Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Bill

I am humbled to be able to speak today on behalf of the Maori Party in support of Taranaki Wh
nui ki Te Upoko o Te Ika.

 

In doing so, I recognise the legacy of the tupuna of Te Ati Awa, Ngati Tama, Taranaki (Tuturu), Ngati Ruanui and other people from Taranaki including Ngati Mutunga.

 

This is a historic piece of legislation in which every individual who is a member of Taranaki Wh
nui ki Te Upoko o Te Ika has the opportunity to benefit from the Deed of Settlement which will settle their historical claims.

 

This legislation acknowledges statements made by Taranaki Whanui of their cultural, spiritual, historical, and traditional association with thirteen statutory areas.

 

Mr Speaker, as with any settlement legislation, the Bill is a time for quiet reflection, for tears to flow, for stories to be told.

 

It can never be an occasion of celebration – no matter how significant the outcomes articulated in the Bill.

 

And I think it is an opportunity to reflect on the occasion that took place just less than a year ago, not far from here at Pipitea Marae.

 

The occasion was the day in which the Port Nicholson Block Claims Team, together with Taranaki whanui ki Te Upoko o te Ika, met formally with Crown Ministers for the official signing of the Deed of Settlement.

 

When one looks at the reports of that day, a phrase stands out “an air of heavy anticipation hung over the marae”.

 

The heaviness that hung over the heads of all those gathered, was the pain, the memories of ancestors who migrated to Wellington in the 1820s and 1830s.

 

It is the heaviness of the stories recalled of those tupuna who signed the Port Nicholson Deed of Purchase in 1839.

 

We think back to those days; we think back to last year; and we look ahead, mindful of all those who have gathered in the Gallery today – their hearts also heavy with the collective losses that were recorded in the Waitangi Tribunal’s report on the Wellington District Inquiry published in 2003.

 

Mr Speaker, it can never be a day for rejoicing when we acknowledge in this House, the breaches of the Crown in its obligations under Te Tiriti o Waitangi.

 

But there are also tears that can be shed for Taranaki Whanui ki te Upoko o te Ika for today – as any of us who have read over the submissions can attest to.

 

Te Runanga o Ngati Toa – also my relations - shared with the Maori Affairs Select Committee, their concerns that much of the Crown’s estate has been provided to Taranaki Whanui at the expense of Ngati Toa.

 

But in the spirit of true manaakitanga, of generosity of spirit, they conceded to moving on despite the redress they have been offered within the Port Nicholson Block not meeting their expectations or adequately reflecting their interests.

 

Ngati Tama ki Te Upoko o Te Ika supported the intent of the Bill but were also concerned about the Crown’s treatment of Ngati Tama’s interests that have not been addressed.

 

And I have to mention that my husband – as a member of this iwi – was very involved in the process.

 

Their support of the Bill, was guarded – influenced by the spirit of hope that the Crown in conjunction with the Taranaki Whanui governance entity will resolve the outstanding Ngati Tama issues, in the best interests of all concerned.

 

And it is deeply distressing to know that just ten days ago, some Ngati Tama have opted out of this settlement so will not be part of the PNBC entity to receive settlement entitlements.

 

Instead they seek to renegotiate for their own exclusive settlement within the same area.

 

There was the option to go back to the Waitangi Tribunal for further recommendations, but they have chosen to opt out instead.

This situation has arisen because some from Ngati Tama felt that Ngati Tama have not been well served in the process.

 

Mr Speaker, it is always an uncomfortable position to raise unresolved issues, in the context of settlement legislation.

 

The Waitangi Tribunal report – Te Whanganui a Tara me ona Takiwa – in making reference to iwi that have unresolved issues states that: “Leave is granted to the parties to seek more specific recommendations (from the Tribunal) if agreement cannot be reached”.

 

And so we acknowledge that there is the opportunity and the mechanism by which unresolved issues can be heard.

 

But that does not make it easy by any means.

 

It is precisely because of these concerns that the Maori Party has advocated to establish a Parliamentary Commissioner for the Treaty to review and monitor progress of the Treaty settlements and the whole settlement system.

 

Our member on the Committee, Hone Harawira, told us of the agonising concerns regarding the opt-out clause.

 

As Mr Quinn has noted, in the case of Ngati Tama, the committee does not recommend the use of opt-out clauses.

 

The Committee’s view was that if some Ng
ti Tama wish to negotiate a separate settlement they should form a single entity and achieve a mandate recognised by the Crown.

 

They noted that the Crown should not be called upon to adjudicate differences within an iwi grouping and considered that these are matters for iwi to resolve.

 

And so we leave it there – for the time – but we leave it knowing full well these issues will return to haunt us, if we do not ensure a full and comprehensive understanding of all the varied positions and views of this settlement as with any settlement.

 

The submission put forward by Eldon Potaka was clearly that Ngati Tama people wish to have their right, in terms of tino rangatiratanga, founded on Te Tiriti o Waitangi to determine their own future with regard to lands, forests and all taonga.

 

They stated that Ngati Tama does not assume the right to oppose the settlement which the Bill provides but they would hope that in good faith their right is not denied to choose their own negotiators as the Tribunal recommended.

 

These are important issues – and they are issues which the Crown – and this Parliament – must continue to take seriously.

 

The desire had been that the Taranaki Whanui governance entity seek a resolution of the Ngati Tama issues simultaneously with the passage of the Bill and implementation of the Taranaki Whanui settlement.

 

And so we will be interested to watch this progress and see how the progress moves, as the Bill moves through the House.

 

Finally, the Maori Party acknowledges those who have been part of the negotiations team – and who have played such a major part in this negotiation.

 

We acknowledge the enormous dedication of people such as Sir Paul Reeves, Professor Ngatata Love, Neville Baker, Kara Puketapu, June Jackson, Liz Mellish, Mark Te One, Dawn McConnell, Spencer Carr and Kevin Amohia –and I apologise if I have missed any one out - all who were represented as the signing last year.

 

But in naming individuals, we think too of all of the whanau who have given so much to supporting those who have taken the claim so far.

 

We acknowledge the negotiatiors, the beneficiaries, those who cast votes and all those who have given so much to this process.

 

We acknowledge those too, who have taken the hard call to opt out, those who did not vote, but those who also carry the legacy of their history upon their shoulders.

 

We mihi to you all, we add our vote of support at this Bill, and we remember your pain.