Appropriations (2005/06 Financial Review) Bill
Tuesday 13 March 2007: Ministry of Justice
Dr Pita Sharples; Co-leader of the Maori Party (8.30pm)

Mr Chairman, the appropriations debate is the prime opportunity to remind this House of the constitutional role prescribed in Westminster-based parliamentary systems, by which the Crown may tax, borrow or spend only as authorised by Parliament.

And what could possibly be of more constitutional importance than the administration of due justice?

Mr Chair, we turn today, to the Ministry of Justice, and in particular the review of the Waitangi Tribunal.

Twenty years ago in 1987, history was made in the Court of Appeal when in the case of NZ Maori Council vs Attorney General, it found that; and I quote:

“The duty of the Crown is not merely passive but extends to activate protection of Maori people in the use of their lands and waters to the fullest extent practicable”

In reviewing progress towards the duty to activate protection, the Justice and Electoral Select Committee looked critically at the Ministry of Justice’s key objectives for 2005/06 to strengthen the relationship between Crown and Maori.

And so it should. To get a sense of how well it has done, one only has to turn last week to the five yearly report of the Human Rights Commission, reviewing progress in race relations.

And what does that report say the key challenge for future years should be - to strengthen the relationship between Crown and Maori – exactly what the Ministry of Justice intended to do, but failed abysmally.

In particular we, the Maori Party, know that ever since the settlement process began, claimants and lawyers have been expressing grave concerns about the process itself, the terms of settlement, the amount set aside for settlement, and the agency charged with managing settlements.

Those concerns have come from nearly all claimants and their lawyers, from all parts of the country.

And indeed, even the Justice and Electoral Committee pointed out:

 They were concerned that a number of reports are still taking a long time to complete, including Te Tau Ihu (WAI 785) – the hearings which took four years to complete. No report.

 The committee went further and declared that some Waitangi Tribunal hearings and reports are still taking too long to complete.

Tribunal hearings are often long and costly affairs. Iwi have also told us, that because of the lengthy nature of Tribunal hearings, and the fact that their rulings have no value, claimant groups are being pressured into direct negotiations with the Crown.

But it gets worse. Last Monday, Cabinet noted, in their infinite wisdom, that, and I quote, “there is not currently a process for ensuring relevant Ministers are advised when Landcorp properties are being considered for sale”.

Then to make matters worse, by the end of the week, Labour had announced that everything was going in to the mix – that landbanking, Section 27b Memorials, protection mechanisms were all going to be put up for scrutiny. In other words, everything is a mess, and – it’s not just the policy wheels falling off.

For we know that all is not well in the Labour camp , with the Maori Caucus referring issues to the Minister who knows Everything, and a great yawning chasm is opening up between the Maori Caucus and the Ministers in the know.

Mr Chairman, if this Government can’t even brief its own Maori members, what chance do whanau, hapu and iwi have?

The Select Committee report, rather weakly, recommended that the Ministry will improve on its satisfactory ratings in the near future.

Well the Maori Party isn’t satisfied with that.

We can not sit by and idly watch the Crown settle claims at about 2% of the real value of claims; forcing Maori to accept far less than their claims are worth. Yet we do not see the same standards being applied to high country farm leases when those settlements occur. One law for all – yeah right.

But we also know that signing off on unfair settlements means that we sabotage the futures of our up and coming generations, by getting them to finish what we could not do.

Under these circumstances then, we believe it is time for us all to reflect on the settlement process and to urgently review the terms, the quantum, and the agency managing Treaty settlements.

The Government’s crisis call to put a halt to the sale of all properties owned by Government departments and agencies has made this financial review an urgency.

If the hearings and reports take too long and are too costly; if one branch of Government doesn’t advise the other; if one faction of Government won’t consult its own members – how can any one have any confidence in that Minister or the Ministry of Justice?

In light of all these fatal flaws; the Maori Party is calling for a total review of the treaty settlement process - a call for justice that we trust will be heard.

ENDS

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