Speech: Public Works (Offer back of and compensation for acquired land) Amendment Bill
Public Works (Offer back of and compensation for acquired land) Amendment Bill
Wednesday 17 June 2009
Hone Harawira, Member of Parliament for Te Tai Tokerau
Mr Speaker, the Minister for Land Information revealed today a staggering list of delays and deferrals associated with the many reviews of the Public Works Act, the most recent of which in 2001, attracted some 90 submissions from Maori – more than 30% of all submissions received – which clearly shows the level of interest that Maori have in this issue.
Which perhaps is why there have been so many Crown delays and deferrals – if Maori are interested then let’s do nothing.
Or perhaps its because challenging the compulsory acquisition of Maori land is an issue best swept under the carpet, to be cleaned up by another government further down the track, or to be revisited when Maori are too tired to fight any longer.
And indeed, if you look through the submissions from the 2001 review, you will see that the concerns that have arisen from the Public Works legislation from as far back as 1864, have torn at the very soul of Maoridom, and created a clear perception that the many institutions of government have worked against Maori in the past, and that there is little hope that there might be any difference in the future.
And so the challenge was that any review of Public Works legislation by the Maori Party, had to be based around the notion of redressing those injustices, and re-establishing the connection between tangata whenua and whenua lost.
Its not that Maori land issues are new to this house, and my thoughts go back to 1975 when Te Roopu Matakite was formed to fight the continuing alienation of Maori land, and when in September and October of that year, Whina Cooper lead the nation in an historic march from Te Rerenga Wairua to Wellington under the banner “not one acre more”, to raise public awareness to the massive loss of Maori land and to signal a determination not to accept it’s continuance.
And I think of the 5000 marchers who carried the hopes of the Maori nation; and of the petition signed by 60,000 people; and of the memorial of rights signed by 200 of our kaumätua and kuia.
And we all know of the Maori land struggles have come before this House on many, many occasions in the past through countless reviews, petitions to Parliament, proceedings of the Waitangi Tribunal, and debates about the righteous occupations to restore Maori ownership of Maori land taken improperly by the Crown right throughout the country – most notably at Raglan, Bastion Point, and more recently in Tuwharetoa, in Hauraki, and in Ngati Kahu.
And so I congratulate my good Ngapuhi brother Te Ururoa Flavell, for this Bill which responds to the peoples call, that enough is enough, that too much land has been lost into Crown hands, and that it is time to begin to right those wrongs and to redress, in a small way, that massive imbalance, through the application of this bill targeting section 40 of the Public Works Act, which deals with the disposal of surplus land.
Mr Speaker, the current provisions do nothing to protect the interests of those who want their land returned, and until this section 40 of the Public Works Act is strengthened, those interests will continue to be ignored.
And so I am proud:
§ to speak for the Maori Party;
§ to speak in support of the Member for Waiariki; and
§ to speak on behalf of all those whanau, hapu and iwi who have waited for generations for this issue to come before the house;
And to mihi to Te Ururoa for this, the very first Bill ever to be drafted and delivered by a Maori Party Member in the history of this country’s parliament.
And I sincerely hope that this Bill will be positively received and supported by all intelligent parties in this House.
Mr Speaker, these amendments mean that land which was taken for public works and never used for that purpose, or which is no longer needed for that purpose, will be offered back to the original owners in the first instance.
Simple. This isn’t rocket science. This is about offering back land no longer needed for the purpose for which it was acquired.
Yes, there may be issues about whether facilities originally included in the public works have changed over time, but they are not insurmountable problems; they are just technicalities that can be dealt with if the Crown is willing.
And yes, there may be issues about whether compensation is sufficient to purchase equivalent replacement land, but again, if the desire for justice is there, then that too will be resolved easily enough.
Mr Speaker, this bill is simply the application of good common sense - that land no longer needed for the purpose for which it was acquired, be offered back to the original owners - and the Maori Party will be supporting this bill without reservation.