Te Ururoa Flavell

National have provided a statement regarding the year ahead but there was one topic that was not really discussed. That matter has some relevance to the agreement between the Maori Party and National.

Let me explain. On Waitangi Day the Prime Minister offered the following question:

"Why can't this be the generation of New Zealanders who open the next chapter in our history?".

It is a question of the utmost relevance to one of the most significant political debates to have impacted upon Aotearoa, the Foreshore and Seabed legislation.

It has been just under eleven months ago since the Attorney General announced the terms of reference and members of the Government's ministerial panel to review the Foreshore and Seabed Act as provided for in the Confidence and Supply Agreement between the National government and the Maori Party.

There were two key components to the review:

to ascertain whether the Act adequately maintains and enhances mana whenua; and

to ensure both customary and public interest in the coastal marine area are recognised and provided for.

It is a balance which the Maori Party has consistently advocated for - the need to respect the mana that every iwi and hapu express over their rohe moana; while at the same time promoting the concept of enduring public access.

That then is perhaps at the heart of the question that the Prime Minister asks. This generation must the ones to open the next chapter of history by providing certainty and clarity around interests in the foreshore and seabed.

But this is where we differ in some respects from the approach taken by Mr Key. Mr Key's Waitangi Day proclamation was that we should move on and acknowledge that the history of colonisation and injustice can't be allowed to dominate decision making.

I can hear some of our people saying, easier said than done.

There would be little dispute that the 2004 Act has been the most pivotal piece of policy to have been served upon Maori for at least the last century.

We must face the future, being absolutely informed by our past.

A recent past, admittedly, but one that still continues to engender hostility and anguish from amongst the people of this land, tangata whenua.

We will never forget the memory of 25,000 people marching on Parliament to universally reject the Act.

Our international reputation has been damaged by consistent findings from the United Nations that the Act discriminated against Maori because it extinguished property rights without consent or compensation.

And our capacity, as a Parliament, to talk about matters of justice is severly compromised by the complete disregard for the concept of due access to the Courts, as spelt out in the Ngati Apa decision.

That period of time in 2003, during the Attorney General versus Ngati Apa, is a very significant period in the building up of our nation. Indeed I would hope the Ngati Apa decision would be compulsory reading for all Members of Parliament, all students of history and politics, all those with intentions to enter the halls of law.

This is what Professor Jane Kelsey said about the Ngati Apa decision. She said described the Ngati Apa decision as creative, occurring only "because judges in the Maori Land Court and the Court of Appeal were prepared to take the risk and challenge the prevailing precedents".

And so again I come back to Mr Key's question challenging this generation to open the next chapter of history.

The critical responsibility for our generation is that we are able to provide the insights, the knowledge, the direction and the support that will help all future generations to grow and develop.

We can not advance if we ignore or deny the conflicts that have rendered us asunder. Opinion polls, focus groups and political commentators all have their place, but ultimately the true test of leadership lies in the courage to work with policy differences.

In this respect, I was heartened by the words of Sonny Raniera Tau in his analysis of the iwi leaders forum.

That forum consists of representation of all 57 iwi and is a powerful advocate for the recognition and mana of iwi and hapu over their rohe moana. Mr Tau spoke in support of the forum as the best group to represent Maori in negotiations, given that every member is an elected member of their own iwi.

Why is this so important?

Well quite simply, the foreshore and seabed approach that we consider and conclude in upcoming months, can only be effective if there is meaningful engagement between the Crown and iwi/hap. It is expected that those representatives communicate well with iwi and hapu, to be accountable, to be transparent; to be faithful to the views of their people.

The key commitment that we gave to our constituency is that we would do everything in our powers to repeal the Act - and that has been a priority for us.

But we also face the future with optimism, wanting to ensure that the Maori Party, as the strong and independent voice for Maori, can ensure that all aspects of the management of the marine environment and marine resources enable effective input of iwi and hapu. We have advocated for iwi and hapu involvement in decisions which bear the influence of tikanga; and we have spoken out consistently for the recognition of the mana of iwi and hapu.

Time will demonstrate the fruits of our efforts.

Now let me turn to another important matter which arose yesterday and here I am profiting from that. There is one thing that would inspire hope for the success our people seek, and that is the significance of yesterday, a day in which finally simultaneous interpretation has been welcomed into this chamber.

This has been a day long coming.

In 1987, the Maori Language Act declared te reo Mori an official language of New Zealand. That was a key event in the history of this nation, and it is somewhat sobering to think that Parliament, some 23 years later, is finally honouring the intention of that Act.

Here is the whakapapa behind this distinctive initiative.

On 24 February 2000 a simultaneous English-Maori translation service was installed in the Maori Affairs select committee room so that direct English translations of Members of Parliament or visitors speaking in te reo can be made. At the time then Deputy Clerk of the House, Ailsa Salt, said that if the service was a success it could be introduced into the House.

We have also had a full time interpreter in the House since 1999, after Maori Members of Parliament expressed concerns during the 1996-1999 Parliament about the barriers to speaking Maori in the House.

So I want to recognise the efforts made right across the House, in successive terms of Parliament, for the right to be able to speak Maori to be given the status of an official language, with the capacity for other Members to benefit from an immediate understanding of the concepts and statements made.

Our whakatauaki, pepeha, korero tawhiti - the cultural assets and capital of tangata whenua - are the essential heart of Maoritanga. They embellish our korero; they demonstrate the unique knowledge and wisdom of Maori frameworks; they provide contemporary guidance based on historical precedents.

Indeed it is through such learning and such leadership that we are confident our future generations can open many new chapters in the history of our nation - chapters which are stronger for the foundation they emerge from.