Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Bill
I move, That the Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Bill be now read a first time. I nominate the Māori Affairs Committee to consider the bill. In November last year I had the very real privilege of being welcomed on to Tākitimu Marae in the Hawke’s Bay for a very special day. I attended the launch of Te Arawhiti Truth and Reconciliation Report by Sir Anand Satyanand and signed the deed of settlement with the iwi and the hapū of Te Rohe o Te Wairoa. The hospitality showed to the Crown party by the iwi and the hapū was outstanding, and some 3 months on I am honoured to extend a warm welcome to the members of the iwi and the hapū who have travelled here today for the first reading of their bill.
To those of you who have worked so very hard to make today possible, I offer you my sincere thanks, for the enactment of this bill is going to mark the end of a long-running Treaty settlement process between the Crown and the iwi and the hapū of Te Rohe o Te Wairoa—a journey that started in the early 1980s. Negotiations themselves have taken the best part of the last 10 years. While I acknowledge those who are here in the House today, I want first to mention members of the iwi and the hapū who have passed on while they were continuing their negotiations. This includes Te Ariki May and Valetta Wairau, who, sadly, passed during this process.
Can I also acknowledge the mandated representatives of Te Tira Whakaemi o Te Wairoa, with the lead negotiator John Whaanga, and the chair of Te Tira, Tāmati Olsen, the trustees of the post-settlement governance entity, and, indeed, all iwi and hapū members. I acknowledge the dedication of the original claimants, who pursued recognition and justice and set up the Wairoa inquiry district working group. They had foresight, and they paved the way for the establishment of Te Tira all those years ago. Can I particularly mention Paora Whaanga for his work. I actually visited him in his home in Gisborne on the morning of the signing ceremony and presented him with the deed of settlement for his signature because he was not well enough actually to attend the signing.
Finally, I want to acknowledge the chief Crown negotiator John Harbord and the former chief Crown negotiator Pat Snedden for their dedication to the settlement, and all the Government officials for the work that they have done.
The journey to settlement stretches back many decades, when the claims across the Wairoa inquiry district were originally lodged in the 1980s. This was actually more than a generation ago. Some here were not even born. A few years later the district working group agreed to work together to resolve historical Treaty of Waitangi claims with the Crown and they established Te Tira. Te Tira strived to bring together the whānau, the iwi, and the hapū of Te Rohe o Te Wairoa and look for the best way to address their grievances.
It was not an easy decision to make, but Te Tira decided to forego the Waitangi Tribunal process and enter into direct negotiations with the Crown. Despite choosing this path, Te Tira never forgot their main settlement goal of telling the story of the iwi and the hapū and of recording it for future generations. This eventually led to the cathartic process of Te Arawhiti, when the grievances of iwi and hapū members were aired at Tākitimu Marae and culminated with the release of the Te Arawhiti Truth and Reconciliation Report by former Governor-General Sir Anand Satyanand—and I mentioned that a little earlier. In the meantime, Te Tira received a mandate from the iwi and the hapū in February 2011 and signed an agreement in principle in June 2014. On 25 May 2016 Te Tira and the Crown initialled the deed of settlement, and that was signed in November last year. This bill provides for the final settlement of the historic claims of the iwi and the hapū. It gives effect to the deed of settlement signed last year.
The history of the Crown’s interactions with the iwi and the hapū of Te Rohe o Te Wairoa is marked by land alienation, warfare, and socio-economic deprivation. From the very beginning the relationship was flawed. The Crown did not take Te Tiriti o Waitangi into the Wairoa rohe, so the iwi and the hapū actually had no opportunity to consider whether or not to sign it. In the mid-1860s, the Crown then started to purchase large areas of land. It failed to adequately survey some of the blocks it purchased. It failed to fully investigate who had customary rights. And it did not set aside adequate reserves.
Another tragic element of the relationship between the Crown and the iwi and hapū of Te Rohe o Te Wairoa was the outbreak of war, which began when the Crown attacked the Omaruhakeke kāinga on Christmas Day 1865. Some members of the iwi and the hapū were captured by the Crown and summarily executed; others were detained without trial for 2 years on the Chathams. Other members fought alongside the Crown, and this led to ongoing divisions between hapū who fought on different sides of the conflict. The war also resulted in the loss of property for Te Rohe o Te Wairoa. Under duress, members agreed to cede more than 42,000 acres of land to the Crown while those who did not sign, effectively, had their customary interests confiscated.
A year later Te Kooti led an escape from the Chatham Islands to the mainland with other prisoners. Again the Crown asked some Wairoa Māori for military assistance, and members of the iwi and hapū of Te Rohe o Te Wairoa fought on both sides of the ensuing war. The Crown conducted further summary executions during conflicts during the late 1860s.
In the 20th century the Crown purchased substantial areas of land in the rohe for the Urewera consolidation scheme and to establish Te Urewera National Park. The iwi and the hapū of Te Rohe o Te Wairoa were not consulted. More than 500 acres of customary land has also been compulsorily taken for public works since the 1870s. Many of the Crown’s policies have contributed to the migration of large numbers of individuals from the iwi and the hapū, and they have left their rohe. Those who have remained have endured socio-economic deprivation, and have not enjoyed the same opportunities that many other New Zealanders have enjoyed.
As I said at the signing of the deed of settlement, the Crown does not have the means to fully compensate people for the loss and prejudice they have suffered, but it is hoped that the deed of settlement will provide a good basis for the future. The settlement contains the agreed historical account, which is a very important part of any deed of settlement. The total financial and commercial value of the settlement is $100 million, making it one of the largest settlements to date. Financial and commercial redress is mostly made up of a quantum, but it also includes the right to purchase deferred selection properties and surplus Crown properties, and also the transfer of interests in the Wharerata and Patunamu forests.
There is so much more that I could say that is contained in the deed of settlement, but you can see from the shuffling of my papers that I recognise that time is starting to run out, so I will leave it to other members to talk about other aspects of it. There will be an opportunity in the select committee to have a good look at the contents of the deed of settlement as it has been incorporated in the legislation. I hope that this first reading and that the ensuing process is going to mark a new beginning in the relations between the iwi and the hapū of Te Rohe o Te Wairoa and the Crown, and I hope that the settlement is going to support the iwi and the hapū in realising their future endeavours and aspirations. Once again, I thank all those who have played their part in getting to this stage, and I commend the bill to the House.
Kei ōku tuākana, kei ōku tungāne ngā waewaetanga o te pārekarekatanga o ngā rangatira o Ngāti Kahungunu, o tō tātou kuia tapairu a Rongomaiwahine, nau piki mai, nau kake mai! He mihi whakatau tēnei nāku ki a koutou ngā whanaunga o tōku kuia a Mirihutukatowahine kua tau mai i runga i te kaupapa o te rā nei, nau mai. Me tapatahi ai ō tātou whakaaro ki ngā mahi kai mua i te aroaro. Me tūtira mai ai hoki tātau ki roto i tēnei mahi, kia aha ai? Kia whai hua ai ō tātau na hapū, ā, kia whai hua ai ā tātou mokopuna heke iho. Nō reira, e Te Iwi, e ngā whanaunga, e kui mā, e koro mā, nau mai, hara mai, nau mai, hara mai, nau mai, hara mai! E Te Māngai o Te Whare, tēnā koe, e ngā mema o Te Whare nei, tēnā tātau katoa.
[To you, my elder siblings and brothers, the agile legs of leisure of the esteemed ones of Ngāti Kahungunu, and of our elder and first-born womenfolk Rongomaiwahine, come forth, come hither! This is my welcome homage to you collectively the relatives of my grandmother, Mirihutukatowahine, who have arrived upon the matter of this day, welcome. Allow our thoughts to be united in regard to the tasks before us. Let us also line up as one in this work, and why? So those subtribes of ours and eventually our grandchildren will benefit from the outcomes. Hence, to you the tribe, the kinfolk, the elder women and menfolk, come forth, come hither, come aboard, welcome, welcome, welcome! Thank you, Mr Assistant Speaker, and my acknowledgments to us all, the members of this House.]
It is indeed my privilege and honour to lead Labour’s unwavering support for the first reading of this very important, very significant piece of legislation, the Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Bill. I too want to add my dearest acknowledgment and thanks to the many whānau who have travelled from Te Wairoa, Māhia, Waikaremoana, and those who live here in Whanga-nui-a-Tara. Kei te mihi ki a koutou katoa.
The Minister for Treaty of Waitangi Negotiations has aptly laid out, in a nutshell, the parts of this bill. All that I want to add is that the bill does, like the Minister said, give effect to the deed of settlement, which was signed at Tākitimu Marae in Wairoa on 26 November 2016. We are aware that this is a settlement bill for many iwi and hapū that are covered under it. It is recognised as the fifth-largest Treaty of Waitangi settlement to date.
Just to paint where this beautiful rohe is, it is south of Gisborne, around the Wharerata Ranges and down into northern Hawke’s Bay. It includes the Māhia peninsula, the town of Wairoa, and Lake Waikaremoana. The iwi and hapū of Te Rohe o Te Wairoa is one of six large, natural groups negotiating the settlement of the historical Treaty of Waitangi claims of Ngāti Kahungunu. Ngāti Kahungunu is the third-largest tribal group in New Zealand. Again, while my whanaunga are in the gallery, I want to acknowledge the stellar job that many of our whānau from Te Wairoa and Māhia did in hosting the many iwi from the motu in our recently successfully held Te Matatini. Kei te mihi.
There are approximately 25,500 people in the iwi and hapū of Te Rohe o Te Wairoa. As the Minister said, the bill was first lodged in the 1980s. I want to, as in the Minister’s contribution when he talked about the early 1980s, also acknowledge those who are no longer here—te ariki me people like John Scott, Lena Manuel, Ozzie Huata, and many of those kaumātua who led the people of Wairoa in a very important way. I also want to add thanks to the negotiators John Whaanga and Tāmati Olsen. I would say that we kind of are of the same era, in that both John Whaanga and I went to Victoria University together, and in that Tāmati Olsen and I were both chairpersons of our boys’ school, Te Kura Māori o Porirua. It is not an easy job to be a negotiator on behalf of your people, particularly in this claim, where the Crown wants to settle expediently and where people want more. But I want to acknowledge all the Treaty negotiators, both on the part of the iwi and also the Crown, in ensuring that we get this bill into this House.
Hopefully, touch wood, having had a quick talk with the chairman of one of the hardest select committees, Nuk Korako, as to whether there will be any problem with the quick passage of this bill, so that we can get it back into the House for the third and final reading—he assures me that there will be no issue with that. So, hopefully, we will all be working really hard as members of the Māori Affairs Committee to ensure that we are back here in a very timely manner.
In reading the legislation itself, there are some highlights that I want to draw to the House’s attention. The Minister did acknowledge the acts and omissions of the Crown, but, for me, in the acknowledgment part of the bill, clause 9 of Part 1, it talks of the native land laws and makes acknowledgments. Clause 9(9)(b)—and I do want to read it, for the benefit of the House—says that “in 1867 and 1868, the Native Land Court awarded ownership of numerous blocks in which the iwi and hapū of Te Rohe o Te Wairoa had interests to a maximum of 10 individual owners and, by allowing these owners to dispose of this land as their absolute property,”.
This raises the issue around the importance of land remaining in the hands of Māori. It raises the issue that, when we are making decisions on land, it is not individuals’ but the collective decision that is at risk here. In this acknowledgment, in this particular clause, clause 9(10), we are talking about the “Tahora 2 secret survey”, where that land was surveyed without the knowledge of the iwi. We talk about the “Tahora 2F2 survey” in clause 9(11), which says that over 803 acres more than should have been taken was taken and never returned. We go down to clause 9(12), “Administration of the East Coast Native Trust”, and clause 9(13), “Compulsory vesting of Waipaoa 5”. We have clause 9(14), “Early twentieth century Crown purchases”, and the sham of a provision in the native land laws for Māori.
This presses upon a point that I have been championing since I have been in Parliament, and that is around Te Ture Whenua Maori Act reforms. We run the risk of doing exactly what the Crown is acknowledging in this significant piece of legislation—that, through the acts and omissions of the Crown, we could potentially allow individuals to make decisions on collectively owned land. That is what this clause, clause 9, is raising when I read it. It is a timely message to us all—that in honouring this important piece of legislation for the people of Te Wairoa, we do not bring into this House legislation that could potentially lead to further alienation of land.
I also want to acknowledge that clause 9(21), “The environment”, does acknowledge that the Crown will have a relationship with Te Rohe o Te Wairoa. Clearly, we have legislation in this House around water quality and changes to the Resource Management Act—and I am only saying this, whānau, because while we are talking about this particular legislation, we have also got to keep an eye on what legislation is coming through this House that may impact on the protocols and the partnerships and the relationships you are having with these particular agencies in relation to the environment. So I leave that there for you to ponder and to consider.
I understand that this has been a well-thought-out negotiation with the Crown to get the best possible deal for our people of Te Wairoa and Māhia and Waikaremoana and Tūai. I do want to acknowledge the hard work of all those involved. I do want to acknowledge the work of the Minister for Treaty of Waitangi Negotiations in bringing this bill back in a timely fashion. There are many challenges ahead, but, for now, this is a time to acknowledge in the House you who have travelled down to hear the first reading, to acknowledge the hard and difficult work that you have all put in to getting to this point, and to assure you that when this bill leaves this House to go to the Māori Affairs Committee to give it its due test to ensure that we have got the right settings in this piece of legislation, it is not only a time for the public to comment on this legislation but for those most affected by it to do so. I encourage not only members of this particular iwi organisation to submit to it but anybody in Te Wairoa and Māhia and Waikaremoana to come in front of the select committee to put their views upon it.
We look forward to the bill coming back into this House. Like I said, I have got a commitment from the chairperson that we will do this in an expeditious way. I assure you we want to get this bill passed before the House lifts in early August, and I wish all the whānau who have travelled far all the very best in your return home. Nō reira e te iwi, tēnā koutou, tēnā koutou, tēnā tātau katoa.
Tēnā koe e Te Mana Whakawā. Anei te mihi atu ki a koutou, tēnā koutou te rohe o Te Wairoa, Te Māhia, Te Nūhaka koutou katoa i tae ā tīnana mai i tēnei Whare. Nei te mihi atu ki a koutou, me ō koutou kaumātua, ngā here whakapapa e hono ai tātau katoa i roto i te rohe o Ngāti Kahungunu, ā, nei te mihi atu ki a koutou! Kai te mihi atu ki a koutou ngā rangatira, ngā hākui, ngā hākoro, kai waenganui i a koutou. Hari koa rawa atu ki te tūtaki i a koutou e noho nei i tēnei wā. Kai ngā iwi o te rohe o Te Wairoa: ko Rongomaiwahine, ko Ngāi Te Rakatō, ko Ngāti Rākaipata, ko Te Whakakīnui-ā-Rua, arā, ko Ngāti Hinepua, ko Ngāi Te Ipu me Ngāi Tahumatawhāiti, ko Ngā Tokorima-ā-Hinemanuhiri, ko Ngāti Hinemihi, ko Ngāti Hinehika me ko Ngāti Hinganga. Koinei koutou, kai te mihi atu ki a koutou, hara mai, hara mai ki tēnei Whare ō tātou, ēhara tēnei i Te Whare o ngāi mātau, o te ao tōrangapū—ehē! Ko Te Whare nei, Te Whare o Te Tangata o Aotearoa; ko koutou tēnā, ko tātou tēnā, koinei tō tātau Whare. Tēnā koutou, hara mai, hara mai, hara mai.
[Thank you, Mr Assistant Speaker. I acknowledge you, each and every one of you of the Wairoa, Māhia, and Nūhaka region who have arrived here physically at this House. I commend you, your elderly folk, and the genealogical ties that connect us all in the territory of Ngāti Kahungunu, so I salute you collectively indeed! I congratulate you esteemed ones, elderly women and menfolk amongst you. It is indeed a real pleasure to meet you seated here at this time. Here you are then, the tribes of the Wairoa region: Rongomaiwahine, Ngāi Te Rakatō, Ngāti Rākaipata, Te Whakakīnui-ā-Rua, namely Ngāti Hinepua, Ngāi Te Ipu and Ngāi Tahumatawhāiti, Ngā Tokorima-ā-Hinemanuhiri, Ngāti Hinemihi, Ngati Hinehika, and Ngāti Hinganga. This indeed is you collectively, and so I doff my hat to you, welcome, come forth to this House of ours, which is not ours of the political world—hell’s teeth! This House belongs to the individual of New Zealand; you are that individual, we are that individual, and this is our House. Congratulations, come hither, come forth, welcome.]
Today marks an important turning point in the relationship between ngā iwi and ngā hapū o Te Rohe o Te Wairoa and the Crown. The signing of the deed of settlement last year in November was a significant occasion—such a proud moment. It was such an honour to be there in your presence, to see all those amazing photos of your tupuna lined up in front of the whare, to be greeted by the ope taua in a pōhiri with the wero—so proud.
It is a little bit, you know, confusing sometimes for Māori politicians to be walking in with the Crown to offer the apology on behalf of this Government to our people, but I always take it as an opportunity just to live in the moment and embrace the wairua of the occasion. How proud I was to be there with you in all your glory with all your tupuna lined up on the mahau of that whare to recognise the significant work that you and your whānau and your kuia and your kaumātua for years and years and years have been doing to bring you to this moment, and at that time to that moment.
The task has not been undertaken lightly. It is a huge responsibility that we bear to rectify the injustices of the past, to carve out a place for our present, to ensure that our children and our tamariki are catered for in this significant deed of settlement and at the signing. We put our best negotiators on it to make sure we can get the best deal for the future of all our tamariki and mokopuna for the years and the generations to come. Indeed, you feel the weight of the responsibility and the burden of that task, and it is not the end; it is merely the beginning. So I salute you today.
We need to acknowledge those who have passed, rātau kua mene atu ki Te Pō, pērā ki tērā a Te Ariki Mei ēngari anō, ko ngā kaumātua katoa kua hinga, i ā rātau e tatari ana mō tēnei wā [those who have assembled in the void, like that Te Ariki Mei, but also all the old people who died during the time that they were waiting for this moment].
Kua mate atu rātou katoa.
[They have all passed away.]
We think of those who have passed on in the recent past, but, also, in the 175 years coming to this point in time—all of those who have gone before and fought the entire way to ensure that they had the best for our tamariki and our mokopuna at every turn.
I would also like to acknowledge Paora Whaanga, Miniata Westrupp, Seenie Kahukura, and Pauline Tangiora, who have continued to provide wisdom and expertise to ensure that the story of Te Rohe o Te Wairoa is told with integrity and that people are firmly focused on the many possibilities for the future. And so many have been involved—and, of course, Tāmati Olsen, who has been acknowledged already, and Te Tira Whakaemi o Te Wairoa, which is ready to take you on into the future.
The negotiation team, which was led by John Whaanga, is to be congratulated on what you have achieved. This is your story of your people, of your historical account—your history in your words. The account and the acknowledgment of the breaches and the apology are important parts.
This is the fifth-largest settlement to date—$100 million. I have been to Wairoa a bit over the last few years and spoken with your district council, and I look at the population data and think “60 percent of Te Wairoa and the surrounding district are Māori.” And I see that and go: “That’s fantastic.” Do you know what that means for your people—to look at those numbers and think about the asset that comes with that knowledge, for the people who have never given up, who are resilient, who are strong, who are here, and who lead the way? I challenge the Wairoa District Council to look at those numbers and not see it as a deficit of “Oh, no. What are we going to do? We’ve got a 60 percent Māori population.”
That is an asset, and something to be proud of. You hold the balance of power in your rohe. I was proud to see that this year, or last year, Māori wards in Wairoa were agreed to be established in the last vote, to have representative places. Whether or not you are Māori—but to have a place always there for your representation; that is significant.
Te Rohe o Te Wairoa can be proud of their many, many achievements, and you only need to look at your own representative, Tā Timi Kara, Tā Turi Kara, the first Māori Minister of Native Affairs, who also can claim the accolade of being the first Māori Prime Minister, as he took on that role in an acting position at least twice during his term.
I am inspired by your tamariki and your mokopuna, who have the vision of Te Wairoa Reorua 2040—a bilingual Wairoa. They inspire us. This future generation is already carving out a place for their future, and it recognises that Te Reo Māori is part of my future, part of their future, part of their identity, part of their cultural and language identity for Te Wairoa, and it is no surprise—it is the home of Te Ātaarangi; no surprise at all.
I have got a whole great big speech that I am not even going to get to. You know what? When I think about Te Wairoa—yes, there is a lot of suffering there sometimes; there is great deprivation there. There is hurt there. People have to go to get their dialysis treatment down in Hastings. People have to sell their land. You cannot even get home dialysis because you are on water-tank supply. But the power is in your hands. You tell us. You have 60 percent Māori population. You have one of the largest settlement redress packages ever in the history of this nation. You have a powerful community. You have hard-working people who have learnt that by the sweat of our brow we will make our bread, and you continue to do it today.
My ancestor Nuku-pewapewa was lost at the mouth of the Wairoa River trying to cross that bar. We sing and we lament of him, but he was one of many of Ngāti Kahungunu who led the way and forged a path. I do not even know what the rest of that speech said; I am just so proud to be here with you today. This is the first step, the beginning of your road, and you have got the future in the right hands with your mokopuna and your te tira whakaingoa [nomination company]. Pai te mihi atu ki a koutou, koutou i tae ā-tinana mai. Kai runga i ō koutou pokohiwi. Tēnā koutou, tēnā koutou, kia ora mai tātau katoa.
[It is so nice to congratulate you collectively who have arrived here physically. The responsibility is on your shoulders. Well done, congratulations to you collectively and to us all.]
Tēnā koe e Te Māngai o Te Whare. Tuatahi māku e Te Kaiwhakariterite i a tātau i te rā nei, e te pāpā e Tūtehounuku, nāu, tō tātau arawhata i hanga kia whakakotahi ai te wairua o tēnā, o tēnā o tātau kua tau i te ata nei, kāti. Ngā mihi nui ki a koe. Huri tū atu ngā whakaaro me ngā mihi ki ngā tini aituā o te wā i wahaina mai e ngā kaikōrero o tō tātau Whare, i ētahi o ngā aituā ki roto i te takahanga o tēnei pire, tae noa mai ki tēnei wā. Ki roto i ngā wiki kua pahure ake nei, i mōteatea ai Te Iwi Māori i ngā aituā maha o Te Ao Māori ki runga i te atamira, ki roto o Ngāti Kahungunu, arā, ko Te Matatini. Ka pērā tonu tēnei i te rā nei ka tangi hotuhotu ki ngā aituā maha ki runga i tēnā marae o tātau. Kotahi tonu te kōrero ki a rātau kua ngaro atu ki Te Pō, haere mai, haere!
Ka whakahokia mai ngā rārangi kōrero ki a tātau e aku rangatira, tēnā koutou, tēnā koutou, tēnā tātau katoa. E Tākitimu waka, e ngā uri o ngā tūpuna kua riro atu ki Te Pō, nau piki mai, nau kake mai, nau haere mai ki roto i tō koutou Whare. Ka kore tēnei e kī atu nō mātau anahe, kāhore ēngari, nau haere mai te tāhuhu o tō tātau Whare; Te Whare iringa kōrero, Te Whare whakatau kaupapa. I tēnei wā ka whakatau tātau i tō tātau kaupapa, arā, te pānuitanga tuatahi o tēnei pire e pā ana ki a koutou. Nō reira, haere mai rā koutou. E tautoko atu ana ahau i ngā kōrero a tēnā, a tēnā o tō tātau Whare, ā, kua kōrero ki te kaupapa nei.
Tuatahi ki a koe e Te Minita Tatūnga i ngā Take Tiriti o Waitangi, the Hon Christopher Finlayson, e mihi atu ana au ki a koe. Kua takahia nei e koe i tēnei ara whānui, ahakoa ōna piki, ahakoa ōna heke, kei konei tonu koe e hāpai ana i ngā mahi o Te Karauna hei whakapāha, hei tatū ai i ngā nawe, i ngā kerēme o tēnā iwi, o tēnā iwi, o tēnā iwi. Kāti, ka kapohia ake e ahau tetahi o ngā kōrero o tōku tuahine nei a Meka Whaitiri. Hei tāna, ka taea tēnei pire te haere ngātahi ki roto i tēnei Whare, te haere wawe ki roto i tēnei Whare, te haere tika ki roto i tēnei Whare. Tēnā, ka toro atu te ringa o Te Rōpū Reipa ki a koe e Te Minita, inā tū ai tetahi huihuinga nunui ki roto i Te Whare Pāremata, anā, toro mai ki a mātau kia hui ngātahi, kia kite ai Te Iwi Māori i te tū kotahi o tēnei Whare nā runga i ngā kaupapa kua whakaritea nei e koe, otirā, tātau i te rā nei. Nā, ko waku mahara ki te hui nui i tū i nanahi rā mō Te Maunga o Taranaki, kāti ka waiho nā atu tērā kaupapa ki reira.
Ka whakahokia mai ki te pire kei mua i te aroaro o Te Whare i te rā nei. E aku rangatira, ki roto i te pānuitanga tuatahi, kua wahaina mai e Te Minita me ngā mema o tēnei Whare, i ētahi o ngā tāngata i whakapau kaha, i heke ai te werawera ki te tutuki i ngā kaupapa kua whakaritea nei ki roto i tēnei pire. I a au e tiro atu ana ki a koutou e noho mai rā ki runga, ka kite atu ahau i a koe e te pāpā, e Pīeri, koutou ko ētahi o ngā matua—aroha mai ki te hunga kei taku tuarā—hoinō Tāmaki koutou mā, e mihi atu ana ki a koutou. E mōhio ana koutou ki ngā kōrero kei roto. Hoinō tāku i tēnei wā hei whakarāpopoto ake i ētahi o ngā āhuatanga kei roto i te pire, me te kī atu ki a koutou, e tautoko ana ahau i te kōrero a tōku tuahine a Meka me te kī atu, āe, mai i te pānuitanga tuatahi tae noa atu ki te pānuitanga tuatoru, arā, te pānuitanga whakamutunga. Kei konei mātau katoa ki te āta wetewete, ki te whakapakari ake i tēnei pire. Tēnā pea ka rerekē te pire ka kōrero nei tātau i tēnei wā ki te pire hei te tutukitanga a te pānuitanga tuatoru. Ēngari, waihonā atu mā mātau, mā Te Rōpū Whiriwhiri i ngā Take Māori, te pire nei e whakarite, e whakapakari, e panoni pea, e aua! Ā taihoa ake nei ka haere mai koutou ki te āta kōrero ki a mātau o Te Rōpū Whiriwhiri i ngā take e pā ana ki tēnei pire. Kāti!
E toru ngā wahanga o tēnei pire. E aku rangatira kia mōhio mai koutou, anei hoki te pire—e aua, 10, 12 pea e pā ana ki ngā take Tiriti kua uru mai ki roto i tēnei Whare i a au e noho nei ki roto i Te Whare. Ka kite atu ahau i ngā wahanga e toru. Horekau he rerekētanga ki roto i ngā pire katoa, hoinō, ko ngā kōrero kei roto he mea rerekē nei. Nō reira, tuatahi ko te whakapāha a Te Karauna ki a koutou. Horekau he Māori ki runga i te mata o te whenua e whakahē ana i tērā mahi a Te Karauna, kia whakapāha atu mō ngā tūkinotanga, mō ngā hēmanawatanga kua pāngia ki runga i a tātau e Te Iwi Māori. Nō reira, e mihi atu ana ahau ki tērā whakaaro nui ēngari, ki roto i te roanga o ngā tau kei mua i a tātau ka kite mehemea, he mana kei muri i te kupu. Māmā noa iho te whakapāha atu ki Te Iwi ēngari, ki te tutuki i taua whakapāha, kia rongo ai te kiri o Te Māori i te whakapāha, kia whakahokia atu te mana motuhake i whāia nei e ō tātau mātua tūpuna, ā taihoa ake nei tātau ka kite. Koinā te wahanga tuatahi.
Ki te wāhanga tuarua, ko ngā whakaritenga ki ngā tūhononga kua whakaritea nei e te pire mā koutou hei hāpai, mā Te Karauna hei hāpai ki roto i ngā tau kei mua i a tātau; e tika ana te kōrero a tōku tuahine nei, a Meka Whaitiri, e pā ana ki te wai. I kite atu ahau ki roto i te pire nei, ka whakahokia atu te mauri o ngā awa, me ngā repo, me ngā wāhi tapu, me ngā kāinga ki a koutou. Ēngari, ka mutu, ka tango ake anō e Te Karauna i ngā wāhi rā ki te whakarite i tetahi atu poari, aha atu raini ki te whakahaere, ki te tiaki i ngā puna wai me ngā wāhi o te kāinga. Rawa au e tino whakaae ana ki tērā tūāhuatanga, hoinō. Koinei hoki ko ngā whakaritenga i whawhai nei e koutou ki Te Karauna mō te pire nei. Tā te mea e tata pau haere ana te wā ki a au nei, ko te wahanga whakamutunga o te pire, anā, ko te rahi o te pūtea! E tautoko ana ahau i te kōrero a Te Minita, e kī nei: “Ahakoa te rahi o te pūtea ka tukuna atu ki a koutou, ko taua rahi rā ēhara i te mea, e ōrite nei ki te pūtea me te mana i tango ai Te Karauna ki roto i ngā tau maha kua pahure ake nei.” Hoina anō ko te rahi o te pūtea, he rahi pūtea ka āhei koutou te tiro atu ki ngā tau kei mua i a koutou mō ngā uri whakatupu, mō ngā uri whakaheke ā taihoa ake nei.
Ki roto i te meneti whakamutunga māku, ka hoki atu waku mahara ki ngā kōrero kei roto i a au o Te Tai Tokerau, mō te hekenga o Kahungunu ki roto i a koutou, te moe ngātahi ki tō koutou tupuna a Rongomaiwahine, me ngā—e hoa, koinā te kino o tērā tangata! Ko te kaha whai i ngā wahine Māori—kāti. Ko koutou tērā kua tae mai i te rā nei. He mea pai tēnā te kite atu i tō tātau whakapapa. Ko tō tātau whakapapa ka kore e kitea ki roto i ngā pire o Te Whare Pāremata nei, ā taihoa ake nei tātau ka wānanga, ka tūhono anō tātau o Te Tai Tokerau ki a koutou e ōku whanaunga, e ōku rangatira kua tae mai i te rā nei. Kāti, ko te manako, kia tau iho mai ngā manaakitanga o Te Kaihanga ki runga i a koutou, otirā, ki runga i a tātau, kia haere tōtika tēnei pire ki roto i Te Whare Pāremata—kāti. Tēnā koutou, tēnā koutou, tēnā tātau katoa.
[Thank you, Mr Assistant Speaker. The first thing for me is to acknowledge you the one who put our prayer together on this day, father figure Tūtehounuku, you indeed created our ladder to unify the spirit of that one and that one who arrived here this morning. A huge appreciation to you. Thoughts and tributes turn to the innumerable deaths of the moment borne here by contributors of our House, some occurred during the transgression of this bill right up to the present moment. Throughout the weeks just past, Māori iwi lamented the many deaths in Māoridom within Ngāti Kahuhungunu upon the stage, in other words at Matatini. This one continues to do that, sobbing mournfully for the many deaths upon that marae of ours. There is only one thing to say to them who have gone to the void, welcome back depart!
I bring the lines of address back upon us esteemed ones, salutations and acknowledgments to you, and to us all. To you the waka of Tākitimu and to the descendants of the ancestral forefathers who have gone to the void, welcome, come hither, welcome, clamber aboard, welcome into your House. This one will not say that this House is solely ours, no, but welcome to the ridgepole of our House; the House where contributions are suspended and policies settled. At this moment we are considering your policy, in other words, the first reading of this bill about you. So welcome indeed to you collectively. I endorse the comments by that one and that one of our House and will address this policy now.
First of all, to you the Minister for Treaty of Waitangi Negotiations, the Hon Christopher Finlayson, I truly commend you. You have traversed this extensive path and despite its ups and downs, you are still here supporting what the Crown has to do in terms of an apology, and how to settle the grievances and claims of that iwi and that one. Well then, I grab up one of my sister colleague Meka Whaitiri’s comments. According to her, it is possible for this bill to go through this House jointly, quickly, and directly. And so the Labour Party extends its hand to you Minister that should a gathering of significance be held in Parliament House, why not reciprocate by extending a hand for us to meet jointly to demonstrate to Māori iwi that this House stand as one on proposals you, in other words, we have considered on this day. As far as my thoughts are concerned about that huge meeting held yesterday for Mount Taranaki, I will leave that matter there!
I will bring my thoughts back to the bill that is before us on this day. During the first reading, esteemed ones, the Minister and members of this House, brought to bear individuals who expended energy and shed perspiration to fulfil proposals that had been considered within this bill. As I look up at you collectively sitting up there, I see you father figure Pīeri, you and some parents—my apologies to the ones behind my back—but nevertheless to you ones Tāmaki, I congratulate you collectively. You know what the comments are inside. My task here is to summarise some aspects that are within the bill, and to assure you collectively that I support the contribution by my sister colleague Meka, from the first reading right through to the third reading, in other words, to the final reading. We are here to analyse and to strengthen this bill. Perhaps, the bill we are talking about at this moment will be different to the one at the conclusion of the third reading. But leave it for us, for the ones of the Māori Affairs Committee to arrange, strengthen, change, or whatever. Shortly you will come before us the Māori Affairs Committee to have frank discussions about matters concerning this bill. Enough!
There are three parts to this bill. Esteemed ones, kindly note, here indeed is the bill—I am unsure about this, but I think there have been 10 or 12 Treaty matters that have entered this House in the time that I have sat in it. I have only seen three parts. There have not been any differences in all the bills, however, the commentaries inside are all quite different. And so the first part is the Crown’s apology to you collectively. There is not a single Māori on the face of this earth who will oppose that action by the Crown, to apologise for its violations and stress that affected us the Māori people. And so I compliment that great thought, but the future will tell whether the words behind the apology are effectual. Making an apology to the iwi is easy, but achieving it so that the apology is felt keenly and owned personally, and the self-determination sought by our ancestral forefathers is returned, we will see in due time. That indeed is the first part.
And now to the second part, to those provisions and supplements considered by the bill for you collectively and the Crown to take up in years to come; what my sister colleague Meka Whaitiri said in terms of the water is right. I note in this bill that the vital essence of rivers, swamps, sacred places, and habitats are to be returned to you. But the Crown will eventually take over such places by arranging a board, or something similar, to administer and protect water sources and regional habitats. I will never ever agree to that kind of situation, however. These then are the provisions that you are fighting the Crown about for this bill. Because my time has nearly expired, I go directly to the final part of this bill, and behold, the size of the funding! I endorse the comment of the Minister, which states as follows: “Regardless of the size of the funding released to you on that day, it is not as though it is similar to the funding and validity that the Crown took over the many, many years that have passed.” However, the size of the funding is an amount that you collectively will be able to look forward to in years to come, for the current generation of young ones, and for those to come.
In the minutes that I have left, my thoughts go back to the comments within me of the North about Kahungunu’s coming down to be among you, to sleep with your ancestress Rongomaiwahine, and the—heck, mate, that was a wicked side of that person! He really went after Māori women—but enough of that. You are the ones who have arrived here on this day. Seeing our genealogy is a wonderful thing. Our genealogies are never seen in Parliament bills, but very shortly we will debate and link us of the North to you collectively once again, my relatives and esteemed ones who have arrived here today. Well then, it is the hope that the kindness of the Creator descends upon you collectively but at the same time upon us, and that this bill go smoothly through the House—enough. Salutations and acknowledgments to you collectively and to all of us.]
E Te Mana Whakawā, tēnā anō koe. E mihi atu ki Te Mana Whenua o Te Waha o Te Ika, a Te Ātiawa; tēnā koutou, ā, huri noa i Te Whare nei, e mihi atu ki a koutou katoa. Haere mai e ka waka katoa e tau mai nei ki Te Whanga-nui-a-Tara. Nō reira, ki a koe e te rohe o Te Wairoa, e mihi atu ki a koe e te whanauka, e Te Waka o Tākitimu, a Ngati Kahungunu, ki a koe Rongomaiwahine; e mihi atu ki a koutou. Ko Te Komiti Whiriwhiri Take Māori o Te Whare Pāremata e mihi nei, e tangi nei, ki a koutou ngā taoka whakahirahira, koutou e tūmanakohia ake nei huri noa i Te Whare Mīere, nei e mihi ki ngā mema katoa, nō reira, e mihi atu ki a koutou katoa.
[My appreciation once again to you, Mr Assistant Speaker. I acknowledge the territorial rights to the Mouth of the Fish, Wellington Harbour, of Te Ātiawa; greetings to you collectively and to us all throughout this House. Welcome to the canoes that have arrived here at the Great Bay of Tara, Wellington Harbour. Therefore, to you the Wairoa region, I acknowledge you the relative Ngāti Kahungunu of the Tākitimu canoe and you too Rongomaiwahine; greetings to you both. This is the Māori Affairs Committee of Parliament acknowledging and lamenting you collectively, and extolling the goods that you collectively throughout the Beehive desire for, so compliments to all members and, consequently, to us all.]
It is indeed a privilege to be here with the iwi and hapū of Te Wairoa at the beginning of the end of their journey toward a full and final settlement of the wrongs committed against them by the Crown. Before I start, though, I do want to acknowledge our Minister for Treaty of Waitangi Negotiations, Hon Christopher Finlayson, and also his beginning today by acknowledging those who have actually passed away and who did not see the beginning, really, here today of the first reading. I want also to acknowledge my aunt who came from Nuhaka, and that was Auntie Hinemanuhiri Nēpia Sinclair, who, obviously, married my uncle, Ngāi Tahu Uncle Douglas Sinclair. I want to acknowledge her today because she was very much a strength within our whānau as well, even though she lived most of her time, actually, in the North.
The iwi and hapū of Te Wairoa are defined by their geographic location within the rohe of Te Wairoa, covering the northern Hawke’s Bay and southern Gisborne. In the settlement process, they are represented by Te Tira Whakaemi o Te Wairoa, and if we look at the history of Māori in the Wairoa, they actually never signed the Treaty of Waitangi. They did not choose not to sign; the Crown simply never took the Treaty to Wairoa, so they did not have the opportunity to do that. When the Crown brought war to the North Island, the iwi and hapū of Te Rohe o Te Wairoa tried to remain peaceful. They became involved only when the Crown attacked the Omaruhakeke kāinga on Christmas Day in 1865. Some of those who fought against the Crown were captured and either summarily executed or held without trial on the Chatham Islands. Others chose to fight with the Crown, and as a result the wars led to deep divisions between the hapū who fought on the opposing sides. Members of the iwi and the hapū of Te Wairoa also fought on both sides of the war after the escape of Te Kooti from the Chatham Islands, and there was more loss of life as a result.
The Crown acquired hundreds of thousands of acres of land from Māori in Te Rohe o Te Wairoa through what could only be described as fraudulent means. When the collective owners of the land declined to sell it to the Crown, the Crown instead purchased the land from individual owners, who did not have the right to sell. The Crown paid various parties for so-called purchases of land, including iwi who did not have interests in the land and individual owners who did not have agreement from the collective owners. The Native Land Court also had a part to play in this confiscation of land, awarding title in collectively held land to individual owners, who could then dispose of it how they wished and for their own benefit. In another instance, collective owners of the block of land agreed on a sale price, and the Crown unilaterally reduced the price. The iwi and hapū of Te Wairoa have also had more than 500 acres confiscated under the Public Works Act. In one case, Māori land was confiscated while the Crown leased nearby land from its Pākehā owners.
The Crown cannot, and never will, fully compensate the iwi and hapū of Te Wairoa for the pain of the deaths caused by Crown wars, for the loss of land over many years, or for the devastating effects that those losses have had on the well-being of Māori in Te Wairoa. The essence of this, as well—and particularly to show good faith—is that there is here an act of generosity by the iwi and hapū of Te Wairoa in accepting the redress offered in this deed of settlement as a full and final settlement of their claims. The deed of settlement includes significant cultural redress. This cultural redress is not about providing land for economic development but recognising the traditional, the historical, the cultural, and the spiritual associations of the iwi and the hapū of Te Rohe o Te Wairoa with these certain places and sites. The five sites of significance to the iwi and hapū will be vested in their post-settlement governance entity, which will then gift them back to the Crown for the continued enjoyment of the people of New Zealand. That is the essence of true partnership, and that is the essence of these people and the way that they actually believe in partnership—to move their settlement to its final destination at the third reading and to acknowledge the wonderful gifts that they have given back to this country and its people.
As the chair of the Māori Affairs Committee, it is indeed our honour to actually receive this bill, and we will ensure that the passage of this bill, from the first reading and the second reading through to the third reading, will be able to be done hopefully before the rising of the House in August. On that note, we are, as my colleague Meka Whaitiri actually said, dedicated to trying to conclude this settlement as soon as possible. Nō reira, e ngā mana, e ngā reo, e rau rakatira mā, tēnā koutou, tēnā koutou, e mihi atu ki a koutou katoa. Kia ora.
Tēnā koe, Mr Assistant Speaker. E ngā mana, e ngā reo, e ngā rangatira mā, tēnā koutou, tēnā koutou, tēnā koutou katoa. I want to join with others in the House in welcoming the people and the leaders of the iwi and hapū of Te Rohe o Te Wairoa to the House today. We celebrate with them in this first reading of their Treaty settlement bill. Before I start, I want to similarly join with others in acknowledging the process that has occurred to get this bill to the House. I want to acknowledge those who have worked so hard on this bill. They started 30 years ago, the negotiations for this settlement, so I want to acknowledge all those who have exercised that amazing persistence over those decades and over those generations to get this bill to the House.
I also want to acknowledge those who have passed away along the way. I want to recognise the fact that the settlement covers problems and issues and injustices that have occurred since, basically, the 1840s. The first issue where the Crown acted in a way that they really should not have towards the people was around not offering Te Tiriti o Waitangi to the iwi and hapū of Te Rohe o Te Wairoa at all. That was the first one, but then, of course, there have been others since. I acknowledge the apology that the Crown has made, which is set out in the settlement deed and is also set out in the legislation. I also acknowledge the truth and reconciliation process that has occurred as a result of the settlement process. All those things are about healing—healing the hurts that have occurred across generations. But the settlement itself—and I think we should acknowledge this—is not really about reparation. It is actually a deed of settlement and it is an agreed historical account, but it is not full compensation.
I want to just touch on some of the breaches of the Treaty of Waitangi that are listed in this settlement bill. Those breaches around the alienation of land go right back through to the 1860s with the Crown purchases in 1864 to 1868 when they used some very dodgy practices around surveying and not investigating customary rights to actually acquire 83,000 acres of land. Then it continued in 1867 when the Crown basically put Māori under extreme duress to acquire another 42,000 acres. Then, again, in 1875 the Crown basically exploited confusion about the legal status of blocks around Lake Waikaremoana to acquire another 178,000 acres of land. Then, of course, there are the issues around the Native Land Court and the breaking up of customary and collectively owned land into individual ownership in 1867 and 1868, which actually allowed the Crown to onsell individual blocks of land. Then there is the other matter, which was from the 1870s: more than 500 acres of land were acquired compulsorily from iwi and hapū under the Public Works Act—and it has been noted, and it is noted in the settlement deed—while Pākehā neighbours had their land leased, so it was not alienated from them continually.
What happens when the alienation of land occurs is that the economic base is removed from the people, and this is exactly what happened to the iwi and hapū of Te Rohe o Te Wairoa—not only the economic base, of course. There are also the spiritual elements and the kaitiaki roles, which also become alienated.
The other parts of the settlement refer to the introduction of war, the summary execution of prisoners, and the detention without trial of some of their people on the Chatham Islands. As I say, that really just cannot be compensated for. It is harrowing reading—it really is harrowing reading. So if it is harrowing reading for me, then it must be even worse for those whose tūpuna lived through this.
I will just, now, address what the settlement actually is. Others have said it before—it is actually the fifth-largest settlement. It is about $100 million in various ways. We have to acknowledge that that is the best settlement that the iwi and hapū of Te Rohe o Te Wairoa could actually get from the negotiations, but we also have to recognise that it is a deal. The Greens will say this at every reading, but we do not actually recognise that it is a full and final settlement, even though that is what is written in the legislation, because it is not full by any stretch of the imagination and we do not believe that it is final, because there is no way of telling, at this stage, what the impact of those historical breaches will be on future generations. But we recognise that to get this bill to the House and to go through the processes that the iwi and hapū have gone through is a huge achievement.
We also want to acknowledge the generosity of the iwi and hapū of Te Rohe o Te Wairoa, not only in accepting a settlement that does not actually compensate for their losses but also for accepting that five different parcels of land in the conservation area will be returned, including the Māhia Peninsula and the Mōrere Springs Scenic Reserves, but that the iwi and hapū will then gift them back to the Crown. That is incredibly generous. We also, in this settlement, see that there is the right of first refusal on 147 properties. Again, we recognise the patience and persistence of the iwi and hapū of Te Rohe o Te Wairoa, in that they may have to wait some time to be able to acquire those properties.
We recognise that for the 25,500 people, under the 2013 census, who are part of the iwi and hapū of Te Rohe o Te Wairoa, this is the recognition of a better social and economic future. They have, I think we need to recognise, not only lost their land; they have also lost their language and lost their place. It is in the deed of settlement, I think, that by 2001 more than 90 percent of the iwi and hapū were living outside of Te Rohe o Te Wairoa. We see this as the start of the restoration of the mana of the iwi and hapū of Te Rohe o Te Wairoa in their role as kaitiaki of their lands and rivers and wetlands in their areas. So it is good to see that that statutory recognition is outlined in the settlement.
I want to finish just by touching on the apology. I think it is really important that these are included in the settlement deeds. I wanted to just look at the clause that says that “The Crown admits that the cumulative effect of its Treaty breaches has been very significant damage to the cultural, spiritual, and physical well-being of the iwi and hapū of Te Rohe o Te Wairoa, as well as to their economic development. (f) The Crown seeks to restore its tarnished honour and to atone for its past failures to uphold the Treaty of Waitangi and its principles”. I do not think the Crown can do that, but this is the start of a true Treaty relationship, and we recognise this. We celebrate with the iwi and hapū of Te Rohe o Te Wairoa, and we commend this bill to the House and will see it through to its second and third readings. Nō reira, tēnā koutou, tēnā koutou, tēnā koutou katoa.
Ā, tēnā hoki koe, tēnā hoki tātou e Te Whare! Ngā kupu tuatahi māku, kei te tautoko i ngā mihi i mihingia ki a koe te tuakana, e Nuk. Nāu nei i whakaritengia i a tātou noho tahi i te rā nei. Tua atu i tēnā, kei te tautoko i ngā mihi i mihingia e ngā kaikōrero i tū ake i mua i a au, ki te whakatau i ā koutou, ngā whanaunga nā te mea, i rongo au i ngā kōrero o tōku tuakana a Peeni i whakahuangia te hononga i waenga i a Kahungunu ki a koutou, nō reira ahakoa he tū wāhi iti tēnei ēngari kia mōhio mai koutou, ka nui te pūhaehae i roto i a au, i aha ai? Nā te mea, ahakoa kīhai koutou i hainatia te Tiriti ēngari i a mātou o roto o Ngāpuhi, ko mātou tetahi o ngā iwi tuatahi i hainatia Te Tiriti, horekau i whakatau o mātou kerēme ēngari, ēhara nā koutou te hē, nā mātou hoki! Kia ahatia? Ēngari, e tū atu tēnei mō Te Rōpū Aotearoa Tuatahi ki te tautoko i tēnei pire, nā reira, i mua i tōku huringa ki roto i tō tātou reo tuarua, ka nui taku mihi ki a koutou i tau mai nei ki waenganui i a tātou i te rā nei.
[And so greetings as well to you and to us also, the House. My first words are to endorse the tributes accorded by your elder colleague, Nuk. It was you indeed who considered a prayer in regards to our coming together today. Further to that, I endorse the tributes accorded by the speakers who got up before me to pay homage to you, collectively, the relations. I heard the comments by my elder sibling Peeni, who related the connection that existed between you and Kahungunu. Therefore, despite this being a short call, you have to understand there is much envy in me, and why? Because even though you never ever signed the Treaty but we from within Ngāpuhi, were one of the first tribes to sign the Treaty and have not settled. But that is not your fault. It really is ours as well. But so what? But I stand here for New Zealand First to support this bill, therefore, and before I turn to our second language, I have much admiration for you who landed here amongst us on this day.]
It is really a pleasure to stand and participate in these debates, particularly where settlements have been negotiated, and the process of legislating the actual settlement is brought before us in circumstances like today. This bill is no different from those bills that have already come before this House and enacted the settlements for a number of iwi. It recognises the loss and prejudices that the iwi have suffered as a consequence of the shortcomings of the Crown.
Although we acknowledge that this settlement cannot and can never fully compensate the iwi for their loss, at least the attempt has been made. It has been negotiated between Crown representatives and iwi representatives, and so we have come to this stage. But I just want to say to the people who represented the iwi—the negotiators—that history will show that you have been responsible for reaching this settlement. If experience is anything to go by, after the settlement you will always find some within your own iwi, your own hapū, your own whānau, who will have a disagreement in terms of the settlement. So history will show that you have been responsible for a lot of what has been negotiated. Although you will know that there will be a lot of other things that you were not able to negotiate, to those who will always criticise you, that is irrelevant. So I just want to put that on record, to remind you that, in spite of the good work that you have done, there will always be some people who will have a different view.
This bill, as has already been indicated by the Minister for Treaty of Waitangi Negotiations, has taken a long process, which started back in the 1980s. I think that it is a credit to all involved in bringing this bill to this stage—their tenacity and their commitment to seeing a settlement and, hopefully, an endurable settlement that will benefit not only the iwi and hapū of Te Rohe o Te Wairoa, but their wider community and, indeed, New Zealand. For those of our wider community who often criticise this process and the settlements that have been made, I hope that they will take the time to read the history and the background leading up to this settlement. It does not make very good reading in terms of the relationship between the Crown and iwi.
One thing that caught my eye was when fighting broke out between the Crown and Māori in other regions in the 1860s, the iwi and hapū of Te Rohe o Te Wairoa worked hard to maintain peace among themselves in the rohe. But here I want to quote exactly: “War began there only when the Crown attacked the Oamaruhakeke kāinga on Christmas Day 1865.” For me, from the North, and a member of the Ngāti Hine iwi, Christmas Day is a very significant day in the history of the Ruapekapeka Pā. It was on that day that the Crown chose to enter the pā while my tūpuna were in prayer. It seems to me that that appeared to be a common practice of the Crown—having brought the good word to Aotearoa, then using the good word against Māori. That, to me, is a small indication of just how the Crown treated Māori at the time. Some would say that they still treat Māori like that today, but I will not go so far as to say that. But, suffice it to say, going through the bill, the summary of the historical account makes for pretty poor reading in terms of how the Crown treated the iwi and the hapū of Te Wairoa.
I also want to say that one of the reasons behind this settlement, and I must say it is the first one that I have actually seen where it has been articulated in the bill—is in regard to Te Reo and education. The Crown acknowledges the significant harm that children of the iwi and hapū of Te Rohe o Te Wairoa suffered by being punished for speaking their own language in Crown-established schools. I want to say that the Government has introduced a new group, called Te Mātāwai, that is charged with revitalising the use of Te Reo Māori. Kahungunu has a representative on that group, one by the name of Jeremy MacLeod, I think, who will be a good representative for you and will ensure that the iwi and the hapū participate in the process that Te Mātāwai proposes in terms of revitalising the language.
Time is moving on. I just want to reiterate that New Zealand First certainly supports the bill going to the Māori Affairs Committee. We hope that the people who may have a concern about what has been negotiated will take the opportunity of coming before the committee and expressing their views. Recent experiences show that after people have signed the agreement between their iwi and the Crown, they are now wanting to relitigate some of the things that they agreed to in the original signing of the agreement.
I just want to acknowledge again the people of Te Wairoa, whose claim this bill is about, and to commend them for the good work they have done in bringing it to this stage. Nā reira tēnā koe, tēnā hoki tātou.
[Therefore, I thank you and us as well!]
Ā, tēnā koe e Te Whare i tēnei rā. E rau rangatira mā, ko tēnei taku mihi ki a koutou katoa, kia ora mai tātou.
[And so, my appreciation to you the House on this day. Esteemed ones and others, this is my acknowledgment and accolade to you and us all collectively.]
It is a pleasure to speak to this bill, the Iwi and Hapū of Te Rohe o Te Wairoa Claims Settlement Bill, in its first reading. I would like to acknowledge and reiterate some of the pathway that brings us here today. This body of work started many years ago, but it has actually made quite good progress in this past decade.
If we look back to February 2011, the Crown first recognised the mandate for this bill, and then a year later the terms of negotiation were completed. In June 2014 there was agreement in principle, and in May 2016 the deed of settlement was initiated by the Crown. The post-settlement governance entity and the deed of settlement were then ratified in August 2016, and in November 2016 the deed of settlement was signed. I would like to also acknowledge the Minister and all the officials who made such good progress once the legal formalities were commenced.
The settlement has the standard three parts to it: the historical account, the cultural redress, and the financial and commercial redress. I would like to briefly talk to each of those headings. Under the historical account there are four main components in and amongst the breadth of the agreed historical account. Specifically, there is the Crown’s apology for the war it fought against those members of the iwi and hapū of Te Rohe o Te Wairoa it deemed to be rebels; secondly, its unjust attack on the Omaruhakeke kāinga in 1865; thirdly, the summary execution of prisoners in 1866; and, fourthly, the detention without trial of some members of the iwi and hapū of Te Rohe o Te Wairua on the Chatham Islands from 1866 to 1868.
Within that redress there is also the cultural redress, and it has three components to it—three main themes, if you like. There is the vesting, the statutory acknowledgments, and the deeds of recognition. The vesting is around a number of sites that are vested in the iwi and then gifted back to the Crown for the benefit of the people of New Zealand, and these sites include the Māhia peninsula, Morere Springs, Te Reinga Scenic Reserve, and a number of others. So this is the vesting.
There are also the statutory acknowledgments. Statutory acknowledgments recognise the association between the iwi and hapū of Te Rohe o Te Wairoa and a particular site or area. They enhance the ability of the iwi and the hapū to participate in specific resource management processes, and there are a number of conservation areas and reserves that are included in the statutory acknowledgment.
The third tool under “Cultural redress” is the deeds of recognition. The deeds of recognition oblige the Crown to consult with Tātau Tātau o Te Wairua Trust on specific matters and to have regard to its views regarding the special association of the iwi and hapū with certain areas, and, again, these are well specified in the deed of settlement.
The financial and commercial redress, as has been commentated, is the fifth-largest settlement—$100 million. On settlement date, Tātau Tātau o Te Wairua will receive a cash sum of $88,964,250 and the right to purchase 24 properties from the Treaty settlements land bank.
It is a pleasure to commence the parliamentary proceedings on this bill. I very much look forward to it coming to the Māori Affairs Committee, where we can scrutinise it further and see how much more we can do for this iwi. Therefore, I commend this bill to the House.
Tēnā koe Mr Assistant Speaker. E ngā whānau whānui o Te Iwi me ngā hapū o te rohe o Wairoa, nau mai, haere mai!
[Greetings, Mr Assistant Speaker. To the extended families of the tribe and subtribes of the Wairoa region, welcome, come hither!]
I stand privileged to be able to take a call on the first reading of your bill, and I am really pleased to see that this has come to the House so quickly. I attended the signing of your settlement at Tākitimu Marae last year with the Minister, and I was just saying to my colleague Nuk Korako: “Boy, it’s come around real quickly.” I am so pleased that it has come around really quickly, because, being the fifth-largest settlement that this Government is making, it is really important to start the procedures and move them along very quickly for you. Also, 62 hapū is a big number of hapū that belong to you, so speed is what we are here to do to make sure that we do the process that is befitting of your claim, ngā whānau.
I just want to thank you all for coming here today. I look forward to the bill going to the Māori Affairs Committee. Unfortunately, I no longer sit on that select committee, but I know that it will do a very good job under the leadership and chairmanship of my colleague Nuk Korako. So, without any further kōrero, I think let us get on with it, let us get this bill into the select committee, let us start hearing what your whānau has to say about your bill, and let us start speeding it towards the third reading and, finally, it going into law. So, kia ora and congratulations. I commend the bill to the House. Kia ora.
Tēnā rā koe e Te Māngai o Te Whare, tuatahi māku e Nuk, mihi kau atu ki a koe, nāu nei whakapūaretia tō tātou huihuinga i tēnei ata mā ngā kupu karakia, e mihi au ki a koe! Nāu i whakatū te arawhata ki tō tātou Matua i Te Rangi, hei honohono i Te Rangi ki Te Whenua, Te Whenua ki Te Rangi. E ngā whanaunga kua tatū mai ki konei ki raro i Te Tuanui o Tō Tātou Whare, nau mai, haere mai, ki roto i tēnei Te Whare o Te Motu. Nau mai, piki mai, haere mai. Pīkaungia mai ngā tini mate kei runga i ō koutou pokowhiwhi, kia ūtaina mai ki runga, kia tūhonohono mai rātou ki ngā mate o konei; nā reira, hurirauna, tēnā koutou, tēnā koutou, tēnā tātou katoa.
[Thank you kindly, Mr Assistant Speaker. The first thing for me, Nuk, is to acknowledge you, who opened our assembly this morning with words of blessings; I compliment you. You are the one that set up the ladder to Our Father in heaven, to link up heaven to the earth, and the earth to heaven. To you the relatives who have arrived here below the roof of our House, welcome, come hither into this House of the nation. Come forth, climb aboard, come hither, welcome. Bring forth the many deaths upon your shoulders to be placed above so that they link up with the dead here; therefore, salutations and acknowledgments to you collectively throughout and to us all.]
I am privileged to rise and speak on this first reading of the bill. Last night I spent a number of hours reading through the deed of settlement, and, let me say, I started to highlight the pieces of the deed of settlement that started to annoy me, in the historical account. I found that it was just, basically, a waste of time highlighting the parts that annoyed me and angered me, because it was just about the whole page, and it would have been an easier exercise to highlight the parts that did not annoy me or offend me. The historical account—there are 29 pages of it, and it does not do justice to all the decades of hurt and theft, the alienation, what happened to the people, te iwi me ngā hapū o Te Rohe o Te Wairoa. In fact, if there was a university course on how to alienate, disenfranchise, steal, and commit cultural genocide, basically this historical account is the blueprint for that.
I would like to go through a number of the historical issues that occurred, but, first of all, I will just fall back on the words of one of my Ngāpuhi tūpuna, Te Atua Wera, when he said to his friend Kāwiti: “Kua hurihia e te pākehātanga Te Tiriti hei pūngāwerewere hei kai i a tātou Te Iwi Māori. Ko ōna whēkau, ōna toto, ka ngotea, ka kainga. Ka whakarērea ki muri ko te pāpaka. He rite tātou ki te pāpaka o te tātarakihi. Ko taua pākaka, ko tātou Te Iwi Māori.”
[“The translated English version has turned the Treaty into a spider to devour us the Māori people. Its internal organs and blood are sucked up and consumed. What is left behind is the scab. We are like the scab of the cicada. That scab is us, the Māori people.”]
Basically, what that translates to mean is: Te Atua Wera said to his friend Kāwiti that the Pākehā has turned his Treaty into a spider to devour us, the Māori people. Its innards and its blood and its guts have been sucked out and consumed, and all that is left is the shell, like the shell of a cicada. That cicada is us, the Māori people. That, to me, is the perfect description from our tūpuna to describe what has happened to our people throughout the country. As I say, the historical account for te iwi me ngā hapū o Te Rohe o Wairoa gives embodiment to those words, the prophecy of Te Atua Wera.
As the Minister and Dr Shane Reti said, the people of that area did not actually have an opportunity to sign Te Tiriti o Waitangi. It never ever went into their area, which means the people of those tribes were signed up to a covenant that they actually never signed up to, and they have been made to account to a covenant that they never actually saw at all, never actually bought into. That in itself is unfair.
As we know, Te Tiriti o Waitangi guarantees Māori rangatiratanga their resources, and yet one of the things that the people of the area did, in, I think it was, about the 1860s, was they decided to lease out some of their land. Yet they were prohibited from doing that by a law that says they cannot lease out their land. So it just makes a mockery of rangatiratanga, where Māori cannot even make use of the resources that they have, because of a covenant that they were signed up to, even though they did not sign up to that covenant.
In the 1860s all this stuff started. The first contact with Pākehā was in the 1830s, with people who were trading flax and guns. Whalers turned up by the 1850s; there were hundreds of Māori in the area who were part of the whole whaling industry. Between 1864 and 1868 some 83,000 acres of land was acquired by the Crown. We say “acquired”—we cannot really say “bought”; we cannot really say—
💬 Meka Whaitiri: Gifted.
—“gifted” or “traded”. It was acquired by dubious means. The Māhia purchase on 20 October 1864—the Crown acquired 14,600 acres. The very next day the protests began about the acquisition of that land. Often, one of the tactics used by the Crown on multiple-owned land was to go and get one or two or three people and tell them that that land is theirs. Basically, systematically alienate land, acre by acre by acre—sometimes tens if not hundreds of thousands of acres at a time—simply by buying off an individual, when the land was actually multiple-owned.
There was the Nūhaka purchase. This is really interesting; it talks about the 39th parallel—that sort of brings up visions of the line between the USA and Canada or between North and South Korea, but instead we had our own 39th parallel—where south of the parallel was the Hawke’s Bay province, and north of the parallel was the Auckland province. There was land that straddled both sides of it. Look, to be honest, I have read and reread the particular part of the historical accounts as to how the land was alienated, and I am still confused. There was something like 110,000 acres of land, and putting everything aside—the convoluted way that the land was alienated from the people—I can almost guarantee right now, for the people sitting up in the gallery now, that just about none of that land will actually be in their possession now. That is the end outcome. Regardless of how it happened and how dubiously it happened, the end outcome is that the people sitting up in the gallery and the people back at the hau kāinga—basically, that land is no longer in their possession, and that is what is really wrong about this whole bill.
There were gross errors in land estimates. So someone would go along and go “Oh yeah, that looks like 14,000 acres.”, and in reality it was more—grossly overestimated or underestimated, again with the sole purpose of alienating those people from their land. The surveys lacked consideration of iwi-identified landmarks. So the iwi would say: “Well, OK, we’re going to sell this bit of land. You can go to that river or that maunga or that beach.” Instead the iwi landmarks were basically ignored, in many instances.
The Sim Commission in 1927 just seems like a total joke. It seems like a tool of the Crown to confirm really that what it did wrong was actually right. I do not know who the native affairs Minister was at that time, but he seems pretty hopeless. He did not make decisions, or if he did make decisions, they were not made in the best interests of the people. Reserves that were meant to be set aside were not set aside. Of course the old Native Land Court, where you divvy the land up, award it to 10 people, and say “Sorry” to all the other thousand people who have an interest in that land, “we’ve given it to these 10.”—that happened all over the place. I could go on—I have lost count; I did not add up how many tens of thousands of acres were alienated. The net result is that the people up in the gallery—it is time for them to receive what is duly theirs.
The other point I just quickly want to make is about the summary execution of prisoners, of Māori. When we talk about summary execution, normally we think of the Germans lining people up against walls and mowing them down, or the Japanese beheading Allied soldiers, or the Islamic State of Iraq and Syria, and we are disgusted by that. But this happened here in New Zealand, and this we cannot ever forget. Kia ora.
Bill read a first time.
Bill referred to the Māori Affairs Committee.
Permission has been granted for a waiata, if you wish—[Interruption] No? Then I will call on Government order of the day No. 10.
🗣️ Spoke in this debate (11)
- Hon Kelvin Davis (New Zealand Labour Party — Member for Te Tai Tokerau)
- Hon Christopher Finlayson (New Zealand National Party — List Member)
- Marama Fox (Māori Party — List Member)
- Joanne Hayes (New Zealand National Party — List Member)
- Hon Peeni Henare (New Zealand Labour Party — Member for Tāmaki Makaurau)
- Nuk Korako (New Zealand National Party — List Member)
- Pita Paraone (New Zealand First Party — List Member)
- Dr Shane Reti (New Zealand National Party — Member for Whangārei)
- Denise Roche (Green Party of Aotearoa / New Zealand — List Member)
- Lindsay Tisch (New Zealand National Party — Member for Waikato)
- Hon Meka Whaitiri (New Zealand Labour Party — Member for Ikaroa-Rāwhiti)