Hon Christopher Finlayson

Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) : In its journey from Lake Taupō to the sea, the mighty Waikato River flows through the heartland of Waikato-Tainui and the iwi who have agreed to participate in its co-governance. The relationship of the iwi with the river lies at the heart of their spiritual and physical well-being and their identity. To Waikato-Tainui the river is a tupuna that has mana.

As New Zealand’s longest river, the Waikato River is an important natural feature in our country, as well as being a resource of strategic importance. Its importance as a resource is marked by the fact that there are more than 470 resource consents affecting it, which take from it nearly 250.6 million cubic metres of surface water per day, enough to fill around 100,000 Olympic-sized swimming pools. There are over 80 point-source discharges discharging directly into the river on the main stem, and approximately 1,600 discharges to its tributaries. The river supplies around 13 percent of New Zealand’s electricity generation, and, from within its catchment area, approximately one-fifth of New Zealand’s exports and more than 10 percent of our GDP. The river flows through some of the most intensively used and modified rural areas in our country.

Today, the river is degraded and badly polluted. Approximately 90 percent of its wetlands are gone. Bacteria levels downstream from Hamilton are often unsafe for swimming. Levels of arsenic in the river almost never meet safe health standards. In the lower river, levels of nitrogen and phosphorous fail to meet ecological standards, and water clarity fails to meet the recreational standard. This settlement establishes vital initiatives focused on restoring and protecting the health and well-being of the Waikato River. These initiatives include a $210 million clean-up fund. Without question, these initiatives befit the deep significance of the river to Waikato-Tainui and the iwi whose rohe it flows through. Indeed, these initiatives befit the strategic importance of the Waikato River to the social, cultural, environmental, and economic well-being of all New Zealanders.

In the bygone era of the 19th century, Waikato-Tainui enjoyed a golden age of peace and prosperity. Large areas of the Waikato were cultivated for wheat, potatoes, maize, and kumara. Several flour mills were established. Waikato-Tainui were among the first to trade in value-added exports, with ships taking flour to Australia. Waikato Māori even established their own trading bank, but peace and prosperity were to be short-lived. The huge pressure for land for rapidly growing numbers of settlers led to the formation of the Kīngitanga in 1858. Its purpose was to place tribal lands under the protection and mana of the king as a guarantee against sale. With this head-on clash of aspirations Crown forces invaded in 1863—1.2 million acres were seized. With the valuable Waikato territory now held by the Crown, land was quickly allocated to settlers. In 1995 it was estimated that the true value of the land loss was around $12 billion. The Crown’s invasion was found to be wrong and completely unjustified. It is now acknowledged that Waikato Māori never rebelled; they merely defended hearth and home against an unlawful invasion. When the Crown’s military forces crossed the Mangatawhiri River in July 1863, they proceeded by land and by river. The loss of both was a double blow for Waikato Tainui. It denied the iwi their rights and interests in the river and their mana over it.

The failure of the Crown to respect, provide for, and protect the special relationship of Waikato-Tainui with the river has been a source of distress for the people of Waikato-Tainui for many years, as has the pollution, degradation, and extensive detrimental modification of its environs and wetlands. The 1995 settlement did not deal with the tribe’s claim in relation to the river. This bill settles the river claim. One of the significant aspects of the settlement is the new relationship between the Crown and the Kīngitanga. It is a mark of our maturity as a people and as a nation that we have come so far in a little less than 160 years. At the third reading in 1995 of the Waikato Raupatu Claims Settlement Bill, the then Minister of Māori Affairs, the Hon John Luxton, said: “The future that we all have to live is a common road forward from here. We need to learn more about each other on the way. … We are never able to turn back the clock, but we can find ways to make amends for grievances. … It is only right that … we should find opportunities to let those grievances go, and to seek by resolution to give hope for our children and grandchildren.”

So the time has arrived to usher in a new era based on optimism for the future rather than despair for the past. Today, as we usher in a new era of co-governance over the river, we acknowledge our common road forward. New relationships arising from the settlement will lead to greater understanding and learning. The settlement embraces a real opportunity to let grievances go, by demonstrating respect for te mana o te awa and acknowledging manawhakahaere in a tangible way. This is very much a settlement based on optimism for the future and a real sense of hope for generations to come.

The settlement is the culmination of the dedicated and determined efforts of many. I will acknowledge some of them in this House this afternoon. The claim was lodged by the late Sir Robert Māhuta, whose foresight and drive inspired many, especially the young members of the Waikato-Tainui claims team. Sir Robert’s mission was carried on so ably and with such courage and determination by Lady Raihā Māhuta, who sadly has not lived to see this day. I acknowledge the presence in the House of Mr Tuku Morgan, who has always been future-focused and forthright in his engagements with the Crown. His tireless contribution to negotiating the settlement on behalf of his people had a major influence on the outcome. I acknowledge the work of my predecessor, Dr Michael Cullen. I acknowledge the Hon Parekura Horomia, who apparently is too self-effacing and shy to acknowledge himself. I acknowledge the Hon Mita Ririnui. I also acknowledge Peter Buckley and his team at Environment Waikato. They have made a very, very positive contribution. I especially acknowledge Brian Roche, the Crown negotiator, and the officials who have worked so hard on this matter over so many months. There is much detail in the bill, which members can read for themselves, and the detail has been covered in the Committee of the whole House.

In conclusion, I say that in 1995, when the Waikato Raupatu Claims Settlement Bill was being read in this House a third time, the Rt Hon Jim Bolger observed that the occasions that made the frustrations of politics worthwhile were relatively few. He said: “This is one such occasion, in which we move beyond the bickering and the point scoring to the substance of the work that this Parliament and parliamentarians are charged with.” Today I think we can all feel a similar sense of satisfaction, and of the worthiness of what we, as politicians, can achieve by working constructively and in good faith with iwi. This is a time to be proud; it is a time to look forward with great optimism.