Trans-Tasman Proceedings Bill Third Reading, Wednesday 25th August 2010

Tēnā koe, Mr Assistant Speaker. Kia ora tātau. Mōrena ki a tātau i tēnei ata. I thought it would be appropriate to provide the Māori Party perspective on this particular bill and say from the outset that we are supportive of its intent. My job is to raise a couple of the issues that were raised through the submissions provided and give some overview from our perspective.

The passage of people across the Tasman is a phenomenon that appears to have also included Māori in its wake. In 2006 a report, namely Māori in Australia: Ngā Māori i Te Ao Moemoeā predicted that between 115,000 and 125,000 Māori are living in Australia.

We in the Māori Party have been over to Australia, asked by whānau members here actually to make contact, and we can see the full extent of the challenges our people face in trying to maintain Māori cultural practices and nurturing their sense of Māori identity in Ahitereiria, te whenua moemoeā. Despite valiant best attempts and efforts of whānau to bring loved ones home, it is fair to conclude that there will continue to be a significant number of Māori who call Australia their home away from home. This bill recognises, therefore, that there has been a significant increase in the number of people, assets, and services between New Zealand and Australia. Almost 450,000 New Zealanders live in Australia and I am told that about 60,000 Australians live in New Zealand.

Given the fact that Māori have been attracted across the ditch to Te Ao Moemoeā, it was somewhat of a surprise that there were no submissions whatsoever from iwi during the select committee process. Mind you, the Justice and Electoral Committee received a grand total of only three submissions, I am told, from interested groups and individuals. However, one person by the name of Siaosi Tofi raised the concern that the bill will affect Māori interests and unfairly disadvantage Māori.

Siaosi asked that the select committee investigate properly the potential effect of this bill on Māori and its implications. In particular, the submitter was concerned that Australian judges might decide civil disputes concerning Māori land or cultural and intellectual property.

The impact of the United Nations Declaration on the Rights of Indigenous Peoples was also mentioned. As members will be aware, the New Zealand Government has recently expressed its support to the Declaration on the Rights of Indigenous Peoples, and the Australian Government expressed its support for it in April 2009. The question that Siaosi Tofi asked was: “Might there be a situation where the trans tasman agreement and this bill come into direct conflict with the UN declaration on the rights of indigenous peoples to which NZ is a signatory?”

The Ministry of Justice, I am pleased to say, addressed the concerns raised by Siaosi. Clause 24 of bill and section 19 of the Australian Act adopt a common forum or give-way rule, as between Australia and New Zealand. This should ensure that where the New Zealand court is more appropriate to determine a proceeding, that proceeding will be heard here and not in Australia. This will assist New Zealand – based litigants, including Māori. Although the range of enforceable Australian judgements is being expanded, this will not have an adverse effect on the issue of Māori land. Nevertheless, despite the submission of Siaosi Tofi, this bill is primarily focused on the challenges posed by trans-Tasman trade relationships.

The level of investment in goods and service brings a greater number of disputes involving individuals or businesses with a cross-border element. This bill aims, therefore, for dispute resolution processes that are cheaper, more efficient, and less complicated. So this bill is supposedly intended to deliver tangible benefits to individuals and businesses in New Zealand and Ahitereiria. We therefore support it here at its third reading.

ENDS

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