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Speech: Ngati Whatua Orakei Claims Settlement Bill

NGATI WHATUA ORAKEI CLAIMS SETTLEMENT BILL ; First Readings ; Thursday 8 March 2012 ; 7.30pm ;

Hon TARIANA TURIA (Minister for Whānau Ora)) on behalf of the Minister for Treaty of Waitangi Negotiations:

I move, That the Ngāti Manuhiri Claims Settlement Bill and the Ngāti Whātua Orākei Claims Settlement Bill be now read a first time.

E ngā uri o Tuperiri, e ngā kanohi maha o Tāōū, o Ngāoho o, Te Uringutu, nā, e Ngāti Whatua o Orakei whānui, nau mai ki roto o Paremata. ; Ki a koutou ngā whakaheke o Maki-nui rāua ko Rotu, nō raro i te maru o Tamahunga, nō ngā pari o te Moana o Toi. Ngāti Manuhiri, hau mai, hau mai, hau mai rā. ; E aku rau rangatira mā, tēnā koutou. ;


At the appropriate time I intend to move that the bills be considered by the Māori Affairs Committee.

Firstly, I would like to extend a very warm welcome to the representatives of Ngāti Whātua Orākei and Ngāti Manuhiri who are here today for this highly significant occasion. Ngā mihi nui ki a koutou .

This is an important day for Ngāti Manuhiri and Ngāti Whātua Orākei, where we acknowledge their historical Treaty grievances. It is a time to grieve and reflect, to acknowledge the harm done and the hurt endured, and to take a step forward to create a new future that is branded with optimism.

The two bills being introduced here today are a monumental step towards the completion of a journey that has taken many years for both iwi. They are about mending a broken relationship and agreeing to a better future for all.

One of the unique features of the Ngāti Whātua Deed of Settlement is that its historical account begins with the two texts of Te Tiriti o Waitangi, the Treaty of Waitangi. It was actually at the specific request of the late Sir Hugh Kāwharu and was part of the 2006 Agreement in Principle. It is a very important statement of the reverence with which Ngāti Whātua has always accorded the Treaty.

The imprint of the late Sir Hugh Kāwharu is marked forever as we remember the substantial contribution he made towards guiding the nation towards a reasoned discussion on past injustices and hopes for the future.

It used to be said of the Treaty that while Māori never forgot, non-Māori never knew. The settlements we introduce today provide us all with a new opportunity to re-examine our colonial history and to move onwards with mutual respect and understanding.

While it is not possible to provide full restitution to Ngāti Manuhiri and Ngāti Whātua Orākei for their losses, the settlement redress provided for in these bills seeks to recognise the seriousness of their grievances and build a positive foundation for future generations of their iwi.

It is impossible to do justice to the journey that has been travelled by Ngāti Manuhiri and Ngāti Whātua Orākei in the limited time constraints of the debate. Whether through a historical, a cultural, or a geographic lens, the extent of both settlements is immense.

Ngāti Manuhiri are based in the Mahurangi region on the east coast to the north of Auckland. Ngāti Manuhiri were represented in negotiations by Manuhiri Ōmaha Kaitiakitanga Ora Trust and a part of the Te Kawerau people through their descent from their ancestor Maki. They are also closely affiliated to Ngāti Wai of Whangarei and are also represented on the Ngāti Wai Trust Board, the iwi of the Rt Hon Winston Peters.

The Ngāti Manuhiri rohe extends from Whangaparaoa Peninsula in the south to Bream Tail in the north and includes Te Hauturu-o-Toi, Little Barrier Island, off the east coast.

The Ngāti Manuhiri Claims Settlement Bill recognises their historical grievances and provides for their resolution. These grievances relate to the 1841 Crown purchase of the large Mahurangi and Ōmaha Block without the knowledge or consent of Ngāti Manuhiri, the punishment of their chief by pressuring him to cede his ancestral interests in his lands, the operation of the Native Land Court from 1865, the Crown’s misuse of monopoly powers when purchasing Te Hauturu-o-Toi, Little Barrier Island, and the subsequent eviction of those Ngāti Manuhiri who were resident there, and the Crown’s failure to ensure that they retained sufficient means such that they were rendered virtually landless by 1900.

This had long-term social and economic consequences for Ngāti Manuhiri. They lodged their first claim with the Waitangi Tribunal in 1989. Other claims were then lodged, particularly in regard to the Crown’s acquisition at Te Hauturu-o-Toi, Little Barrier Island. In 2001 Ngāti Manuhiri participated in the Waitangi Tribunal’s Kaipara inquiry over the Crown’s purchase of the Mangawhai Block. Eight years later in 2009 they entered into negotiations with the Crown as part of the Crown’s settlement initiative in Tāmaki-makau-rau . Ngāti Manuhiri and the Crown then signed a deed of settlement on 21 May 2011.

I turn now to the settlement for Ngāti Whātua Orākei, represented in negotiations by Ngāti Whātua o Ōrākei Māori Trust Board . They are part of the wider Ngāti Whātua confederation and are based at Tāmaki-makau-rau, or Auckland. Their marae of Ōrākei stands overlooking the Waitematā Harbour. They are also a member of Ngā Mana Whenua o Tāmaki-makau-rau, whose collective negotiations are nearing completion. Ngāti Whātua Orākei are also represented with other groups on the Te Rūnanga o Ngāti Whātua.

The primary area of interest or rohe of Ngāti Whātua Orākei extends through the Tamaki isthmus on the North Shore and into the upper Waitematā Harbour and west Auckland.

Their bill recognises and addresses their historical grievances, which include the alienation of lands in central Auckland and the North Shore through Crown purchases without the provision of an adequate endowment of land for the future use of Ngāti Whātua Orākei, the Crown’s failure to protect pā and urupā sites from those transactions, including One Tree Hill, Maungakiekie , the Crown’s failure to implement protective guarantees for Māori during the pre-emption waiver period of 1844 to 1845, which involved a significant amount of Ngāti Whātua lands, and the Crown’s taking of surplus lands from disallowed pre-emption waiver purchases.

Ngāti Whātua Orākei often describe themselves as a loyal iwi. After they signed the Treaty of Waitangi on 20 March 1840, their chiefs worked hard to build and strengthen their relationship with the Crown. They welcomed Governor Hobson to Tāmaki-makau-rau and made land available for the new capital of Auckland.

Yet despite the overwhelming expression of manaakitanga , Ngāti Whātua Orākei were rendered virtually landless in the two decades that followed the signing of the Treaty, and in this the Crown failed them.

The road to settlement has been a long one. Few here today will ever forget the impact of the occupation of Takaparawhau. Ngāti Whātua led the nationally significant occupation and protest at Bastion Point for 506 days between 1977 and 1978. Their claim over the alienation of the 700-acre Ōrākei Block reserve was one of the first of the historical claims to be heard by the Waitangi Tribunal. It was reported on in 1987 and the 1991 Orakei Act settled it. Then, in 1993, Ngāti Whātua Orākei reached an on-account settlement with the Crown regarding their claims in respect of surplus railway lands in the Auckland region. ;

Further negotiations with the Crown took place between 2003 and 2006 when an Agreement in Principle was signed. Negotiations were then suspended in light of the Waitangi Tribunal’s 2007 'Tāmaki-makau-rau Settlement Process Report'. As a result of that report and the impressive leadership of Ngāti Whātua Ōrākei, a new approach was taken to negotiation in the region. Ngāti Whātua Ōrākei signed a deed of settlement with the Crown on 5 November 2011.

Both bills will give effect to the undertakings by the Crown in the Ngāti Whātua Ōrākei and the Ngāti Manuhiri deeds of settlement. I consider that the bills should therefore proceed without delay to the Māori Affairs Committee. I commend these bills to the House.


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