Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill

on behalf of the Minister for Treaty of Waitangi Negotiations: I move, That the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill be now read a third time. Nā reira, tēnā koutou, koutou kua hara mai nei ki tō tātou Whare i tēnei rāngi kia whakanuitia te kaupapa e haere nei. Nā koutou tēnei. Nā mātou e tautoko ana kei roto i ngā kōrero nei. Nā reira, tēnā koutou. Kua mihia ngā mate, nā reira, rātou i waenganui i a koutou e tīraha tonu, rātou kua tukuna atu, haere, okioki pai ki te Kaihanga. Nā reira, kia hoki ki te tino kaupapa e hui tahi nei tātou, ā, tēnā koutou, nau mai. Whakapiri mai.

[Therefore, greetings to you collectively who have come here to this House of ours today to enhance the matter being progressed here. This is yours. We will endorse it through these speeches here. So congratulations. The dead have been acknowledged, so to those who lay in state among you, those whom you have interred, depart, rest well with the Creator. Let us return, then, to the real matter that brought us together here and to acknowledge you and to bid you welcome. Draw closer.]

Today we turn south across Raukawa Moana, past the resting place of Muturangi, to Te Tau Ihu o Te Waka a Māui, and we welcome the sons and daughters of the great Kurahaupō waka: Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau. Nā reira, tēnā koutou. Kurahaupō whānau have resided in Te Tau Ihu o Te Waka a Māui mai rānō. Their tīpuna, stories, and whakapapa can be found in the maunga and in the awa, in the waters, of Te Tau Ihu. Tēnei au e mihi atu ki ngā uri o Ruatea, arā, a Ngāti Apa ki te Rā Tō. Tēnā koutou.

[I pay a tribute to the relatives of Ruatea, in other words, to Ngāti Apa ki te Rā Tō. Greetings to you collectively.]

Few New Zealanders know that the famous Heaphy Track should really be called Kehu’s Track. Kehu was a tohunga, kaitiaki, and knowledge keeper of the inland trails and lands of this rohe. It was Kehu who guided Heaphy along that trail—not the other way round, as history sometimes recounts. Ko Kehu te maunga, ko Kawatiri te awa, ko Rotoroa me Rotoiti ngā roto, ko Ngāti Apa ki te Rā Tō te iwi, ko Kehu te tangata.

[Kehu is the mountain, Kawatiri is the river, Rotoroa and Rotoiti are the lakes, Ngāti Apa ki te Rā Tō is the tribe, and Kehu is the man.]

It is ironic that by 1900 a people known for the knowledge of their lands were left landless. Reserves were not set aside. Specific rights were not negotiated. Generations of Ngāti Apa ki te Rā Tō have stood before royal commissions, land commissioners, Māori Land Court hearings, High Court hearings, Appeal Courts, and even London’s Privy Council. Generations of people have fought for this day of recognition. Their children and mokopuna are here with us today in the Whare. I am proud to be part of a Government that has worked alongside them as we settle these things. I am proud that from this day on the mana whenua and mana moana of Ngāti Apa ki te Rā Tō will be recognised in the laws of this nation.

Ko Matua Hautere te tangata, ko Kaikai-ā-Waro te taniwha, ko Hōere te waka, ko Ngāti Kuia te iwi.

[Matua Hautere is the man, Kaikai-ā-Waro is the monster, Hōere is the canoe, and Ngāti Kuia is the tribe.]

There is an unforgettable image on the Ngāti Kuia website taken when iwi leaders signed their deed of settlement with the Crown at Te Hora Marae in October 2010. The photograph is of the chairman of Te Rūnanga o Ngāti Kuia Charitable Trust close to tears. His face creased with pain, he stares at the ground. Behind him is a negotiator for Ngāti Kuia with tears in his eyes. The chairman’s son stands with his hand pressed into his father’s shoulder. In this single iconic image we get just a small bit of understanding of what Ngāti Kuia families have gone through and have overcome just to get to this day. People forget that it is a traumatic, difficult process settling these historical events to your satisfaction in order that the Crown can at least acknowledge and apologise for what has gone before.

The sons and daughters of Māui, Kupe, and Matua Hōtere, Ngāti Kuia families, have been standing on their lands at Te Tau Ihu mai rā anō. After generations of settlement, Ngāti Kuia survived musket raids as well as the arrival of tauiwi, or foreigners, to their land. By the mid-1800s the Crown was moving swiftly across the top of the south, and a deal guaranteeing Ngāti Kuia schools, hospitals, and lands was dishonoured. Colonisation and amalgamation—these policies saw the iwi left on small, uneconomic land parcels. The draining of wetlands for dairy farms also drained the economic lifeblood from the families of Ngāti Kuia. Their journey is etched in the faces of that koroua and his mokopuna in that photo.

Behind that koroua stand future generation upon future generation of Ngāti Kuia mokopuna, whose mana whenua and mana moana are from this day guaranteed by the laws of our nation. In front of that elder stand generation upon generation of his tīpuna, whose battle for their mana and for mana whenua and mana moana has been one of sacrifice, determination, and, finally, triumph today. Maranga e te iwi Pākohe, maranga mai e te iwi Ngāti Kuia, auē taukiri e.

[Rise up the tribes of Pākohe and Ngāti Kuia, oh dear, oh dear.]

I pay tribute now to the families of Rangitāne o Wairau, the people of the 100 waters of Ruatere—ngā wai-rau o Ruatere. Withstanding warfare, colonisation, and the alienation of nearly every acre of their whenua, Rangitāne families have retained their identity and their heritage and have secured their future in a rohe they settled generations before others who arrived at the lands of Te Tau Ihu o Te Waka a Māui. Rangitāne families link us directly to Kupe. When ancient tīpuna remains were finally put to rest at Wairau recently, the media asked a Rangitāne leader for comment, and she replied with these words: “No matter what race or creed or colour you are, you don’t know where you are going until you know where you have come from. Today is a celebration for us all to live together.” Her kōrero captures the leadership, the humility, and the generosity of the families of Rangitāne o Wairau, whose mana whenua and mana moana from today will finally be recognised in the laws of New Zealand.

Te Rūnanga o Rangitāne o Wairau was set up in 1861 by rangatira concerned by the growing landlessness facing tangata whenua across the rohe. For 153 years, then, this rūnanga has continued to represent Rangitāne on social and political issues. Ko Tapuae o Uenuku te maunga, ko Wairau te awa, ko Raukawa te moana, ko Huatahi te tangata.

[Tapuae o Uenuku is the mountain, Wairau is the river, Raukawa is the sea, and Huatahi is the man.]

The footprints of Rangitāne families have fallen on the sands of Wairau. Their ahi kā occupation is ancient, unbroken, and hard fought for. Ko tini whetū ki te rangi, ko Rangitāne nui ki te whenua. As numerous as the stars in the sky are the people of great Rangitāne upon the land.

Today the Crown stands alongside Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau and acknowledges the social, economic, and cultural devastation caused by the Crown and endured by generations. In the face of incredible injustice, today we witness incredible generosity as these iwi honour every New Zealander by coming here today, by accepting our Crown apology, and by settling their historical Treaty of Waitangi grievances. All those things lost due to the actions of the Crown can never be totally replaced, and yet the people of Te Tau Ihu wish to settle their grievances with mana. Tēnā koutou. We remember those who have passed on but whose determination has led to the legislation this House will now consider.

Today we witness a milestone in a journey that is not just about the wonderful idea of Māori working together. Today we introduce legislation to resolve the historical grievances of eight tribes of Te Tau Ihu, legislation that strengthens the ability of future generations to carry on a proud legacy of economic and cultural rangatiratanga.

In closing, I would just like to refer to what we talked about with the haka Ka Mate and how it should be taught in all our schools, and all the history relating to it. I am really proud to say that we are producing a sort of framework whereby the history of every school area can be introduced into the school using the local mana whenua. We are bringing in the framework so that the children of those districts can feel proud and so that the people of the district can learn ko wai te rangatira, ko wai te iwi, ko wai te tangata whenua me ngā hītori ō taua iwi? Nā reira, hari koa kua tīmata mai tēnā mahi i roto i te Tari Mātauranga i konei i te Kāwanatanga. Tēnā koutou. Nā reira, ngā iwi o Te Tau Ihu o Te Waka-a-Māui—

[—who is the leader, the tribe, and the home people with the historical accounts of that tribe? So it is delightful and joyful that work has commenced in the Ministry of Education, in the Government here. Congratulations to you. Therefore, to you the tribes of Te Tau Ihu o Te Waka-a-Māui—]

—at the prow of the great voyaging canoe of Māui, at the helm of their own destinies and futures. Tēnā koutou, tēnā koutou. I commend this bill to the House.

Tēnā koe, Mr Assistant Speaker. E aku rangatira o te waka o Kurahaupō, me kī, Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne, tēnā koutou, tēnā koutou. Whakatau mai, whakatau mai, whakatau mai ki te Whare Pāremata e takatū nei. Nō koutou tēnei rā. He rā hariharikoa tēnei. Nō reira, rau rangatira mā huri noa i te Whare, tēnā koutou, tēnā koutou, ā, tēnā tātou katoa.

[Thank you, Mr Assistant Speaker. To my leaders of the Kurahaupō canoe, namely of Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne, greetings and salutations. Welcome, welcome, and welcome to Parliament House standing here in readiness. This is your day and it is a truly joyous one. Therefore, to the many leaders throughout the House, salutations and congratulations to you and to us all.]

I am delighted to be able to speak about these three iwi as part of this final debate today. Rangitāne, Ngāti Kuia, and Ngāti Apa ki te Rā Tō are part of the wider collective of the iwi that we have all seen, and will be seeing, throughout the day today. In particular, they are all commonly descended from their waka, the Kurahaupō.

I first want to acknowledge that in this bill, the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill, the Crown will make full apology to all of these three iwi for their past dealings and for the breaches of the Crown’s obligations under the Treaty of Waitangi, and all of the three iwi will receive forms of cultural, commercial, and financial redress, which is consistent across the board with Treaty settlements.

I want to focus firstly on Ngāti Kuia. Ngāti Kuia have occupied Te Tau Ihu of the South Island for many, many, many generations, primarily at Kaituna, Te Hora, Te Hoiere, Whangarae, Whakapuaka, Rangitoto, and Whakatū. In the 1820s and 1830s Ngāti Kuia were invaded by tribes from the northern side of the Cook Strait. Despite being defeated in battle, Ngāti Kuia still managed to hold on to portions of their tribal estates and, more important, managed to maintain their chiefly identity, whakapapa, and genealogical lines. More trouble was to arrive in the form of the New Zealand Company—an early colonial company, as we have heard in previous speeches, in the business of ripping off Māori from their land. Long story short—the New Zealand Company claimed to have purchased the top half of the South Island in 1839, but Ngāti Kuia were not consulted on that purchase, rather the invading tribes of Ngāti Toa and their allies who held sway with the company and Crown representatives. Ngāti Kuia suffered because of this. Even a commission of inquiry failed to recognise Ngāti Kuia’s mana over certain areas, and they were not allocated any shares in the Nelson Tenths. The 790 acres of reserves at Te Hoiere was insufficient for the tribe’s needs, and they received a paltry ₤100 for their whole interest in the South Island—₤100—and no share in the Nelson Tenths. Hardly a great deal.

By 1900 Ngāti Kuia were virtually landless. They petitioned the Crown for more land, claiming that they were the poorest tribe under the heavens. The Crown tried to alleviate the problem, with the South Island Landless Natives Act. The tribe shared in a share of land on Stewart Island, along with other iwi and whanaunga in the South Island—not only that but at the bottom of Stewart Island. But no land titles were ever issued. The South Island Landless Natives Act caused more trouble than good. All this mamae and more the Crown will apologise for. The financial and commercial redress package totals $24 million and includes a $12 million redress in lieu of Crown licensed forests and interest that has been accruing. Ngāti Kuia will be statutorily acknowledged as having mana over certain areas of Te Tau Ihu. They will also have the right of first refusal over Crown lands that may come up on offer.

I would like to turn to Rangitāne. Once again, the transactions of the New Zealand Company and its purported purchase of the top half of the South Island caused Rangitāne much mamae. Like Ngāti Kuia, Rangitāne maintained their associations with the land and held mana in certain areas. Their chief, Ihaia Kaikōura, signed the Treaty at Port Underwood, and this underlies the fact that Rangitāne had their own autonomy. Rangitāne also suffered the ignominy of not being recognised in Te Tai Tapu and Nelson Tenths. The commission set up to investigate the South Island purchase offered Rangitāne ₤100 to pay off their grievance. Rangitāne also complained to the Crown that the land reserves set aside were insufficient for them to make any sort of economic living off them. The Crown’s reaction, again, was the South Island Landless Natives Act—a law that caused more problems than it solved.

The financial redress here recognises the economic losses suffered by Rangitāne arising from the breaches of the Treaty of Waitangi by the Crown. The financial and commercial redress package totals $25 million, including $12 million redress in lieu of the Crown forest lands and interest that has been accruing. The commercial redress will allow Rangitāne to have the right of first refusal for 169 years to Crown land that may become available. They will also have the right to buy and lease back certain Crown properties.

Finally, I want to talk to Ngāti Apa. Once again, the Crown will be apologising to Ngāti Apa for breaching its obligations under the Treaty of Waitangi. The Crown failed to recognise the rights of Ngāti Apa in its resolution of New Zealand Company transactions and its pre-1865 purchase of lands, excluded Ngāti Apa from the Nelson and Motueka Tenths, and failed to put aside enough reserve lands for Ngāti Apa. An overlay classification called a tōpuni acknowledges the spiritual, cultural, historical, and traditional association of Ngāti Apa with certain sites of significance, such as the alpine tarns in the Nelson Lakes National Park. An interesting feature of the settlement is the ability for Ngāti Apa to reconnect with their traditional eel fisheries at the Nelson Lakes. Also, Ngāti Apa will have a right to access conservation land to fossick and take off by hand any sand, shingle, or natural material from a river bed. The financial and commercial redress is $28 million, including $12 million from the Crown forest lands.

The iwi of Ngāti Kuia, Rangitāne, and Ngāti Apa ki te Rā Tō suffered through the ignorance of colonial settlers and administrators who did not have a jot of interest in these three tribes. They assumed that the mana for the top half of Te Wai Pounamu lay offshore at Porirua, Kāpiti Island, and Ōtaki. To a certain extent that is true, but it is also true that these tribes still had their own autonomy by the time the New Zealand Company turned up in 1839. Some chiefs from these tribes even signed the Treaty of Waitangi. The taniwha amongst these tribes are the transactions of the New Zealand Company that pitted Pākehā law against Māori tikanga. It has been a generation and a half for these claims to finally come to fruition, and it is fair to say that the delay in settlement has cost lives. Some kaumātua and kuia who started this process back in the 1980s and 1990s are no longer with us. I know from the Rangitāne claim from the 1980s that only Richard Bradley and Judith MacDonald are still with us. It is lovely to see Richard in full health here in the House today. The same mamae applies to the original claimants of Ngāti Kuia and Ngāti Apa as well. I particularly make mention of the late Auntie Kath Hēmi, who played such a monumental role with Ngāti Apa. And I acknowledge her whānau.

As we acknowledge the history and the mamae of Rangitāne, Ngāti Kuia, and Ngāti Apa, it is time for these iwi now to strike out on their own or in alliance and forge a path that will lead to a more economic and prosperous future for themselves. I am pleased to acknowledge my own whanaunga here from Te Rūnanga o Ngāi Tahu. We have got so many connections across all of the South Island, and I know that, collectively, working together, all the iwi in Te Wai Pounamu will take over the country. With those parting comments I mihi to the three iwi, and I wish them all the very best for the future. Kia ora anō tātou katoa.

Tēnā koe, Mr Assistant Speaker. I acknowledge the people of Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau, especially those who have travelled here today from Te Tau Ihu and are here in Parliament to witness the third reading of their settlement legislation, the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill. These are iwi who share common descent from the Kurahaupō waka. They have lived across the top of the South Island for many, many generations. They have preserved their identities despite the odds, despite the actions of the Crown, and despite external forces.

My good friend Mr Henare mentioned in the previous debate the importance of New Zealand history. People need to know what happened. As sure as anything, I am going to receive some sour emails today from various lovely people after the conclusion of these debates. I will go back to them politely—because that is my style—but in a very determined way to tell them to read the history, because there is nothing like knowing the facts. The facts are that in the 1820s and 1830s iwi from the North Island invaded and settled in the northern South Island. Although Ngāti Apa, Ngāti Kuia, and Rangitāne no longer had exclusive possession of all their territory, they retained their tribal structures, their chiefly lines, and their ancestral connections to the land. In 1840 the great Rangitāne chief Ihaia Kaikōura signed the Treaty of Waitangi near Port Underwood. But the history of the Crown’s relationship with these iwi since 1840 is one of consistent failure to adequately investigate and appropriately recognise the rights of these iwi at relevant times. I too was going to give what could have been only a potted summary of the history, but I think Mr Tirikatene has done a very good job in that regard, and so I am not going to repeat what he said here, simply endorse it.

But one thing I do want to say something about is the South Island Landless Natives Act, because after all this history of wrongdoing, after all this unfairness, the Crown attempted to alleviate the position of these iwi through the provision of landless native reserves. The reserves were, however, in isolated locations, they were of poor quality, and they were generally unable to be developed for effective economic use. So Ngāti Apa were allocated land on the West Coast. Rangitāne and Ngāti Kuia were allocated land on Stewart Island/Rakiura, a great distance away from their traditional rohe, and it was all landlocked. The Crown never granted members of those iwi titles to the land. The Waitangi Tribunal has described the failure to provide land to landless Māori as a cruel hoax. Well, I agree with the tribunal, and I say that the South Island Landless Natives Act lands were, in fact, and are, a sick joke, and they need to be resolved—I might add, not for want of trying on my part. But as long as I hold a warrant in this portfolio, I will continue to push for resolution of this issue. Mr Bradley knows that it is long overdue and it is time that the matter was resolved. So I give you, on behalf of the Crown, an undertaking that I am going to continue to work on that matter, because it is long past time that this blot on the South Island history was resolved.

The Ngāti Apa settlement would not have been possible without the perseverance of Ngāti Apa ki Te Rā Tō ki te Waipounamu Trust. They spearheaded negotiations on behalf of their iwi. I acknowledge, in particular, Peter Mason, the principal negotiator; Brendon Wilson, who was the chair for many, many years; and Paia Rīwaka-Herbert. These are just a few of the people who represented this great iwi during this process and they deserve public recognition for their hard work. I particularly want to mention a wonderful, wonderful woman this morning. Her name was Kath Hēmi. She led the charge in the tribunal. It is very sad that she did not get to see this day—in fact, she was not at the Ngāti Apa signing. But I was really pleased to be able to take her the deed of settlement for her signature when she was in Wairau Hospital, and I am sure that she and her family were very pleased that that was able to happen. She now rests near Ōmaka Marae. She may be gone from this world, but she will always be remembered for her courage and her tenacity.

I want to say something about Ngāti Kuia. Te Rūnanga o Ngāti Kuia charitable trust, through its hard work and perseverence, made this settlement possible, and we signed the deed of settlement on Labour Day weekend 2010. That was a great day. I acknowledge Mark Moses, Raymond Smith, and Waihaere Joe Mason. They represented Ngāti Kuia in the settlement process and I really do praise their commitment and their dedication to Ngāti Kuia, which warrants mention today. I believe that their trust will lead this iwi into a very positive post-settlement era.

Let me say something about Rangitāne. The Wairau bar and the boulder bank within the Rangitāne rohe is considered by archaeologists to be one of the most important archaeological sites in the country. Exercising a kaitiaki role, Rangitāne o Wairau stopped the destruction of this site, which continues to unearth, to reveal, important information about our past. Through Rangitāne o Wairau’s collaboration with archaeologists, we are learning more and more about a place that may have been the first landing site of Pacific peoples on these shores. Through this settlement, the Crown aims to recognise the cultural association that Rangitāne has in Te Tau Ihu. I want to say how much I appreciated being invited down to the bar some years ago, when some of the co-iwi were re-interred. I will always remember that there is no such thing as a free lunch, because Mr Bradley gave me a shovel and told me that I should do some work as well.

I want to recognise those who have championed the work of this great iwi leading up to the time when we signed the deed of settlement in Blenheim on 4 December 2010: Joe Tukapua, Frank MacDonald, Ruanui MacDonald, Āmīria Hynes, Josephine Congdon, Mervyn Sadd, John Bradley, and Gary Wehipeihana. These people have worked so very long and hard on behalf of their iwi and I acknowledge them. I acknowledge, in particular, the efforts of that wonderful, optimistic, and warm human being Richard Bradley, and Judith MacDonald and Jeffrey Hynes—he wanted me to say that! I commend the trust as it champions Rangitāne’s interests into the future.

These are three very important settlements, and it is a sign of the generosity of these people that they were prepared in the interests of getting to the third reading and to have the three settlements read together. Once again, I thank you for that. Congratulations on reaching this significant milestone. It has been a long haul, but I am very relieved that we have now reached the stage of a third reading.

Finally, I want to pick up on something that Mr Tirikatene said in closing and utterly endorse it. I acknowledge the presence in the gallery of Sir Mark Solomon of Ngāi Tahu. I very much look forward to working with all of the iwi of the South Island as they promote their interests into the future. It is great that he is here. I recall his words when Rangitāne signed their deed of settlement with the Crown: “Together we can do so much.” I heartily endorse that. Whether in fact you will take over the world, as Mr Tirikatene said—well, a little bit of hyperbole is permitted. But you are certainly going to be a fantastic force for good and for economic strength in the South Island, and I endorse what Sir Mark has said.

With those few words—one can never say enough in a third reading speech—I thank the representatives of the three iwi and wish them all the very best for the future.

Tēnei e tū ana ki te tuku mihi ki a koutou i tae mai mō tēnei āhuatanga. Nō reira, ki a koutou Ngāti Apa ki te Rā Tō, Ngāti Kuia me Rangitāne o Wairau, anei te mihi maioha ki a koutou katoa.

[I rise to pay a tribute to you collectively who have arrived in regards to this circumstance. So fond greetings to you all Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairua.]

I am sure that the comments that the Minister for Treaty of Waitangi Negotiations has made in relation to SILNA lands are well supported by those who have come to listen to the Treaty settlement legislation today. It got me thinking about the fact that I think it was the chairperson of the Māori Affairs Committee, who was Minister of Māori Affairs at the time, and I who are the members who were here when the Ngāi Tahu Claims Settlement Bill was heard before the select committee. I am reminded of that time.

It is significant that you, Sir Mark, and members of Ngāi Tahu are here to witness the passing of the Te Tau Ihu legislation, the Ngāti Apa Ki Te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill. I remember, as a new member coming to the House, at the time when we were looking at the boundary of Te Tau Ihu, trying to wrestle from the infinite knowledge of Sir Tīpene what was happening in Te Tau Ihu, and getting a very long education on the relationships and how the boundaries came about. It got me thinking, now that some years have passed, about how Ngāi Tahu has matured in its settlement, post-settlement, and development opportunities. In terms of the relationship, I think that no boundary can stop opportunity. That is the point Minister Finlayson has made, which I too endorse.

Now that Te Tau Ihu iwi have settled, boundaries mean very little if relationships mean more. Those relationships can ensure that the opportunities that emerge out of Treaty settlements can be stitched together—weaved together to the power of 10, if you like—and create all sorts of unique and important commercial and cultural opportunities that will grow the full potential of what can happen in this House. So to those of Ngāi Tahu, to the Te Tau Ihu people, I want to recognise that today because I think it is very significant.

Comments have been made in the House that it has taken a long time to get to this point. One need only look at Part 1 of the bill to see the number of Wai claims that are included within these Treaty settlements to know that a lot of internal discussions and negotiations and sacrifice have got you all to this point. I look at Ngāti Apa ki te Rā Tō and the Wai claims that sit within it—Wai 102, Wai 785, Wai 1987—and can only reflect that the inclusion of those claims within the context of your settlement will mean so much more to those claimant groups. For Ngāti Kuia, Wai 561, Wai 829, and Wai 2092 include a range of claims that relate intrinsically to the Ngāti Kuia interests and your respective claims, as do, similarly, the claims of Wai 102 and Wai 785. For Rangitāne o Wairau there are three Wai claims: Wai 44, Wai 102, and Wai 785.

When people are taken into the settlement legislation, and they look at what those claims relate to and who were the claimants and how that is then included within the context of the intention of these claims, we need to satisfy ourselves as members of this House that so much more negotiation has taken place to get to this point. I want to acknowledge all of that hard work today.

There are some unique aspects of all the claims, and to go through them individually I do not think would do them justice. I do want to endorse the local member, Rino Tirikatene, and his recollection of each unique aspect of the claims. But can I say that when we, as members of Parliament, are newly coming to Treaty settlements and we are trying to understand how things are fitting together, we look to the various instruments within the settlement legislation. It is encouraging to see that in the context of statutory acknowledgments, the relevant consent authorities have to have regard to the various statutory acknowledgments that each of you, as iwi, have in relation to your special areas—like having the Environment Court and the Historic Places Trust having regard to your connection and association. That is really important because, as many of us know, when the rubber hits the road, it is at that level of local government and of what is happening in terms of resource management that we become intrinsically connected to the everyday decision-making that happens in our rohe. Those are really important, I guess, additions to the authority and voice that you have now as a result of this settlement.

In the schedules there is a range of sites where both the statutory acknowledgments and the overlay sites are identified. Not being that familiar with the region, to me, many of them sound significant and beautiful: Pelorus Sound/Te Hoiere, Maungatapu, Kaiteriteri Scenic Reserve, Te Ope-a-Kupe, Lake Rotoiti, and Lake Rotoroa. Then we have got the Maitai River, the Wairau, Ōmaka, and Ōpaoa Rivers, and the Waimea, Wai-iti, and Wairoa Rivers. They are all very significant parts of your rohe, all recognising the unique relationships that each of the three have with their particular areas.

I have often made my contribution in relation to Treaty settlements in the post-settlement space. It seems to me that the reason why people have taken a very brave step and made compromises along the way and carried a lot of injustice to get to this point is to enable others to look forward—those children whom you have, your mokopuna—so that they can tell their history with pride, share it with the people in their particular rohe and their community, but, more important, forge an intrinsic sense of self-determination about how they want to be going forward into the future, which is why the relationships matter so much.

In the post-settlement space the durability of a Treaty settlement does require an ongoing relationship check between you as claimant groups—as iwi who have settled—and the Crown. So it will not matter who is sitting on that side of the House. The health check of a Treaty settlement requires that every member of Parliament who in this day and age has, by and large, agreed unanimously to the passage of Treaty settlement bills remains fully accountable to the intent of its purpose that is captured in the legislation. I stand here as a member of Labour in Opposition to support Treaty settlements on that basis. Whether it is National in Government or Labour in Government, the responsibility of the Crown is to ensure that the five simple words “This Act binds the Crown.”, which are captured in the legislation, become durable and that people act with honour to ensure that these Treaty settlements are all that they are meant to be—something that the next generation can hold on to with pride and move forward on with confidence. Tēnā tātou katoa.

Tēnā koe, Mr Assistant Speaker. E ngā mana, e ngā reo, e ngā rangatira mā, tēnā koutou, tēnā koutou, tēnā koutou katoa. It is my pleasure to take a call for the Greens on this the final reading of the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill. I am mindful that this is a historic day, and I feel absolutely privileged to be speaking on this occasion on the bill, while the people whom this affects are in the gallery.

Before I start, I also want to acknowledge the very many people who have worked on these claims over generations. I salute their tenacity and strength in persisting in bringing these injustices to light. Many who have started this journey have not lived to see the day, and I am mindful that they are not with us. We should be acknowledging them too. I recognise that these settlements are part of a healing of the past for the iwi, and that they are also proposed in order for iwi to create a better future. So for those who started this process, I acknowledge their faith and their foresight.

There have been many attempts by the three iwi in this bill to seek reparation. That goes as far back as straight after the Treaty of Waitangi was signed, but it is only now that they have some acknowledgment. It is difficult to do justice to each iwi named in the legislation. Each has a distinct, unique history, although they are linked by whakapapa. I am pleased that in the deeds of settlement for each of these iwi those histories are told, so that their uniqueness cannot be overlooked. Ngāti Kuia signed their deed of settlement on 23 October 2010, Ngāti Apa ki te Rā Tō signed theirs on 20 October 2010, and Rangitāne o Wairau signed theirs on 4 December 2010. So it has taken a few years to get to this final part. Having looked at the deeds of settlement and the historical accounts, it is clear that these iwi are not grouped just because of their whakapapa but also because of the common injustices that they endured.

Essentially, the alienation of these three iwi from their land and resources started when they were caught up in the dodgy land acquisition conducted by the New Zealand Company in 1839, when the company purported to have bought the entire top of the South Island with little or no regard to the iwi residing there. When the Treaty of Waitangi was signed a year later, land sales that pre-dated the Treaty were deemed to be unlawful and the Crown set up the Land Claims Commission to investigate the purchases. However, as we have heard, and as we have read in the historical accounts, only one Māori person was ever interviewed by the commissioner. He did not consult iwi, and after only 2 days the commissioner suspended the proceedings when the company asked for an arbitration process that had been used in other areas. As a result of that arbitration an additional payment was made by the company to different iwi, and the commissioner subsequently recommended an award to the company of 151,000 acres. This was the start of the alienation.

That alienation was continued by both the New Zealand Company and subsequently the Crown. Their tactics for alienating iwi from the land included pitting Māori against Māori, so as to break the collective ownership of the land. By the early 1900s iwi resources in that area had dwindled to almost nothing. That was from the Ngāti Kuia deed of settlement—the acknowledged history. By 1900 Ngāti Kuia were landless. Ngāti Kuia petitioned the Government for additional land and described themselves as the poorest tribe under the heavens. The Crown attempted to alleviate their position through the provision of Landless Natives Reserves, and we have heard how little that meant as well. But to continue—the reserves, however, were in isolated locations of poor quality and were generally unable to be developed for effective economic use. Ngāti Kuia were also allocated land on Stewart Island, but the Crown never granted them title to the land. Ultimately, these reserves did little to alleviate the landless position of Ngāti Kuia in Te Tau Ihu.

It was a similar situation for Rangitāne o Wairau and Ngāti Apa ki te Rā Tō. With few resources, the people suffered, and the iwi have been carrying this hurt for generations. The deed of settlement also contains the apologies that the Crown has offered to the iwi, which have been accepted. That is now in the legislation as well. It is obvious, with the acknowledgments by the Crown and the apologies for its actions and omissions, where the Crown breached the Treaty of Waitangi, that it is sincere. But it is an act of generosity by iwi to accept that. Here is an example of one of the apologies: “The Crown profoundly regrets its long-standing failure to appropriately acknowledge the mana and rangatiratanga of Rangitāne. The Crown did not recognise Rangitāne when it purchased the Wairau district in 1847 and recognition of Rangitane mana in the Te Waipounamu purchase was belated. The Crown is deeply sorry that its acts and omissions quickly left Rangitāne landless and this has had a devastating impact on the economic, social, and cultural well-being and development of Rangitane.” I think it is important that these words are on the record.

In the context of the losses, the compensation packages are quite small. In financial redress, Ngāti Apa ki te Rā Tō has a package that totals $28.3 million, Ngāti Kuia’s financial and commercial redress package comes to $24.8 million, and for Rangitāne o Wairau the financial redress package is $24.3 million. I make the point here that even when you add that up, it is only a fraction of what a southern finance company got quite recently—and it did not lose its land.

Cultural redress includes small parcels of land and includes some symbolic vesting of significant land to iwi. Then, continuing that generosity, the iwi gift them back to the people of New Zealand. The alpine tarns and lakes Rotoiti and Rotoroa and the Nelson Lakes National Park will be vested in Ngāti Apa and then gifted back to the Crown. The cultural redress also includes enshrining the rights of iwi to some of their food resources. I had not seen this before, so I thought it was really interesting. So, for example, Ngāti Apa can apply to the Minister of Conservation to take eels from the Nelson Lakes National Park and Rangitāne for judicious hunting of tītī. This is the cultural redress as well. The purpose of it is to enshrine the status of iwi as kaitiaki in their rohe.

No Treaty settlement is without controversy, but I have not dwelt on that here. However, I do wish to state that the Greens do not ever, ever see these settlements as full and final—not while the Crown determines who is in and who is out and not when we cannot know the impact that these sad histories may have on those not yet born. Of course, it is not full compensation anyway. But, having said that, I recognise that there is a delicacy and a balance that these settlements represent, and the Treaty settlement negotiators from the iwi should really be acknowledged and recognised for that. I also recognise that this is a day to celebrate for the iwi that are here. Without a doubt, you will be on a better economic footing than you have been for 106 years. Your future is far more secure than your past has ever been, so we wish you well. Nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

Ā, tēnā koutou e koro mā, e kui mā, e rau rangatira mā. E whānau mā, e ngā whānau o te iwi o Ngāti Apa ki te Rā Tō, Ngāti Kuia me Rangitāne o Wairau, ngā mihi nunui.

[And so greetings to you the elder menfolk, the elder womenfolk, and the leaders. A really big tribute to you the families and those of Ngāti Apa ki te Rā Tō, of Ngāti Kuia, and of Rangitāne o Wairau.]

I am humbled to stand and support the third reading of the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill. I extend my congratulations to the hard-working iwi negotiations team and the whānau tautoko for the many hours, the many days, and the many years that have resulted in today’s commendation of your bill.

In clause 6(2)(g), the bill: “provides for—(i) the effect of the settlement on the jurisdiction of a court, tribunal, or other judicial body in respect of the historical claims; and (ii) a consequential amendment to the Treaty of Waitangi Act 1975; and (iii) the effect of the settlement on certain memorials; and (iv) the exclusion of the law against perpetuities; and (v) access to the deeds of settlement.” The bill also provides cultural redress in Part 2 and commercial redress in Part 3.

This is a very good settlement bill. I commend it to the House.

Kia ora Mr Assistant Speaker. E ngā mana, e ngā reo, Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne o Wairau, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Thank you Mr Assistant Speaker. To the authorities, voices, Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau, greetings, salutations, and acknowledgments to you collectively and to us all.]

I too stand to support today’s kaupapa, the third reading of the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill. I congratulate you on getting to this point in time where we as the Crown can formally say sorry and give you the redress that you rightfully deserve—the economic packages that have been outlined and the cultural packages. As a House of Representatives, I think what we bring to today is a unified approach to Treaty settlements. Actually, that is really symbolic, because this place is a battleground sometimes. What you see on occasions like this is the coming together of not only us as members of Parliament across this House but us as a nation. I always thank our mana whenua, our iwi groups, for the manner in which you have conducted yourselves to get us to this point of truth and reconciliation.

This part of our country’s history forms the basis and heart of who we are. So when I stand to support a bill, it is always through a sense of pride—a sense of pride in being Māori but also a sense of pride in the fact that we were never erased. If we look at what happened to us historically, our lands were taken, but just because we had no lands it did not mean that our identity, our whakapapa, was ever eroded. In fact, through these settlements, our identity now is stronger than ever because of the place name changes—there will be 65 across these three iwi groups—that will for ever imprint us into our country. So I thank you for the manner in which you have conducted yourselves, because if it was not for your fight, we would never have got to where we are.

What I want to acknowledge are the people who have represented you through this process. For Ngāti Apa, it was the Ngāti Apa ki te Rā Tō Trust, which was chaired by Brendon Wilson. The day-to-day negotiations were led by Peter Mason. I want to acknowledge that the negotiations have meant that you have statutory acknowledgments over sites that are specifically relevant to you. It actually is the opportunity that those statutory acknowledgments provide that will provide the partnership that was always envisaged, I believe, within the Treaty. And so it is very interesting for me that you will create and publicise a set of principles with the Minister of Conservation.

I know that the Hon Nanaia Mahuta has made reference to the phrase “having regard to”, but I actually hope that the Department of Conservation, the New Zealand Conservation Authority, and the relevant conservation boards will actually give effect to those principles—not “have regard to” but “give effect”, which means that you will sit around those tables as decision makers, as governors of those sites that are particularly relevant to you.

Again, I want to talk about the 65 geographic name changes. What is in a name? I guess, in the future, it is about Te Tau Ihu’s identity. Some of the work that needs to happen after the settlement is making sure that the dissemination of those names happens right throughout the Te Tau Ihu rohe and that everybody should be aware of the name changes and why. I think that really provides the platform for mana whenua to start having constructive relationships with our kura, with our schools and high schools, to enable our young people and all New Zealanders to understand the history of our country.

With regard to Ngāti Kuia, they were represented in their negotiations by the Te Rūnanga o Ngāti Kuia Trust, chaired by Waihaere Mason, and the day-to-day negotiations were led by Mark Moses. I want to acknowledge you. Again, we will have that set of principles that you will jointly develop with the Minister of Conservation, but you also have a kaitiaki instrument that I wanted to highlight. This right to provide advice on key cultural issues relating to the management of specific flora and fauna, again leading into the future, means that you will have a day-to-day say in how those taonga are managed. Again, I think that is incredibly significant.

With regard to Rangitāne o Wairau, you were represented in your negotiations by the Rangitāne o Wairau Settlement Trust, chaired by Judith MacDonald, and the day-to-day negotiations were led by Richard Bradley. I congratulate you on, again, negotiating that the Minister of Conservation will develop and publicise a set of principles, but in addition you have a deed of recognition over Lake Rotoiti and Lake Rotorua in the Nelson Lakes National Park. These taonga, I know, will be looked after, because as kaitiaki you will ensure that those waterways remain healthy and that they will for ever be available to our mokopuna and our tamariki.

When I look at our settlements and the role that all of you will play in the future within the context of the rohe of Te Tau Ihu I feel reassured, actually, that our taonga will be for ever protected, and it is because we are always looking to the future. So when I look at the settlement and the opportunities that you now have, they add value to what you have already had and what you have created for yourselves. I wish you all the best in the future. I am not going to delay the passage of this bill any further, because I am aware that there is another Treaty settlement bill. So to all those involved in getting us to the point where we are today I say congratulations to you. Nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.

Tēnā rā koutou katoa te iwi o Ngāti Apa ki te Rā Tō, Ngāti Kuia, Rangitāne o Wairau. Ngā mihi ki a koutou katoa kia tū pakiri ai te whare o Apa ki te Rā Tō.

[Greetings, indeed, to you all the tribe of Ngāti Apa ki te Rā Tō, of Ngāti Kuia, and of Rangitāne o Wairau. You are all commended for your efforts that a sustainable house for Apa ki te Rā Tō be the vision for Ngāti Apa ki te Rā Tō.]

The vision for Ngāti Apa ki te Rā Tō is for a strong, vibrant, proud iwi that exercises and realises its rangatiratanga. Its vision is for effective, responsible utilisation of its resources to meet the needs and aspirations of the iwi while providing for future generations. Treaty settlements are about rangatiratanga. Whakahīa te ora tipu [raising healthy growth] is about improving the quality of lives by enabling Ngāti Apa ki te Rā Tō to create and take advantage of opportunities to better themselves. Maranga mai e te iwi Pākohe, maranga mai te iwi Ngāti Kuia.

[Rise up the tribe of Pākohe and of Ngāti Kuia.]

Ngāti Kuia and the Crown have made an agreement to settle, and in acknowledgment of the settlement, Ngāti Kuia have chosen to name it Te Whakatau. The iwi, from tīpuna and down through to today’s generations, have carried the burden of grievances caused by Crown action and inaction for over 170 years. Today Ngāti Kuia and the Crown will settle.

Rangitāne’s vision for the future is to be a dynamic, effective, successful, and profitable organisation working proactively and collegially with the Government, the community, and other iwi across the region and Te Wai Pounamu. Rangitāne will be committed to the development and promotion of honesty and integrity within the Māori context. Their ability to endure all manner of deprivation over the last century has been due to a strong belief in their ability as Rangitāne. The most precious asset that will require nurturing and developing in the future is that of its people.

Treaty settlements settle historical grievances, but today the Treaty settlements create a modern contextual framework for future development. I commend this bill to the House.

Kia ora, Mr Assistant Speaker. It is indeed a great honour to be able to stand up and speak to a Māori settlement bill, the Ngāti Apa ki te Rā Tō, Ngāti Kuia, and Rangitāne o Wairau Claims Settlement Bill. I guess there might be many in the gallery asking what this white Pākehā boy from the West Coast is doing. I am the proud representative of the top of the South Island, the West Coast - Tasman electorate, and have been for some time, and I have had many dealings with Ngāti Apa and the other iwi groups over many issues for many years. I want to acknowledge and applaud the efforts to get to where we are today.

I would like to go back and acknowledge that perhaps it was these three iwi groups who, in fact, sparked the movement that led to, I guess, the existence of the Māori Party. That was around the seabed and foreshore. It was a difficult time, particularly for Labour, but the fact is that this iwi group had nowhere else to go and they then lay claim to the seabed and foreshore, something that was unfortunate. It is no good crying over spilt milk, but it has meant that we have moved on, the Māori Party is in Parliament, and we now have a settlement bill before us that is a just and fair settlement, although I am sure there will be people who perhaps think it could have been greater on behalf of the Crown.

Can I just acknowledge, as a farmer who grew up on the banks of the Kawatiri River—the Buller River, the third largest in this country—that Lake Rotoiti and Lake Rotoroa are the source of that great river. It flows through my veins, and the way that Māori speak of it I can understand. I have lived on that river, had a business on that river, farmed on the river, and can appreciate the need to protect it and protect the source of it. It is fair and just that the national park be handed back to Ngāti Apa and Ngāti Kuia along with, I think, some name changes. The good thing that might occur now is that people like me may be able to better pronounce the new names that may be put on geographical places in the top of the South Island.

But I know—and my colleagues have spoken of Labour’s support for the process—that it has been a long and a difficult process. I would like to acknowledge, I guess, that many of my constituents from the top of the South Island have been on and off planes for a number of years now, coming to Wellington to negotiate on behalf of their people. You have done a great job, and I hope that this settlement will enable the iwi organisations to use this money to grow opportunities for your people from now and into the future. It is very, very important.

Can I acknowledge that from a commercial perspective this will allow a new partnership going forward. The fact that now there will be an obligation for proper consultation with iwi is fair and just. There will be issues of aquaculture development, of water management, and of general development, because it is one of the most highly desirable places in the country to live. I accept that. People are drawn to the sun. They are drawn to the top of the South Island. But with that growth come dilemmas of water quality and dilemmas of land use, and iwi will now be rightfully consulted at every stage of that growth and development.

So it is indeed a great honour to speak, to say a few words, and to acknowledge the efforts of iwi getting here, and to acknowledge the difficult early process for Ngāti Apa and Ngāti Kuia in particular. As I say, the seabed and foreshore issue, which in hindsight will be recognised as a significant issue that brought Māori together, I guess has led to diversity in this Parliament and, regardless of our political views on issues, has brought Māori to be truly represented in this House. Kia ora.

When the history books are rewritten, it will not be Ngāti Apa’s fault. The foreshore and seabed issue was a direct responsibility of the Marlborough District Council, and the council got it wrong—the council got it wrong. It did not trust or work with the local people. So let us get something straight right here—enough blaming Māori for this, that, and the other thing. Anyway, now I have had my rant. Ngā mihi nunui ki a koutou katoa e aku whanaunga, e aku rangatira, e aku tūākana, e aku tēina, tēnā koutou katoa.

[Huge accolades to you all, my relatives, leaders, elder and younger siblings. Well done.]

This is a very, very short contribution. I wish to confine myself to the Wairau affray, again, and mention and put into the record the names of those who lost their lives, because I think they deserve it. I have to start with Te Rongo, the wife of Te Rangihaeata, again because of somebody’s short wick. Yeah, it was an itchy trigger finger. So I pay my respects to Rongo. To the other Māori whānau who lost their lives in the affray, I am embarrassed that I do not know their names. The European settlers were Henry Augustus Thompson, Captain Arthur Wakefield, Captain Richard England, George Rycroft Richardson, W B Patchett, James Howard, Sylvanus John Cotterell, Thomas Maling, James Coster, William Gardiner, Edward Stokes, Eli Cropper, William Northam, Henry Bomforth, Thomas Tyrrell, Isaaq Smith, Thomas Pay, William Clanzey, James McGregor, John Brooks, John Burton, and Thomas Radcliffe. That is that.

Bill read a third time.

Haka

Karanga