Hon Christopher Finlayson

Hon CHRISTOPHER FINLAYSON (Minister for Treaty of Waitangi Negotiations): I move, That the Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Bill be now read a second time. I am pleased to move the second reading motion. This bill is an important achievement for those Wellington iwi who are part of the Taranaki Whānui collective. It is important for the Crown and it is important for the people of Wellington.

The bill gives effect to certain provisions of the deed of settlement that settles the historic claims of the collective in what is known as the Port Nicholson Block.

The collective is made up of Te Ātiawa, Taranaki, Ngāti Ruanui, Ngāti Tama, and other iwi from the Taranaki area. By 1839 representatives of those iwi had established themselves around Wellington Harbour. They had contact with whalers and traders before the arrival of representatives of the New Zealand Company in September 1839. The settlement covers the area of the Port Nicholson Block, which is an area of approximately 271,000 hectares spanning what is now Wellington, the Hutt Valley, Wainuiomata, and Eastbourne. In 1839 Taranaki Whānui ki Te Upoko o Te Ika agreed to sell some of this land to the New Zealand Company in what is now known as the Port Nicholson Block purchase. As part of the agreement, one-tenth of the land was to be held in reserve for the benefit of the four iwi that now form this collective. But the sad reality is that the Crown and its agents failed to protect the interests of those iwi.

Although the initial purchase was negotiated by the New Zealand Company, the Crown instigated a commission of inquiry into the company’s purchase. Despite the commissioner’s initial view that the greater part of the land claimed by the company had not been alienated and that the explanation of the reserve system was “perfectly unintelligible”, the Crown eventually completed the transaction. In the early 1840s significant areas of valuable urban tenths reserves in and around Thorndon were taken for public purposes through a series of endowments. When one walks down Mulgrave Street, past Old St Paul’s, one may not be aware that that land was originally reserved for those iwi who are now part of the collective, or that the pouwhenua at the gates of those grounds mark what was a landing place for their waka. Equally, the Wellington Harbour islands were also taken by Crown proclamation in 1843 without any consultation with the Māori owners. Furthermore, the Crown assumed ownership of the islands before commencing its inquiry into the validity of the New Zealand Company’s Port Nicholson deed. The use of those islands was denied to those iwi.

In short, the Crown failed to ensure that the agreements reached in 1839 between the New Zealand Company and later the Crown and those iwi who now make up the collective were in fact honoured. As a result, those iwi have been deprived of almost all of their lands in the Port Nicholson Block. By 1882 less than 1,000 acres from an original allocation of 11,000 acres of rural reserves, and one-third of the urban reserves, remained in Māori ownership.

Those iwi that now make up the collective also suffered the loss of their connection to Wellington Harbour, and the loss of their forests, waters, and natural resources in the Port Nicholson Block. The deprivation caused by those losses cannot be measured. The losses have inflicted profound pain and suffering. This bill enables the Crown both to recognise its past wrongs and to provide some atonement for its actions and inaction.

The Crown is providing redress over a number of areas to Taranaki Whānui ki Te Upoko o Te Ika. The harbour islands are being returned to the Port Nicholson Block Settlement Trust with all current reservation classifications retained. Once again Taranaki Whānui will be the owners of the islands while ensuring that the people of Wellington can continue to enjoy them as they do now. The Port Nicholson Block Settlement Trust, which is the governance entity for the iwi, and the Department of Conservation will jointly manage the islands. The Pencarrow Lakes will also be returned as cultural redress, as will Korokoro Gateway, and Point Dorset Recreation Reserve. Those are areas that the iwi have a strong association with. In all cases current reserve classifications will be maintained as well as existing public and third-party access.

Another site of great significance that will be given back to the iwi is Pipitea Marae. This marae sits on what used to be the edge of Wellington Harbour in Thorndon and was part of the historical Pipitea Pa. The Crown has agreed to return the land under the marae to the settlement trust. In the time that the committee has been deliberating on the bill, the Ngati Poneke Maori Association and the Port Nicholson Block Settlement Trust have agreed to form a new joint legal entity to administer the marae—the Pipitea Marae Charitable Trust. I think that that is an exciting step forward. The Crown will vest the land under the marae in the Port Nicholson Block Settlement Trust. Following the settlement date, the marae land and the improvements will be vested in the Pipitea Marae Charitable Trust. Clause 45 of the bill has been amended to give effect to those arrangements.

The bill also provides for the settlement trust to purchase a number of commercial properties at market value. Shelly Bay was sold to the settlement trust and the transaction was completed in February this year. The trust also has the opportunity to enter into sale and leaseback arrangements with Government agencies over key properties such as Archives New Zealand, Wellington Girls’ College, and the Supreme Court. Under that arrangement the trust can choose to purchase the land under those properties at market value and lease the land back to the agencies who will continue to own the buildings. The commercial redress contained in the settlement package will enable Taranaki Whānui to enhance the economic capacity of their members and to regain a position as a key player in the local economy. The settlement has been a long time coming. It has the overwhelming support of the registered members of the claimant community—98.6 percent of the registered adult members voted in favour of accepting the settlement package.

The bill was referred to the Māori Affairs Committee on 9 September 2008. The committee received and considered 17 submissions from interested groups and individuals including iwi, recreational and environmental groups, and a number of others. Of those submitters, 10 supported the bill. The committee heard eight oral submissions. The committee has now examined the bill, and as well as amendments in relation to the marae, the committee also recommends it be passed with a number of technical amendments. The bill settles finally and fully all the historical claims against the Crown of those represented by the Port Nicholson Block Settlement Trust. The level of support shown for the bill is recognition of the collective strength that several iwi have been able to gain by coming together to air and settle their grievances with the Crown. Finally, I thank the Hon Tau Henare and the Māori Affairs Committee for their careful deliberations on this bill and their recommendations, which I endorse fully. I commend the bill to the House.