Hawke’s Bay Regional Planning Committee Bill

on behalf of the Minister for Treaty of Waitangi Negotiations: Tēnā koe, Mr Assistant Speaker. Kia ora koe mō te whakatika i tērā kōrero, ā, tēnā koe, tēnā tātau katoa.

[Thank you for correcting that statement, and greetings to you, and to us all.]

I move, That the Hawke’s Bay Regional Planning Committee Bill be now read a first time. I nominate the Māori Affairs Committee to consider this bill.

I recognise that other iwi are in the House this morning, some moving on. Ko ētahi kai te puta i Te Whare, ko ētahi i tae mai i mua i tēnei o ngā pānuitanga tuatahi. Hoi anō, ko tāku he mihi kau atu ki a tātau, ngā mema Pāremata Māori e puta nei, ka mihi rā ki a tātau, te tikanga ia ko tēnei te wā tuatahi kua noho pēnei tātau i roto i tēnei Whare. Ka mihi ki ngā iwi kei roto i Te Whare Pāremata i tēnei ata. Tēnā koutou kai aku rangatira, haere mai rā ki roto i Te Whare Pāremata. Ka mutu, kai te mōhio tonu au kua ea te wāhi o ētahi o ngā pire i te tau kua hipa, otirā, i mua i tēnei rā, ka mihi rā ki tērā āhuatanga, me te mōhio anō hoki, i tēnei rā ko Tainui tērā e tangi nei mō tā rātau tangata, a Eru Tāmihana. Ko ia tērā kua riro ki tua o te pae o maumahara. Nō reira, ko tāku he tāpiri atu i ngā mihi katoa ki ngā mate huhua o te wā. Koutou ki te pō, haere koutou, e moe, okioki mai rā. Tātau te hunga ora, tēnā koutou, kia ora tātau katoa.

[Some are leaving the House and some got here before the first reading of this bill. Therefore my part is merely to acknowledge those of us members leaving the Chamber. It is appropriate that I should do this, because, according to procedure, this is the first time we have met in this manner in this House. I acknowledge the presence of the tribes in the House of Parliament this morning, and furthermore I am fully cognisant of the fact that parts of some bills have been fulfilled last year, before today, but mindful at the same time that Tainui is presently mourning the loss of their man Eru Tamihana. He is the one who has traversed beyond the horizon of remembrance. So I add my condolences to all of those, to the many deaths of the moment. You the deaths depart, sleep and rest there in the void, and to you the living I acknowledge you all. Congratulations to us all.]

I just want to join with other speakers this morning who have acknowledged those who have passed on. I recognise that some of the tribal members in our gallery bring with them those who have passed on, and I recognise this morning Eru Thompson, who passed away—nō roto i Tainui waka [from within the canoe of Tainui]—as well as the many others. So we think about them.

I want to extend a warm welcome to the representatives of the Hawke’s Bay, and, of course, the Hawke’s Bay Regional Council, which is involved in this bill, and who have joined together today. I understand that the interim chief executive of the Hawke’s Bay Regional Council and the chair of the Hawke’s Bay Regional Council are also in the House today. I welcome them, along with, obviously, others who are in the House. I also extend a warm welcome to Fran Wilde—tēnā koe—who was the chief Crown negotiator for the Ngāti Pāhauwera negotiations, where this bill had its origins. She is also in the House today.

This bill is the outcome of a lot of hard work and cooperation amongst all of the parties involved. It represents a positive approach for the future engagement between the Hawke’s Bay Regional Council and iwi in the Hawke’s Bay region. It is a constructive relationship, which has taken time and dedication, and a lot of work was put into making a real difference. Can I acknowledge the commitment and dedication of all of you who have come to the House today in advancing the bill to this particular phase.

When I was at St Stephen’s School—when I was highly academic and highly sporting, and in the kapa haka team—one of the songs we always used to sing was one by Canon Wī Huata of Ngāti Kahungunu. This song is always sung in Ngāti Kahungunu land. He was an Anglican minister and a military chaplain. I did not realise this, but he wrote a song whilst he was with his family at Lake Tūtira, north of Napier. The song—and I am sure even you have heard of it, Mr Assistant Speaker—is “Tūtira mai ngā iwi”. I would ask you to sing a few verses, but it will be all right—I will let you off. It goes something like this:

Tūtira mai ngā iwi

Tātou tātou e

Tūtira mai ngā iwi

Tātou tātou e

Oh, that is enough—that is enough. It might be matatini. I think that is a good song for today, because it basically epitomises this bill, with iwi working alongside local councils, and ending up in Parliament to actually adjust how we do things and the relationship between all parties. If you did not know, “Tūtira mai ngā iwi” means “Bring everybody together; line everybody together—all of us together.” So I think today it is a pretty appropriate occasion to sing that song. If you were to ask me to carry on, Mr Assistant Speaker, I would have, but you did not, so I will not.

This bill is a modern-day application of those lyrics, as I say, with the council, the iwi, and the community lining up and coming together. The origins of this bill take us back to July 2010. At that time, I am told, Cabinet agreed to establish by legislation a planning committee of the Hawke’s Bay Regional Council. The Ngāti Pāhauwera deed of settlement committed the Crown to establishing a committee, comprising equal numbers of council members and representatives of iwi, to have input into natural resources planning processes that affect the region.

Originally, the legislation was to establish the Hawke’s Bay Regional Planning Committee by Supplementary Order Paper to a Treaty settlement bill. However, there was no suitable settlement legislation to which such an amendment could be applied. As a result, this stand-alone Government bill has been drafted to establish the committee. The bill is necessary to ensure that post-settlement governance entities and Crown-mandated entities are entitled to appoint representatives. It is about recognising authority, and sanctioning the iwi mandate. The bill also ensures that the committee cannot be disestablished unilaterally by the council, despite the provision of schedule 7 of the Local Government Act 2002.

In practical terms, the committee has been in operation, as I understand it, for over a year, and each group has nominated and appointed its own representative to the committee. For this reason, the bill provides for appointer rights to be extended to those iwi with Crown-recognised mandated entities, as well as post-settlement governance entities. This gives legislative effect to the practical arrangements already in place. You would say that it is highly sensible, and that it makes a nice change to see legislation taking account of the practical realities of the everyday context.

The purpose of the committee to be established by this bill is to oversee the development and review of the regional policy statement and the regional plans for the Hawke’s Bay region, which will be prepared in accordance with the Resource Management Act 1991. The broader intention behind all of this is to improve engagement between the Hawke’s Bay Regional Council and iwi in relation to resource management matters. This is obviously going to be a contentious issue in the foreseeable future.

The planning committee is an excellent example of tangata whenua and local government working together. The planning committee includes representatives of Hawke’s Bay Regional Council; Ngāti Pāhauwera; Maungaharuru-Tangitū, who are also here; Mana Ahuriri Inc.; Ngāti Hineuru Iwi Inc.; Ngāti Ruapani; Te Tira Whakaemi o Te Wairoa; and Ngāti Tūwharetoa—which is a pretty big spread of iwi. Ngāi Tūhoe and He Toa Takitini also have the option to join.

By introducing this bill in the House today, we give effect to the commitment made by the Government in the Ngāti Pāhauwera deed of settlement. The bill goes one step further, and represents the agreements recorded in the Maungaharuru-Tangitū hapū deed of settlement to work with iwi, hapū and the council in order to agree on the detail of the Hawke’s Bay Regional Planning Committee, in order to introduce this legislation.

This form of Treaty settlement redress is consistent with the Government’s overarching position on natural resource management and the settlement of historic Treaty settlement claims. So I believe that the Hawke’s Bay Regional Council and local iwi are leading the way in the management of natural resources. I commend the vision and leadership of tangata whenua and this council in establishing the planning committee. I consider that the bill should proceed without delay to the Māori Affairs Committee, and I commend this bill to the House. Tēnā tātou.

Ā tēnā koe, Mr Assistant Speaker. Te Whare e tū nei, ā, tēnā koutou. Paritū ki runga, Tūrakirae ki raro, ngā roherohenga o tōku iwi Ngāti Kahungunu. Kahungunu ki uta, Kahungunu ki tai, Kahungunu ararau, te hononga māreikura o Kahungunu, Kahungunu Ringa-hora, te mana o ōku whenua e mihi atu nei, tēnā koutou, tēnā koutou, tēnā koutou katoa.

[Thank you, Mr Assistant Speaker and acknowledgments to you the House before me collectively. The tribal boundaries of my Ngāti Kahungunu people extend to Paritū above and to Tūrakirae below. Kahungunu extends inland and shoreward. It is transient and of noble connections. Kahungunu begat of Ringa-hora is I, prestige of my lands extending this greeting to you all, so accolades, salutations, and congratulations.]

It is my privilege to join in support of the first reading of this bill. Can I first acknowledge, ōku rau rangatira o te hau kāinga kua tae mai, haere mai, nau mai, piki mai ki tō tātau Whare. He mihi maioha, he mihi mahana ki a koutou katoa. [Welcome to you my leaders of a hundred fold from back home. Welcome and ascend our House. It is with affection and warmth that I welcome you all.] I have to be on my best behaviour because I have got some kaumātua sitting up in the gallery, and I do welcome them sincerely here to the first reading of this important bill. Like the previous speaker, the Hon Te Ururoa Flavell, I want to ensure that this bill goes through speedily to the select committee. I too want to stand in support of something that makes absolute sense, where our people from home can assert their mana whenua and their tino rangatiratanga status, particularly when it comes to local government. So I do want to acknowledge my wholehearted support for this bill.

Can I pause just a wee bit to acknowledge the mihi that has gone out this morning for those who have lost dear ones. I too want to acknowledge the passing of Eru Thompson. I actually interviewed Eru for a job in Tainui many, many years ago, so I do have fond memories of him. I farewell him in his journey, and my mihi goes to his whānau as well.

Looking up in the gallery at my people from home, I see my Uncle Bevan and I think of my Auntie Noreen Taylor. I want to acknowledge you, uncle, for being here, and I particularly want to acknowledge the passing of Auntie Noreen, who was a stellar person not only on our marae in Pātiki but for all the work she did in Kahungunu on behalf of our people. E mihi kau ana ki a koe, ki a koutou katoa. [A prolonged acknowledgment is extended to you all.]

I, like other speakers are going to say on this bill, want to ensure that the legislation that we are reading in the House today, and at the select committee in time, is fit for purpose and is future proof. When I look at the bill, I particularly want to draw people’s attention to the preamble recitals (2) and (3). For the benefit of the people in the House, recital (2) states: “In the Deed of Settlement dated 17 December 2010 between the Crown and Ngāti Pāhauwera, the Crown committed to establish a committee comprised of an equal number of Council members and representatives of Treaty settlement claimant groups whose role would relate to natural resource planning processes that affect the region, and include drafting and recommending to the Council, plan and policy changes affecting natural resources in the region:”. When you turn your attention to the preamble recital (3), it then goes on to say: “The Deed of Settlement dated 25 May 2013 between the Crown and the Maungaharuru-Tangitū Hapū records that the trustees of the Maungaharuru-Tangitū Trust, the Council, and other Hawke’s Bay iwi and hapū have agreed interim terms of reference for the committee that were adopted by the Council on 14 December 2011:”.

When I read those two recitals, I understand that the purpose of this bill is that tangata whenua, mana whenua, can exercise their rights at the table with the Hawke’s Bay Regional Council. When I read these two particular recitals, one—recital (2)—is of a very technical component. It talks about having an in-depth knowledge of the Resource Management Act and the technicalities that come through planning. That is what I get when I read recital (2). When I read recital (3), we look at all the Treaty settlement payment groups plus other Hawke’s Bay iwi. I know that the previous speaker acknowledged the make-up of the tangata whenua members of the regional planning committee. We have one member appointed from Maungaharuru-Tangitū. We have one member from Ngāti Pāhauwera. We have one member from Tūhoe, Te Uru Taumatua. I would like to think that Kahungunu was large enough to take over Tūhoe but we are not quite there yet. We have one member from the Ngati Tuwharetoa Hapu Forum Trust. We have one member from Mana Ahuri Inc., which is the hapū of Napier. We have one member appointed by Ngāti Hineuru, which is on the Napier-Taupō road. We have one member appointed from Te Tira Whakaemi o Te Wairoa hōpūpū, hōngenengene, mā te tangirau. We have two members appointed from He Toa Takitini, which is the Heretaunga to Tamatea—Hastings down to Central Hawke’s Bay—region. Of course, what we are also seeking, in terms of membership, is one appointed by the appointer for Ngāti Ruapani ki Waikaremoana.

I am more than happy that these listed members make up the Treaty settlement groups over which the Hawke’s Bay Regional Council has jurisdiction, but I cannot help but feel that there is a responsibility to have memberships that represent a completely iwi-wide perspective to ensure that that is not lost in the scheme of what we are passing in front of us. I will declare a conflict of interest, being a former chief executive of Ngāti Kahungunu Iwi Inc. I am still a bit mystified as to what has gone on around the involvement at the table in terms of this meeting. I am sure it will come out in the select committee consideration. But my earlier points that I made in referencing those two recitals were around membership and capability.

What I want to share with the House is a report that I have received from the environment and natural resources unit of Ngāti Kahungunu Iwi Inc. The breadth and cover of a two-person unit, in terms of both the resourcing matters back in the Kahungunu rohe—like I said, from Paritū down to Turakirae—the expertise, and, I guess, knowledge of dealing at both a Resource Management Act level and from an iwi-wide perspective are lost in terms of the membership grouping that we are passing through the House in this bill. I guess what I am putting out there—and it will come up, like I said, through the select committee consideration—is the possibility of including the iwi-wide perspective in this arrangement to ensure that things like freshwater issues, like marine protection, and like developing capacity in terms of scientists at the local level, are not lost.

I want to be very clear for my whānau sitting in the gallery. This is not to say that the members whom we enlisted cannot do the job. The contribution I am making is to support this piece of legislation through capacity and through membership that can also put a wide-view lens on what are going to be really critical issues currently facing our people back home in Kahungunu, Hawke’s Bay, when it comes to fresh water, when it comes to oil drilling, and when it comes to marine farming and aquafarming. We need to be able to bring all our skills and capabilities to the fore. It is my pleasure to stand and support this bill, prefaced on the fact that we need to employ all available skills and expertise to ensure that this bill is future proof, fit for purpose, and successful. Nō reira, I commend this bill to the House.

Kia ora. E mihi atu ki a koutou katoa e ngā manuhiri a tuaraki, ki a koe. Tēnā koutou katoa o ngā tuākana o Koukunu Mātakirau. E mihi tēnei nā raro i te puke tapu e kīia nei ko Te Poho o Tamatea Tuaraka o Te Wai Pounamu, ngā mihi. E mihi atu ki a koe o Ngāi Pāhauwera. E mihi o te uri o Kahu o Te Raki ēnā mauka o Tāwhirirangi, o te awa o Mōhaka, ngā mihi.

[Thank you. I acknowledge you all, visitors from afar, and you in particular. I salute you all, elder siblings of Koukunu Mātakirau from beneath the sacred hillock referred to as the Bosom of Tamatea Tuaraka of the South Island, greetings. I acknowledge you Ngāi Pāhauwera and relatives of Kahu of Te Raki, of those mountains of Tāwhirirangi, and of the river Mōhaka, greetings.]

I have been to your marae. You have a beautiful wharekai that looks like the Roman Colosseum—wonderful. Kia ora, Toro. I have also taken a number of your kaumātua when we went across to North Africa, Italy, Gallipoli with D Company, 28th Māori Battalion. Kia ora, ngā mihi.

Can I also acknowledge this truly incredible bill, which really signifies the fact about kotahitanga. This bill, the Hawke’s Bay Regional Planning Committee Bill, really does incorporate Māori and non-Māori in that whole area of collectiveness. What I want to do here is, first of all, to commend this bill to the House and also say that this bill is coming towards a journey that I am privileged to receive as the chair of the Māori Affairs Committee. We look forward to receiving this bill and sending it back to the House. Nō reira, e mihi atu ki a koutou katoa, kia ora.

Kia ora koutou, Mr Assistant Speaker. It is with great pleasure that I rise to speak in support of this, the Hawke’s Bay Regional Planning Committee Bill. But, before I do, I would just like to acknowledge the distinguished tangata whenua represented on the committee that this bill gives effect to. Kia ora. Welcome. It is also with great pleasure that I find myself working very closely with someone of such quality, passion, energy, and commitment as Meka Whaitiri. Miss Whaitiri and I are dedicated to working closely together on the issues that are important to the people of the East Coast to help find solutions to the problems that many in our communities are facing due to the tough economic times faced by the regions. Although there are a number of issues of absolutely vital importance, there is the issue of sustainable economic development—of jobs for our people, of creating opportunities for our communities. This paramount consideration is why I feel privileged to speak on this bill, because I believe it is just part of the jigsaw that forms the whole puzzle around creating sustainable economic development.

First of all, in order to give credit where credit is due, I stand and applaud the Hon Chris Finlayson and the dedication, energy, work, and commitment that he has brought to this very important task of righting past wrongs. He did, of course, have extremely big shoes to fill following the Hon Sir Michael Cullen, but luckily for New Zealand he also has extremely big feet. So the long march to redressing the injustices that started, I believe, under Norman Kirk continues unabated today.

Even though this bill is called the Hawke’s Bay Regional Planning Committee Bill, I do not see it as being about giving effect to a committee, but rather ratifying a partnership—a partnership between parties that will come together with a common purpose and that can teach and learn from one another. What I learnt in my role as forestry spokesperson across a whole range of consultation is that when it comes to land, Pākehā often talk about ownership. That has more of a short-term focus. Māori speak of stewardship, or kaitiakitanga. It is a beautiful word that we really do not have in the English language, which is a shame because it embodies in one word the philosophy that I actually believe we should be practising in the 21st century. Although I had heard the word, I did not really understand its meaning until I started talking to those for whom it is the only way. No one owns the land or the natural resources, but, rather, people are custodians of the land for future generations. If we are good custodians, then the land will be good to us. It will feed us, it will provide employment for our families, shelter, and land to call home for our children and our children’s children. But, most important, sound stewardship of the land will allow future generations to reap the rewards that respect of any resource continues to provide. This is why I see this committee that this bill ratifies as a partnership. It can be a very important and powerful committee for change.

Although it is of vital importance that the committee works well and that it is highly functional, it is most important that the views of all those who seek a position upon the board are respected. This legislation sets out the bones for this, but it is only words. Success will be defined by actions. There are issues around resource management like the dam, like fracking, like fish stocks, and like water quality, for example, that this committee should work collaboratively on—come up with solutions, but teach each other, learn from one another. Only when we work together and marry 21st century legislative requirements with a growing awareness that we are, in fact, only stewards of this wonderful land will we ever be able to move forward as a nation and as a region. Out of this, I see only opportunities coming out of partnership and meaningful collaboration. I see a region where there are plentiful jobs and thriving industries and engaged communities and healthy children and engaged whānau. I see a region where there is a pride that comes from knowing that together we are stronger and we can achieve anything.

So my key message really is that for a vision to be realised, we must first understand that we all have something important to offer and lessons to learn and teachings to give. This bill is one of the many steps to a future where we all work together to realise the region’s potential for current and future generations. It is a future based on mutual respect and trust, based on kaitiakitanga. Thank you very much.

I seek leave for this debate on the Hawke’s Bay Regional Planning Committee Bill to continue into the lunch adjournment if necessary.

To continue beyond the lunch adjournment?

💬 Joanne Hayes: Yes, beyond.

The ASSISTANT SPEAKER (Lindsay Tisch): Leave is sought for that purpose. Is there any objection? There is no objection.

Ā, tēnā koe e Te Mana Whakawā. Tuatahi kei te hiahia au ki te whakatakoto, ki te whakapuaki i tētahi o ngā karakia o te kāinga o Ngāti Porou, o Ngāti Kahungunu ki te Wairarapa. “Mai i rara rā, mai i rara rā, mai i rara rā te rangi runga nei, mai i rara rā te papa i raro nei, mai i rara rā Te Kāhui Ariki, Te Kahui Tipua, Te Kāhui Tauira. Tuku ana, tuku ana, tuku ana Te Reo kia rere. Tuku ana te kupu kia taka, tuku ana te take kia mau ū e hā, ū e hā! Ū e hā nuku, ū e hā rangi, ū e hā Tāne-nui-ā-Rangi, Tāne Whakapiripiri, nāna te rangi i runga nei i toko kia tū hāhā, kia tū kē ana nuku, kia tū kē āna rangi. Ka tangi te hau, ka matao, ka ao, ka awatea, tihei mauri ora!” E tika ana kia mihi ki a koutou ōku pou, ōku rahi, ngā hākui, ngā hākoro o te kāinga, me kī te kāinga. He hononga tā mātau o Te Wairarapa, ko koutou tēnā i tiaki, i manaaki i a mātau i rere atu ki Te Māhia, ki Nukutaurua i a mātau i rere atu. Nā reira, tēnā te hononga o Ngāti Kahungunu ki Te Wairarapa. Koi nei au e tuku mihi atu ki a koutou e haere ā-tinana mai ki te whakarongo ā-taringa kia kite ā-karu, kia rongo ā-wairua hoki nā reira, tēnei te mihi mahana, te mihi matakuikui ki a koutou katoa.

[Thank you, Mr Assistant Speaker. In the first instance I want to commence by reciting one of the incantations from back home, from Ngāti Porou and Ngāti Kahungunu to the Wairarapa. “From beyond the heavenly realm above and the earth below, from the cluster of aristocracy, supernatural and the pre-ordained, allow the language unfettered license to flow. Allow the word to roam at large and the matter to be comprehended and fixed firmly. Breathe it repeatedly and extensively Tāne-nui-a-Rangi and Tāne Whakapiripiri, the one who propped up the heavenly realm above so that its numberless heavens above it stood resolutely. The wind screams, extreme cold takes hold, day dawns, day light comes, and behold the breath of life!” It is fitting that I acknowledge you my support pillars, my many, my elderly women and menfolk from back home, let’s say the real home. We of the Wairarapa have connections with you who looked after and helped us when we left home and travelled that way to Te Māhia then on to Nukutaurua. So the connection of Ngāti Kahungunu to Te Wairarapa was forged that way. This then is the reason why I am extending this welcome to you collectively who came here personally to hear, see and experience the spirituality of the occasion. And so I acknowledge you all with a warming and joyful thank you.]

I am pleased to be able to stand in support of the first reading of the Hawke’s Bay Regional Planning Committee Bill. It makes me proud to come from Ikaroa-Rāwhiti when we are in this House today debating the fact that the Hawke’s Bay Regional Council and local iwi are leading the way in the management of natural resources.

Actually, “debate” is the wrong word. In reality, the relationship between the regional council and the iwi represents a joint approach to planning in Hawke’s Bay—a weaving-together. Indeed, as my colleague the Minister for Māori Development noted so well in his melodic rendition of “Tūtira mai ngā iwi”—because that is how we do it in the Māori Party, and I want to mihi to him—it expresses the unity needed and the unity that this bill outlines. I want to mihi to the whānau, hapū, and iwi of Ngāti Pāhauwera, Maungaharuru-Tangitū Inc., Mana Ahuriri Inc., Ngāti Hineuru Iwi Inc., Ngāti Ruapani, Te Tira Whakaemi o Te Wairoa, Ngāti Tūwharetoa, and Ngāi Tūhoe. He Toa Takitini also have the option to join in.

The planning committee is a benchmark model of tangata whenua and local government working together—a wonderfully vibrant concept of all parties coming together to focus on what they can do together to create a prosperous economy and a clean and healthy environment, now and for future generations.

The irony of the timeliness around this bill, of course, is that while we in the Māori Party are struggling and trying to delay the process of the Resource Management Act because we have been concerned that developments were compromising the integrity of kaitiakitanga, here our people are just getting out and boldly taking on those challenges to show us that when we recognise Māori as value added, as the local authorities have done here—that is, as an asset and not a deficit—then we can boldly work together to realise true ambi-cultural nationhood and protect our taonga together.

The Hawke’s Bay Regional Planning Committee Bill provides tangible living proof that tangata whenua are kaitiaki, or guardians, of the region’s natural resources and have a key role in the way that resources are managed both now and in the future. It shows, on paper and in practice, that new partnerships are possible between tangata whenua and regional councils. Through the committee, iwi will be able to contribute towards planning for the use of natural resources and environmental outcomes through regional plans and regional policy statements.

Why is this important? Essentially, it shows us that Treaty partnerships can be actioned and honoured through engagement and consultation. But it is also about practical ways of improving the efficiency and effectiveness of planning in the regions.

I want to share a comment that came from the report, from Toro Waaka, co-chair of the regional planning committee. It says: “The integration of tāngata whenua perspectives into the region’s planning and policy has provided tāngata whenua with a vehicle to fulfil their role as Kaitiaki of the region’s resources. The committee is committed to develop plans and policies to provide for current needs as well as promote sustainable environmental outcomes for future generations.”

I have to contrast what we have seen in the Hawke’s Bay with some of the public outrage associated with the proposed Auckland Unitary Plan provisions concerning mana whenua. The Māori Party believes that we must always balance any changes associated with lifting economic gains with the responsibilities that come from kaitiakitanga. “Balance” is the operative word. When we know that only 0.33 percent of all resource consents submitted to the Auckland Council triggered the provision to consult mana whenua, it provides a sense of perspective about the costs of cultural assessment. We are talking about just 200 out of 6,000 resource consents that were required to undertake that consultation, and of those 200, only 20 were declined.

It is all a matter of perspective. In the Hawke’s Bay, the balance is far more genuine, in my humble Ikaroa-Rāwhiti opinion. With an equal number of regional councillors and tangata whenua group representatives, the planning committee is the co-governance group for the management of natural and physical resources in the Hawke’s Bay. The focus is consistently driven by the need to ensure better planning processes, and, ultimately, better outcomes for Hawke’s Bay.

The committee is chaired under a dual chairmanship agreement, with the chairman of the regional council and a nominated tangata whenua representative, Mr Toro Waaka. The other novel feature of the committee is that decisions are made with at least 80 percent consensus, rather than a 50 percent majority with the chair’s casting vote. Members of the committee, particularly tangata whenua, can therefore undertake long-term planning that spans multiple years.

When the Māori Party took its manifesto to the people this year, a big focus of our environmental policy was on kaitiakitanga, reviving the role of kaitiaki for whanau, hapū, and iwi. As Māori we have a kaitiaki, or guardianship role, of our natural resources, based on the spiritual and cultural relationship we have always had with the environment. In that respect, Māori are the true Greens. Māori therefore have a crucial role in the management of these resources, including our rivers, mountains, and national parks. It is our responsibility and right to protect, restore, and enhance the environment.

What we see here today is in fact a true ambi-cultural nation, and a true partnership in action. It shows that we as Māori can be true Treaty partners and work in collaboration with our local governments. When that is recognised across this nation, then we will truly go forward. I have no hesitation in supporting this bill for our people and for our country. Tēnā koe.

Ko te mihi o te rā ki a koutou. I am pleased to take a short call on behalf of the Greens on this Hawke’s Bay Regional Planning Committee Bill. It is not an unusual bill, but it is one that is not typical in the context of Treaty settlements. As we know, of course, it establishes a statutory body with equal numbers of tangata whenua and council appointees that will develop, review, and oversee the regional plans and regional policy statements for that area.

We see this in a positive light. It is an expression of something closer to co-governance rather than simply co-management. Tangata whenua will take their rightful place at the position where key decisions are made, and where the significant shape and scoping out of what this area, this rohe, will look like in the future will be decided. That is as it should be, and that is entirely appropriate.

It is fair to say that in an ideal world, this bill would not be necessary. In a former life I was an academic and researcher around resource management planning issues, and I know very well that in the late 1980s there was a long and quite deep conversation in New Zealand about land management, planning, and managing our natural resources. We had something of a muddle of legislation and town and country planning laws. Rivers were managed as if they had no relationship with land, and vice versa. It was an entirely unsatisfactory and unhelpful set of rules, regulations, and, indeed, institutions that sought to manage land, water, and the environment generally.

Out of that conversation in the 1980s, of course, evolved the Resource Management Act. Māori were active participants in the conversations and the development of the Resource Management Act. I think there was some sense of celebration that in the Act as it emerged finally in 1991, right up there in section 6, “Matters of national importance”, it is required that everybody exercising power and functions under the Act should “recognise and provide for”, among other things, “the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:”. There is also the “protection of protected customary rights.” This is language we had never before seen in legislation of this nature, and it was seen as a significant step forward.

Similarly, in section 7, persons exercising functions and responsibilities shall have particular regard to “kaitiakitanga:” and to the “intrinsic values of ecosystems:”. Kaitiakitanga, of course, is a uniquely Māori concept. It is a bundle of rights and responsibilities exercised by mana whenua. Intrinsic value is a Western concept that reflects very clearly the Māori notion that the whenua has an identity of its own in its own right, irrespective of any identity we might place on it.

Section 8 of the Act, of course, requires people to “take into account the principles of” Te Tiriti o Waitangi, a somewhat weaker provision but nevertheless one that was rightly celebrated at the time.

In a sense, it is an unfortunate reflection on how the application and the implementation of the Resource Management Act over the 20 years - plus has wound out that, indeed, here in 2014 we are obliged to establish a stand-alone statutory body to ensure there is a strong Māori voice in decision making around resource management and around the future of the land, the awa, and, indeed, the communities. So I see this as a positive step, but in a sense I also regret that we have taken so long. We have had legislation that potentially empowers iwi and hapū to be involved actively, and in a very important and significant way, in resource management decisions. I think we have collectively failed to maximise that opportunity—that potential—within the Resource Management Act provisions.

Nevertheless, this is, as I say, a good piece of legislation. I must reflect on the fact that my colleague Catherine Delahunty has today, in fact, been engaging and talking with the iwi authority of Ngāti Kahungunu. She is hearing some concerns voiced about the legislation and about the level of engagement with Kahungunu. I would hope that as this bill progresses, that will be acknowledged and some of that put right. I am hearing this only second-hand, but I am seeing my colleague Marama Fox nodding here—and her insight into Ngāti Kahungunu affairs would be significantly greater than mine—so one hopes that that oversight will be seen to as this bill progresses.

On that point, as I say, I reiterate that the Greens are happy to support this legislation and look forward to ensuring that Māoridom has a rightful place in decision making in the Hawke’s Bay region. Kia ora.

Ā, tēnā koe, Mr Assistant Speaker, tēnā anō tātou. Koutou ngā manuhiri, ngā kairīwhi o ngā rōpū i ’hakararangitia i roto i te pire nei, e tū wāhi poto tēnei ki te tautoko ngā mihi, i mihingia e tō tātou Minita mō ngā Take Māori ki a koutou ki te hou mai nei i roto i tēnei Whare. Nā reira, tēnā koutou.

[Thank you, Mr Assistant Speaker, and greetings to us once again. Acknowledgments to you the visitors, and to those of you filling in for your parties and lauded in this bill. This is but a short call to endorse the tributes accorded by our Minister of Māori Development to you who came into this House. So greetings to you collectively.]

I stand on behalf of New Zealand First to first of all indicate our support for this bill going to the Māori Affairs Committee. In doing so, we certainly support the intent of it. The fact that this planning committee has already been in existence for a wee while now does beg the question as to why we should have legislation. It also begs the question why there is a clause in the bill that says that the committee, once this bill is passed, is to meet. The question that arises for me is what the position of those decisions made by the committee leading up to the introduction of this bill is. I have no doubt that during the select committee process that question will be answered.

I think that the Hawke’s Bay Regional Council and the respective groups that are listed in the bill should be commended for the approach they have taken to addressing these issues within their rohe. It does raise another question for us in New Zealand First if you consider the signals that the Government is making, the intent, in respect of the Resource Management Act. I just wonder whether or not the intended changes to that piece of legislation may mean that we are setting up a committee that probably could become toothless, so to speak, in that the very concerns that two parties particularly may have—tangata whenua and the regional council—may be removed from the original Resource Management Act. Again, the select committee process is an opportunity for us to hear not only from officials but from the regional council and those iwi groups that are listed in this bill.

The fact is, though, that this is part of a Treaty settlement, and I think the Government needs to be congratulated on accepting this process. I just want to say to our relations in Ngāti Kahungunu that we from Te Tai Tokerau—and there are a number of us in this House—feel obliged that we should support our relatives, albeit that they left us some centuries ago, left us bereft, and today we are still settling our Treaty claims while you progress. Tēnā pea tukuna mai he aroha ki a mātou o Te Tai Tokerau kia hoki mai ki te kāinga. Kia ahatia? Kia ahatia? Ko te mea nui kua tau kē tēnei pire. Nā koutou e hiahia ana kia kite atu i te ’hakamana o tēnei pire hei ture. Nā reira, ki ā mātou i roto o Aotearoa Tuatahi e tū kaha ana ki te tautoko i tā koutou hiahia.

[Perhaps you might consider cutting us of Northland a bit of slack by saying come home, to do what, to achieve what? The important thing is that this bill has been settled. You wanted this bill enacted. Therefore, to us of New Zealand First, we strongly endorse your wish.]

Again, this is just a short call. I commend this bill to the House.

Ā, e Te Mana Whakawā tēnā koe. E aku rangatira, ngā manuhiri tuārangi nō Te Tai Rāwhiti kua hara mai nei i roto tēnei Whare Pāremata, tēnā koutou, tēnā koutou. Nau mai, haere mai ki Te Ana o ngā Raiona e takatū nei. E rau rangatira mā huri rauna i tēnei Whare, tēnā koutou, tēnā koutou, tēnā tātou katoa.

[Thank you, Mr Assistant Speaker. To you my leaders, and visitors from the East Coast who have arrived here in Parliament House, greetings and acknowledgments to you collectively. Welcome, draw closer to the lion’s den waiting here in readiness, and accolades, acknowledgments collectively to you my leaders of a hundredfold throughout this House, and to us all.]

I am delighted to speak in the first reading of this bill, and also to round off the contributions from the Labour Party today. We wholeheartedly support this bill. Like all of these extended sittings, these are historic sessions in Parliament, and I do acknowledge our iwi from Te Tai Tokerau who have been here today for their first readings.

I am reminded, as we consider this bill, of the great Minister of Māori Affairs in the third Labour Government, the Hon Matiu Rata, who initiated, through the passage of Te Tiriti o Waitangi Act back in the mid-1970s, this modern era of Treaty settlements that we are part of today. I do acknowledge him and especially because of his iwi, Te Hiku o Te Ika, who are here today to have the first reading of their bill. It is a very historic occasion.

As I turn to this bill I am making only a short contribution, but can I, firstly, acknowledge all of the rōpū who are part of the committee that will be formally constituted through the passage of this legislation. I acknowledge my whanaunga from Ngāti Pāhauwera and I see Toro Waaka up there, who, through the passage of the Pāhauwera settlements, basically initiated the formation of this committee. That was also affirmed by Maungaharuru-Tangitū, and I see Tānia and Bevan there as well—representatives from that.

We are in the 51st Parliament now, but highlights for me in the 50th Parliament were definitely the passage of so many pieces of settlement legislation, and I do acknowledge the Minister and all the work that we do as members of the Māori Affairs Committee. During the 50th Parliament we saw the passage of the settlements of Ngāti Pāhauwera, Maungaharuru-Tangitū, and also the Te Urewera-Tūhoe settlement as well. They are all represented as members of this committee.

This bill is about increasing Māori—hapū—involvement in natural resource decision-making. As I acknowledged, through the instigation of the Treaty of Waitangi settlements in this modern era we are seeing a whole lot of unique configurations of joint management advisory committees—all sorts of different joint decision-making bodies in the local government space. I do commend that. I have got a very big electorate, but if I look to the south we have got Ngāi Tahu and our regional groupings, which we have, for instance, down in Murihiku or in the Canterbury region, where they work very closely with the local authorities of those regions. I also acknowledge the Greater Wellington Regional Council, which had its own self-initiated bespoke committee that was created, Te Upoko Taiao—and I do acknowledge the Hon Fran Wilde, who is in the House here today. I know that might not be in accordance with the Standing Orders, but I do acknowledge the Hon Fran Wilde for her work with the Greater Wellington Regional Council.

We are seeing the proliferation—and it is a wonderful thing—of these joint management bodies right around Aotearoa. From the north to the south, east to the west, local authorities are working with mana whenua, with hapū, and with iwi on resource management decision-making processes and long may it continue. Long may it continue. I guess our Māori aspirations, as we have mentioned throughout our kōrero today, are for tino rangatiratanga. We want an equal say. We do want an equal say. We want that partnership in natural resource management and we do want to influence the way that decisions are reached. These committees that are created, such as the committee under this bill, are a way and a means for our being able to express that partnership, that kaitiakitanga, those aspirations that we have. But this is given meaningful effect—meaningful effect—through this legislation.

I do want to acknowledge the points made by my whanaunga nō te nōta, Mr Paraone. I think he did raise some interesting points around the validity of decision making, given that the committee has been operating for, I guess, over a year now, and I am sure that those matters can be easily sorted out with us at the select committee level.

I do also note the contributions from our fine member for Ikaroa-Rāwhiti, Meka Whaitiri, regarding the exclusion of the Ngāti Kahungunu iwi incorporated body. Given that this bill does encompass the Hawke’s Bay regional planning and the regional council, which not only takes into account the land but takes into account water and the coastal and marine environment, and, given that Ngāti Kahungunu Iwi Inc. is a mandated iwi authority for the purposes of fisheries matters in terms of the fisheries settlement—and I know that they have had applications that they have made for marine farming out on the coast there—there should be consideration given to their inclusion in this bill, perhaps, to make sure. Although, I know that Ngāti Kahungunu is completely represented as well through the representation of all the hapū that together make up the wonderful iwi of Ngāti Kahungunu. So there are issues that we will consider at the select committee. I am looking forward to working with my other whanaunga, Nuk Korako from Te Wai Pounamu, Ngāi Tahu whānui, and other members on those particular matters.

Just to conclude my contribution today, I did enjoy the contribution from the Hon Te Ururoa Flavell, with his melodic utterance of the beautiful waiata from another whanaunga of mine, from Ngāti Pāhauwera, Canon Wī Huata, who penned that wonderful tune. What a wonderful kaumātua he was. I do have fond memories as a little boy going up to Mōhaka and seeing him in full flight.

For the record, and just to complete my contribution, the words of that waiata, “Tūtira mai ngā iwi”, are very, very apt for our kōrero, our deliberation on these bills this morning. But what I wanted to do is, just for the record of Hansard, correct a really common faux pas. There is an extra word that has been brought into one of the lines of “Tūtira mai ngā iwi”. For the life of me—it should not be there. It is “kia tapatahi”. The last few lines go: “Kia tapatahi, Kia kotahi rā, Tātou tātou e”. When I grew up, we added a “ko” in there: “Kia ko tapatahi.” That “ko” should not be there, and I have that on direct authority from the Huata whānau. So for the record of Hansard and for the benefit of Aotearoa, for those people tuning in, I want to ask that we remove that little “ko” that crept into that line.

💬 Louisa Wall: Sing the line, Rino.

OK, I will have to call on my tuahine here to join me. Let us do the whole lot, and then we will round it off:

Tūtira mai ngā iwi

Tātou tātou e

Tūtira mai ngā iwi

Tātou tātou e

Whaia te māramatanga

Me te aroha

E ngā iwi

Kia tapatahi

Kia kotahi rā

Tātou tātou e

Kia ora, Mr Assistant Speaker. Tēnā koutou katoa.

I am going to call the Hon Craig Foss and see whether he can match that.

Ha, ha! I have just learnt that it is very obvious, the Huata connection there—not only in size and stature but with the voice. So there you go. It is so obvious, now as I look across the House.

Tēnā koutou, tēnā koutou, tēnā koutou katoa. Can I please acknowledge not only the wonderful, passionate, driven, professional people from Hawke’s Bay in the gallery here today representing various iwi but also our regional council. I notice the seating arrangements up there in the gallery are very significant. I do not know whether you are meant to be wrapped around as you are, but I see it as quite significant.

Can I also acknowledge a great friend and a fine man who, I am sure, is here with us in spirit but would love to be here physically with us, and that is the Hon Parekura Horomia, who was from Ikaroa-Rāwhiti and had been engaged right from the start in all of these discussions. The bit we always loved in discussions on these type of Treaty-related legislation—particularly we as the National Party—was when Parekura would get up and give us a good clap and show his true colours in support of the things that we are doing. But jokes aside, I acknowledge the Hon Parekura Horomia, who I know would love to actually be here.

Hawke’s Bay continues to lead the way across New Zealand once again—Ranfurly Shield country. For the record: Ranfurly Shield country continues to lead the way—Hawke’s Bay. These are such exciting times for not only our country but particularly across all of Hawke’s Bay, and particularly those Kahungunu areas.

Can I just acknowledge the origins of this particular bill. I recall having discussions with the Hon Chris Finlayson and Fran Wilde 3 years or so ago, or maybe 4 years ago, about how to find ways through some of the challenges in Hawke’s Bay. There were some quite tense discussions—robust discussions, I think we call them these days—but the right outcome was had. To the surprise of many, I think, where we have landed today, it was, you know, not a big deal—no marches—but simply the right landing pad was found and the right people were involved. There were good solutions. Courage was shown by all parties involved to legitimise what should have been happening and what was starting to happen anyway. Ms Wilde and my colleague the Hon Chris Finlayson were just working to find ways through to where we are today, and that has to be acknowledged, I would suggest. The collaborative model that we have found—the cooperative, consultative, cohesive model that we have found—is an absolute credit to everyone who has been involved in this bill’s finding its way to where it is now. In the processes and the other various deed settlement processes leading up to it, we should acknowledge all of those who were involved. Many are not here and many are no longer here, but all of them shared the same drive and passion just to simply do the right thing.

It is a very, very exciting time for Hawke’s Bay, as I have said. We have many Treaty settlements. They are long overdue, I am sure, but they are coming to fruition now. Some have been finalised, and many are very close. It is such an exciting time for Hawke’s Bay. I acknowledge the courage and the professionalism of the many who are involved in starting to address some of the new challenges we will have as to what will happen in and around settlements, be they to do with governance, or be they to do with various assets and things like that, within the region of Hawke’s Bay. It is such an exciting place. Did I mention we have the Ranfurly Shield? I think I will mention it, just to get it on the record again.

There are lessons to be learnt for the rest of New Zealand here today as to how we have got to this point. Yes, I acknowledge that the bill will, of course, have to go through a select committee, but there are many lessons to be learnt, and I could bravely suggest again that in this process the radicals were ignored and good people got on with the job of finding a solution through quite tortuous areas. And throughout this process, remember, we had quite a few issues in and around water at a central government level, and more and more at a local government level, across Hawke’s Bay, but, again, I just cannot say enough about the group that has got together and achieved this bill here today. So I guess where we have arrived so far, and where we, hopefully, will continue, simply would not have been possible whatsoever without the mana, the courage, the integrity, the professionalism, the bravery, the openness, and the honesty of many people here in the gallery today, many others who have passed before them, and many who are back home, watching and listening to this. Of course, I include in that our Hawke’s Bay Regional Council—both the councillors and the executive—for finding a very courageous way through that will set the path for the rest of New Zealand. Thank you.

Bill read a first time.

Bill referred to the Māori Affairs Committee.

Waiata

The House adjourned at 12.50 p.m. (Wednesday)