Speech to Te Kōkiri Ngātahi hui

• Mihi
• 35 years ago, the historic Maori land march led by Dame Whina Cooper arrived in Auckland and crossed the Harbour Bridge.
• 35 years ago, we were contemplating the establishment of the Waitangi Tribunal. 35 years on, and we are contemplating how the landscape will look in a post-settlement environment.
• 35 years ago, the Harbour Bridge felt the burden of thousands of footsteps of protest. And this year, 35 years on, from the Harbour Bridge we proudly flew both the New Zealand flag and the Māori flag. This recognised our status as tangata whenua and marked the unity that we are rapidly moving towards.
• The land march was a watershed event for all Māori. It marked the beginning of the journey that we are reflecting on today.

The post settlement environment

• Typically, when we talk about the changes that follow historical Treaty settlements, we talk of addressing long standing relationship mamae, of greater economic capacity and the restoration of tribal estates. We talk about redirecting our energy, on both sides of the relationship, from negotiations to development modes.

• Of parallel importance is that completing settlements will be a significant milestone for the Crown. It will indicate the restoration of the Crown's relationships with iwi. And progressing into the future, the Crown will have more confidence that these relationships are no longer based on negative equity!

• I am also mindful of a much broader agenda of Crown-Māori relationship interests that we must pursue.

• And that agenda extends beyond the Crown-Māori relationship itself into other areas. I have particular concern about the impact of Crown processes on relationships amongst iwi, for example.

Crown-Māori relationships

• Post settlement relationships should not be limited to relationships with settlement entities or collectives. It is clear to me that while iwi settle on behalf of their members, there is often a low level of participation in enrolment on iwi registers, mandating and ratification.

• It is essential that the clear majority of those who do participate in mandate and ratification processes support the post settlement entities that represent them. However, we also need to think about iwi members who do not participate in these processes, and the other organisations and collectives with which they associate.

• Crown-Māori relationships need to be inclusive of all forms that Māori choose to organise themselves in, and through which they choose to interact with the Crown. This includes as iwi, as hapū, as whānau, as marae, as providers and provider collectives, as business interests, or as the constitutional Treaty partner sharing responsibilities with the Crown.

• I am very conscious that the cost for government of participating in such a broad range of relationships is likely to be characterised as excessive and unmanageable.

• However, I am equally conscious that the Crown's combined resources are far in excess of every group represented here today. And every group here is concerned not just with its settlement relationship, but also with every aspect of government that impacts on the lives of your members.

• Clearly, we must find some balance where we are able to work with each other on the things that matter to each other.

Iwi-iwi relationships

• In relationships amongst iwi, I have observed the impact of the settlement process on longstanding iwi relationships. I have seen our regard for each other diminish in the pressure cooker environment of achieving a settlement, and iwi allies turn into iwi adversaries.

• This causes me much distress. Restoring the Crown-iwi relationship should not compromise the iwi-iwi relationship.

• At the end of the day, your neighbours before settlement will still be your neighbours after settlement. Whereas, as you all know, the face of the Crown changes at very regular intervals!

• I am strongly of the view that the enduring nature of iwi-iwi relationships demands two things. First, a greater concern by the Crown to ensure its processes do not impinge on these relationships. I appreciate that there have been changes in negotiations processes and approaches in direct response to these concerns. I do not, however, think that the problem is solved - and a continued effort on the part of the Crown is necessary.

• And secondly, and on this I speak as a member of Ngāti Kahungunu rather than as the Minister, a greater concern amongst iwi to nurture our relationships with each other, irrespective of the Crown's interests of the day.

Crown-Māori relationship objectives

• In the post-settlement environment, we look forward to a restored Crown-Māori relationship as Treaty partners. Following the settlement of historical claims, we can focus on developing ways of working together to reach our aspirations for the future.

• We look forward to Crown and Māori working together on shared goals. The challenge is to establish effective and constructive relationships that can best ensure the health, prosperity and wellbeing of our people and our whenua.

Relationship conduct

• I do not think that relationship conduct is something that we need to spend too much time on.

• Our own expert bodies have developed a body of Treaty-based jurisprudence which establishes the code of conduct for the Treaty relationship.

• I choose the word "code" deliberately, as Treaty principles are codified through the findings of the Waitangi Tribunal, and the rulings of the High Court and the Court of Appeal.

• These principles span honour, good faith, co-operation, reciprocity, consultation requirements, development rights and redress. To me, these principles are the minimum standards that we must observe in our interactions with each other.

• Beyond these, our relationships need to be conducted in a way that is consistent with our relationship objectives. And they need to be based on our shared interests - the things that we wish to progress with each other.

• Not everything that government is involved in will be of priority to you. And similarly, many of the things that are on your own agendas you will see as iwi business and not within the purview of government.

• It's important that we find a mechanism to develop our shared set of priorities, so that we can focus our efforts on achieving those things.

Relationship instruments

• I do not have strong views about what that mechanism should be, and I welcome your views on this.

• I do, however, have strong views on what the mechanism should not be.

• I am extremely concerned about the development of social accords as instruments for settlement redress. I do not doubt the need for these accords. However, in my view that need is symptomatic of a failure of successive governments to provide for the social needs of iwi and Māori.

• The persistent disparities between Māori and non-Māori, and the failure of government to deliver services in ways that resonate with Māori communities are ongoing. And they seem, at least to me, to be requiring claimant groups to spend valuable negotiations capital - and claimant funding - on negotiating for an assurance that government will do the basic job that taxpayers fund it to do.

• I have a similar view about accords that are focused on local government and natural resource management.

• The statutory framework is quite clear - and provides for opportunities for Māori involvement in decision-making over natural resources. These opportunities extend right through to the transfer of powers from local government. But these provisions, and therefore the intent of Parliament, are consistently not given effect to.

• As a result, again, claimant groups are spending valuable negotiations capital - and claimant funding - on negotiating what is already be available to them, but not given effect to, through the existing statutory framework.

• I welcome the Deputy Prime Minister's comment that Ministers need to give clear messages on this. It is my view that the government must do more to ensure its own effectiveness. This way, settlement negotiations and post settlement relationships can be focused on development opportunities and not on what should already be provided to iwi and Māori.

• Whatever relationship instrument or approach we agree, we need to ensure that small iwi, the variety of groups that Māori organise themselves through, and all segments of the Māori population have a voice in that relationship.

The Role of the Minister of Māori Affairs and Te Puni Kōkiri

• I am heartened by the Deputy Prime Minister's intent to bring a greater level of attention and discipline to co-ordinating and monitoring the quality of the Crown-Māori relationship, and particularly how Māori fare through that relationship.

• As the Minister with principal responsibility for the Crown-Māori relationship, I welcome this move by government. I also welcome the enhanced role for Te Puni Kōkiri, as the locally based Māori face of the Crown.

• The Deputy Prime Minister has sought your feedback on the post-settlement relationship and a process for engagement. I am interested in your feedback on both how we coordinate our efforts and how we measure relationship performance, in terms of both process and results.

Not losing sight of current issues

• Although our discussions today are about future-focused relationships, I am concerned to ensure that we do not lose sight of current issues that we are dealing with.

• I am heartened by the moves of this government to test policy ideas during their early stages with iwi, and commit to receiving on-going iwi and Māori input quite independently of advice from officials.

• We have seen this approach across a number of fronts, including for example, reform of the Foreshore and Seabed Act, which involved both expert input from iwi leaders, and broad based consultation with Māori.

• It is important that we continue these processes on issues of importance to you, such as our policy approach to fresh water, and reform of the Resource Management Act.

• It is only through this type of inclusive approach that we will achieve the best possible solutions, and avoid unnecessary misunderstanding between iwi, Māori and the Crown.

In conclusion

• We stand at the cusp of a new era in the Crown-Māori relationship. We have come a long way since the land march. For the past 35 years we have focused on airing and resolving historical Treaty claims. Now we are looking forward to the post-settlement environment.

• I think it is vital that we take the time now to work together on a vision for the Crown-Māori relationship. There will be challenges ahead. But if we establish a solid foundation for the ongoing relationship, based on shared understandings and agreed expectations, then we will be in a strong position to meet these challenges.

Kāti mo tēnei wā.