Marine and Coastal Area (Takutai Moana) Amendment Bill

Preamble – Rahui Katene

Tuesday 15 March 2011; 3.50pm

I am proud to speak to the House as uri of Ngati Apa, Ngati Kuia, Ngati Koata, Ngati Toa Rangatira, Ngati Rarua, Ngati Tama, Te Atiawa and Rangitane.

I am so proud to stand today, to speak to the Preamble of this very significant piece of legislation.

And I cannot help but be taken back to 1997, to think of the courage and the vision of eight iwi from the top of the South, Te Tau Ihu, who went before the Maori Land Court to seek clarification that the foreshore and seabed within the Marlborough Sounds is Maori customary land as defined in the Act.

And I remember that historic ruling by Judge Heta Hingston, that the Maori Land Court does have jurisdiction to consider whether foreshore and seabed is Maori customary land.

Today we can be proud that we have come full circle.

It is a history which has taken many dramatic turns. Following Judge Hingston’s ruling, the decision was appealed to the Maori Appellate Court by the Crown and certain other parties.

And as the Preamble makes clear, in June 2003, another twist appeared, when the Court of Appeal held that the Maori Land Court did indeed have jurisdiction to determine claims of customary ownership.

Enter, stage left, the Labour Party led by Margaret Wilson and Helen Clark, as they moved in rapid fashion to thrust the 2004 Foreshore and Seabed Act on the nation.

We totally endorse the opening comments in the Preamble which establish the history we all know – the 2004 Act, the condemnation of the Waitangi Tribunal, the United Nations Committee on the Elimination of Racial Discrimination and the special visit of the United Nations Special Rapporteur, Rodolfo Stavenhagen.

The 2004 Act removed the long-held common law right of Maori to seek customary title in the High Court.

The 2004 Act extinguished customary title – no whanau, hapu or iwi could seek customary title.

The 2004 Act did not make provision for traditional practices or recognise the evolving nature of customary rights.

The findings from the Committee on the Elimination of Racial Discrimination that the legislation contained 'discriminatory aspects against the Maori, in particular in its extinguishment of the possibility of establishing Maori customary title over the foreshore and seabed' was an indictment on the Labour Government – and has provided a key source of concern for tangata whenua for seven long years.

And so today, we welcome a new approach, an approach which takes account of the intrinsic, inherited rights of iwi, hapu and whanau, derived in accordance with tikanga, and based on their connections with the foreshore and seabed, and on the principle of manaakitanga.

This key statement in paragraph 4 of the Preamble says so much.

And it bears some further explanation.

The 2004 Act did not incorporate tikanga in its tests. This Takutai Moana Bill incorporates tikanga as a key element in the test for customary title and allows for differences in tikanga from group to group.

The 2004 Act extinguished customary title – no whanau, hapu or iwi could seek customary title. The Bill restores the ability for customary title to be recognised and in a way which honours the intrinsic, inherited rights of iwi, hapu and whanau.

I want to also draw attention to the concept of manaakitanga which the Maori Party is very proud of introducing in this Bill. The inclusion of manaakitanga as an example of tikanga which this Bill is most concerned with extending protection to is a very significant achievement of this Bill.

The only other legislation in which the concept of manaakitanga features in is the CNI Settlement Act 2008 (Central North Islands Forests Land Collective Settlement) Act and the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010.

So we are pleased with the important progress that has been achieved with this legislation, and in particular at this part – the Preamble - which recognises and provides for the interests of whanau, hapu and iwi; and which gives credence to the principles of manaakitanga.

But it does must more – it recognises the mana tuku iho of whanau in relation to the takutai moana.

It recognises the right to participate in conservation processes.

It provides greater certainty for iwi, hapu and whanau.

The Bill restores the ability of Maori to seek customary property rights in the High Court; and most important of all – it honours the agreement we have made with our people – to repeal the 2004 Act.

This Bill is in the House on our initiative. Make no bones. This is a Maori Party Bill.

We have delivered on our word to our members – and we are pleased to stand here in support.

ENDS

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