Maniapoto Claims Settlement Bill

I present a legislative statement on the Maniapoto Claims Settlement Bill.

💬 SPEAKER: That legislative statement is published under the authority of the House and can be found on the Parliament website.

I move, That the Maniapoto Claims Settlement Bill be now read a first time. I nominate the Māori Affairs Committee to consider the Maniapoto Claims Settlement Bill.

Tēnei te mihi ki a koutou ngā uri o Ngāti Maniapoto kua hīkoi i tēnei hīkoi roa kia tae ki Pāremata i tēnei rā. Te mihi ki te hunga kua whetūrangitia ka tika. Ki a koutou kua tae ā-kanohi mai, me koutou i noho haumaru ki te kāinga. He rā hou tēnei kua hura mō tēnei kaupapa nui a Maniapoto me te Karauna. Tēnā tātou katoa.

[This is a greeting to you all, the descendants of Ngāti Maniapoto who have travelled this long journey to Parliament today. I greet those who have passed, and to you all who arrived here in person, and the others who remain safely at home. This is indeed a new day for this important issue of Maniapoto and the Crown. Thank you all.]

In November this year, Maniapoto and the Crown signed the deed of settlement that is the subject of this legislation. Due to the challenges and disruptions caused by COVID19, this signing was delayed a number of times and had to happen on the papers. The effect of that was to postpone any visit to the Maniapoto rohe for that signing, and, significantly, has delayed the opportunity for the Crown apology to be appropriately conveyed. This further emphasises today’s celebrations, at least of this occasion, as a welcome meeting between us both and a gratifying way to close out the year.

Today, some members of Maniapoto are present in the parliamentary precincts for the occasion of this first reading. Unfortunately, those members of Maniapoto who live in the rohe have had to make the hard decision not to travel to Wellington today, prioritising the safety and wellbeing of their community and others. To those who are here and watching from the Banquet Hall, I extend a warm welcome to you to witness the first reading of your bill. To those in the rohe, I appreciate the further sacrifices you have had to make, but that doesn’t make this day any less special and important.

We remember and pay tribute to Maniapoto tūpuna who have suffered grievances and acknowledge the many leaders of Maniapoto who have passed away over the course of the settlement. It has been a long journey since the first Wai claims were submitted in relation to Maniapoto historic Treaty claims in the 1980s. I acknowledge and thank Maniapoto negotiators, my colleague the Hon Nanaia Mahuta, Peter Douglas, Mook Hohneck, Tā Wira Gardiner, and Glenn Tootill, as well as the long-serving former chair of the Maniapoto Māori Trust Board, Tiwha Bell, the current chair, Keith Ikin, and deputy chair, John Kaati. I also acknowledge the wider Maniapoto negotiation team for their continued efforts in bringing about this settlement.

On the Crown’s side, I acknowledge chief Crown negotiator David Tapsell for his hands-on leadership throughout these negotiations, and I note the contribution of my predecessor, the Hon Chris Finlayson, and I thank all of my ministerial colleagues. There have been a significant number of ministries and agencies who have been involved in the settlement and who are not able to be represented today, and I thank all of them for their support to achieve this settlement with Maniapoto.

In December 2016, the Crown recognised the mandate of the Maniapoto Māori Trust Board to represent Ngāti Maniapoto to negotiate a comprehensive historical Treaty of Waitangi settlement. The Trust and the Crown signed terms of negotiation in the same month. The Crown and Maniapoto signed an agreement in principle in August 2017, and the deed of settlement was initialled in December 2020. Following ratification of the deed of settlement by the Ngāti Maniapoto claimant community, the Maniapoto deed of settlement was signed on 11 November this year. Due to COVID-19 restrictions and to ensure the safety of the Maniapoto community, the deed of settlement was signed on the papers without a ceremony. So I thank all of Ngāti Maniapoto for their perseverance and patience during the journey to achieving the signing and getting to this stage today.

The first reading of this bill represents a valuable opportunity to reflect on the relationship between Maniapoto and the Crown. Maniapoto have had a long history with this House, which was so rightly highlighted by Maniapoto Māori Trust Board Chair Keith Ikin when we initialled the deed of settlement last year. For two decades following the Waikato Wars, Maniapoto upheld an aukati to protect their lands from outside influence and preserve their rangatiratanga. Having fought in the wars, Maniapoto also bore the responsibility of providing manaaki to their Waikato kin who had fled from war and land confiscation to the north. Their territory came to be known as Te Rohe Pōtae, a reference to Tāwhaio, the second Māori king, who is said to have placed his hat on a map to show the area covered by Kīngitanga’s mana.

Instead of submitting to the pressure the Crown put on them, Maniapoto rangatira pressed their demands on the Crown through a series of negotiations and agreements which have become known as Te Ōhākī Tapu. In 1884, the Maniapoto rangatira Wahanui, some of whose descendants are here today, spoke to this House. Wahanui sought that Parliament provide a way for Maniapoto to administer their territory and control alienation of Maniapoto land. He told the House, “E kī tūturu ana ahau ko tō mātou whakaaro e pēnei ana mā mātou anake te whakahaere o aua whenua.”—“I say that we wish to have the sole administration of those lands.” The Crown quickly disregarded the promises it made to Maniapoto through Te Ōhākī Tapu. Instead, it placed significant pressure on Maniapoto to allow the Native Land Court and European settlement to have priority access to the rohe. The Crown aggressively acquired large amounts of Maniapoto land, such that by 1935 only 24 percent of land in Te Rohe Pōtae was in Māori ownership. While there were many lands that were acquired from Maniapoto in breach of the Treaty, the site of the public works taking for what later became Tokanui Hospital is one of the largest public works takings in New Zealand’s history.

Throughout negotiations, the Crown has heard how the devastating effects of land loss have caused the people of Maniapoto intergenerational suffering. Maniapoto, despite all the harm the Crown has caused you, it is a testament to your humility and willingness to rebuild your partnership with the Crown that you have engaged in negotiations for this settlement.

The Maniapoto Claims Settlement Bill seeks to give effect to the Maniapoto settlement package, as outlined in the legislative statement. That settlement includes total financial and commercial redress of $165 million; the vesting of 36 sites of cultural significance; an overlay classification which acknowledges the traditional cultural, spiritual, and historical association of Maniapoto with certain sites of significance; a greater role in the management of natural resources within the Maniapoto rohe; agreements with a range of Crown agencies; the gift and gift back of Te Ara-o-Tūrongo, that part of the North Island main trunk railway that passes through the Maniapoto rohe; and the return of the taiaha Maungārongo; and the ability to secure the return of the Tokanui Hospital site.

The true measure of harm and loss experienced by Maniapoto can never be compensated for through a settlement. However, with this settlement, the Crown wishes to begin to remedy some of the suffering and rebuild its relationship with Maniapoto. Through a comprehensive set of relationship agreements between Maniapoto and Crown agencies, the settlement provides the foundation for a new relationship as we look together to a better future for Maniapoto and the Crown.

Wahanui’s speech in 1884 and the subsequent gifting to Parliament of his taiaha, Maungārongo, were significant gestures towards the new relationship between Maniapoto and the Crown. This first reading of the Maniapoto Settlement Claims Bill represents a similar new beginning to a relationship of trust and collaboration between Ngāti Maniapoto and the Crown. The Maniapoto relationship with Parliament and the Crown continues to this day. Maniapoto are prominent in this House, with my colleagues the Hon Nanaia Mahuta, the Hon Willie Jackson, as well as the Hon Simon Bridges and Shane Reti being but a few of many to stand in this House. As I’ve mentioned, the uncertainties of COVID-19 have meant that the Crown has not yet delivered its apology for its many breaches. I look forward to delivering the Crown apology at a ceremony in your rohe as soon as it is safe enough to do so.

Maniapoto descendants have continued to seek their mana whakahaere over their lands and people, and I hope that through the passage of this bill, Maniapoto and the Crown will take a step towards this aspiration. I look forward to continuing to take this legislation through the House to achieve the final settlement of your historical Treaty of Waitangi claims. Tēnā koutou, tēnā koutou, tēnā tātou katoa.

Madam Speaker, I consider the bill should proceed without delay to the Māori Affairs Committee. I commend this bill to the House.

Ko te pātai kia whakaaetia te mōtini.

[The question is that the motion be agreed to.]

It is a privilege to rise on behalf of the National Party and as the National Party spokesperson for Treaty negotiations to speak on this first reading of the bill today. To those who are watching at home, kia ora e koro mā, e kui mā, e rau rangatira mā, e Ngāti Maniapoto, tēnā koutou. Nau mai haere mai ki te rā whakahirahira.

[Greetings to the elders, the many chiefs, and the people of Maniapoto, greetings to you all. Welcome to this auspicious day.]

The National Party will be supporting this bill through to select committee. To the elders, leaders, and members of Maniapoto who are here witnessing this from home, I wish to extend a very warm welcome this afternoon. The settlement, this bill, and this process is about you, your tipuna and uri. I acknowledge that the signing of the Maniapoto settlement, which took place last month, has been a long time coming for iwi, who have been on this journey for over 30 years, and I wish to acknowledge all who have been involved in that process. I wish to acknowledge, also, Minister Little and all those who have been involved most recently, but, also, over many, many years.

The finalisation of this settlement and its journey through this House of Representatives is testament to decades of hard work and negotiations between Maniapoto and the Crown. It signifies the beginning of a new relationship between both parties based on trust, cooperation and a commitment to the principles of the Treaty of Waitangi. I also note that this bill completes the settlement process which began under former Treaty negotiations Minister the Hon Christopher Finlayson, under the last National-led Government. As before, I wish to knowledge Minister Little, who is the Minister responsible for shepherding this settlement to its final conclusion.

The Maniapoto settlement package is one of the largest ever negotiated and includes financial redress, which in total will be worth approximately $177 million; relationship agreements with various Crown agencies; the transfer of 36 sites back to Maniapoto as cultural redress; the first right to purchase Crown lands in the future; an agreed historical account; an acknowledgment of Treaty breaches, and a formal apology for those breaches.

Maniapoto’s historical grievances relate to the loss of life and conflicts with the Crown in bearing the cost of the New Zealand Wars. The Crown deliberately undermined Maniapoto independence, failed to uphold promises made in the 1880s relating to Maniapoto land administration and self-determination, and acquired Maniapoto land in an aggressive manner. This settlement contains an apology from the Crown for its acts and omissions in breach of the Treaty of Waitangi, an acknowledgment that the Crown failed to uphold promises in Te Ōhākī Tapu—a series of agreements and assurances which the Crown and Maniapoto entered into between 1883 and 1885, through which Maniapoto sought Crown recognition of their mana whakahaere over their lands and people.

Specific acknowledgments of breaches in the deed include: acting unjustly in sending Crown forces across the Mangatāwhiri River during the Waikato War, including indiscriminately killing non-combatants and looting and destroying property; breaching the Treaty by confiscating land in which Maniapoto had interests, unfairly labelling Maniapoto as rebels, and failing to provide for refugees entering the Maniapoto rohe; and failing to protect Maniapoto tribal structures from the operation and impact of the Native land laws, particularly the individualisation of tribal lands, which led to massive alienation of the tribal lands Maniapoto had cherished for centuries. No settlement can ever compensate for the mamae that Maniapoto have endured for many generations. It is my sincere hope that this settlement will lay the foundation for a positive, aspirational future for the people Maniapoto, whether they be in Te Rohe Pōtae / King Country, in and around Te Kūiti, Ōtorohanga, Te Awamutu, or wherever Maniapoto whānau may be.

There is a point that we do wish to seek more clarification from in this bill. However, as I noted in the outset, National supports this settlement to select committee and there are some questions which we wish to clarify there. In particular, the recognition of marine interests 20 miles out into the exclusive economic zone, which is provided for in Subpart 9 and, specifically, clause 124 of the bill. The provisions of the Maniapoto Claims Settlement Bill relating to rights to the exclusive economic zone appear to be the most comprehensive to date and, from my research, it appears that other previous settlement legislation has granted some measure of rights over the exclusive economic zone where it overlaps with iwi’s rohe moana. However, this is quite comprehensive. This clause 124 has implications which, at this point, are unclear and potentially wide ranging, and the National Party will be seeking clarification at the select committee process on the meaning of that clause and how it impacts on other interested parties in that area. So I look forward to engaging with colleagues on the Māori Affairs Committee to seek clarity on the meaning, nature, extent, and effect of this provision.

I would conclude my speech by saying that it is not possible to fully compensate Maniapoto for the loss and prejudice that they have suffered. However, I hope that this settlement will forge a new relationship between the Crown and the Maniapoto iwi and will be a real catalyst for positive change for present and future generations of Maniapoto. My colleagues and I look forward to being able to support this legislation through the House.

Tuatahi e tika ana ki te mihi ki tō tātou iwi i tae mai nei i tēnei rā, ki te whakanui i tēnei rā, kei reira i te Banquet Hall ināianei. Tēnei te mihi ki a koutou mō ō koutou tautoko i tēnei wā. Mōhio au he tino uaua ki te mātakitaki engari tēnei te mihi ki a koutou. Nō reira i tēnei wā e tika ana kei te maumahara ahau i a rātou, ō tātou tīpuna i tū hei rangatira hei toa mō tātou o ēnei reanga. Nā rātou i whakatakoto i te ara hei whāinga mā tātou, nā rātou tātou i ora ai. Nō reira he wā anō tēnei ki te whakanuia rātou ō tātou tīpuna. Me mihi ka tika hoki ki ō tātou rangatira o tēnei wā. Ka mutu pea taku mīharo rau rangatira mā, tēnei te tino mihi ki a koutou. He Hōnore nui ki te tū ki te kōrero e pā ana ki tēnei pire. Tēnā koutou, tēnā koutou, tēnā anō tātou katoa.

[Firstly, it is only right that I greet everyone gathered here today, to celebrate today, and those who are gathered in the Banquet Hall at this moment, thank you all for your support at this time. I know it is difficult to watch only, however I greet you still. At this time, it is pertinent to remember our ancestors who stood as role models for us all of this generation. It was them who set the path for us to follow, it is as a result of their efforts that we thrive. Therefore, I acknowledge our ancestors. I should also acknowledge to our leaders of today. I will end my admiration here for the many chiefs. It is an honour to stand before you to talk about this bill. Thank you all.]

First of all, I mihi to some of our people who came here today. Not a big crowd from Maniapoto came down, sadly, because of Delta and COVID hitting some of our people in the Maniapoto area, but we had a lovely pō’hiri this morning—this afternoon, I should say; early afternoon. And a mihi to them for coming down to tautoko the kaupapa, and also to our whanaunga who may be listening, who may be watching. This is a great day for our people in terms of Ngāti Maniapoto. Of course, also I want to tautoko Minister Little’s acknowledgment, as I did in our reo, to some of our leaders who passed away during the settlement, and we will always remember the first claims that were submitted in the 1980s. I too especially want to thank our Maniapoto negotiators—the Hon Nanaia Mahuta, Peter Douglas, Mook Hohneck, Tā Wira Gardiner, and Glenn Tootill, as well as the long-serving former chair of the Maniapoto Māori Trust Board, Uncle Tiwha Bell—he’s a real icon—chair, Keith Ikin, and deputy chair, John Kaati.

It’s appropriate to say that our foreign Minister over here did a magnificent job, a terrific job as chief negotiator when she was in Opposition; I thought that was a great strategy to take up that other position, in terms of negotiating for Ngāti Maniapoto. I did worry that she might have had problems controlling her two mates—Peter Douglas, who’s now in the Prime Minister’s office, and Mook Hohneck—but apparently it all worked out. Peter confessed to us all today that he wanted to be the chief negotiator but—and thank goodness—that didn’t work out. But he’s doing a terrific job in the Prime Minister’s office. But Minister Mahuta took over while Peter charmed many of our people at different hui around the country with his endless “I look like Sonny Bill jokes.” And we recall those hui, and they were certainly events. And, of course, Mook Hohneck was quite a negotiator, too; he looked after all the troublemakers and dissidents, in true Mook Hohneck style, which I won’t elaborate on today.

But I want to congratulate that negotiating team. These types of hui are not easy—they are not easy. And believe you me, if you haven’t been down that path, if you haven’t seen some of these hui, I advise anyone in the House to go and have a look. They vary in the different rohe, and then you have to come into the cities and you have to come into the Māngeres—and not everybody’s happy with a settlement; no, not at all. So you do need a mixture of strength, of skills, and of humour, and I think that’s what our negotiating team brought to the party. So I mihi to them and all other Ngāti Maniapoto people who are part of this House—our friend over there Mr Reti, good to see you, whanaunga, and also Simon Bridges, who I always have a bit of a joke with about Ngāti Maniapoto. Sometimes I tell him, when he’s offline, that he’ll be kicked out of Ngāti Maniapoto, but lately he’s online and on song, so I congratulated him very much for his promotion in terms of leadership over the last week or so. But Ngāti Maniapoto are proud of their politicians across the House.

A special mihi today to our kaumātua, our chair, Tiwha Bell. He served our people of Ngāti Maniapoto admirably. He’s a man of much mana and we wouldn’t be here today if it wasn’t for him. Also to Keith Ikin, the chair—he brings a lot of leadership and skills. And I mihi to you, Keith, if you’re listening or watching today. Of course, Minister Andrew Little must take a lot of credit for where we are, and his predecessor, of course, the Hon Chris Finlayson.

You know, Ngāti Maniapoto is very special—it’s a very special place. I whakapāpā to it strongly, through my mother, June Jackson, formerly Batley, who’s in the middle of Ngāti Maniapoto right now, at her sister’s rest home in Taumarunui. Her sister, of course, is Christine Brears, who’s a heavyweight in Ngāti Maniapoto—sadly, I think she was supporting National for a while, but never mind! She had John Key up there at some of her hui, so I’m going to have to get the boss along to sort of get her on the right track—well, that comes when you’ve got a farming background. But she’s a heavyweight mana wahine and has been a huge influence in my life in terms of always saying, “Don’t forget about Ngāti Maniapoto.” I mihi to her for her advocating in terms of Ngāti Maniapoto, supporting my mother, never being negotiators, but strong advocates for places like Taumarunui, Te Kūiti, you know, places that sometimes are forgotten by people. And Ngāti Maniapoto, first and foremost, is part of their lives. Both of them, my auntie and my mother, despaired regularly when I kept talking about Ngāti Porou, and they asked me to wipe that out of my kōrero, but I had to acknowledge Ngāti Porou through my father, and so my mother had to wear that.

In terms of the compensation for Ngāti Maniapoto, it’s appropriate for me just to focus in on the $165 million, because I think the challenge will be what our iwi does with that. Of course, as previous speakers have said, $165 million is never going to be seen as adequate. And we all know that Treaty settlements can never compensate for the true loss, and I think everyone knows that, because if you were to ask what the real settlement should be for Ngāti Maniapoto, people would say, probably, three or four times what that $165 million is. And, often, I get asked by our people why do we settle for such low rates. My response is always the same: when you have an offer of nothing or something, it’s always good to take something. Māori, through the years, are used to receiving peanuts, but through peanuts you can build dreams, you can build opportunities—ask the kōhanga reo movement; they’ll tell you. Look at where the kōhanga reo movement is today. Ask Ngāi Tahu. Ask Tainui. Tribes that settled for $170 million, now worth over $1.5 billion. So off the smell of an oily rag, dreams and empires can be built.

So I say to our people, to our negotiators, to our kaumātua, and to our leaders of Maniapoto, what will you build for our people? What will you build for young Maniapoto people going forward? How will you respond to the challenge, in terms of Te Ao Māori and the urban iwi divide? I mean, let’s be clear, most Ngāti Maniapoto don’t live in Ngāti Maniapoto. So we need to make sure and ensure that the settlement touches everyone’s lives.

Those are the huge challenges in front of us in the coming years. I’m very interested to see how Maniapoto responds and works with the Government. Through the years, I’ve been a critic of iwi who refuse to put their hands in their pockets when their people have been in dire straits, and I’ve challenged the iwi to front up in terms of funding and resourcing for their people. I understand, of course, the Government obligations, as everyone does in this House. I accept that Government should be primarily responsible for funding people in terms of their social needs—of course that has to continue—but I believe that this must be balanced against an iwi commitment for their people, particularly iwi who are doing incredibly well in the financial department, and we have big iwi now who are in the billion-plus category. It’s an indictment, perhaps, on some of our iwi that with some of the iwi doing so well, you can work across the road from iwi offices and have our people still living in Third World conditions. That’s a challenge. That’s a challenge for iwi. That’s a challenge for Government in terms of our strategy going forward. I think there’s an obligation from our iwi that can’t be just about a newsletter or of the odd-education grant. There must be a commitment to our people, and today I put that same challenge to our iwi of Ngāti Maniapoto. Kia ora no tātou katoa.

E rau rangatira mā, e ngā iwi, kia ora mai tātou. E pai ana kua puta mai tātou i konei i tēnei rā mō te take tēnei mahi hirahira. Ko ahau kei tēnei taha. Ko ahau nō Ngāti Wai, Te Kapotai, Ngāpuhi-nui-tonu. Ā, ki tēnei taha, ko ahau hoki tētahi o ngā uri whakaheke o Ngāti Maniapoto. I tūhono ai ki Kāwhia ki te urupā o tōku whānau. Ko taku tupuna whaea a Irena Whāwhākia Paki. Ko taku kuia he uri nā Hoata Paki. I tipu mai ahau i Kirikiriroa, nō reira kia ora mai tātou.

[To the many chiefs and to the tribes, greetings to all. It is good that we are here today for this important occasion. I sit on this side. I am from Ngāti Wai, Te Kapotai, Ngāpuhi-nui-tonu. From your side, I am also a descendent of Ngāti Maniapoto. I have a connection to Kāwhia, where my family cemetery is. My grandmother is Irena Whāwhākia Paki. She is a descendent of Hoata Paki. I grew up in Hamilton. Therefore, greetings all.]

Thank you, Madam Speaker, and I thank everyone for the opportunity to say a few words on this bill, the Maniapoto Claims Settlement Bill, and help shepherd it through to select committee, where a lot of the leg work will be done. This has particular resonance with me as a half of me is the Ngāti Maniapoto side—my Waikato-Tainui side—and the other half is my Ngāpuhi side. So this has a particular relevance to me here today even though a lot of my work, once I left Hamilton, has been up in Te Tai Tokerau. This bill still means a lot to my whanaunga in the Waikato-Tainui - Ngāti Maniapoto area.

There are several parts to this bill. The Crown apology: the Crown apology has three substantive parts to it, the first looking to redress the unjust use of Crown forces across the Mangatāwhiri River during the Waikato War. The second part: Treaty breaches, confiscating land which Maniapoto had interests in. And the third: failing to protect Ngāti Maniapoto tribal structures during this period, through the 1800s and 1900s. The second part is the cultural redress, which is across 36 sites of cultural significance in Ngāti Maniapoto, including three jointly vested sites. I noticed the place name changes as well; I think this is a good thing. The third part is the financial and commercial redress, the total value of which is $165,000. I note here, and as has already been commented, that one of the largest Public Works Act acquisitions was at Tokanui. I worked at that hospital about 30 years ago. It’s a substantial piece of land. It’s a big piece of land at Tokanui. I enjoyed my time there, and it is right that this be redressed back to the iwi.

The other parts that I want to talk to in this bill, as it moves towards select committee, first of all, have been raised by my colleague. We will be requesting some scrutiny of clause 124, Subpart 9 of the bill, which does talk to interests in the exclusive zone, and we just want to understand what that actually means, what the interests are. We want to check that it doesn’t reach across Takutai Moana and other legislation and want to understand what the prospective and retrospective implications might be. So this is a piece of work that the select committee will need to look at.

In a wider sense—again, with my Te Tai Tokerau hat on, if you like—we’d be very interested in the quantum with this bill, because we’ve got interests in what that might look like for Ngāpuhi, if we can ever organise that. And it was commented to me, “Don’t look so much there. One of the bigger settlements will actually be Ngāti Maniapoto.”—on the basis that the calculation for the quanta is actually substantively on the amount of land that’s been taken, and contentiously, some might say, that Ngāti Maniapoto, as we can see in this bill, has had a significant amount of land taken under various circumstances. But I make that point that, in the North, we were watching very interestingly what the Ngāti Maniapoto quantum might look like and what that might mean for us.

So we certainly don’t want to stand in the way of this bill progressing to select committee and the good work that that committee will do to appraise this bill, to appraise some of the concerns that we have raised, but net-net, of course, we are supporting this today. It’s fundamentally a good bill, it’s addressing a lot of the historical things we all need to address, and so this bill has our support today through the select committee, and we’ll have those deliberations there. Kia ora mai tātou.

E te Māngai, tēnā koe, otirā ngā mema katoa o te Whare nei, tēnā tātou katoa. Ko tōku whakapapa. Ko tōku tipuna ko Rāpana nō Ōtorohanga. Ka puta mai a Ihakara Rāpana, aka Ike Robin. Ka moe ia a Mei Pire nō Ngāti Pāhauwera, ka puta mai a Aroha Te Rangi Robin. Ka moe ia a Ruruhira Nepe-Apatu. Ka puta mai a Mei Robin, ka moe ia a Wīrangi Wiremu Whaitiri, ka puta mai ahau.

I runga i taku whakapapa, he mihi nunui ki te whānau, ki te iwi o Ngāti Maniapoto i runga i te kaupapa whakanui i te ahiahi nei.

[Greetings to the Speaker, and all members of the House. This is my genealogy. My ancestor is Rāpana of Ōtorohanga. From him came Ihakara Rāpana, aka Ike Robin. He married Mei Pire from Ngāti Pāhauwera and had Aroha Te Rangi Robin. She married Ruruhira Nepe-Āpatu. They had Mei Robin, who married Wīrangi Wiremu Whaitiri, who had me.

With this knowledge, I acknowledge the families and the iwi of Ngāti Maniapoto with respect to this important occasion this evening.]

It is indeed an honour to stand in support of the first reading of the Maniapoto Claims Settlement Bill. Can I acknowledge both those that are at home and unable to make it here this afternoon and those who are here listening here on the precinct to this significant piece of legislation we are debating.

As a former Treaty negotiator, you always look at deeds of settlement and you can distinguish certain aspects of negotiations from each other. When I examine the deed of settlement of the Ngāti Maniapoto, it gives me great pride that there are mechanisms in here that I’ve never seen before—the speed with which we have got to this place, with the mandate, obviously, signed in December 2016 and also the terms of negotiation signed that very same month, to less than a year later, probably in August 2017. So that’s probably six to seven months’ time that you’re signing the agreement in principle, and if you’ve negotiated claims, seven months to actually sign an agreement in principle is quite significant. So it’s not lost on me that the negotiators—and I want to acknowledge our tuahine the Hon Nanaia Mahuta and all those on the Ngāti Maniapoto side that were able to successfully conclude the agreement in principle in about seven months’ time. That’s lightning speed when it comes to Treaty settlements. And, of course, the deed of settlement was initiated this time last year, December, and, of course, here we are 12 months later having the first reading. So I want to acknowledge and underscore the speed with which this particular settlement has come to fruition and the many people that have worked in the background beside the negotiators, on both sides, to get us here today.

There are a couple of things that I mentioned earlier that are unique to this settlement, and I think it needs acknowledgment. In terms of the breaches of the Crown, the deed of settlement does acknowledge three key areas, but I particularly want to draw the House’s attention to the failure of the Crown to protect Ngāti Maniapoto’s tribal structures from the operation and impact of the native land laws, particularly the individualisation of tribal lands, which led to massive alienation of the tribal lands Maniapoto had cherished for centuries.

It’s the individualisation of Māori land titles that I want to underscore in this House. It was the making of this House that individualisation of communal ownership of land led to alienation, and we’ve heard time and time again when we read Treaty settlements in this House of the mechanisms of the Crown, not just confiscating land but the fact that the legislation that was meant to protect land had the reverse effect, and in this particular settlement we have that in the deed of settlement.

That, then, leads me to the extras, some would say, that the negotiators successfully negotiated with the Crown, of which I want to make mention. Taiaha Maungārongo: this is a taiaha which reflects tribal taonga that are still held in a lot of museums around Aotearoa and internationally. This taiaha, I understand, belongs to Maniapoto, to iwi, or the people of Maniapoto, and in the next five years the agreement allows that particular taiaha that has significance to Ngāti Maniapoto, which is currently held in the Otago Museum, to reside here in Parliament for five years before then going on to the Ngāti Maniapoto people. I think that is significant, and it could potentially open other opportunities for taonga. Many iwi have already settled, but those coming up next may want to look at exploring exactly what Maniapoto has done here with their particular taonga, this taiaha I mention.

And, of course, the Minister talked about the land that underlined the main trunk railway that went through Maniapoto’s rohe, and the Te Ara-o-Tūrongo part of this Treaty settlement, I think, is quite innovative in terms of whether we can gift land back wherever we can to those that lost land. It is absolutely important that we do it.

The ahumania talks about all the relationships with the various Government departments, and there are too many to list, but there are really critical ones in there, and, of course, the recognition of interest out to the 20-mile zone. As a Minister of Customs—and Madam Speaker is a former Minister of Customs. We understand the significance of our security on borders, and I’m particularly drawn to that part of this settlement, which, no doubt, will get explored when it goes to the Māori Affairs Committee, but it does acknowledge Maniapoto’s historic interest that goes out to 17.4 nautical miles, or 20 miles out to sea. So it will be interesting to see what submitters will say on that.

The $165 million of financial redress cannot be underscored in this time and age, and I want to acknowledge the success that the negotiators were able to gain in terms of commercial redress. One of the areas under the ahumania, the relationship redress, mentions a primary industries’ protocol, and just earlier this year, in July, I had the good fortune to actually visit Te Kūiti and the Maniapoto trust board to attend the Ngāti Maniapoto Marae Pact Trust, where I engaged with the rangatahi and the training that was going at the facility, led by Joe Stafford and all those that are working really hard with our agriculture primary sector community in the wider area. I want to acknowledge the work that they continue to do, and I know this settlement will enable not only the primary industry part of development for Ngāti Maniapoto but all the other aspirations that these people will continue to have and continue to evolve.

This is a fantastic settlement. Like I said, it draws on some unique mechanism within the settlement, which I’ve tried to highlight. It definitely will get tested, I have no doubt, through the Māori Affairs Committee. But it is critically important to underscore the commitment by the negotiators to get this negotiation up very quickly. It’s comprehensive—one of the most comprehensive settlements I’ve had the opportunity to speak in support of. I am very proud of those who have worked hard on both sides of the negotiating table, both in Minister Finlayson’s time and completed in Minister Little’s time. It is critically important that we see Treaty settlements in this House for the development opportunities they possess, not just for the Maniapoto people but in the outlying areas that make up this rohe of people. So, again, it is indeed an honour to add some value to the debate today in recognising the first reading of the Ngāti Maniapoto Claims Settlement Bill. I acknowledge everybody who has worked really hard, and I look forward to the Māori Affairs Committee’s report back, and, hopefully, we will hear from all interested parties, both the positives and the developments should that be required in the settlement bill. I commend this bill to the House.

Thank you, Madam Speaker It’s a pleasure to rise on behalf of the Green Party to also offer our voice of support for this bill. Along with others, I’d first like to acknowledge all the Maniapoto people who are here on the precinct of Parliament or present via Zoom or internet or watching on the television—however—observing this really significant day, this 30 years of work that’s gone into this, and it’s been a very long history that this is seeking to put at least a written line in the sand to move on from and reset relationships. I too want to acknowledge all those who have passed before this day, as all too often is the case, because these processes are not simple. For the general public who are watching this and are not up with geography in this country, I will just ground this in that the Maniapoto iwi is based in Te Rohe Pōtae—otherwise known as the King Country—in and around Te Kūiti, Ōtorohanga, and Te Awamutu, and it is a very significant iwi in this country. I understand in the census it’s a population of 35,000 people with many, as is often the case after land confiscation and theft and loss—most, 90 percent, I understand, living outside of the rohe. Also, I just acknowledge the negotiating team, who have been well acknowledged, I think, in other speeches today, and the speed of the negotiation and the comprehensive nature of the settlement certainly deserves commendation in this House.

I would say, though, that the Greens—we in every settlement speech will acknowledge that we do not believe that these settlements are full and final, and that for us the Crown and its representatives have breached Te Tiriti o Waitangi and, even through this process, continue to breach Te Tiriti o Waitangi. We believe that, ultimately, for justice and for everybody to be able to move forward into the future, we deserve there must be resolution and restitution for all outstanding historical and contemporary breaches, also acknowledging that Te Tiriti o Waitangi supports hapūtanga and that hapūtanga is undermined by the settlement process in general and in this settlement is no exception.

I note that there was a case that went to the Waitangi Tribunal seeking to overturn the mandate, which was not successful; the Waitangi Tribunal acknowledged that the mandate should stand and have basis to stand but did acknowledge significant flaws in the Crown’s actions in the process of this settlement. I do also at this point note that in that settlement, the Waitangi Tribunal noted that the Crown still had no policy or strategy for engaging with groups that did not fit neatly into its large natural groupings rubric, and this left these groups and their claims with no clear pathway forward. This is outstanding work of this Parliament—for us to be able to find that way—and I do encourage, as is always the case, that through the select committee process people bring their voices to have them acknowledged in this process, for us to be able to hear them and to see if there are ways to be able to acknowledge them. But on that moment, we can note the limitations on the process and the flaws on the behalf of the Crown; none of that undermines the work of the negotiators and iwi getting to this point, and it does—we can celebrate and critique at the same time.

So I would like to just take a moment to note, in terms of the history acknowledged in the settlement, key points that came out to me as a Pākehā reading this. There was an absolute sense of the absolute determination of Maniapoto iwi in holding their rangatiratanga against Crown’s denial of it from signing Te Tiriti o Waitangi in 1840, having to take up—and also just to note, because I don’t think it’s noted in the general public enough, that at that time Maniapoto were a strong, independent iwi with expanding trade connections among the growing Pākehā population. This was a thriving society with strong commercial basis, and the land, as it always is, was a core part of that reality. I just want to put that on record because when we don’t do that, I think we can unintentionally feed a narrative of the Crown being the saviour in the—you know, the beginning of commerce and success in this country, which is just patently untrue. And I note that then Maniapoto took up arms in its defence in 1863 and were involved under the leadership of Rewi Maniapoto and others fighting Crown engagements in several sites. I do want to thank Maniapoto for the saying, which has huge meaning to me, that arose at Ōrākau, the conflict there, where Rewi Maniapoto famously said, “E hoa, ka whawhai tonu mātou āke, ake, ake”, which is still well heard in protests, as we still have land struggles around this country. And that sense of determination and resistance I read in the statement, that absolute holding of the right of self-determination that reads all the way through this settlement and I want to acknowledge in this House—because that is no easy task, in the face of colonial processes and violence, and so credit to Maniapoto for holding that. And it is on now us in this House and tauiwi in the society to actually acknowledge that self-right to self-determination.

I just want touch on some of the aspects of redress in the settlement, recognising there have been 36 sites of cultural significance and three jointly vested sites returning to Maniapoto and a separate site as a recreation reserve. Then there are overlay classifications and statutory acknowledgment and a deed of recognition for another, I think, 31 places of significance, and place-name changes to 12 sites, 10 of which is adding the macron that was missed out, which is a very common thing in this country. It is, I guess, when English is the dominant language—sometimes the nuances and the differences of language are missed altogether, even when they are glaringly obvious, so it is a correction to those names. Also acknowledging the natural resources arrangements that are in the settlement around Ngā Wai o Maniapoto and provide for Maniapoto to develop an environmental plan and joint management agreement with the Waikato Regional Council, separate to, of course, from the Waipā River, which had already been covered by a previous settlement—then also for conservation to have regard to Maniapoto’s environmental management plan when preparing the relevant conservation management plan in Maniapoto’s areas of interest. I do think that these are of particular note, because we know the water and the land are the life that sustains. And as I will say in every settlement bill, the Crown has been a very, very poor caretaker.

Thank you, Madam Speaker. I rise on behalf of ACT in support of the first reading of the Maniapoto Claims Settlement Bill. Like so many Treaty settlements over the past few decades, this bill is nearly the culmination of a process which involves many thousands of hours’ work by hundreds of people to find peace for wrongs of the past, and it is an extraordinary process that our country has committed to over the last 36 years in order to try to correct some of the less desirable parts of our country’s history. The fact that we do that is, in my view, an example of New Zealand exceptionalism. Not perfection; it doesn’t extinguish the many wrongs that have occurred, but actually no country in history has ever been able to make history perfect. In fact, no country has been able to make the present perfect. And while we have great hope, we may not manage the future either. But what these settlements mean is that we acknowledge, and then redress to the extent possible within the practical realities of modern life, the wrongs of the past. And that’s certainly what this bill seeks to do for claimants in Maniapoto.

It gives a collection of redresses. One is an apology and acknowledgment and a historical acceptance of things that happened in the past, and it apologises for breaches of the Treaty in that time. There’s also cultural redress intended to recognise the cultural, historical, and traditional associations of Maniapoto. This is an area where I think some people could have some pause while supporting the general concepts of this bill. The legislation, for example, asserts that a taniwha exists. Now, around the world, for very good reason, most societies have moved or are moving towards a separation between what is put in law and what is objectively agreed to be real and what is metaphysical—what is people’s chosen beliefs about the world beyond the physical. The reason for that, as history has shown, with great difficulty at times, is that when people try to incorporate metaphysical beliefs into the apparatus of the State or the legal requirements for what people must believe, there is inevitably conflict because legislating metaphysical matters requires people to believe things by law that they may privately vehemently disagree with. And many people throughout history have lost their lives, fought, and been terrified and brutalised by precisely that mixing of metaphysics with the law and the State. So I think that reasonable people, while supporting the thrust of this bill and the concept of redress, can ask themselves whether or not something such as the assertion of the existence of a taniwha is something that belongs in statute law in a modern and democratic society, which is surely what—or at least I would hope—all members would want New Zealand to be.

It then goes on to give some more concrete redress, including natural resources; forestry; titles, both fee simple and customary over, I think, a total of 37 properties; and it also includes some changes in governance and reorganisation of taxation matters for fisheries. There’s also—I may have mentioned—some commercial redress transfers of Crown forest licenced lands. So there’s quite a sweep of redress, ranging from an apology, to land, to forestry, tax treatment of fisheries, and some cultural redress which involves the treatment of a system of beliefs around certain parts of the natural world within the rohe of Maniapoto.

So with those comments, I look forward to seeing the bill going off to the select committee, where it can be examined and debated. But I also signal that an ACT Party that has been an enthusiastic embracer of the Treaty settlement process for several decades now, that believes that the will to examine and atone for past wrongdoing is an example of some of the best of New Zealand, should also be cautious that we don’t start to mix what is metaphysical and what is physical, because many countries have gone down that path and discovered that that mixture is actually a very dangerous one, and those that have the ability are doing their best to pull back from it. With that, I commend the first reading of the Maniapoto Claims Settlement Bill to the House. Thank you.

Ko te manawarere, ko te manawarere, kia ū, kia ū—trembling hearts, trembling hearts, be firm, be firm. This bill has significance to me as a descendant of Rāwiri Puhirake and Pene Taka Tuaia, the masterminds of the battle of Gate Pā, who, like Ngāti Maniapoto, were leading a group of native hostiles into battle.

Tauranga iwi, Ngāi Te Rangi, Ngāti Ranginui, and Ngāti Pūkenga, were in the Waikato fighting alongside Waikato and Maniapoto and that was a favour that got returned when war arrived in Tauranga in 1864. Maniapoto were there alongside other iwi. When Tauranga iwi and their allies defeated the British troops in Tauranga, it convinced General Cameron of the hopelessness of continuing offensive operations against modern pā. No other attack on the pā seemed likely to succeed as the one on Gate Pā. Extensive artillery pieces were brought to bear on the pā and the British had a huge numerical advantage. The fact that this was not enough to gain even a tactical victory hardened Cameron’s opinion that it was futile to attack a completed pā.

Now, this had important strategic effects as the King movement was not defeated. It lay waiting behind two separate lines of defences. These lines consisted of flexible cordons of modern pā with one protecting Ngāti Hunua territory and the other protecting Ngāti Maniapoto territory. Neither of these lines were attacked as Cameron did not forget the lessons that he learnt at Gate Pā. Therefore, I stand as a proud descendant of those that never gave up, those that never backed down, and today, Ngāti Maniapoto, we salute you, we stand by you again, and we navigate this battle: your settlement. Ka whawhai tonu mātou, ake, ake, ake.

[We will continue to fight, for ever and ever.]

The Maniapoto area of interest encompasses the King Country, including the adjacent marine environment and part of the exclusive economic zone. The principal townships within their area of interest are the mighty Taumarunui, Mōkau—not “Mo-cow”—Ōtorohanga, Te Awamutu, and Kāwhia as well.

Today marks a very significant milestone between Maniapoto and the Crown. This is the first reading of their bill, the Maniapoto Claims Settlement Bill, and this bill has taken just over 30 years to complete—30 years and it all comes down to these pieces of paper right here, which is their claims settlement bill. Only less than a month ago—around a month ago—the deed of settlement was signed in the territory of Ngāti Maniapoto, and actually it’s great that only a month later we’re standing here in the House delivering the first reading. The iwi will certainly benefit from the speed of this and from us standing here today delivering the first reading.

It’s been a long journey for them to reach a point where they are today, and it was poignantly said by Keith Ikin, who’s been leading some of the negotiations for Ngāti Maniapoto, “No settlement will ever compensate for the mamae we have endured for many generations. We reflect on the courage and sacrifice of our tūpuna and the generations of our people who have gone before us. We held fast to our mana whakahaere and achieving a relationship with the Crown that reflected the expectations our forebears set out in their signing of the Treaty of Waitangi, within Te Ōhākī Tapu and within the Kawenata of 1903. Today”—this is the day of the signing of the deed of settlement—“we hold fast to the expectations our elders have set. The way forward is a new relationship with the Crown that is real partnership and respects the rangatiratanga of whānau, hapū and marae within Te Nehenehenui.”

He goes on to say, “For those whānau who have committed over the last 30 years to the Waitangi Tribunal process, to informing the settlement and the design of the proposed new governance entity, we acknowledge your hard work and commitment. At the forefront of [their] thoughts”—and we heard this today in the pōwhiri—“are those who committed to this settlement [many years ago], who are no longer with us today.”, and today, on the day of the first reading, we remember them.

Can I acknowledge the Waitangi Tribunal process, which has also played quite an important role in scrutinising the part of the Crown in the Ngāti Maniapoto settlement. It’s an incredibly important part of the process because it creates an independent authority, an authoritative view on the claims settlement. The conclusion was that the Crown failed to protect King Country Māori against the severe and the lasting impacts of the settlement. It released its report, Te Mana Whatu Ahuru: Report on Te Rohe Pōtae Claims, which addresses 277 claims concerning Crown actions. One of the chapters in their report addresses the claims concerning Māori health in the area and wellbeing from 1886 to the present, covering subjects such as education, employment, te reo Māori, and also racial discrimination.

In the mid-1880s, Te Rohe Pōtae Māori negotiated with the Crown to open their district to the North Island’s main trunk railway, a move which would bring the region’s longstanding isolation from Pākehā to an end. The Crown did not uphold its promises and between 1890 and 1905 Māori lost ownership of more than 250,000 hectares of land or, comparatively, a third of the district. The Crown ignored the assurances it gave them back then and that was the catalyst for the situation that King Country Māori find themselves in today.

People have become disenfranchised with their lands. As my colleague the Hon Willie Jackson said earlier, 90 percent of Ngāti Maniapoto do not live within their tribal territory. They’ve also become disenfranchised from health outcomes, positive health outcomes, which affects the wellbeing of the people and the identity. All of those impacts can be traced back to those decisions and those activities that were made by the Crown in the 1880s—all of this and a whole lot more I’m sure that we’re going to hear about in the Māori Affairs Committee. It is an important part of the process, albeit there’s already been 30 years of reports, 30 years of submissions, 30 years of claims from the whānau, from the iwi. But, actually, it is an important part of the process.

So, as soon as we can, we’re going to call for submissions on this, and I call out to all of Ngāti Maniapoto who are scattered around Aotearoa who may be listening to this. We encourage you to submit into this process. This is a very important issue. It’s a very important take [claim]. You must make sure that we hear your voices as we read the first, the second, and the third readings inside this Whare, the House of Parliament. As the submissions will be called, it will be one of the first orders of the committee in the Māori Affairs Committee in 2022, and I hope that we can do justice to a very long process for the people of Ngāti Maniapoto.

I stand here today as a descendent of Tauranga Moana. I acknowledge Ngāti Maniapoto and their journey and I look forward to bringing them into Māui Tikitiki-a-Taranga to be able to hear their claims, to be able to hear their submissions, and to be able to give them some justice on this, their Treaty settlement claim. I commend this bill to the House.

Debate interrupted.