First Reading Marine and Coastal Area (Takutai Moana) Bill Hon Tariana Turia, Co-leader of the Maori Party Wednesday 15 September 2010; 4pm Tena koe Mr Speaker, tena tatou katoa.

I move, that the Marine and Coastal Area (Takutai Moana) Bill be now read a first time.

At the appropriate time, I intend to move that the Marine and Coastal Area (Takutai Moana) Bill be referred to the Maori Affairs Select Committee for consideration, and • that the committee report to the House on or before 25 February 2011; • that the committee have the authority to meet at any time while the House is sitting, (except during oral questions), • and during any evening on a day on which there has been a sitting of the House, • and on a Friday in a week in which there has been a sitting of the House, despite Standing Orders 187 and 190(1)(b) and (c).

This bill will repeal the Foreshore and Seabed Act 2004.

As I utter those words, I remember the maiden speech that I delivered when I first entered Parliament on 26 February 1997. I said then,

“We must exercise the legitimacy that we never gave up. There is a desperate need for us to get this relationship right. No nation divided against itself can stand”.

Today, it is time to repair the relationship and restore the spirit of nationhood in this country.

None of us will easily forget the anguish of extinguishment, epitomized by the 2004 legislation. That Act purported to extinguish any existing Maori customary title to the foreshore and seabed held by Maori.

In early 2004 the Waitangi Tribunal concluded that in choosing to legislate, the Crown had seriously breached the principles of the Treaty of Waitangi by failing to respect tino rangatiratanga and the good faith obligations of partnership.

It had failed to demonstrate active protection of mana whenua in the use of their lands and waters; expropriated Maori property; denied our people the option to pursue due process under the law, and had created grave injustice without either consent or compensation.

The rest is all history; a history marred by grief, anger and conflict.

Introduction of the 2004 Bill led to the largest mass collective action since the Maori Land March in 1975, and culminated in a hikoi to Parliament by an estimated 40,000 people.

The select committee established to receive the Bill was flooded by close to 4000 submissions, approximately 94% of them in opposition.

The concerns were passionately expressed – that the Crown had no right to alienate the foreshore and seabed; and the Parliament was out of order in denying Maori the right to pursue claims through the Courts.

But there was also a willingness to begin again. Te Hunga Roia Maori o Aotearoa – the Maori Law Society – told the Ministerial Review Panel and I quote:

“A government that has the courage to enter into discussions is likely to find that genuine and enduring solutions are available with a little creativity and a commitment to achieving justice”.

As part of the 2008 post-election discussions the National Party and the Maori Party agreed to a review of the Foreshore and Seabed Act.

The review was completed in 2009 and its findings studied at length. A consultation document was published earlier this year and included options for further progress. In a process led by the Attorney-General, the Honourable Chris Finlayson, this document was then subject to twenty consultation meetings in halls and marae throughout the country.

I want to acknowledge the broad vision of the Attorney-General and his consistent energy and enthusiasm for setting a wrong right.

He – and we also – have appreciated the generosity of so many whanau, hapu and iwi who have entered into the debate with characteristic passion and commitment – a commitment to the future for their mokopuna; our mokopuna; a commitment to the future of this nation.

And I want to particularly mention nga hapu o Ngati Porou, who demonstrated such largesse in being prepared to hold up their own claim for the interests of the collective. It was an absolute manifestation of whakaaro rangatira.

When Ngati Apa asked the Maori Land Court – and subsequently the Court of Appeal - to recognise their interests and rights in the foreshore and seabed in their rohe they advanced a debate that had been held among tangata whenua for generations.

But what has also been clear, throughout the debate, is the widespread acknowledgment by New Zealanders that tangata whenua have extremely valid arguments for the recognition of customary interests and rights in the marine coastal area.

This Bill creates a new regime that recognises and provides for the legitimate association of whanau, hapu and iwi with the common marine coastal area while ensuring the interests and rights of all other New Zealanders in this area are also recognised and protected.

The Preamble acknowledges the intrinsic, inherited rights of whanau, hapu and iwi, derived in accordance with tikanga and based on their connection with the foreshore and seabed.

In doing so, it responds to the call from many who simply asked for recognition of their ancestral connection to the coastline.

The Mana Tuku Iho provision is an acknowledgement of ancestral connections. It allows whanau, hapu and iwi to take part in the statutory conservation processes within the common coastal marine area including the establishment of marine reserves and conservation areas and the management of stranded whales. In most respects it will formalise existing practice.

The bill sets out a process by which customary rights that were exercised by iwi and hapu in 1840 and continue to be exercised today in accordance with tikanga Maori will be recognised and the future exercise of such rights can be protected.

The Bill also provides for the right to seek customary title to a specific part of the common coastal marine area if that area has been used and occupied by a group according to tikanga and to the exclusion of others without substantial interruption from 1840 to the present day.

Once granted such titles will have a number of associated rights; including the right to: • permit applications under the Resource Management Act; • permit conservation activity, • protect wahi tapu, or to • take up the ownership of non-Crown minerals

Under the Bill, customary rights and customary title can be achieved in two ways – by application to the High Court or by agreement, in direct discussions with the Crown.

This is the “day in court” sought by Ngati Apa and other iwi.

A right of public access to the marine coastal area is also a vital part of this bill.

The irony is of course, that whanau, hapu and iwi have always been willing to share with other New Zealanders – it is the essence of the indigenous heart. Denial of access was never an issue.

I want to say, the Maori Party thought long and hard about this bill.

As a political movement, we represent a vast range of perspectives all along the social continuum.

We will argue to the wire for a way for tangata whenua to engage with the Crown in accordance with Treaty principles of cooperation, goodwill and the utmost good faith.

And in that respect I mihi to the iwi leaders – and to their advisors - for their tough and rigorous engagement with the Government; and for their vision in seeing what these proposals might achieve both for iwi, and all of Aotearoa.

It is their right to assert the rangatiranga of whanau, hapu and iwi and I honour them all for their dedication on behalf of all those whom they represent. E ngā whatukura, e ngā māreikura, e ngā ūpoko o te iwi Māori, tēnā koutou.

There will always be those who criticise us – and we accept that. The reality is that five votes out of 122 will never a majority make.

But if we are to uphold our word to our people, we must be able to make progress – and to see it. What would be the benefit to our constituency if our energy was consumed with being oppositional, rather than seeking progress, incremental as it may be?

This bill is but a small step along the way – but it is a step forward. It may be that one day, our mokopuna conclude it has not gone far enough and they may return to this House – in a time when the numbers will enable a different story to be told and a different outcome achieved.

But at this time, I am proud that we have done what we promised. In fact we believe we have achieved more than we promised; namely to seek repeal and access to the Courts – and the Act sets out pathways for that to happen.

Ultimately, it is for tangata whenua to say how their mana and tikanga will operate – our role is to open the door- and to insist that the Crown deal with tangata whenua in accordance with the Treaty principles of honour, with integrity and good faith.

Finally, I stand here today – to pay tribute those who have walked this journey with us – it was vital for us, to keep faith with the people.

We acknowledge the tears shed; the heat of the debate; the pain of conflict and division throughout this beautiful land which we all love.

Let the legacy of this last decade be a watershed moment in our history moving onwards.

Na reira, tena tatou katoa.

I commend this bill to the House.

ENDS

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