Te Uri o Hau Claims Settlement Bill Notes for First Reading Speech

Mr Speaker I move that Te Uri o Hau Claims Settlement Bill be read a first time.

It is intended to refer this Bill to the Maori Affairs Committee.

The Bill brings to an end longstanding and significant grievances. Te Uri o Hau are a large hapu of Ngati Whatua. Their historical Treaty claims cover the northern part of the Kaipara Harbour and relate to the loss of land.

This settlement acknowledges specific breaches:

·The process used to determine the reparation for the plunder of a store, which led Te Uri o Hau chiefs and others to cede land at Te Kopuru as punishment for the plunder, was prejudicial to Te Uri o Hau. The Crown acknowledges that its actions may have caused Te Uri o Hau to alienate lands that they wished to retain, and that this was a breach of the Treaty of Waitangi.

·The failure of the Crown to set aside reserves and protect lands for the future use of Te Uri o Hau was a breach of the Treaty of Waitangi.

·The Crown acknowledges that the operation and impact of the native land laws had a prejudicial effect on those of Te Uri o Hau who wished to retain their land, and that this was a breach of the Treaty of Waitangi.

From the time the Treaty was signed, Te Uri o Hau tried to preserve and strengthen their relationship with the Crown. In particular, the early land transactions with the Crown promoted trade and settlement, and contributed to the development of New Zealand.

However, the benefits that Te Uri o Hau expected to flow both ways from this relationship were not always realised.

The widespread loss of land has hindered the economic, social and cultural development of Te Uri o Hau.

This important milestone for Te Uri o Hau is also significant as this is the first Treaty settlement in the north. I hope that this settlement will encourage other claimant groups.

It is also significant because of the return of forestry land to Te Uri o Hau. This demonstrates this government’s commitment to “best endeavours” for settling forestry claims.

In June 1999 the previous government recognised the mandate of the Te Uri o Hau negotiators. A Deed of Settlement was signed in December 2000. A representative, transparent and accountable governance entity to receive the settlement assets was established and ratified.

It has taken just over three years to reach the point of introducing settlement legislation, which is faster than most other negotiations of this type, both within New Zealand and internationally.

I want to thank the Te Uri o Hau kaumatua and negotiators who have been a very focused and constructive group to work with.

Our goal is to ensure that settlements resolve the grievances of the past. This lays the foundation for a strong and positive relationship between the Treaty partners in the future.

I want to acknowledge the work done by former Ministers of Treaty Negotiations and Maori Affairs who contributed to this settlement.

I also want to thank the other Ministers and departments involved and in particular, the Minister of Conservation who has supported the process throughout.

I wish to thank the Office of Treaty Settlements for the work done in seeking a just and fair settlement. As New Zealanders we are proud that real and significant grievances are recognised and settled peacefully and within the law.

The public can be assured that the Crown is certain of the validity of the claims settled by this Bill, and has negotiated with the interests of the taxpayer in mind.

It is not possible to fully compensate Te Uri o Hau for all the loss and prejudice suffered. Settlements must take into account the other developments and commitments that exist in New Zealand society.

I wish to congratulate Te Uri o Hau for negotiating on this basis, and with reasonable regard to the interests of the wider community. If claimant communities insisted on full recompense for what had been lost, there would be no settlements and no resolution of the historical grievances that affect claimant communities.

The negotiators for Te Uri o Hau have agreed to a settlement package, which includes:

·A Crown apology for the Crown’s breaches of the Treaty of Waitangi and its principles
·Financial redress of $15.6 million dollars
·The vesting of 2 areas of approximately 3,700 hectares of Crown forestry licensed land
·The vesting of eleven cultural redress properties
·An acknowledgement of Te Uri o Hau values in respect of two special areas, known as Kirihipi overlay areas
·A statutory acknowledgement of the special association of Te Uri o Hau with statutory areas
·An acknowledgement of the special association of Te Uri o Hau with particular coastal areas
·The granting of renewable camping entitlements over nohoanga sites
·The right of first refusal over an amount of quota for certain shellfish species
·Agreement that the Minister of Fisheries will recommend the making of regulations to provide for exclusive non-commercial customary food gathering by Te Uri o Hau in the oyster reserves
·An acknowledgement of the special association of Te Uri o Hau with certain indigenous species
·Changes to certain place names.

In consequence, this law makes clear that this is a full and final settlement of all the historical claims of Te Uri o Hau.

This settlement has had a high level of support from the Te Uri o Hau community, with 83 percent of eligible voters who participated, supporting the Crown’s settlement offer. All of Te Uri o Hau are beneficiaries of the settlement, and will be able to vote for representatives to the Te Uri o Hau Settlement Trust.

Finally, I want to acknowledge the individual kaumatua, members and negotiators of Te Uri o Hau, whose commitment on behalf of their people, their ancestors and their descendants has led to this historic event and the restoration of the integrity of the Crown