General Debate : Wednesday 21 September 2010 Rahui Katene, MP for Te Tai Tonga

Tēnā koe e te mana kōrero, tēnā tātou o te Whare Miere. Tuatahi, he mihi ki a Jim Nicholls rāua ko Tā Archie Taiaroa. Moe mai rā kōrua.

It seems appropriate today, as the nation mourns the loss of Sir Archie Taiaroa, to acknowledge his distinctive legacy in some of the fundamental issues impacting on tangata whenua.

At midday the Land and Water Forum presented its report – a report which demonstrated that water is regarded as a taonga of paramount importance. Throughout the report, we are acutely aware of the obligation of iwi to be responsible for the wellbeing of the landscape including our water and waterways.

We think of the pivotal role that Sir Archie has played in the Whanganui River Claim – upholding the mana of te awa tupua as an essential expression of the people.

Sir Archie was a leading figure in Maoridom; a statesman in this nation; and an influential ambassador for tangata whenua both at home and across the world.

We honour him today – and we pay tribute to the guidance and leadership he gave to this Parliament, and to this Government, particularly through the relationship with the iwi leadership group.

It is absolutely right that we pay homage to him, as we turn to the Marine and Coastal Area (TakuTai Moana) Bill.

And I want to place on record the utter appreciation and admiration of the Maori Party for the leadership expressed by whanau, hapu and iwi in the development process leading up to this Bill.

On the front page of this Bill, there is a statement which states that the Bill recognises the mana tuku iho of iwi and hapu, as tangata whenua over the foreshore and seabed of New Zealand.

It states further, that the Bill contributes to the continuing exercise of that mana by giving legal recognition, protection and expression to the customary interests of Maori in the area.

These are critical words - and they represent the advice and the strategic wisdom of our finest iwi leadership.

The Maori Party went into the process of seeking repeal of the 2004 Act, with a clear intent in mind – and that was to ensure the door was open to enable hapu and iwi to be at the table with the Crown.

Our focus was first and foremost, to legally restore the rights that the 2004 Act ostensibly extinguished, as if the Act had never been passed.

We did that – but in the process we have been able to achieve so much more than we ever anticipated.

We see the critical role that tikanga plays in any application that may be made before the Court. Clause 97 of the bill will allow the High Court to refer questions of tikanga to the Māori Appellate Court or to obtain the opinion of a court expert on the question – this is a distinctively indigenous solution.

Another significant feature of the Bill is the introduction of the shared burden of proof.

The Court of Appeal, in the Ngati Apa case, challenged Parliament to recognise that “the onus of proving extinguishment lies on the Crown and the … purpose must be clear and plain”. In this Bill, specifically clause 105, the Crown’s responsibility is made explicit – another distinguishing feature of the Bill.

I want to just make some remarks about the role of the Maori Party in getting this Bill up. We are quite clear - the Maori Party does not own takutai moana, it is not for us to settle this issue. The ultimate goal of Maori is to have mana and tikanga in the takutai moana duly recognised in the law.

Putting it another way, recognition of customary rights is a matter between the Treaty partners – tangata whenua and the Crown. This Bill creates a pathway for negotiations – it does not resolve the issue of customary rights, but it opens up a door that was slammed shut in 2004.

We have been privileged, throughout this process, to learn from the leadership of iwi for the benefit of all New Zealanders.

It was iwi leadership which advocated for non-nationalised minerals to be removed from Crown ownership; and it was our whanau, hapu and iwi that insisted that mana be recognised as enduring, inalienable and including the right to development.

The Bill achieves two key things – it repeals Crown ownership of takutai moana, and gives iwi the right to take claims for custom to Court. It simply restores the rights of tangata whenua to argue their case. That is the challenge before us now – to ensure that the Maori Affairs Select Committee is the place in which all the korero is had; and where the negotiating points are debated.

We urge all New Zealanders to contribute to this debate; and in doing so, to truly give value to the intrinsic value of the marine and coastal area for every person in this land.

ENDS

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