Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations) : I move, That the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Bill be now read a third time. The presence in the gallery of people representing those iwi to witness the third reading of this bill is testimony to the bill’s significance, to the significance of the Waikato River to these iwi, and not least of all to the contribution iwi will make to the co-governance and co-management of the Waikato River.
The overarching purpose of this bill is to restore and protect the health and well-being of the river for present and future generations. The bill complements the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and provides for Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi to participate in co-management arrangements that recognise their enduring association with the upper Waikato River.
The recognition of the vision and strategy for the river and the establishment of the Waikato River Authority and the Waikato River Clean-Up Trust are provided for in the bill and in the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, having been agreed in the deed of settlement between Waikato-Tainui and the Crown. The bill now makes this link clear. You may be interested as the local member, Mr Deputy Speaker, that Waikato means “flowing water”. Given that the waters of the upper Waikato River flow into the lower parts of the river on their way to the sea, it is appropriate that this linkage is made.
Under the deed signed with the iwi, there will be a review of these arrangements in 5 years’ time. The review will be informed by effectiveness monitoring and reporting undertaken by the Waikato River Authority, and it provides an opportunity to ensure that the membership of the authority is structured in the best way possible. This review is also provided for in the Waikato-Tainui deed and the recently signed Maniapoto deed.
At the Committee stage of the bill, the Hon Nanaia Mahuta asked whether elected members of the iwi trusts who are appointed by their trusts to be members of the authority would cease to be members of the authority if, before their term expired, they were not re-elected to their trust. In this situation their term of membership of the authority will continue until it expires. In this regard, the bill reflects the arrangements requested by each iwi and agreed to in their deeds. This is no different from the position of any other member of the authority who, before their term has expired, may find themselves in changed circumstances in relation to their appointer. If this matter causes any issue over time, it can be reassessed when the arrangements come up for review.
In relation to the joint management agreements, there is provision in the bill for the Raukawa joint management agreements to include matters relating to the upper Waipā River. This was, again, something the Hon Nanaia Mahuta raised during the Committee stage of the bill, and I want to be clear about what that means. The decision to include the upper Waipā River within the overall co-governance framework was for the Crown and Maniapoto to make, given the pre-eminent nature of Maniapoto’s interests in this area, and recently Maniapoto and the Crown agreed to do this. Raukawa has interests including marae in the Wharepūhunga area within the catchment of the upper Waipā River. The bill ensures that with the recent inclusion of the upper Waipā River in the framework, Raukawa joint management agreements with the relevant local authorities can cover matters relating to their particular interests. This provision is confined to Raukawa interests and does not enable Raukawa joint management agreements to cover any matters relating to the extensive Maniapoto interests within the catchment of the upper Waipā River. I am advised that Maniapoto and Raukawa have already discussed these issues and how they will manage them, and I think that is a very good way forward.
With the passage of this bill, the earlier enactment of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010, and, soon, the introduction of a Maniapoto bill for the Waipā River, a comprehensive co-governance framework will be in place for this vitally important river system. The main features of the framework in the bill include a single co-governance entity, the Waikato River Authority, with five Crown-appointed members, including two nominated by local authorities, and an equal number of members appointed by the Waikato River and Waipā River iwi—10 members in all.
There is a single vision and strategy setting the direction for the management of both rivers. It is incorporated in the Waikato Regional Policy Statement, and the bill contains robust provisions for community involvement when it is reviewed. Joint management agreements provide for iwi to be involved in the development of the regional policy statement and regional and district plans. These arrangements are backed by a significant contestable clean-up fund. The framework reflects the aspirations of iwi to have a meaningful role in influencing policies relating to the river, not just as another group within the community, but in a way that is consistent with their mana whenua status and their relationship with the Crown under the Treaty.
The arrangements reflect iwi aspirations to share in managing the Waikato River in a way that sits well with their concepts of kaitiakitanga and manawhakahaere. The economic and social structures around the Waikato River and within its catchment are complex, long established, and very important to this country. The river and its catchment are characterised by a multiplicity of interests—private, public, iwi, central government, and local government—with the need to recognise a wide range of community needs related to things like access, ownership, use, and extraction. Eleven territorial authorities have discretion over plans and consent processes that affect the river and its catchment, and some 20 Acts of Parliament are identified in the bill as immediately relevant to the river. This complexity has meant it has been essential to get the model right. I am indebted not only to the pragmatic approach taken by iwi representatives but in particular to the panel led by Evan Williams, who provided sage, well-considered advice that allowed us to refine and improve the framework to get the arrangements set out in the bill. I believe that these arrangements will achieve their purpose very well.
Today as we usher in a new era of co-governance over the Waikato River, we acknowledge our common road forward. The time has arrived to put aside the shortcomings of the past and to usher in a new era based on inclusiveness and shared aspirations. This bill and the deeds on which it is based are the culmination of the dedicated and determined efforts of many. On behalf of the Tūwharetoa Māori Trust Board, Sir Tumu te Heuheu, Timi te Heuheu, Te Kanawa Pitiroi, and the board’s secretary, Rākeipoho Taiaroa, have provided wise and constructive counsel along the way. Ngāti Tūwharetoa has been so ably represented throughout these negotiations by Dean Stebbing. For the Raukawa Settlement Trust, Chris McKenzie, Stephanie O’Sullivan, and George Rangitutia have worked tirelessly to ensure that the Crown has understood their people’s aspirations. The team representing the Te Arawa River Iwi has included many senior and respected members of that iwi. Te Arawa interests have been capably advanced in these negotiations by Roger Pikia and Eru George, assisted by Nero Pānapa. Many others have been involved. Although I have not mentioned them by name, I acknowledge their contributions.
In conclusion, I believe that we can be satisfied with what has been achieved in setting up sophisticated yet streamlined co-governance models for the Waikato River. We can be optimistic about the future with its focus on such a positive goal, including the health and well-being of the river for present and future generations based on consensus, collaboration, and an enlightened approach to contemporary Treaty relationships. I commend the bill to the House.
