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Home / Hawkes Bay Today

Meka Whaitiri: Māori deserve better from Te Ururoa Flavell

By Meka Whaitiri
Hawkes Bay Today·
12 Jun, 2017 06:00 PM4 mins to read

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For Maori landowners the proposed Māori Land Service is a mysterious gamble they are being asked to invest a lot of faith in, says Meka Whaitiri. Photo/Paul Taylor

For Maori landowners the proposed Māori Land Service is a mysterious gamble they are being asked to invest a lot of faith in, says Meka Whaitiri. Photo/Paul Taylor

Te Ture Whenua Māori Bill is currently in the Committee of the Whole House stage in Parliament.

Māori Development Minister Te Ururoa Flavell is determined to push this bill through its final stages despite having no mandate from Maori.

In responding to the bill's many detractors, including his own political ally Hone Harawira, the Minister has chosen to shut down debate, labelling criticism "lies" and "political rhetoric".

Māori landowners who have struggled to stay informed about this ever-changing and complex legislation deserve much better from the Minister. I don't believe that any Māori, whatever their political persuasion, wants to see a positive, well-considered pro-Māori policy fail.

Instead of stifling debate, we would all be better served by a Māori Development Minister who could address the many valid concerns with these reforms.

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The process has been flawed from the outset, from a failed attempt to block a submission from the Māori Land Court judges, to last year's Waitangi Tribunal report declaring consultation hui breached legal standards.

There have been rolling changes to the bill, with around 125 amendments and 30 clauses removed. In April, the Minister himself proposed 70 further major changes to his own bill, and recommended it be divided into three bills.

Nine Māori opposition MPs requested these changes be taken back to select committee so they can be scrutinised in a public way.

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The Minister refused.

With this bill undergoing constant amendments (many outside of any consultation framework), how on earth can Māori landowners have faith that this bill is fit for purpose?

The reality is that this is not a well-designed piece of legislation; it's Frankenstein's Monster.

The proposed Māori Land Service (MLS) is vital to the Minister's reforms, yet as multiple submitters pointed out, there is no real detail on it in the legislation. Te Ururoa Flavell says the MLS will answer landowners' calls for easier decision-making, and for expert advice and support.

Yet, we have not seen any budgeted business case, no transitional implementation plan, no real targets, no risk management plan and no answers around what type of structure the MLS will take.

For Maori landowners who don't have the benefit of the Minister's crystal ball, the MLS is a mysterious gamble they are being asked to invest a lot of faith in.

The Waitangi Tribunal found there was no extensive evidence-based research on the existing Act. This means the entire reform process has been undertaken without the necessary homework done on the real barriers to utilising Māori land.

During consultation hui landowners were clear on their views about the barriers to land development, yet this bill completely fails to address critical issues like landlocked land, paper roads, or fair rating.

The Waitangi Tribunal has stated that Treaty principles will be breached if the bill proceeds without informed, broad-based support from Māori. It's clear that Te Ururoa Flavell has failed spectacularly here.

The Minister has claimed the backing of the Iwi Chairs Forum (ICF) and the Federation of Māori Authorities (FoMA). Well, Ngati Kahu Chair Margaret Mutu has rubbished Flavell's claims of ICF support as simply untrue. Likewise, FoMA have identified dozens of problematic provisions and gaps in the bill, saying it doesn't address impediments to land utilisation.

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The majority of submitters to select committee opposed the bill, including Wakatu Incorporation, representing 4,000 shareholders. Last year, a letter opposing the bill co-signed by the President of the Māori Women's Welfare League was sent to the UN.

I also presented a petition to Parliament from more than 5,000 people opposing these reforms. Recently, an open letter by 13 esteemed Māori academics and lawyers urged the Prime Minister to stop the bill's progress. Even the Human Rights Commission says the bill undermines the United Nations Declaration on the Rights of Indigenous Peoples!

Opposition continues to mount and for Flavell to claim otherwise beggars belief.

Any Māori land reform must empower landowners while protecting the small amount of land that remains in Māori ownership.

A Labour government will repeal Flavell's law and work with the Waitangi Tribunal and Law Commission to ensure any further reforms have the informed consent of Māori.

We will strike a balance between cultural and economic values so that land can be developed while protecting owner's rights.

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Most importantly, we will listen to the voice of Māori landowners, something that has been consistently ignored by Te Ururoa Flavell and this government.

Meka Whaitiri is the labour MP for Ikaroa-Rāwhiti.

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