā koe, Mr Speaker. It is a pleasure to take a call on the second reading of the Waitaha Claims Settlement Bill. I must be honest, by the name Waitaha I initially thought that it related to Waitaha in the South Island, because Waitaha is the original iwi of the south. Then there was Ngāti Māmoe to follow, and then Ngāi Tahu, but we are all connected.

I was really pleased to learn the history of Waitaha nō Te Arawa when this bill came before the Māori Affairs Committee, because it is about reasserting identity for their iwi. This bill definitely makes some really good steps in achieving that, as the Minister has said. This is the start, and we witnessed some wonderful accomplishments that the iwi are doing already in terms of their settlements. For instance, there was the restoration of their marae, Hei Marae. When we were up in Te Puke we saw newsletters in Pāuanui of how proud they were of their new marae and of learning their waiata, their whakapapa, and their tikanga. There is also work going on about the historical account documenting the history, the story, of Waitaha, and also their great chief, Hakaraia. That flows through to education endowments as well, which form part of the settlement. Those are very satisfying and rewarding aspects to see—to meet the people, to see them on their home patch, and to see that they are getting on with things and thriving in their own kāinga. So I was really thrilled to have taken part in the select committee when we went up to Te Puke.

As I like to say, Māori history is all about whakapapa and connections, and there are a lot of connections that Waitaha have that go back many, many, many generations. It was also quite enlightening to hear—as we know—that every other iwi and hapū have their own histories as well, so we heard a range of views. I noted with interest the submissions around the shared interests of Ngāti Ranginui, Ngāti Pūkenga, Ngāi Te Rangi, Tāpuika, and Waitaha. It is great to see within the bill that there is that joint acknowledgment of their shared interests in the peaks of Ōtānewainuku and Pūwhenua.

The story of Waitaha is very unfortunate. As we know, their chief, Hakaraia, made the decision and they sided with the Crown during the wars. Kei te pai tēnā. But in spite of their loyalty and their loyal duties, unfortunately, they were not rewarded—well, they were actually punished quite severely. That was reflected through the loss of land, particularly at Te Puke. There is a long list of bad decisions that led the Waitaha people to become virtually landless. Obviously, with the loss of land there came a loss of identity, and they nearly became an extinct iwi. That is why I am very proud to be part of the Māori Affairs Committee and that we can reassert the mana of Waitaha through these settlement bills. I commend the officials and the Minister for all the work that they are doing, and, in particular, the negotiating team for Waitaha for their graciousness and their perseverance in dealing with some very tricky issues around balancing the shared and interwoven interests that they have with their other whanaunga—relations—as well.

I am pleased to see that some very good solutions have been found, particularly around the shared acknowledgments, and these are all reflected in the bill as it has come back. We do support this bill. I congratulate Waitaha, and I am looking forward to the third reading, when I am sure that they will be here in the House, and we will be here to tautoko them. Kia ora.

Tēnā koe, Mr Speaker. Tēnā koutou ngā manuhiri katoa o te motu me te Whare. He mihi nui ki a Waitaha whānau, hapū, iwi in the second reading of the Waitaha Claims Settlement Bill.

[Thank you, Mr Speaker, and salutations to all the visitors of the nation and the House. A special acknowledgment to the family, subtribe, and tribe of Waitaha in the second reading of the Waitaha Claims Settlement Bill.]

It is our privilege to debate the second reading with no opposition to the redress proposed. Last night tears of joy and loud exclamation filled this House. Today a quieter but as deeply felt sense of justice permeates the kōrero. This process is so fundamental to our nation that I do wish the gallery was as full as it was last night. Every part of the whenua—ngā maunga, ngā moana, ngā awa—of Aotearoa is part of the rangatiratanga of the tangata whenua, and this negotiation under Te Tiriti o Waitangi is lifelong for all of us. The form of the dialogue may change, but it will always continue.

The Green Party wants to acknowledge ngā tūpuna o Waitaha and the iwi, hapū, and whānau today who have worked so hard to get to this point. They have some key objectives in their negotiations, which are to restore the mana and identity of Waitaha and of their tupuna Hakaraia, correct the history of Waitaha, and provide a foundation for the ongoing development of Waitaha through cultural revitalisation, social enhancement, and economic and political participation—and the Green Party says tautoko to that. Those key objectives need to be met as fully as they can be.

Clearly, along the road the Māori Affairs Committee did some really good work, as did Waitaha and the Minister for Treaty of Waitangi Negotiations, in negotiating the overlapping claims around the maunga. It is obviously a very challenging issue, but some major progress was made around joint cultural redress in the vesting of the peaks of Ōtānewainuku and Pūwhenua to the iwi of Tauranga Moana, Te Arawa, and Waitaha. That is an important change that has happened during this process, and it does express great generosity when an iwi is prepared to go through that process. It is not new, it has always been like this in Aotearoa, but it is worth noting and acknowledging.

It is also important to acknowledge the Waitaha people whom I have met personally on the issue around the attempt by Newmont Waihī Gold and Glass Earth Gold to mine Muir’s Peak. I met then with some Waitaha people, who laid out very clearly their passion for their maunga down to the ocean, and their passion for preserving their waterways and protecting the area from mining. It was very humbling to have met those people, and I want to acknowledge them.

It is important to acknowledge that Waitaha bore the brunt of the colonisation in their rohe, and that the story of Hakaraia Mahika needs to be widely told and widely understood. A number of other MPs in this House have called for a parallel education process alongside these settlements, so that Pākehā and tauiwi katoa in a rohe such as the Waitaha can be educated and can reassess the place where they live. The degree of ignorance amongst some of us cannot be overestimated. For the renaissance of Waitaha to thrive, we need to pass this bill, but that is only one part of the job. We—and I am speaking as a Pākehā—need to move with tangata whenua so that we cease to be a barrier to the aspirations and rights and dreams of ngā uri o Hakaraia Mahika. The cultural aspects of the settlement are important, but so is the wero that it is time for all of us to learn the truth of history.

I have been a Te Tiriti educator for nearly 20 years and I am still a learner of the basics and a learner of the fundamental stories. Looking at our education, many of us were taught nothing at all about raupatu. We were taught migration myths; we learnt so-called stick games and waiata without context. Nowadays, supposedly, there is a better education, but at the same time there is still ignorance and a tendency for the presentation of Te Tiriti o Waitangi to be part of a history class for the few at senior secondary level who choose to study history. It is not history; it is both history and now. And the tendency is for teachers to avoid the controversial issues—the truth of raupatu, the truth of racism, the truth of privilege and colonisation—because it is painful. Of course it is painful. We all understand that. It is very, very painful, but it is actually very, very empowering when we come to grips with it and can move forward as allies in that process.

So that is why education needs to be parallel with Treaty settlement. If the Waitaha Claims Settlement Bill is to meet its potential and the meaning of Te Tiriti of Waitangi is to live in full, it is about the present relationships based on all the cultures embracing the colonisation history, and, through understanding the pain and loss and how some of us have benefited, Pākehā can be those allies and supporters. That is vital. We believe that is nowhere more important than in the rohe of Waitaha, where the history and the story is virtually invisible, and maybe through this process will become visible to more people. That would be a great benefit—if it was visible and understood.

Finally, I want to address the reason why, much to the annoyance of the Minister for Treaty of Waitangi Negotiations, the Green Party talks about Treaty settlements in relation to deals. It is not to disrespect any of the processes or, in fact, the fantastic journey that people take; it is to acknowledge that we are not able to provide full redress through Parliament. If somebody stole my car and then offered to give it back to me but I first had to prove that the hub-cap, which is all I was getting back, even though it was dented, was really my hub-cap, or whether it was my friend’s hub-cap down the road, I actually think I might feel that that was slightly unfair and that it might be considered to be a form of a deal. There is no disgrace in acknowledging the limitations that are possible. There is no disgrace for any of us in acknowledging that we cannot return to where we were in this country in the 1800s, but there is disgrace in pretending—and I do not think anyone is in this House—that it is over, that it is settled, that it is done. We will not have settlement in the deeper sense—settlement inside our hearts and our minds—until we have learnt the true history of this country and when all parties respect the journey of Waitaha—all parties. The Crown and Māori cannot do it by themselves. It has to be the public of Aotearoa who come on board. There is a role for the Crown in education as well as in negotiating these arrangements.

So, with those words, I would like to acknowledge the positive achievement of the Waitaha Claims Settlement Bill. We look forward to supporting the third reading.

I want to start by reciting recital 2 in the preamble to the Waitaha Claims Settlement Bill: “Waitaha are an ancient iwi who descend from Hei and his son Waitaha who arrived on the waka Te Arawa. Their area of interest extends from Waimapu to Mauao along the coastline to Maketu, and inland to Ōtanewainuku. By the 1840s, Waitaha primarily occupied the land between Tauranga harbour and Te Puke. During the 1840s and 1850s, the Waitaha leader and prophet, Hakaraia, preached peaceful engagement with Pākehā.” I want to now go to recital 12 of the preamble: “By the end of the 19th century Waitaha were virtually landless and had insufficient resources to sustain themselves. According to Waitaha, this forced some members of the iwi to follow other tribal affiliations. Waitaha express this impact in the whakataukī, ‘Kō Waitaha te iwi, he tangata ngākaurua’: Waitaha was once a powerful tribe, but because of the loss of land they became fragmented and have never been able to unite again:”.

Through a natural process iwi morph into other identities as time goes by. If left to happen naturally, it is a wonderful thing. I think there would be maybe only two or three people in this House who know of the big iwi Ngare-raumati. It does not exist any more as we know it. It morphed into another entity. What I am saying is that there is a natural move over time into other identities and entities, such as Ngāpuhi, such as other tribes. So when I saw this settlement, I thought: “Oh, Waitaha down in the South Island is getting a settlement. I think that’s really cool.”, but when I read further and further and further into it, I did not realise that there was a Waitaha based in the Bay of Plenty. This is not one of those entities that takes a natural progression into something else. This happened because of its relationship with the Crown. When we look at it now, it is beyond decimation. Their members whakapapa to other tribal districts and other tribes. They are very proud of their whakapapa, their genealogy. But you are left with—and I hazard to use this term—genocide, in a way. Do not freak out about the use of the word “genocide”. It happened.

💬 Hon Dr Pita Sharples: It’s just genocide.

You know, it is just genocide. We should accept that that is actually what happened.

But more to the point, how do we resolve their hurt, their decimation? It is through these things that we begin to, I suppose, start again. I think it is a wonderful thing that iwi Māori do remember where they come from. I am sure that there are people who do not realise that Awanuiārangi is a tipuna of the north. Kahungunu was born in the north. All these sorts of famous people being born in the north—[Interruption] Oh, sorry, bro. It is part of the history of our land, and this is just part of that story. I am pleased that our Minister for Treaty of Waitangi Negotiations, the Hon Chris Finlayson, and Uncle Pita have actually worked fastidiously trying to bring together a deal that is acceptable to the Government, is acceptable to iwi, and is acceptable to the members of this House.

I just want to mention Catherine Delahunty’s speech. We could have some real fun looking at ways of how to pay—truly pay—for the recompense. We could take the tax off the tobacco industry. There are all sorts of nice little ways we could do it, but we have decided that this is the way to do it. I think everybody understands that it is not enough, but it is a hell of a start on the road to recovery for a people like Waitaha. I will not take any more time, other than to say congratulations to the Ministers, congratulations to this House, and also congratulations to Waitaha on opening another door that may lead to them getting back to where they once were a while back. Kia ora.

Kia ora. Tēnā koutou katoa. Ko tēnei taku mihi nunui ki a koutou i tēnei wā. Tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Thank you and greetings to you all. This, indeed, is my huge salutation at this point in time to you collectively, so greetings, acknowledgments, and salutations to you all.]

I rise on behalf of New Zealand First. As I was not, and I am not, a member of the Māori Affairs Committee, I will rise to take a very short call on the Waitaha Claims Settlement Bill. There is a very well-known Māori saying “He aha te mea nui o te ao? He tangata, he tangata, he tangata”. What is the most important thing in the world? It is people, it is people, it is people. What we know to be true, because history has shown us this, is that words on a page are only as good as the people who either abide by them or implement them. A settlement, a contract, a treaty is only as good, as wise, as effective as the parties who place their signatures on the final page and those who are then delegated to make it work. There are many people throughout the world who know that to be true, and so it is with these settlements.

New Zealand First notes that this settlement has, among other things, a deed of recognition agreed over five areas of conservation land among the ancestral maunga—a deed of recognition that must be referenced by the Department of Conservation. There is also recognition of areas of significance for Waitaha that are significant to other iwi as well. Many of these settlements will be only as good as those who work on delivering the futures possible through them. The futures that can be created from the settling of these pasts have to be delivered by committed individuals working for the common good of all in those hapū and iwi. So in the end it will be the people who will be the most important of all.

Our history could, however, give us cause to be concerned that this may also be our weakest link. So now I refer to another well-known saying “When we know better, we do better”. It is our hope that as a nation we, after 172 years, do know better how to respect a contract, how to respect each other, how to respect our differences and recognise our similarities, and how to work together for the benefit of all. Please do not misunderstand my words. When I say “we”, I include both signatories to these documents. There must be mutual respect, or there will be mutual failure of these agreements.

Before I close, education is very close to my heart, and it is recognised by New Zealand First as one of the pillars of a strong and vibrant future. So we wish to make special mention of the $3 million educational endowment fund in the name of the tupuna Hakaraia. As I am also a believer in the power of knowing your ancestry, no matter from what ethnic mix, and a strong believer that this knowledge provides an inner strength with which to walk into one’s future, New Zealand First also wishes to acknowledge the $1.3 million being provided for a full historical account of both Waitaha and Hakaraia. This will be an asset, not only to Waitaha but to the nation. Nō reira, tēnā koutou, tēnā koutou, tēnā tātou katoa.

E ngā mana, e ngā reo, e ngā hau e whā. Tēnā koutou, tēna koutou, tēnā koutou katoa. It is my pleasure today to stand in support of the Waitaha Claims Settlement Bill. I would like to pass my congratulations to not only the fellow members of the Māori Affairs Committee but also our Minister for Treaty of Waitangi Negotiations, the Hon Christopher Finlayson. He is a tireless worker on behalf of not only the Government but also the Māori people of Aotearoa, and since November 2008 he has seen eight deeds of settlement per year signed, which is a significant number. It expresses our commitment to progress, because, as a number of speakers have said, settlements are very, very important, not just in the detail of the contract but in the spirit and the heart of what they represent to the peoples of New Zealand. So it is a very good occasion today that we can stand in support of this bill before this House.

We know that Waitaha is an ancient iwi that descends from the waka Te Arawa in the region of the Tauranga Harbour in the west across to Maketū, an area where I lived for a number of years. It is one of the more beautiful parts of our nation. I guess every one of us who comes from a different part of this beautiful land appreciates where we come from, but you would have to say that this is indeed one of the pristine and beautiful areas of New Zealand.

So you can understand, in terms of the iwi who became disenfranchised from their land, the grief that it was to them, and what that does to a people who have lost their connection and lost, in a sense, their root of where they live and belong. These matters are of utmost importance. They give people identity. They give them their sense of where they belong and their history that goes back many, many generations. So when we work hard as a Government to restore these places to people and all the various elements of this, it is not just, as I have said, to do with contracts, to do with settlements, and to do with deeds but also to do with the mana, the spirit, and the intent of what we hope to achieve.

We know that this is a great occasion, seeing this bill progress here in its second reading. I am very pleased to be a member of the Māori Affairs Committee. I think it is one of the most rewarding committees in Parliament. It is a committee that has great cross-party support and collegiality as we work together to build this nation in a better way, to see the restorations take place and the redresses take place so that people here in Aotearoa New Zealand can feel that together we are going forward. This is a great occasion. I am very happy to stand in support and speak in support of this bill. Thank you.

Tēnā tātou katoa. Tū tautoko kia kotahi te whiu o te wai i roto i tēnei Whare mō tēnei iwi mōrehu e kīia nei ko Waitaha. Tō rātou tupuna ko Hei. He matua nō Tamatekapua. Nāna te kī i te taenga mai o te waka o Te Arawa ki Aotearoa, ka pahure rātou i te wahapū i Tauranga Moana. Nāna te kī, “Te papa e takoto nei, ko te takapū o taku tamaiti a Waitaha-a-Hei.” Nō reira, i pūtake ai te ingoa o tēnei iwi. Tātou e mōhio nei ko te tupuna nei a Hei tōna tikanga, ko ōna kōiwi kei te tihi o Moehau. He maunga e pōki ana e te kohu ki roto i te rohe o Tīkapa Moana Hauraki tae noa ki Whitianga. Nā reira, tautoko i ngā mihi puta i tō tātou Minita ki a rātou.

Tō rātou tupuna ko Takakōpiri. Tokorua wāna tama, ko Kūmaramaoa me te Iwikorokē. Ngā uri o Kūmaramaoa, ka mōtia ki waenga tonu i te whare tātai o Ngāti Ranginui me ētahi kē atu, otirā, ko ngā uri a te Iwikorokē ka mau tonu ki tō rātou ingoa ā-tangata, ā-whakapapa, ā-iwi, ko Waitaha.

Nā ka heke iho ki te wā i whakaeke mai a tauiwi ki waenga tonu i a tātou ki tēnā rohe o Te Ao Māori, ka tupu te raruraru, ka mura te riri. Tō rātou tūpuna Hakaraia he mea huanga ngā mihinare ki tēnā ingoa, ka tū ki te taha o te Karauna—pēnei tonu i te tū o tō mātou tupuna a Tāmati Waka Nene ki roto o Ngāpuhi. Te take i tū pēraka ai rātou, horekau e kitea ana i roto i te aroha ki te Karauna ēngari, he rapu huarahi, me pēhea rānei ngā mate o mua e ngakia ai. Koiā tō mātou tupuna a Waka Nene i tū ai i te korenga ōna i pai kia toa ai te hīkaka nei a Hone Pokaia Heke nā te mea, ko te wahine a Heke he kōtiro nā Hongi Hika. I te takoto tonu, i te mamaha tonu ngā nawe i ēra tūpuna, take tēnā o rātou i tū ai me te Karauna.

Nā reira, tautoko i te āhuatanga o ngā mahi i oti me te huarahi rōroa atu kei te aroaro o tēnei wāhi iwi a Waitaha, kia tino whakapūmautia ai ēnei pānga o te whakawhiwhia ki a rātou. Ahakoa itiiti noa iho ō rātou marae i te mutunga, ki te whakapūmautia tō rātou ingoa i roto i tēnei pire, eke rawa ki te wā ka tū wā rātou tamariki, wā rātou uri ki te parepare, ki te kaupare atu i ngā whakawhiunga mai i te Karauna, mai i ngā kaunihera, mai te ao umanga, mai te aha? E whai pānga ana tō rātou reo, ō rātou wawata ki te mata o te ture. E kore rawa atu e taea te kī, māmā noa iho kia kauparengia ai tō rātou tū, me tō rātou rangatiratanga. Nā reira, koia tāku e tautoko ake nei.

[Greetings to us all. I rise and urge this House that the drive of support for this remnant tribe called Waitaha should be one. Their ancestor was Hei, an uncle of Tamatekapua. It was he who stated that when the Te Arawa canoe arrived in New Zealand it sailed past the Tauranga harbour. He proclaimed: “The land lying before us is indeed the abdomen of my son Waitaha-a-Hei.” So that is where the name of this tribe originated from. For those of us who are aware, the bones of this ancestor Hei, according to tradition, are resting on the summit of Moehau. It is a mountain shrouded in mist in the region from the Hauraki Gulf all the way to Whitianga. Therefore, I endorse the accolades extended to them by our Minister.

Takakōpiri is their ancestor. He had two sons, Kūmaramaoa and Iwikorokē. The descendants of Kūmaramaoa were placed directly in between the genealogical house of Ngāti Ranginui and others but, at the same time, the descendants of Iwikorokē hung on to Waitaha as a name to identify them as a person, a tribe, and for genealogical purposes.

And so we come down to the period when non-Māori came aboard right plumb in the middle of those of us in that area of Māoridom. Trouble brewed up and anger flared. Their ancestor Hakaraia was given that name by the missionaries, sided with the Crown—very much like the stance that our ancestor Tāmati Waka Nene took in Ngāpuhi. The reason why they took that stance was not because it would be seen that they were in sympathy with the Crown, but rather to seek a way instead to avenge the deaths of pre-European times. That is why our ancestor Waka Nene sided with the Crown: he did not want the brash Hone Pokaia Heke to win, because Heke’s wife was a daughter of Hongi Hika and there were still faults steaming between those two ancestors. And that is the reason why they sided with the Crown.

And so, I support the way everything has been completed despite the very lengthy process ahead of Waitaha, this remnant tribe, and I support that these shares of what is to be awarded to them will be enacted properly. Regardless of the fact they have only a few courtyards, once their name is confirmed in this bill there will eventually come a time when their children and descendants will be able to ward off, avert any chastisements from the Crown, councils, the business sector, and from where else? Their voices and aspirations will have relevance to countenance of the law. It cannot be stated emphatically enough that their stance and chiefly autonomy will be easily averted. Therefore, I absolutely support it.]

A few brief remarks. I support what the Minister of Māori Affairs and the Minister for Treaty of Waitangi Negotiations have said, although I will probably not be as charitable to the Minister of Māori Affairs on matters related to Māori land, but more on that another time.

As is the case, Treaty settlements provide an opportunity for little iwi like the one I come from, Ngāi Takoto, the small dogfish of Rangaunu. It is not the size of the dog in the fight; it is the size of the fight in the dog, and that is definitely going to apply to the people of Waitaha. We know the history of Tauranga Moana. We know the connection with the Crown assaults at Gate Pā, etc. What we do not realise is that there are some smaller tribes from around this area, and far be it from me to use too-casual language, but everyone deserves their day in the sun. Their name goes right back to the arrival of the Arawa canoe, and they have shown a great deal of pragmatism to actually accommodate decisions that the Crown has made to suit neighbouring iwi.

I do not want to recite things that have been offered by MP Delahunty, because that would move from boredom to despair, but no one should take anything other than a staunch, supportive role, and I have no truck whatsoever with the emissions we occasionally hear, unfortunately, from MP Metiria Turei on how things could have been better, would be better, if only she were in charge. These matters need broad support. All of us have our imperfections—even if it does go to the types of hats we wear occasionally—but let us not allow the debate to suffer such a level of pettiness.

So we stand and support this particular bill, the Waitaha Claims Settlement Bill. We note that there are always going to be grizzles, but this is a small iwi with a very big task. Number one: the resources they have are not capable of meeting all of their ambitions in the short term. But the most important thing that this generation of parliamentarians is doing is embedding their name, their aspirations, and their rights in the face and the body of the law. It is a key Diceyan dimension of our law that unless things are reflected overtly and clearly in the law, it is difficult for courts to import them into judicial decision-making. Although the resources may not be significant, who knows? In time, just because these people now have status—they had status of a customary nature and an ancestral nature, but the custom has now been imported into the law, and we should never overlook that.

If I think back to the 1970s and the 1980s and the contortions that the Planning Tribunal and judges of the High Court went through in order to import the Treaty—and I think the term was “an intrinsic device” or “extrinsic”, or words to that effect—those days are gone now. At least in matters of statutory environmental management and landscape management, these people’s interests and rights cannot be parried aside. So, although they are small in number and the history may have been regarded as very burdensome right up to today, but they are in the east, so the sun is going to rise i roto i Te Tai Rāwhiti [on the East Coast].

I acknowledge the members of the Māori Affairs Committee. By and large, they are a happy group of fellow travellers, though not quite as flexible as the members of the auspicious Primary Production Committee. I have no doubt that they heard submissions about how difficult it was at the margin to get a balance between Waitaha’s interests and the interests of other neighbouring Tauranga Moana iwi. That is a committee that is dedicated to passing these bills through quality stewardship when people make their submissions. There are occasional egregious lapses, not the least of which was Tau Henare’s speech last night, attacking our matua Winitana gratuitously. But these things have a way of fixing themselves. I dare say that Winston will be here post-2014, and Tau will be working for the kōhanga reo. Ēngari, he take anō tērā. Tautoko i te pire nei, tēnā koutou, kia ora tātou katoa.

[But that is another matter. I endorse this bill. Congratulations to you collectively and to us all.]

Kia ora. Tēnā tātou e te Whare. I rise to speak on the Waitaha Claims Settlement Bill. Every step towards a settlement is something to be celebrated. It is a good day in the House as we debate the second reading of the settlement signed by the Crown and Waitaha; it is especially good because it is supported by everyone across this Parliament—unanimous support.

We get unanimous support because settlements close one door and open a new and better one. Settlements close the door that leaves behind long-endured pain, wrongs, and grievances, and opens a door to new understanding, collaboration, apology from the Crown, enhanced mana of iwi, and financial settlement. That is very positive for both Waitaha and the Crown.

Because I come from Ōtautahi/Christchurch, I have spoken earlier in the House about the huge benefits of the Ngāi Tahu settlement, which was completed back in 1996. We have seen positive outcomes socially, culturally, and economically for Ngāi Tahu but also for everybody else in the South Island. We have seen the development of important and strong personal relationships between all people.

The value of those relationships that have been built has been particularly evident as Ngāi Tahu, the Crown, and local government have worked together in the rebuilding and the restoration of Canterbury after the earthquakes. We do not expect earthquakes to come along, but after a settlement we have more tools and more ability to deal with them. I am sure that similar benefits will accrue to Waitaha and to the people of their rohe.

It is enormously important that this settlement recognises the mana and reputation of the prophet and rangatira Hakaraia, a man of peace who lived in violent times. He deserves to be recognised today. It is particularly appropriate that an education fund will be created in honour of Hakaraia and that that fund will bear his name.

I would just like to thank everybody involved in getting the settlement to the House today: the people of Waitaha; the Minister for Treaty of Waitangi Negotiations, the Hon Chris Finlayson; the Māori Affairs Committee; and all members of Parliament who support this bill today. Nā reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

Tēnā koe, Mr Speaker. Tēnā koutou e te Whare. Tēnā koutou katoa e Waitaha, who are either here in the Chamber or listening to this debate. I am very pleased to stand in support of my colleagues and, particularly, of the iwi, supporting this legislation, the Waitaha Claims Settlement Bill, and the Supplementary Order Papers that will follow during the Committee stage. I just want to take a short call.

I would just mention first that it is a shame that both Chris Finlayson and Shane Jones chose to use this debate to make personal attacks. The Green Party has a very clear position of support for settlement bills, and we are also prepared to speak truths to the concerns and constraints that are contained in the process. The whole point of these debates is to be able to tell the full story, not just that which the Government prefers—and its supporters, potentially, prefer—to hear. One of the examples of that, I guess, is in this bill. One of our concerns has always been that, because of the nature of these deals, they are negotiations. They are not about the genuine and full recompense and compensation for loss that was suffered. They are negotiations, they are deals that are done, and therefore there have to be compromises. Most of the compromises are made by the iwi, because much of the process and the constraints around the restoration, whether it is financial recompense or cultural recompense, are already determined by the Crown when they enter into these discussions. That is described, albeit briefly, in this legislation as well, with the concern over the Waiari Stream Conservation Area.

I do just want to acknowledge for Waitaha that this deal does not meet all of their needs, and that they are concerned about some of the provisions in this deal. They did not agree with the way that the Crown approached the issue of the Waiari Stream Conservation Area and they did not want this particular part of the proposal to be included in the legislation. There is nothing outrageous about that. There is nothing to attack other parts of the Government or the State over that. It is a fact, and it is an important fact to note, because this is the reality for the iwi—who do not have a voice in this Parliament. They are not here to tell this Parliament what they think about this deal. They are the receivers of it.

So it is important for these stories to be told—this being one example of it—that iwi have to make compromises to get these settlement deals through. Those compromises come at a real cost to them—either a real cost to them culturally in terms of their stories or a real cost to them financially in terms of whether or not they can use these settlements for genuine financial stability in the future. It is very difficult often, especially with smaller settlements, to make sure that the financial recompense is able to be used in a real way long term. Often it is too small. That is another reality that iwi have to face. Chris Finlayson may want to attack the Greens for saying this, but these are the realities of settlements.

I agree with Catherine Delahunty on these issues, but also I would note that one other way that the State can make recompense, as she described, is having a commitment to telling these stories as a Pākehā organisation to Pākehā in the local communities. I have been doing settlement bills for a very long time now, and there is a constant concern from local people about the return of particular kinds of land. There is constant concern about whether it is conservation land, reserve land, or land that may be held by the council. What is happening? Why is it the case that this land is being returned? They do not know. They do not have access to the information, and there is no agency in this country that is responsible for making sure that they do.

If we are to have a settlement of the particular issues raised by the iwi or, through the tribunal, the claims, that is one aspect of it. The other aspect is that at the end of the day the iwi have to go back and live and work in these areas with their local community under these new circumstances. They should not be responsible for talking to Pākehā communities about these deals. It is not for them to explain what the Crown did wrong and how the Crown is trying to right that. It is the Crown’s job to do that. But there is no explicit process for doing that. There is no commitment. That alone would go a long way towards making sure that when iwi return to their communities to have to deal with the future consequences of these deals, they are doing so in an environment of understanding and acceptance, and not one, often, of fear and concern. That alone will help to make sure that these settlement deals do have long-term benefits for the iwi and for the community as a whole.

Whether other parties choose to attack the Greens for talking about these issues is up to them. It is disappointing, but it is also revealing. I did not quite realise that Chris Finlayson had such an interest in women’s fashion, and if he would like, I am quite happy to send to him the contact details for Adrienne Winkelmann if he would like a fitting at any time in the future. But I am most concerned to make sure that the iwi are having at least some of their concerns expressed, as they are set out in this legislation.

I welcome the bill. I welcome this settlement for them. I welcome the attempt to restore some mana to the Crown for the loss and for the harm that the Crown has caused to that iwi. In particular I want to acknowledge Tau Henare and his comment that genocide is a word that is reasonable to use in this Treaty settlement context, and that we should not shy away from the fact that much of the Crown’s attitude to Māori in the past was a genocidal one and that iwi have suffered from that as a result. Again, these are just the truths of our history, which, once dealt with openly, can then be moved on from—for Pākehā communities, as much as for iwi themselves. Tēnā koutou katoa.

It is my pleasure to take a call on the Waitaha Claims Settlement Bill this morning. I just want to pick up on a point that the previous speaker from the Greens, Metiria Turei, talked about. She used the word “deals” over and over and over again in her speech. I do not believe this is a deal. I actually believe this is a settlement, and to keep on calling this settlement a deal devalues what this is and the work that has been put into it.

As we know, settlement bills take a lot of hard work. They take a commitment from Waitaha. They take a commitment from the Minister. They take a commitment from the select committee. All of them are working together to ensure that we are here in this House today debating the second reading and the Committee stage of these bills. A lot of work has gone into this settlement bill. Because of that, I think we have got a good, enduring settlement, moving forward.

Much of the claims around this bill relate to the outbreak of the Tauranga war and the impact of the Tauranga confiscation, the operation and impact of the native land laws, and the further losses in the 20th century around the land. I do not think the Crown really ever understood the spiritual and holistic relationship that Waitaha had with their land. I know many speakers before me today have spoken about the loss of this land, which led to the loss of the identity of the people, which then nearly led to a lost iwi. I do not think we have really appreciated up to now, up to this settlement process, how significant that has been for the iwi.

One thing that I like about these settlement bills is the history that gets put in our Hansard for ever—the history of these iwi and how we have got to this point now, and the grievances that have been in place. So these settlement bills are not just about financial redress and not just about the deal. They are also, actually, about the cultural redress, and that is just as important as, if not more important than, the financial redress. But I also think settlement bills are about the future and are for future generations. Part of the money that is going towards education in this redress is, I think, very, very important. I look forward to speaking to this bill further in the Committee stage and third reading. Thank you.

Bill read a second time.

In Committee