Ngāti Hauā Claims Settlement Bill, Ngāti Koroki Kahukura Claims Settlement Bill
on behalf of the Minister for Treaty of Waitangi Negotiations: Tēnā koe. I move, That the Ngāti Hauā Claims Settlement Bill and the Ngāti Koroki Kahukura Claims Settlement Bill be now read a first time. I nominate the Māori Affairs Committee to consider these bills. Nā reira, tēnā koutou, tēnā koutou, koutou kua hara mai nei ki te Whare Pāremata i tēnei rā, te wā i pānuihia tuatahingia ngā kōrero mō te pire i mua i te Whare i tēnei wā. Nā reira tēnā koutou, tēnā koutou katoa. Kei ngā rangatira i kite koutou i a Tariana i konei ēngari, kua karangahia kēngia te Minita ki tētahi atu hui i tēnei hāora tonu. Nā reira, kua pā nei ki ahau te hōnore kia pānuihia āna kōrero ki a koutou i te ata nei. Nā reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.
[So greetings and salutations to you who have come to this Parliament House today at the first reading of what this bill that is before the House at this moment is about. So well done and congratulations to you all. You saw Tariana here, leaders, but she was called away instead to another meeting that is in progress right now. It is my privilege indeed to present her comments to you this morning. So greetings, salutations, and congratulations to you all.]
Unfortunately, Minister Turia has had to leave for the moment, so I have the honour of reading her paper to you today on this claim. In doing so I acknowledge the most distinguished manuhiri who have come to this House today, in keeping with their sacred relationship that both Ngāti Hauā and Ngāti Koroki Kahukura uphold for the Waikato River. The Waikato River gives rise to responsibilities to exercise their manawhakahaere in accordance with tikanga to protect the mana and mauri of te awa. This is a deeply felt obligation; a responsibility outlined clearly in the text of this legislation. We learn, for example, in clause 8(5) “For many generations the Waikato River has been perceived as a tupuna, a living taonga, and a critical resource for Ngāti Koroki Kahukura.” As a result of this profound respect, the deterioration of the health of the Waikato River while under the authority of the Crown has therefore been a source of significant distress to both Ngāti Hauā and Ngāti Koroki Kahukura. Waikato taniwha rau, he piko he taniwha, he piko he taniwha.
[Waikato of a hundred chiefs, at every bend a chief, at every bend a chief.]
Today, then, is about recognising the grievances, acknowledging the longstanding failure of the Crown, and articulating the sense of harm and injury caused to generations who have been wronged. But first we must traverse the history that led us to this point.
The deed of settlement signed on 18 July 2013 with Ngāti Hauā has its genesis in the traumatic armed conflict suffered in the 1860s. For two decades prior, Ngāti Hauā had established a strong economy, located at Pēria. They were governed by the first Māori King, a relationship negotiated and navigated by their rangatira, Wīremu Tamihana. However, in the early 1860s the relationship between the Crown and Kīngitanga deteriorated. During the invasion of 1863 and 1864, many Ngāti Hauā were killed or wounded. In 1865 the Crown confiscated a large area of Waikato land. The raupatu caused destitution within the Ngāti Hauā rohe, leaving them virtually landless. In May of that year Tamihana laid his taiaha at the feet of a British officer and signed te maungarongo, the covenant of peace. Until his death the next year, he sought the return of the lands, a cause that was subsequently pursued by his son Tupu Taingakawa, in his role as tumuaki of Te Kauhanganui. By the 1880s private parties had acquired a large quantity of Ngāti Hauā land. The alienation was exacerbated in the 19th and 20th centuries through public works for roading, railways, schools, and hydroelectric purposes. Slowly, surely, and comprehensively, the landscapes and waterways within the Ngāti Hauā rohe were forced out of their hands. The loss of land undermined their social and traditional structures. It removed the ability to exercise customary rights and responsibilities.
Despite a long history of seeking a meaningful relationship with the Crown, Ngāti Hauā have endured great prejudice. Today, with this legislation, we mark a new chapter—a new relationship with the Crown based on respect for the mana and rangatiratanga of Ngāti Hauā and its leaders. Although the raupatu claims were settled under the Waikato Raupatu Claims Settlement Act 1995 and the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, this bill provides for the full and final settlement of Ngāti Hauā’s historical Treaty claims. Kia ora koutou. There is a substantial cultural redress package, including the vesting of eight sites of cultural and historical significance, the administration and provision for the vesting of the Waharoa aerodrome, the vesting and gifting-back of Te Tāpui Scenic Reserve, provision for the conservation relationship, provision for a taonga tūturu protocol, and, amongst all the other elements, the extension of the co-management instruments for the Waikato River. There is also a commercial redress package, including the purchase of two school sites and rights of refusal over other properties from the New Zealand Police, the Ministry of Justice, Land Information New Zealand, the Department of Conservation, and the Waikato District Health Board.
But perhaps of all the acknowledgments made, by far the most profound may come in the way of words. And so today we pay tribute to all those who descend from the eponymous ancestor Hauā: Ngāti Te Oro, Ngāti Werewere, Ngāti Waenganui, Ngāti Te Rangitaupi, and Ngāti Rangi Tāwhaki. We commend to you the apology from the Crown, which recognises that the burden of pursuing justice has been the work of generations of Ngāti Hauā. Tēnā koutou e kaha nei ki te noho tahi i te Minita nei a Finlayson ki te whiriwhiri i te kaupapa, te huarahi e pai ana mō koutou kia tae ki tēnei wā. Nō reira, ngā mihi nui ki a koutou.
[I commend your efforts to work alongside this Minister Finlayson to choose the best theme and way for you to arrive at this point in time. Therefore, a huge acknowledgment to you collectively.]
This morning we also take time to recognise the journey that Ngāti Koroki Kahukura have travelled—in particular, the failure of the Crown to protect their traditional tribal structures and to respect and to provide for their unique relationship with Maungatautari and Waikato rivers. The circumstances around this settlement for Ngāti Koroki Kahukura date back to early 1840, when the people were enjoying the profits of economic prosperity associated with successful trading ventures with Europeans. By the end of those two decades, however, with tensions rising, Ngāti Koroki Kahukura decided to place their lands under the protection of the Māori King to safeguard their lands from alienation. Peace, however, was short-lived. In 1863 war broke out, resulting in the deaths of some of Ngāti Koroki Kahukura and the capture of others, including their esteemed rangatira Tīoriori. Despite their preferences for peace, Ngāti Koroki Kahukura were named as rebels, and for that status had much of their land confiscated. Maungatautari was their tipuna, their ancestral mountain, central to their identity, yet the land in and around the maunga became victim to Crown-imposed tenure reform.
The bitter consequences of confiscation and land alienation forced Ngāti Koroki Kahukura into more than 50 Native Land Court hearings before 1901. The adverse impacts of invasion by others in their rohe were many. Swamps and wetlands were drained, the river polluted, and the construction of the hydroelectric power schemes has depleted traditional fisheries and flooded their culturally significant sites, including urupā. By 1950 many were migrating from their traditional rohe, becoming disconnected from the very essence of all they are.
This cognate bill addresses the grave injustices of the Crown, the unfair labelling of Ngāti Koroki Kahukura as rebels, and the longstanding grievances that are long overdue. It acknowledges that their spiritual relationship with their ancestral maunga and awa have been adversely affected by the operation of native land law. The cumulative impacts have led to the economic, social, and environmental degradation of the people of Ngāti Koroki Kahukura. The bill, therefore, includes a cultural redress package, including the vesting of 15 sites of cultural and historical significance, statutory acknowledgments over 6 sites of significance, and it states, amongst other measures, that Maungatautari Mountain Scenic Reserve is to be owned by the Maungatautari community.
The bills we consider today within the context of the cognate format give expression to acknowledgment that reveals the Crown is deeply sorry and profoundly apologises to the ancestors and descendants for the hardship endured. Is it sufficient? Is reconciliation able to be experienced in our lifetime? You know, as we read these things to you—your history, your pain, and your endurance—it just hammers home the fact that New Zealand does not know our history, and its people need to know it. They need to know it in schools. They need to know the pain over generations that has been handed down, the stories. Then maybe they will understand what is mana whenua, what is tangata whenua, and then there will be no difficulty naming one island Te Wai Pounamu and the other one Te Ika-a-Māui. So I acknowledge you for coming today, and I again apologise that Tariana Turia got called away and you got me instead. Nō reira, kia ora koutou. Tēnā koutou. Thank you.
Tēnei e tāpiri atu i āku mihi ki a koutou i uru mai nei ki roto i tēnei Whare. Nō reira, Ngāti Hauā, ko koe tērā te tumuaki, me koe Ngāti Koroki Kahukura, tēnei te mihi aroha ki a koutou katoa.
[I add my acknowledgments to you collectively who have entered this House. That is you, Ngāti Hauā, principal negotiator, and you, Ngāti Koroki Kahukura. So a loving salutation to you all.]
We have not got much time. We are reading two bills in conjunction, the Ngāti Hauā Claims Settlement Bill and the Ngāti Koroki Kahukura Claims Settlement Bill. I do not want to mince my words. I want to give those who have come to hear the first readings of these bills the assurance that we want to give the legislation full attention at the Māori Affairs Committee, but we want to pass it fairly quickly so that you can get on with doing what you need to do.
Firstly, I want to make a few points with regard to the Ngāti Hauā settlement. The interests represented within this settlement are extant to those agreements that were reached under the 1995 Waikato Raupatu Claims Settlement Act. It is important to mention, so that people who are not familiar with the history of the Waikato region are aware, that these are legitimate and important claims, which were not covered within the boundaries of the confiscation settlement that was reached earlier in 1995.
Secondly, I think that for Ngāti Hauā there are two particular aspects that relate to the history that Minister Sharples was talking about that would be of significant interest to members of Parliament: firstly, the Tumuakitanga and the accord to recognise Wīremu Tamihana and his descendants and the role that they played in relation to the Kīngitanga movement, and the importance of having an enduring relationship. So within the context of this bill it is important that the nature of that Crown-iwi relationship with Hauā is embodied within the context of the tumuaki accord.
Secondly, of particular interest to the House will be Te Kauhanganui within Ngāti Hauā. As members will recall, when Māhuta came down and sat in this Parliament—and we have celebrated some 100 years since that time—there was a Māori Parliament within the area of Ngāti Hauā, for which they have now done up the building. It is an important historical feature within the area, and I know that the member Lindsay Tisch will be familiar with that. It has a lot of historical records and artefacts that are significant to the history of New Zealand, and, again, there have been aspects of this settlement that seek to ensure that its contribution can be a rich part of New Zealand’s history.
Extending the accords, or the relationship of Hauā to the Waikato River, to that particular part of the catchment becomes significant. There are major waterways running into that area. We have just had the local body elections. There have been two newly created Māori seats. People want to ensure that there is going to be some greater contribution of, certainly, iwi-hapū interests with regard to catchment management and resource management within the area. I am sure that the pillars of the Hauā settlement and its intent will seek to make that real.
In regard to the other aspects of the redress that the Minister spoke about, I can say only that they will ensure that Hauā are able to do things that help their children thrive and prosper, that will continue to unite and strengthen the hapū within the Hauā area and the marae—which are very active—and, more important, that will ensure that there is going to be growth and opportunity in a part of the country that is very rich and fertile, and that is a gateway, if you like, through the Waikato region to Tauranga, and also to Taupō and to Rotorua. So I certainly applaud those who have negotiated this settlement.
This is just the first reading. The legislation will go to the Māori Affairs Committee. We will peer over it, we will bring it back for the third reading, and we will get it back to you as soon as we can.
For Ngāti Koroki Kahukura, the next thing I would like to say is that there is an important relationship between Koroki Kahukura and Hauā. Again, they are somewhat linked through the geography and the adjacent relationship of the areas but also through whakapapa, which is enduring into contemporary relationships of this time.
Again, the interests in this particular claim become significant for the select committee today because we are also hearing the Raukawa settlement claim. I want to draw the attention of the House to the nature of Koroki Kahukura’s relationship with both Waikato and Raukawa and to put a point on the expectations of how that relationship relates to a bill we are currently hearing in the select committee. A letter like a relationship accord was written between the Raukawa Trust Board and Ngāti Koroki Kahukura Trust on 8 May, and if it pleases the House I am happy to table it if members should wish to see that for their own interest.
There are three paragraphs that I would like to single out and read for the Hansard record. When we are considering the Raukawa settlement bill and the interests of Ngāti Koroki Kahukura and their settlement, we can be assured through the select committee process that there is no impinging on one another’s interests, because clarity has been reached between the two iwi and is nicely set out in the letter.
It reads as follows. Paragraph (3) says: “As a part of our undertakings to each other, Ngati Koroki Kahukura acknowledges that the Raukawa rohe includes the Maungatautari rohe and extends to Te Tiki O Te Ihingarangi and Te Taurapa O Te Ihingarangi. For its part, the Raukawa Trust Board acknowledges that from a Raukawa perspective the mana whenua, mana whakahaere and kaitiaki within the Maungatautari rohe is held predominantly by Ngati Koroki Kahukura.” It goes on to say: “For the purposes of this letter the Raukawa Trust Board acknowledges the specific dominant mana whenua (ahi kaa), mana whakahaere and kaitiakitanga of Ngati Koroki Kahukura in the following resources: a. The Waikato river …”—and then there is a description of that—“b. Pukekura, Horahora, and Maungatautari land blocks (excluding titles west of Maungatautari and specifically excluding Parawera marae and surrounding area); and c. Maungatautarimaunga.”
The letter culminates in paragraph (11): “Ngati Koroki Kahukura Trust and the Raukawa Trust Board agree that Ngati Koroki Kahukura descendants will be unable to access Treaty of Waitangi financial or commercial redress benefits from the wider Raukawa Treaty Settlement unless this is through another Raukawa whakapapa. To reinforce this, the Ngati Koroki Kahukura Trust agrees that it will indemnify the Raukawa Trust Board against any claims that Ngati Koroki Kahukura descendants may have against the Raukawa Trust Board with respect to any settlements achieved through the Ngati Koroki Kahukura Trust.”
I have read that out for members so that we understand that within the context of the Raukawa settlement that is being heard by the select committee, committee members have to assure themselves that there is no crossing over of interests—that the boundaries are very clear—because what has been reached in the Koroki Kahukura settlement is very clear. If there is any shadow of a doubt that it is impinged upon by another settlement, then we have got a level of concern. I would not say that it is substantial, but it is an area where greater clarity might need to be given within the context of a related settlement.
As I said, I will not dabble about with my words. I think we should be considering this legislation with the fullness of interest that it deserves, but let us get on with it, get it through the House, and return it to Koroki Kahukura and Ngāti Hauā, so that they can do what they need to do for their people. Kia ora.
I want to begin by thanking both iwi for agreeing to the Ngāti Hauā Claims Settlement Bill and the Ngāti Koroki Kahukura Claims Settlement Bill proceeding in this manner so that they can get to the Māori Affairs Committee as quickly as possible. These non-raupatu settlements, together with the settlements contained in the Waikato Raupatu Claims Settlement Act 1995 and the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, provide for the full and final settlement of the historical Treaty claims of Ngāti Koroki Kahukura and Ngāti Hauā.
I want to begin with a few acknowledgments: first, Ngāti Koroki Kahukura. Their settlement would not have been possible without the knowledge and the dedication of their trustees and negotiators. I for one certainly appreciate their willingness to engage with the community and consider alternative and novel options. I acknowledge them and I look forward to working with them as we take this legislation through the House.
I also want to acknowledge the hard work, commitment, and perseverance on the part of the Ngāti Hauā negotiators—most notably, the role of the Tumuaki, whose leadership has contributed to the timely success of the settlement. I particularly acknowledge the trustees for their tireless efforts in reaching this day. I also acknowledge the claimants who have carried the claims of their tūpuna, and those who suffered because of the actions and omissions of the Crown. I want to acknowledge particularly those who have passed on without having seen the fruits of their labours.
Let me say something about the negotiations. For Ngāti Koroki Kahukura, the journey to this first reading has indeed been a challenge. The Crown recognised the mandate on 17 June 2010, and the parties initialled the deed of settlement on 2 November 2012. Following ratification, the deed was signed on 20 December last year. However, there were community concerns about the transfer of Pukeatua cemetery, one of the sites included in the settlement package. I particularly acknowledge the gracious actions of Ngāti Koroki Kahukura in agreeing to reconsider the redress over the cemetery and to remove the cemetery from the settlement package. The Crown provided substitute redress to Ngāti Koroki Kahukura. The deed to amend, outlining this agreement, was signed recently. So I really appreciate the willingness of the iwi to agree to changes to their package that allowed the Crown to address these concerns.
A novel aspect of this settlement and this bill relates to that beautiful maunga Maungatautari. I refer members to clause 72 and to the definition of “Te Hapori o Maungatautari” in clause 71. This is the iwi’s ancestral maunga. It is a symbol of Ngāti Koroki Kahukura identity. It has provided the iwi with shelter, protection, and sustenance. The local community and other iwi also care greatly for Maungatautari. There is a beautiful scenic reserve up there, and I acknowledge the hard work of the community and the farmers up there in developing this very special reserve over recent years. Their actions have really disclosed the generosity of spirit of their community.
As part of the settlement the Crown acknowledges Ngāti Koroki Kahukura’s relationship to the maunga, and working together we have developed some special redress affecting it. The bill provides for iwi with customary interests in Maungatautari and members of the wider community connected with Maungatautari to be named as the registered proprietor for the mountain’s scenic reserve. The site’s scenic reserve classification under the Reserves Act 1977 will remain and the Waipā District Council will continue to manage the reserve.
I particularly want to thank the negotiators and members of the iwi for the way in which they have approached this issue. In some respects a few clauses in a bill just does not do justice to the amount of negotiation and the amount of thinking that needed to go into that particular part of the settlement. I also particularly want to thank Louise Upston, the chief whip of my party, for her tremendous contribution. It was over and above what one would expect of a local MP in terms of working closely with me and with all relevant parties to get to a good result.
I want to say something about the Ngāti Hauā settlement. Towards the end of last year representatives of the iwi visited the Minister of Finance and me and said that they wanted the Treaty equivalent of a rocket docket. They wanted to negotiate the settlement and not mess around, and they wanted to do it within about 6 months. After they left, my response could have been put up on a Tui advert—“Yeah, right!”—because I did not think that it would be possible to achieve a settlement in such a short space of time. In fact I thought, frankly, that it was impossible. I do not know what Mr English thought. He just wants me to get on with these matters. But I have to say that, indeed, I was proved wrong.
We went from deed of mandate to deed of settlement in 7 months—the fastest time in which a Treaty settlement has been achieved. The deed of settlement was recognised in December 2012. The deed of settlement was signed on a beautiful day in the Waikato—where, Mr Assistant Speaker Tisch, you would say that every day is a beautiful day, in the Waikato—on 18 June 2013. Without, of course, bringing you into the debate, Mr Assistant Speaker, can I say how delighted I was that you were with me on that day because you have always had a particular interest in this settlement.
This streamlined settlement is a tremendous achievement. It is a great testimony to the leaders of Ngāti Hauā and to their clear and pragmatic approach. It should be said that speed is, of course, no substitute for getting the thing right, and, indeed, speed did not mean that the i’s were not dotted and the t’s were not crossed. But it was hard work, which has enabled all parties to achieve a just and a durable settlement quickly, and I am really glad to see a number of those who were involved in those negotiations represented in the gallery today.
A key part of their settlement is the vesting of Maungakawa, the ancestral maunga. It is very important to the iwi and New Zealand as the site, in the foothills, of the first Māori Parliament. The bill provides for the vesting of Maungakawa in Ngāti Hauā as a scenic reserve, with public access maintained. Ngāti Hauā’s rangatira Wīremu Tamihana, year in and year out, sought a constructive and a peaceful relationship with the Crown. On several occasions he petitioned Parliament, detailing the events leading up to and during the Waikato Wars, to seek recognition for the harm done to his people and to find a pragmatic way to move forward. His claims were ignored, so today I am very pleased to stand in this House and work with other member to make amends for the way in which he was treated over a century ago.
These settlement bills are now ready to be referred to my friend Mr Henare and his team on the Māori Affairs Committee. I am sure that they are going to address these bills diligently and return them to the House in the very near future. The challenge, of course, will be to return them to the House as quickly—in relation to Ngāti Hauā—as the deed of settlement was negotiated. It takes a lot to beat Lance and the team, but I am sure that Tau will give it a really good go.
Tēnā koe, Mr Assistant Speaker. Ngāti Koroki Kahukura, Ngāti Hauā, tēnā koutou. Nau mai, hara mai ki te Whare Pāremata e takatū nei. Rau rangatira mā, tēnā koutou, tēnā koutou, tēnā tātou katoa.
[Thank you, Mr Assistant Speaker. Acknowledgments to you, Ngāti Hauā and Ngāti Koroki Kahukura. Welcome to Parliament House in readiness here, welcome. Salutations and congratulations to you, the many leaders, and to us all.]
I stand to tautoko and support these bills, the Ngāti Koroki Kahukura Claims Settlement Bill and the Ngāti Hauā Claims Settlement Bill, for these two iwi, Ngāti Koroki Kahukura and Ngāti Hauā. The bills have been joined together for this first reading stage, but I understand that they will be split out when we get to the final stages.
This is another historic occasion. As I like to do, I like to traverse the history of all of these visitors who come here to Parliament. The history of the Waikato Wars raises its ugly head once again. In this House we turn our attention to the claims settlement bills for Ngāti Koroki Kahukura and Ngāti Hauā, two very closely related whānau, who were drawn into conflict due to the Crown’s troops crossing the aukati at Mangatawhiri. The Christian chief Wīremu Tamihana, also known as Tarapīpipi, was the son of the famous Ngāti Hauā warrior chief Te Waharoa. At the death of his father, Tamihana assumed the mantle of his father, and he was the first of his generation of the sons of chiefs who learnt Christian doctrine and who learnt how to read and write in English and Māori. He was certainly a man of his time.
After his father’s death he started a new community and built a church at Te Tāpiri. It is said that the church could hold 1,000 Māori. The community’s rules were the Ten Commandments of God, as given to Moses on Mount Sinai all those years ago. Three hundred people lived at that settlement, all governed by the word of God. In the 1850s Tamihana built another Christian community, named Pēria. Pēria was a much larger community than Te Tāpiri. It had a post office, a schoolhouse, and a flour mill. It was administered by a tribal committee of rūnanga. Pēria soon became a prosperous community through trading with Europeans locally and as far afield as Tāmaki. Even that tino taniwha known as John Gorst, at that time a civil commissioner in the Waikato, was impressed with the political, social, and secular way in which Pēria was run.
We know of Tamihana’s concerns about land sales and how he soon realised that the Government was not listening to growing Māori concern over alienation of Māori land. History records Tamihana’s support for a pan-tribal council, which ultimately became the Kīngitanga. Tamihana’s preference for kōrero over violence remained consistently in the forefront of his mind. He was a reluctant combatant who gave up his taiaha in a gesture of peace.
Then came the raupatu—the devastating loss of land and mana by hundreds upon hundreds of hapū of many, many iwi, from Tāmaki to Taupō and across to the Bay of Plenty. What became of Pēria? Well, like everything in the raupatu, it was lost. It was taken unjustly. A thriving Christian community involved in commercial transactions with Pākehā Europeans was forfeited. The community of Pēria’s economic base was completely wiped out and the families left destitute. They never ever recovered.
The loss of Pēria is but one story of grievance and loss that runs through the histories of Waikato-Tainui, Ngāti Raukawa, Ngāti Maniapoto, Ngāti Koroki Kahukura, and Ngāti Hauā in the Kīngitanga. There are many, many more. It seems to me that the last thing the Crown needed during the New Zealand Wars was a Māori community that was seen to be thriving and prosperous. Pēria, under Wīremu Tamihana, and Parihaka, under Te Whiti and Tohu, bear a striking resemblance. They were two communities given over to Christian values and run by tribal rūnanga with their own leaders, and whose communities had started to acquire the tools of their European neighbours—Christianity, education, a post office, and flour mills. In the 1850s Pēria, like Parihaka was to become, must have been the envy of Māori and Pākehā alike.
This story of Tamihana and of the communities he established underpins this settlement in terms of the history for these iwi. I am looking forward to doing my bit as part of the Māori Affairs Committee as we go through the aspects of this bill and as we hear the submissions. We have got a lot of work on our plate. We have quite a full work programme, but I know that we will be getting through that mahi as expeditiously as we can. I would like to acknowledge the Minister for Treaty of Waitangi Negotiations for giving us plenty of mahi to do. I would also, once again, like to acknowledge the whānau of Ngāti Hauā and Ngāti Koroki Kahukura who have travelled all this way to be here at this first reading. I commend this bill to the House. Tēnā koutou, tēnā koutou, tēnā tātou katoa.
I understand that the next call is a split call—Denise Roche.
Tēnā koe, Mr Assistant Speaker. Tēnā koutou e te Whare. Ki ngā rangatira o Ngāti Hauā me Ngāti Koroki Kahukura, tēnā koutou, tēnā koutou, tēnā koutou katoa.
[Thank you, Mr Assistant Speaker. Greetings to you collectively, the House. To the leaders of Ngāti Hauā and of Ngāti Koroki Kahukura, salutations, acknowledgments, and congratulations to you all.]
I would like to acknowledge the people in the gallery today from Ngāti Koroki Kahukura and Ngāti Hauā, and I maintain that to stand in this House to speak on the Ngāti Hauā Claims Settlement Bill and the Ngāti Koroki Kahukura Claims Settlement Bill is a privilege. It is a privilege to speak on your bills. Each of the iwi who are recognised in these bills is recognised through a separate piece of legislation, but the legislation is going through together as part of the proceedings. I will speak mostly on the Ngāti Koroki Kahukura Claims Settlement Bill, while my colleague Catherine Delahunty will speak on the Ngāti Hauā Claims Settlement Bill after me.
I am mindful that when a Treaty settlement bill comes to this House, it represents decades of work across generations. I pay tribute to those who have bravely fought for justice and to bring this legislation to this House. I acknowledge the struggle it has taken to have this legislation brought here today.
One of the most important aspects of the legislation is that, together with the deeds of settlement, it records the historical nature of the grievances that the legislation seeks to address. It also records the apology from the Crown. The grievances that the Ngāti Koroki Kahukura bill addresses date back to the 1860s and, of course, to the wars in the Waikato. In July 1863 the Crown invaded the Waikato, as we have heard, and some Ngāti Koroki Kahukura were killed, and their rangatira Tīoriori was among those who were captured. Tīoriori was captured while he was going to the aid of a wounded British soldier—an officer. He was eventually released, but Ngāti Koroki Kahukura were labelled as rebels by the Crown and their land was confiscated. From 1865, with the creation of the Native Land Court, more land was alienated, and large areas of land were sold by individuals without reference to hapū or iwi. That included the land on and around Maungatautari, Ngāti Koroki Kahukura’s ancestral mountain. So by the end of the 20th century Ngāti Koroki Kahukura was left virtually landless. By 1901 the iwi had been involved in more than 50 Native Land Court hearings, and that has contributed to their alienation from their land.
The bill recognises the relationship that the iwi Ngāti Koroki Kahukura has with Maungatautari and also with the Waikato River. Ngāti Koroki Kahukura is defined as part of the Waikato-Tainui under the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010. They will continue to be represented by the Waikato Raupatu River Trust. However, with this bill, Ngāti Koroki Kahukura will have co-management enshrined in legislation and acknowledged, and they will receive the tools to enact integrated river management plans for the awa in their own domain. The settlement includes $3 million for financial and commercial redress, $3.2 million for cultural redress, the return of some lands, and the right of first refusal for other properties.
I have to state for the record that, as Greens, we do not believe that this is a full and final settlement, despite that being referred to in the settlement. The ramifications of the Crown’s actions are not final because generations to come will still be affected. We believe that this is a deal. It is the best deal that the iwi can get. But Ngāti Koroki Kahukura’s generosity in accepting the financial and cultural redress package when it in no way fully compensates for what has been lost should be acknowledged.
There is also the issue of the Crown determining with whom it will negotiate and with whom it will not. That was stated very clearly in a submission from Ngāti Koroki Kahukura that they made on the Raukawa Claims Settlement Bill. We have become increasingly concerned that the recognition that the Crown accords to some and not to others can set Māori against Māori and create more grievances.
Having said that, I acknowledge that today is to be celebrated, and I acknowledge the huge generosity that this iwi has shown in taking its part in creating this settlement today. We will be supporting this bill. Thank you.
Tēnā koe, Mr Assistant Speaker. Tēnā koutou e te Whare. He mihi nui ki te tangata whenua o Waikato Ngāti Koroki Kahukura me Ngāti Hauā. It is very humbling to speak here today. I am a neighbour from Hauraki. I want to acknowledge Ngāti Hauā, in particular, because I believe it is time for Pākehā to learn to be good neighbours and to acknowledge our neighbours in the truer sense through Te Tiriti o Waitangi. So we are honoured to speak on this bill, the Ngāti Hauā Claims Settlement Bill, today. I would also like to acknowledge the Minister for Treaty of Waitangi Negotiations and the negotiators for what has obviously been a remarkable negotiation with great efficiency, and that is something that Ngāti Hauā and the Government can be proud of.
The Ngāti Hauā settlement is an important issue for this Waikato iwi, who experienced a massive raupatu. The proud descendents of Wīremu Tamihana Tarapīpipi and others have done their very best to gain a better future for their mokopuna. Again, the settlement has some positive cultural and commercial elements, but we have to stop and weep for what these people have lost since their tūpuna experienced the full weight of a colonial juggernaut that was intent on the fertile lands of their rohe and their maunga from Te Aroha to Maungakawa.
Te Aroha, where Ngāti Hauā, as well as Ngāti Rāhiri Tumutumu and Ngāti Hako, have fought long and hard for the clean-up of a 20th century destruction by the Tūī Mine toxic site, which has finally occurred—I am one of those working to see that this never happens again on that sacred mountain—through to the dairy lands and to the very interesting issues in the Ngāti Hauā Claims Settlement Bill, such as the aerodrome issue, which just shows the huge need for redress and the undeniable call for justice, not just because of the 1860s, but because of the 1950s and beyond.
I would like to return to the long shadow of a particular incident—the burning of unarmed women and children at Rangiaowhia. That caused angry anguish for so many, including Wīremu Tamihana, the Kīngitanga, and his people, who lost faith in the Crown and in the messages of the supposed Christians, whose missionaries preached a wonderful message of peace but whose soldiers killed the innocent in a place of sanctuary. It does not get much worse than that.
It is my belief that on the walls of this Chamber we recognise many wars, but we will have finally matured as a nation when we recognise the wars that took place in our own country and the people who died on both sides of those conflicts with honour and respect—to our own history as well as our global responsibilities.
If we look at the specific issues covered in the bill and the redress, they are not related to the raupatu issues covered in the other Waikato settlement bills, which include Ngāti Hauā and include where Ngāti Hauā’s loss has been acknowledged. They address non-raupatu claims, and there are some very creative and good ideas in here. The cultural redress is covered by a cultural protocol that binds other legal instruments such as the Resource Management Act and the Historic Places Act, and requires serious consideration of the Environment Court. I hope these things come to fruition.
There are eight sites that are also being vested in various ways, including a number of reserves, notably Maungakawa, which is such an important maunga, and also the Pukemako site A and Pukemako site B historic reserves, which are revoked and vested in joint trustees. So you see the coming together of the communities to govern these three management plans.
Obviously there are many significant issues, including the issues around the Māori Parliament, Te Kauhanganui, and the recognition of the extraordinary tupuna Wīremu Tamihana. But the story I want to focus on a little bit is the Waharoa aerodrome. This is a classic story of land taken for an aerodrome in the 1940s during the War, and then the complete failure to return it after the War. Instead, the Public Works Act was used again as a legal instrument of oppression to legitimise the confiscation. This land is now to be managed by a permanent committee of trustees with very specific powers and with limits on their powers. I hope that this committee will result in a genuine and lasting benefit to the hapū of Raungaiti Marae, because I am very aware of the losses that continue to this day for those communities.
Again I would say that the bill was negotiated very efficiently and I look forward to its future progress. The Crown has apologised for breaches of Treaty rights from the 1860s and the 1950s, and it has acknowledged the direct and the devious means employed to strip these hapū of their fertile lands, sacred rivers, and maunga. As we heard from our previous speaker, thriving communities with a strong economic base were totally destroyed and have not recovered, but the history and the reality of their tūpuna, the gift that has been given, is still alive beneath the overlay of dairy farms.
Ngāti Hauā have played an extraordinary role in the Kīngitanga through their tūpuna and themselves, and they have negotiated positive redress. Much of this is still unfixable in the full settlement goal of the land itself—land that is in the private hands of people who honestly do not demonstrate ever, in my experience, the knowledge of its incredible, sad transformation from Ngāti Hauā and their rangatiratanga via various means. It is now alienated beyond reach, but we are proud to support this bill.
Tēnā koe e Te Mana Whakawā. Tēnā koutou e te Whare. Rau rangatira mā, tēnei te mihi ki a koutou i runga i te kaupapa o te rā. Tēnā koutou, tēnā koutou, tēnā koutou katoa.
[Salutations to you, Mr Assistant Speaker. Greetings to you collectively, the House. To you the multitude of leaders, I extend this greeting to you collectively in regards to the matter of the day. Acknowledgments, greetings, and congratulations to you all.]
I stand before you in this House as the proud member of Parliament for the Taupō electorate. The anchor at the northern part of the electorate is, of course, your mighty Maungatautari. What is connecting the people of the Taupō electorate is the Waikato River, and the mountain that anchors the south is Tongariro. The places that are referred to in this House today, the names and places where tragedy has occurred, where wrongs have been undertaken, and where blood has lain on the ground, are the places where I work, that I love, and where I am raising my children.
The generosity of Ngāti Hauā and Ngāti Koroki Kahukura allows these first readings to be read together, as a cognate bill. As you are neighbouring iwi, iwi in my electorate, I know how closely you work together, and I know that it was not a difficult decision for you to agree to these first readings to be combined. But I think it is a particularly special moment for your member of Parliament to be able to speak in the first readings in this House.
Some of you would have travelled here to Parliament before, but for many of you it will be your first occasion. I was disappointed that I was not able to attend the deed signing for Ngāti Hauā, but it was in December last year, on a beautiful sunny, shiny day, at the base of Maungatautari, that the deed was signed for Ngāti Korokī Kahukura. One of the things that will always be a very lasting impression for me is the generosity that you showed. I want to honour you as a people in coming to an agreement. I think to say in this House that it is a deal dishonours you as a people and what you brought to the table over many, many years to get to this point. I have seen it, I have been part of it, and I have witnessed it in a way that I feel is extraordinary. Your generosity even recently around the Pukeatua cemetery is yet another example of your generosity.
I want to honour you in this House as a people who have reached an agreement with incredible generosity and with the real intention around being able to say that we take nothing away from the horror, the injustice, and the indignity of the past. We acknowledge that very clearly. When the Minister for Treaty of Waitangi Negotiations stands on your marae and offers the Crown apology, that is heartfelt in a way I have never seen a Minister of the Crown speak. That allows for that part of our collective history not to be forgotten, but for a chapter to be concluded so that we can move on with the next part.
Very important in terms of the resolution and the agreement around Maungatautari was the fact that it was an issue that divided a community in a way I have never seen before—the intensity of feelings, the real ignorance, and the lack of understanding. But your generosity when you turned up, were patient and understanding, and shared your experience made sure we could get to a point of agreement, with the Minister’s incredible commitment, that the community at large could be proud of.
At the end of the day the Maungatautari reserve is something that is special to all New Zealanders and something that we do share, and want to share, with the world. That meant an enduring agreement. So I am enormously proud of you here in the gallery, representing your iwi, for what that took. The job for us now—and I say “us”—is to make sure that the wider community continues to know and understand and respect the history to get us to this point, but, more important, what that provides for us and the future.
My only regret is that I am no longer a member of the Māori Affairs Committee, so I will not get to share the next part of this journey. With you, with Raukawa, I am very, very clear how important this is to you, to your young, for completing the past but, more important, for securing the future. Thank you for being here physically in the Chamber, thank you for your generosity, and I look forward to the day that we stand together in the third reading of your legislation. Kia ora.
Te mea tuatahi kei a koutou e aku rangatira, tēnā koutou. Tēnā koutou Ngāti Hauā, Ngāti Koroki Kahukura, kua tae mai nei i tēnei rā. Nō reira, āhua potopoto tēnei mihimihi ki a koutou katoa.
[In the first instance, acknowledgments to you, my leaders, Ngāti Hauā and Ngāti Koroki Kahukura, who have arrived here today. I therefore extend this somewhat brief welcome to you all.]
I have been allocated only 1 minute—well, that is what it says.
In the notes we are given on all sorts of bills, but especially on Treaty settlement bills, one thing is clear. With each group we deal with—Ngāti Hauā, Raukawa, Tūhoe, Ngāti Koroki Kahukura—there is a line in most of our notes that says: “During the 1840s and the 1850s there was a thriving economy.” You can just imagine that if we were able to get up today and say things like: “In Ōtara there was a thriving economy.”, that would be good for our people. I saw, about 2 weeks ago, a painting from 1835 in Australia, of all places. It was of three Māori looking out over Sydney Harbour, and they were there on an economic trip to garner more trade for their people. I do not know who those three were, but it gave truth to what we think we know happened in the 1840s and 1850s. It made the statements that we make in here more truthful, knowing that it actually happened. Just imagine if we were able to recreate for our people the conditions for hapū and iwi to thrive economically off their own backs, rather than off somebody else’s.
I do commend the two bills, the Ngāti Hauā Claims Settlement Bill and the Ngāti Koroki Kahukura Claims Settlement Bill, to the House and I cannot wait to get on the road. I am not saying that we have fun doing these road trips. Actually, I am saying that we have fun doing these road trips. It is fantastic because when you see a bill, all you see is the words, put there by some people better than I am, but when you go out to visit the people and when you go out to a face-to-face meeting, you hear all of the stories and you hear all of the words of the people who have gone before you. That is when you get a really good grasp of what is on the table.
Last week we were in Raukawa. It is poignant that we have on the table now Koroki Kahukura and Ngāti Hauā and that we are moving down the country to wrap up these Treaty settlements. I think that one thing that binds Parliament together is that we can work cross-party for the benefit of Māori outside, and it is one of the things that I am very proud of, and lucky and privileged to play a little part of, in the history of iwi Māori. Nō reira, I commend this legislation to the House, and I am sorry I did not take my full 1 minute.
Tēnā koe, Mr Assistant Speaker, ā, tēnā tātou katoa. E ngā uri o Ngāti Hauā me Ngāti Koroki Kahukura, nau mai, nau mai, haere mai. Haere mai ki tēnei Whare i runga i te kaupapa tino whakahirahira. Nō reira, tēnā tātou katoa.
[Thank you, Mr Assistant Speaker, and greetings to us all. To the descendants of Ngāti Hauā and Ngāti Koroki Kahukura, welcome, welcome, welcome. Welcome to this House in respect of this very important matter. So acknowledgments to us all.]
It gives me great privilege to take a call on these two very important bills. I join with not only members on this side of the House but also clearly all members in the House today to support the first reading of the Ngāti Hauā Claims Settlement Bill and the Ngāti Koroki Kahukura Claims Settlement Bill. I want to acknowledge all those who have worked tirelessly to get us to this stage, the people of the two iwi in the galleries today, and those at home listening or watching. I also want to acknowledge Minister Finlayson for his speedy work in claims, and ensuring that our iwi katoa around the motu can, hopefully, recover what we have lost over many years. I thank you all for your efforts in bringing this bill to the House today.
As we all know, there are two bills. I am going to try to do justice in talking, touching briefly on both of them, in the short time I have on my feet. Can I first turn to Ngāti Hauā and can I talk about Ngāti Hauā, descended from the eponymous ancestor Hauā, a direct descendent of Hoturoa, the captain of the Tainui waka, from the uri of the waka tipua ō Tākitimu, tēnei te mihi ki a koe, te waka ō Tainui [from the descendant of the demonic vessel Tākitimu, I salute you, Tainui vessel]. The hapū of Ngāti Hauā are Ngāti Te Oro, Ngāti Werewere, Ngāti Waenganui, Ngāti Te Rangitaupi and Ngāti Rangi Tawhaki. The Ngāti Hauā rohe spans from Te Aroha, south along the Kaimai Range to Te Weraiti, from Te Weraiti west to Maungatautari, then north-west to Te Rapa, from Te Rapa eastward to Mangateparu, and then to Te Aroha. Part of the Ngāti Hauā rohe is located within the Waikato Raupatu claims area established in 1995.
In December 2012 the Crown recognised the mandate of the Ngāti Hauā Trust Board to represent Ngāti Hauā in negotiating a comprehensive historical treaty settlement, and signed terms of negotiation with Ngāti Hauā. Ngāti Hauā and the Crown signed an agreement in principle on 19 February 2013, which formed the basis for this settlement. On 24 May 2013 Ngāti Hauā and the Crown initialled a deed of settlement. The deed was then ratified by the people of Ngāti Hauā and signed on 18 July 2013. The settlement will be implemented following the passage of settlement legislation.
The Office of Treaty Settlements, with the support of the Department of Conservation and other Government agencies, represented the Crown in day-to-day negotiations. The Minister for Treaty of Waitangi Negotiations, the Hon Christopher Finlayson, represented the Crown in high-level negotiations with Ngāti Hauā. Again I acknowledge and thank all parties for bringing this bill to the House.
Just by way of a comment around resourcing—and I am glad Government departments were part and parcel—I understand the struggle there can be in negotiating claims as iwi. Often a lot of us are called on to do this in our spare time or on weekends. So I do acknowledge the sacrifice your negotiating team have made on behalf of the people of Ngāti Hauā.
During the 1840s and 1850s Ngāti Hauā established a strong economy, which my colleague the honourable Rino Tirikatene spoke about. He spoke of the Christian community of Pēria and the rangatira Wīremu Tamihana and his attempt to protect his lands from alienation, not only constructively but proactively seeking a relationship with the Crown on issues of Māori governance. However, his attempts to engage the Crown left him dissatisfied and he supported the establishment of the Māori King to provide order and law within Māori communities. That was, of course, Pōtatau Te Wherowhero.
We have heard, and we will continue to hear, how the relationships between the Crown and the Kīngitanga deteriorated over the early 1860s. In July 1863 Waikato was invaded. Part of the Kīngitanga, Ngāti Hauā, opposed the invasion of 1863 and 1864, and many were killed or wounded. The February 1864 attack by Crown forces on the unfortified agricultural settlement of Rangiaowhia aggrieved Wīremu Tamihana, who understood it should be a place of refuge for women, children, and the elderly.
So without going into too much detail, there is enough to say that in this particular iwi, huge atrocities were applied to them in the confiscation of their land, when clearly their rangatira sought a more peaceful and constructive relationship with the Crown. In this small way, through this bill, the Crown is acknowledging its wrongdoing and, like I said, trying to make small amends for those past dealings.
I would like to turn my attention now to the Ngāti Koroki Kahukura Claims Settlement Bill. I am afraid I might run out of time, so I just want to acknowledge them in the House again today and say, in support of this bill, that Ngāti Koroki descend from Korokī, a descendant of Hoturoa, captain of the Tainui waka. Ngāti Kahukura descend from the tupuna Kahukura. Joined together through common ancestry and lineage, their descendants are Ngāti Koroki Kahukura.
The rohe of Ngāti Koroki Kahukura, which they refer to as their homeland, stretches from Karapiro along the Pukekura Range and through Rotorangi and Puahue in the west, from Maungatautari 4 and 5 blocks, to the top of Lake Arapuni in the south, then follows the Waikato River back to Piarere in the east, and from Piarere to the south of the Maungakawa reserve, and on to Karapiro in the north.
Part of the Ngāti Koroki Kahukura rohe is located within the Waikato raupatu claims area established in 1995, including Arikirua, Tamahere, Hautapu, Te Koutu, Pukekura, Te Papara, Nukuhau and Horotiu Pā. Ngāti Koroki Kahukura also hold historical customary interests in the Hinuera, Waipā, and Huihuitahā blocks on the eastern side of the Waikato River.
I know the bell has rung. I do want to sincerely acknowledge Ngāti Koroki Kahukura again for their work in getting this bill here. I, along with members of the Māori Affairs Committee, will have a lot more time than 10 minutes to hear your stories, to hear the mamae that you have gone through, to ensure that we have got this right for you when we come and address this bill. I look forward to that day. Nō reira, tēnā tātou katoa.
Tēnā koe, Mr Assistant Speaker. Tēnā koutou, tēnā koutou, tēna koutou katoa. As a member of the Māori Affairs Committee I am very pleased to be speaking to this legislation, the Ngāti Hauā Claims Settlement Bill and the Ngāti Koroki Kahukura Claims Settlement Bill. It has been a long journey that both Ngāti Hauā and Ngāti Koroki Kahukorua have travelled before getting to this place. Both iwi, we have heard in this House today, have had rich and illustrious pasts, much of which was destroyed during the New Zealand Wars and beyond. Today, despite this disruption and pain, despite complex and difficult negotiations and processes, we have reached an important milestone: the first reading of your settlement bills.
I would like to add my thanks to those of others in the House to those past and present who have contributed to this day. We all look forward to seeing these bills passed through the House and becoming Acts.
The Hon Pita Sharples made an important point when he said that all New Zealanders should know their history. They should know their history so that they can understand the importance of these settlements. They should know their history so that they can embrace these settlements. And they should know their history so that they can support iwi as they make the most of every opportunity going forward.
This bill, as you have heard, passes into the hands of the Māori Affairs Committee. I can assure you that we will work hard on these bills, we will enjoy our road trips, we will come to see you, and we will make sure that these bills pass through the House as quickly and as efficiently as possible. Tēnā koutou, tēnā koutou, tēnā tātou katoa.
Bills read a first time.
Bills referred to the Māori Affairs Committee.
Members, as a presiding officer, I do not get an opportunity to speak in Parliament, but on this occasion I am taking the liberty because I have been part of Ngāti Hauā for all my life. This is a great day for the two iwi here today. Congratulations. It has been an honour and a privilege for me to be presiding today, and also to have been with Minister Finlayson for the signing. Congratulations to you both. Permission is given for a waiata.
Waiata
🗣️ Spoke in this debate (11)
- Catherine Delahunty (Green Party of Aotearoa / New Zealand — List Member)
- Hon Christopher Finlayson (New Zealand National Party — List Member)
- Tau Henare (New Zealand National Party — List Member)
- Hon Nanaia Mahuta (New Zealand Labour Party — Member for Hauraki-Waikato)
- Denise Roche (Green Party of Aotearoa / New Zealand — List Member)
- Hon Sir Pita Sharples (Māori Party — Member for Tāmaki Makaurau)
- Rino Tirikatene (New Zealand Labour Party — Member for Te Tai Tonga)
- Lindsay Tisch (New Zealand National Party — Member for Waikato)
- Hon Louise Upston (New Zealand National Party — Member for Taupō)
- Hon Nicky Wagner (New Zealand National Party — Member for Christchurch Central)
- Hon Meka Whaitiri (New Zealand Labour Party — Member for Ikaroa-Rāwhiti)