Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest)
On-account Settlement Bill

Hon Tariana Turia, Co-leader of the Maori Party

Thursday 19 November 2009

Mr Speaker, on behalf of the Minister for Treaty of Waitangi Negotiations, I move that the Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill be now read a first time.

Mr Speaker, at the appropriate time I intend to move that the Whanganui Iwi (Wanganui (Kaitoke) Prison and Northern Part of Wanganui Forest) On-account Settlement Bill :

• be considered by the Māori Affairs Committee;
• that the Committee report finally to the House on or before 19 March 2010 and
• that the Committee have the authority to meet at any time while the House is sitting, except during oral questions, and during the evening on a day on which there has been a sitting of the House, and on a Friday in a week in which there has been a sitting of the House despite Standing Orders 187, and 190(1)(b) and (c).

E mihi aroha tenei ki to tatou kuia, e takato ano ki Matahiwi.

E rere kau mai te Awanui mai te Kahui Maunga ki Tangaroa. Ko au te awa ko te awa ko au

E nga ripo, e nga ngaru, mai te tihi o Tongariro ki te kaihou a Kupe Whanganui nui tonu, tena tatou katoa.

I greet the House, as uri of Ngati Apa/Wairiki, Nga Rauru, Ngati Tuwharetoa, Whanganui. I claim all of my whakapapa; whakapapa should never be up for debate.

This statement is fundamental to an understanding of this Bill.

This Bill gives effect to aspects of the deed of on account settlement signed by the Southern Whanganui Cluster/Tupoho working party on behalf of Whanganui iwi and the Crown on 31 July 2009.

In doing so, this Bill protects Whanganui iwi interests in the northern part of the Whanganui Forest and the half share in the land under the Whanganui Prison.

Although the Bill is focused firmly on identifying interests within tribal boundaries the relationships with neighbouring iwi; with ourselves; is never far from thought.

Regardless of the line in the sand drawn in this process, it is my firm belief that we should not allow the passing of statutes to divide our whakapapa relationships because in fact, we are all ourselves. We can be both Whanganui and Ngati Apa/Nga Wairiki; we can claim all of who we are.

The agreement by the Crown to enter into an on account settlement was an outcome of discussions between Ngāti Apa (North Island) and the working party to address concerns Whanganui iwi had with aspects of the Ngāti Apa (North Island) settlement.

It has been good to have this Bill, and the Ngati Apa Bill, both up in the same week, to highlight our common interests; the areas that unite and bind us together as whanau, hapu and iwi.

One of the more contentious features of the treaty settlement process is the implications of decisions made in one iwi context for our families of mixed tribal orientation.

In situations where we face overlapping tribal boundaries, we have to make that choice, to focus on one part of ourselves over and above another.

Addressing overlapping interests is one of the key challenges in Treaty settlements. It is difficult and a complex area and there are no easy answers.

Where groups claim an interest in sites offered to iwi in settlement negotiations, the Crown has the obligation to engage with them and consider their interests in good faith.

But if I could say one thing to ourselves, it would be that we mustn’t allow the process to divide and to take precedence over whakapapa relationships with and between ourselves.

The on-account settlement with Whanganui iwi demonstrates the challenge that the Crown confronts, in trying to find flexible and creative solutions to these very difficult issues of overlapping interests.

But it represents also, the challenge that we face as uri, to ensure that our relationships with each other are far more enduring, and far more substantial.

When the Crown step out of the process, iwi will always be there, and so we have to be ready to relate to each other, to respect each other, to work out our differences and unite in our common ground.

And so I stand today, acknowledging those historic relationships and strategic marriages that took place to maintain our whakapapa. It is those relationships which must be at the forefront of every decision.

This deed of on-account settlement provides the working party with the opportunity to acquire:
• a half share in the land under the Whanganui Prison; and
• half share of the Whanganui Forest not offered to Ngāti Apa.

This opportunity only arises if Ngati Apa decide to select their share of these two assets.

But the right of deferred selection offered to Whanganui iwi over these properties is first subject to Ngāti Apa exercising their right of deferred selection over the land under the prison and the southern half of the Whanganui Forest.

If Ngāti Apa do not purchase the half share of the land under the Whanganui Prison or the southern half of the Whanganui Forest, the Crown will retain these properties.

The value of the transfer of the assets transferred in this on account settlement will be taken into account when the Crown makes an offer of redress for the final settlement of the Whanganui iwi historical claims.

This is the second on account settlement offered to Whanganui iwi.

The first was the transfer of the Whanganui Courthouse, with a leaseback to the Crown, agreed in 2004.

If such rapid progress can be achieved in these two on-account settlements, it does create confidence that perhaps the longest running legal case in New Zealand history, the claims for Te Awa Tupua, may soon be close to settlement.

I want to return to the point I raised earlier about the timing of this Bill in the same week as the Ngati Apa legislation.

The transfer of these properties to Whanganui iwi is closely linked to provisions in the Ngāti Apa (North Island) Claims Settlement Bill to transfer the land under the Whanganui Prison and the southern part of the Wanganui Forest.

I propose the Whanganui On-account bill be progressed through its stages in Parliament as a companion measure to the Ngāti Apa Claims Settlement Bill in order for the Bills to receive Royal Assent on or close to the same date.

Finally, I would like to thank the members of the working party and Whanganui iwi for their commitment to achieve this on account settlement in a short timeframe.

I consider that the bill should therefore proceed without delay to the Māori Affairs Committee. I commend the bill to the House.

ENDS

© Scoop Media