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Home / Whanganui Chronicle

The benefits of Maori land reform

By Te Ururoa Flavell, Minister for Maori Development
Whanganui Chronicle·
8 May, 2017 07:00 PM5 mins to read

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Te Ururoa Flavell, Minister for Maori Development

Te Ururoa Flavell, Minister for Maori Development

There has been a lot said about the imminent passing of Te Ture Whenua Māori Bill recently. And so there should, given it's the biggest improvement to Māori land law for 20 years.

What we are seeing now is the end result of a long conversation that started when the current Te Ture Whenua Māori Act was first reviewed in 1998.

The final bill is the result of six years of discussions, more than 580 submissions and over 170 hui and wānanga.

It is the result of input from the Māori Land Court judges, academics, Māori incorporations, community law centres and land trusts both big and small. And, more than anything else, it's the result of the views of over 3000 whānau and land owners.

Every individual contribution has made the Bill stronger.

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I have heard the land owners at hui in 2013 who said they wanted greater ability to decide how they use their land, but that it should be protected from sale. I have listened to the whānau at wānanga held around the country saying that disputes over land are often between family members, and should be solved by tikanga, not courtroom trials.

The bill puts those sentiments into law.

There are three underlying principles, or pou, of the new bill: mana motuhake, whakawhanake and taonga tuku iho.

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Mana motuhake (self-determination) is about giving Māori land owners greater legal scope to decide how they use their own land. Whakawhanake (development) supports Māori land owners to reach their aspirations for the whenua. And taonga tuku iho (protecting whenua for future generations), helps ensure Māori land is retained in Māori hands.

There are many different voices in this conversation. There is an average of 100 owners for each land block of Māori land, and many owners have interests in more than one block.

There are more separate interests than there are Māori, so no bill will satisfy everyone entirely.

No one person holds all the knowledge. No one person can speak for all Māori land owners and their experiences.

Drawing on submissions from all parts of the country, we have made over 100 changes to the bill since it was introduced to Parliament. Most are small, some are bigger, but they re all aimed at getting us closer to reaching our non-negotiable bottom-lines for land owners: mana motuhake, whakawhanake and taonga tuku iho.

By listening, I have also learned some people are criticising the bill based on mistakes and misconceptions. Its important people know the truth.

For example, some people wrongly think the bill will make it easier for a minority of owners to sell off Māori land. The truth is the opposite -- the bill sets out that to sell Māori land owners must give 75 per cent support and must give a first right of refusal to people with a tikanga connection with the land.

Then the Māori Land Court must judge whether the proposed sale meets the purpose and requirements of the bill. Land owners can vote to make the threshold even higher, so the bill gives owners more protections than now.

The other thing I have heard the whole way through is that there are barriers in other laws that discriminate against Māori land owners and stop them using their land. I acknowledge this, and we are on our way to fixing it.

The bill improves the Public Works Act. This law was used to take our land throughout the 20th century, valuing Māori land as worth less than general land, because it was collectively owned.

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That tilted the playing field against Māori and made it more attractive for government and councils to target us over other owners. Our whenua will no longer be treated as less valuable. We are also adding more protections against our land being taken for public works.

We are also changing rating. For example, in the past urupā of more than two hectares were charged rates, but cemeteries were not. We are doing away with that discrimination so our ancestors' burial sites are treated the same as others.

Papakāinga on marae will get rating breaks. Perhaps more importantly, councils will be encouraged to write off the $65 million in uncollectable rates on Māori land that's not being used, removing a barrier to owners from actively using their land.

We know that many owners want to improve the way their land works for them. We have set up a Whenua Māori Fund to help them explore options for boosting productivity for them and their whānau. We've given 40 grants since last year - over $4.4 million to trusts and whānau to look at ideas for the future.

The goal is to strengthen Māori land ownership, to ensure no more whenua is lost unnecessarily, and let whānau make decisions about their own land.

I want to thank everyone who has shaped this bill. Once implemented in full, the reforms will benefit Māori land owners for generations to come.

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