First Reading of Whanganui River Settlement Bill   25 May 2016

First Reading of Whanganui River Settlement Bill

E rere kau mai te Awa nui mai i te Kahui Maunga ki Tangaroa Ko au te Awa, ko te Awa ko au

(The great river flows from the mountains to the sea I am the River and the River is me)

The First Reading of Te Awa Tupua (Whanganui River Claims Settlement) Bill will take place in Parliament today, Wednesday, 25 May 2016.

54 years ago, at the end one of the longest running Court cases in New Zealand’s history (which began 24 years earlier in 1938), the Court of Appeal ruled that the bed of Whanganui River was vested in the Crown. In 1999, the Waitangi Tribunal found that Whanganui Iwi owned, and held rangatiratanga over, the Whanganui River, and that the Crown’s actions in removing the possession and control of the River from Whanganui Iwi and failing to protect the interests of Whanganui Iwi was in breach of the principles of the Treaty of Waitangi.

Today signals the first stage of the passge through Parliament of legislation that will see both the legal recognition of the Whanganui River as Te Awa Tupua (an indivisible and living whole comprising the Whanganui River from the mountains to the sea, incorporating all its physical and metaphysical elements) and the vesting of the Crown-owned bed of the Whanganui River in Te Awa Tupua.

“Since the first Crown incursions on the Whanganui River in the mid 1850s which led to the destruction of pa tuna (eel weirs) and utu piharau (lamprey weirs) and the clearance of many of the River’s rapids, Whanganui Iwi have fought to have their rights and their relationship with the River recognised”, said Gerrard Albert, the Chairperson of Nga Tangata Tiaki o Whanganui.

“Today is a momentous occasion for Whanganui Iwi. Over 200 uri (descendants) of Whanganui Iwi will descend on Parliament today to witness the First Reading of the Bill and the large numbers attending reflect the conviction and perseverance shown by the Iwi for well over a century to uphold the mana of the River. The fact that the longstanding River claims of Whanganui Iwi are being concluded through a unique approach that reflects the Iwi’s view of the River adds to the energy and excitement that the Iwi is feeling.”

The Te Awa Tupua (Whanganui River Claims Settlement) Bill will give effect to Ruruku Whakatupua, the Deed of Settlement that was signed between Whanganui Iwi and the Crown on the 5 August 2014 in settlement of the historical Treaty of Waitangi claims of Whanganui Iwi relating to the Whanganui River.

The Bill will establish a new legal framework for the Whanganui River - Te Pa Auroa na Te Awa Tupua – centred on the legal recognition of Te Awa Tupua. “This is significant not only for Whanganui Iwi and Aotearoa, but internationally; being the first time that a river system has been accorded its own legal personality”, said Mr Albert.

Te Awa Tupua will have its own rights and innate values, Tupua Te Kawa, which must be recognised by relevant decision-makers, and the Crown and Iwi of the River will jointly appoint two persons to the role of Te Pou Tupua, who will be charged with upholding the River’s interests. The Tupua Te Kawa values include the inalienable relationship of all River Iwi and hapu with the Whanganui River, and also the shared responsibility of the Iwi and the other communities of the River to work collaboratively to the common purpose of the health and wellbeing of Te Awa Tupua.

“This new legal status will be central to future decision-making”, said Mr Albert. “The new lens through which the Whanganui River will be viewed will be that of Te Awa Tupua - the River as a physical and metaphysical whole from the mountains to the sea – which reflects the relationship that we have always contended we have with our Awa. Our tupuna lived that relationship and our mokopuna will continue to live that relationship going forward, supported now by Te Awa Tupua’s own Act of Parliament.”

Another strength of the new framework is that it is not simply an arrangement between the Crown and the Iwi. The Bill also provides for establishment of Te Kopuka na Te Awa Tupua (a strategy group involving representatives of the Crown, Iwi, local government and other groups with interests in the River), the collaborative development of Te Heke Ngahuru ki Te Awa Tupua (a long-term strategy document for the future health and wellbeing of the River), and a $30 million public contestable fund, Te Korotete, that will be used to support initiatives for the heatlh and wellbeing of the River.

“This is a time for Iwi and the communities of Te Awa Tupua to join together”, said Mr Albert, “However, it is not only a time to celebrate the settlement and the new arrangements that will recognise the relationship between the Iwi and hapu of Whanganui and Te Awa Tupua and provide for its future health and wellbeing. It is also a time to reflect and remember our tupuna now passed who took the stand over successive generations to advocate for the mana and rights of the Whanganui River and Whanganui Iwi.”

“Te Awa Tupua is now calling, to its people, to the many communities of the River, to join together and prepare for the work still ahead. We must bind together and work as one to ensure that the health and wellbeing of the River, and the health and wellbeing of the people, are strengthened. Through the ground-breaking and innovative approach that will be recognised though this legislation, let us collectively continue to uphold and maintain our responsibilities.”

The waiata that will be sung by Whanganui Iwi members in Parliament today in support of the Bill, Te Wai o Whanganui, was composed by Te Ope Whanarere of Kaiwhaiki in 1939 at the height of the original case in the Native Land Court seeking recognition of the mana of Whanganui Iwi over the River. “The last verse of the waiata in particular sums up the legacy that Whanganui Iwi continues to carry and the reason that the First Reading of the Bill is being supported in such numbers today”, said Mr Albert:

“E te Iwi o Whanganui pupuria tatou, kia kotahi te reo, kia oti ai e!”

(Ye tribes of Whanganui, let us with one accord unite with one voice unto the end!)

Following its First Reading, the Bill will be referred to the Maori Affairs Select Committee for consideration. It is anticipated that, following its Second and Third Readings in Parliament, the Bill will be enacted in early 2017.

Nga manga iti, nga manga nui e honohono kau ana, ka tupu hei Awa Tupua

(The small and large streams that flow into one another and form one River)

ENDS

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