Te Rūnanga-ā-Iwi o Ngāti Kahu
Land Claims Report for December 2011 – 6 February 2012
1. Waitangi Tribunal issues directions seeking further information for binding recommendations
2. Two hui-ā-iwi of kaumātua and kuia of Te Hiku o Te Ika, 17 December and 7 January; third scheduled for 18 February at Ngātaki marae
3. Te Aupōuri signs deed of settlement – objections received by Waitangi Tribunal
4. Te Ana o Taite is proceeding to the Court of Appeal
5. Te Waka o Taonui and National Iwi Chairs’ Forum 3-5 February at Pā-ihia.
Summary
• The Waitangi Tribunal has asked for further information on Ngāti Kahu’s claims that were upheld by the Waitangi Tribunal and a list and map of all the properties that can be returned as it considers whether it can hear our application for binding recommendations.
• The Taumata Kaumātua o Ngāti Kahu held a hui-ā-iwi of kuia and kaumātua from throughout Te Hiku o Te Ika to discuss whanaungatanga on 17 December at Kareponia marae. It followed attacks on Ngāti Kahu in the Waitangi Tribunal by the Crown with the backing of negotiators for the other iwi. The hui revealed that the Deeds of Settlement drawn up by the Crown and initialed by Te Aupōuri, Te Rarawa and Ngāi Takoto were of major concern. A second hui was called and a press release was issued explaining why kuia and kaumātua are unhappy with the Deeds of Settlement. A third hui, to be hosted by Ngāti Kurī, has been called for 18 February at Ngātaki marae.
• Te Aupōuri has formally signed its Deed of Settlement. At least four requests for urgent hearings to object to the Deeds of Settlement of Te Aupōuri, Te Rarawa and Ngāi Takoto have been received by the Waitangi Tribunal.
• In respect of Te Ana o Taite, the High Court has allowed Carrington Farms and the Far North District Council to appeal its decision. No hearing date has been set yet.
• The National Iwi Chairs’ Forum hui at Pā-ihia over 4-5 February covered a number of issues. It unanimously opposed removing section 9 of the State Owned Enterprises Act and instructed the government to leave the section intact.
1. Waitangi Tribunal issues directions seeking further information for binding recommendations
The Tribunal has sought information on the detail of the Ngāti Kahu claims upheld by the Waitangi Tribunal in 1997 along with identification of the damage that was caused to (or prejudiced suffered by) Ngāti Kahu. Essentially the Tribunal is asking Ngāti Kahu to interpret its own report for them. Work on this has been undertaken during December and January.
The Tribunal has also asked for full details and maps of all the lands that can be returned under binding recommendations. We had this work done several years ago and provided the Tribunal with lists taken from our extensive database. The Crown is claiming that some of the lands we listed do not have memorials on the titles. We are aware of this – however when the research was done it was discovered that although the Crown is required to put memorials on all lands it was transferring to State Owned Enterprises, in several cases it simply chose not to do so. We included all lands transferred to SoEs in our list.
All this information has to be filed by 17th February. The Crown and other parties must respond by 9 March. A further judicial conference is scheduled for Wellington on 22 March.
2. Two hui-ā-iwi of kaumātua and kuia of Te Hiku o Te Ika, 17 December and 7 January; third scheduled for 18 February at Ngātaki marae
Following our Rūnanga hui on 3 December, the Taumata Kaumātua o Ngāti Kahu called a hui-ā-iwi of kuia and kaumātua from throughout Te Hiku o Te Ika to discuss whanaungatanga. It took place on 17 December at Kareponia marae. It followed attacks on Ngāti Kahu in the Waitangi Tribunal by the Crown who had relied on negotiators from other iwi, particularly Te Aupōuri, joining and supporting the Crown in its attack. The attacks aimed to divide whānau, hapū and iwi of Te Hiku o Te Ika.
The hui proved timely. More than 60 kuia and kaumātua attended and many spoke of the hurt they were suffering as a result of the Crown’s Deeds of Settlement drawn up to extinguish Te Aupōuri, Te Rarawa and Ngāi Takoto’s claims. There was good representation from Whangaroa led by Nuki Aldridge who asked simply that we talk to each other and not let the Crown decide matters for us. However they left early when they realised the hui was to sort out the five iwi involved in negotiations. We need to schedule a hui with Whangaroa, through Nuki Aldridge, soon.
Joe Everitt was there for Te Aupōuri (with Karleen). He said during the mihi and then again later – the kuia and kaumātua did not authorise what Grant Powell said to the Waitangi Tribunal and would never do so.
Mere Neho was very forthright about the fact that Ngāti Kurī was suffering hugely because of what Te Aupōuri has done to them in claiming all their lands. Ngāti Kurī said they have very effectively been prevented from talking about it anywhere but amongst themselves.
Rā Heke, speaking as a member of Te Rūnanga o Te Rarawa’s executive went into lengthy detail about the major disruptions the DoS was causing in Te Rarawa. Several hapū have indicated they do not accept it.
No-one was there for Ngāi Takoto. Overall, the hui let the other iwi vent their anger and frustration over what is happening within their iwi and how divided they have become. It also allowed them to reconfirm the whanaungatanga between us. However there was no resolution about what was to be done. Instead a second hui was called for 7 January at Kareponia to get as many people as possible to come and talk solutions to the Crown’s divide and rule.
Even more attended the second hui on 7 January. Ngāi Takoto was well represented this time but Te Aupōuri did not come. This hui concentrated on identifying solutions. The need for constitutional change in this country to recognize the 1835 He Whakaputanga o te Rangatiratanga o Nu Tireni was discussed. This hui prepared and issued a press release explaining why kuia and kaumātua are unhappy with the Deeds of Settlement. The following is the full text of that release.
Press Release: Kuia and Kaumātua Reject Deeds of Settlement
Kuia and kaumātua within the iwi of Te Hiku o Te Ika are most unhappy with the Deeds of Settlement initialled by Te Rarawa, Te Aupōuri and Ngāi Takoto. “Numerous concerns were expressed at two hui attended by large numbers of elders from throughout the Far North on 17 December and 7 January, and solutions to the problems caused were sought“ said hui chairman, the Venerable Timoti Flavell.
The kuia and kaumātua who attended from the five iwi are unhappy about the divisions that have been caused within and between whānau, hapū and iwi and the dissention that has caused. “They are unhappy that the claims of many whānau and hapū are being extinguished without their authority or permission. They are unhappy that lands of hapū are being vested in iwi who are not the rightful owners” said Mere Rollo of Ngāti Kurī, Te Paatu-Ngāti Kahu and Ngāi Takoto. They are also unhappy that each of the Deeds attempts to extinguish the unextinguished native title to all the lands throughout their territories. The Waitangi Tribunal confirmed in its 1997 Muriwhenua Land Report that native title had not been extinguished.
Those kuia and kaumātua also expressed how extremely unhappy they were that the Deeds of Settlement say that those three iwi have ceded their mana and sovereignty to the British Crown. “They want those iwi representatives who have agreed to this to know that to do so is to allow the Crown to perpetrate a gross violation not only of Te Tiriti o Waitangi but also of the declaration on which it is based, He Whakaputanga o te Rangatiratanga o Ngā Hapū o Nu Tireni (The Declaration of Independence 1835)” said Bundy Waitai of Ngāti Kurī.
The kuia and kaumātua that attended are urging all whānau and hapū to hold firm to their mana, their traditional power and authority and to not allow the Crown to attempt to have the people extinguish their own mana by ratifying these Deeds of Settlement.
The next hui of kuia and kaumātua of Te Hiku o Te Ika has been called for Saturday 18 February at Ngātaki marae.
It was published in a slightly amended form in the Northland Age on 20 December. It drew a lengthy and furious response from Haami Piripi, chairman of Te Rarawa’s negotiators which simply confirmed that Te Rarawa’s negotiators have marginalized their kuia and kaumātua.
Ngāti Kurī will be hosting the third hui on 18 February at Ngātaki marae.
3. Te Aupōuri signs deed of settlement – objections received by Waitangi Tribunal
Since the press release Te Rarawa has been running a media campaign to encourage support for their negotiators and their Deed of Settlement. The Tauroa hapū has publicly indicated they are opposed to it. Three claims have been filed in the Waitangi Tribunal by Te Rarawa hapū seeking urgent hearings opposing it. Ngāi Takoto has also filed against all three Deeds of Settlement, including its own!
Te Aupōuri does not appear to have engendered internal strife. This is understandable given that the land the Crown is selling to them for their settlement is actually Ngāti Kurī’s. As a result Te Aupōuri has now fully signed their Deed of Settlement. It now proceeds to legislation although Ngāi Takoto has objected to it. It is unclear whether Ngāti Kurī will formally object. Instead a newspaper report appeared saying that Ngāti Kurī is now buying back its own lands from private interests – with one farm purchased through a mortgagee sale.
4. Te Ana o Taite
Our lawyers have received notice that both Carrington Farms Ltd and the Far North District Council are taking this case to the Court of Appeal.
5. Te Waka o Taonui and National Iwi Chairs’ Forum 4-5 February at Pā-ihia.
Te Waka o Taonui (the Taitokerau Iwi Chairs) was held on 3-4 February and the National Iwi Chairs’ Forum hui on 4-5 February at the Scenic Circle Hotel in Pā-ihia (the correct name of Paihia). A number of issues were covered. They included:
• An Iwi-led crime prevention strategy presented by the police. This was supported in principle but needs reporting back to iwi. It advances the scheme we have been looking at of hapū and iwi dealing with offenders. Resourcing it appears to be unaddressed.
• Child abuse – a plea was made for iwi to fund work on addressing child abuse from their commercial earnings.
• Constitutional Transformation Working Group – will be travelling round the country during 2012 to seek the views of whānau, hapū and iwi on a model for a written constitution based on tikanga, He Whakaputanga and Te Tiriti. The group has asked to meet with Te Taitokerau in April.
• Wai 262 – there is concern that the government is trying to extinguish this claim in each of the Deeds of Settlements it writes. It was agreed that iwi would not include Wai 262 in their settlements; to support the establishment of an interim taumata and not to engage with the Crown to settle the claim until we are all ready to do so.
• Freshwater – there is a national hui at Hopuhopu on 23-24 February
• The Rena disaster – it was agreed to call for a full inquiry into the disaster and its on-going effects, especially on mana whenua.
• Removing section 9 of the State Owned Enterprises Act to sell the State Owned power companies Genesis Power, Meridian Energy, Mighty River Power and Solid Energy NZ. – the Forum unanimously instructed the government to leave the section intact or strengthen it for these companies. I doubt that the Prime Minister either listened or even cared.
• Whanau Ora – National Hauora Coalition: This is a government proposal which focuses on iwi working within the government’s Whānau Ora programme. The proposal had not been discussed with the Whānau Ora Iwi Leaders’ Group conveners but was put in the agenda papers by government officials. It resulted in a very sharp exchange between me and Wira Gardiner (the government official responsible). It is not the first time the government has tried to infiltrate National Iwi Chairs’ Forum, a tactic that threatens to destroy the forum.
• Mātauranga a Iwi – Education: this group seems also to be Ministry of Education focused and concern was noted in this respect.
• Oil and Minerals: Ngāti Ruahine gave a presentation on the difficulties they face trying to deal with the realities of the oil drilling companies already in their territories for many years; Rikirangi Gage and Mike Smith gave a presentation on how Te Whānau-ā-Apanui dealt with Petrobas when they were surveying in their territory.
• The Forum met with the Māori Party. They were of the same mind as the Forum over S. 9 of the SoE Act and urged us to take a strong line with the Prime Minister. However Pete Sharples didn’t do so well on the Constitutional Transformation work.
The government had tried to have its constitutional review advisory body deliver a presentation to the Forum. We refused to put it on the agenda because our mandate is to find out what Māori want, and not to be directed by what the government wants. So they sent Ranginui Walker (who is on the government’s advisory body) to see me and then separately, Moana Jackson, to say they were going to do a presentation. We both told him that couldn’t happen. However when the Māori Party arrived they handed over the mihi to Rangi who spoke about British constitutional practice. Pete Sharples and Rangi were both advised that Pākehā do not have a monopoly on constitutions and that ours are based on our tikanga, and not on any British cultural construct. We reiterated that we would not be meeting with the government until Māori had decided what they wanted. Yet again, the government is trying to interfere in the Forum’s business.
• The Forum then met with other members of the cabinet including its leader, John Key and delivered several brief messages as agreed in the meeting. However the firmest one was a complete rejection of removing S.9 of the SoE Act for the sale of the power companies. At one stage the whole forum told Bill English very loudly “no – leave it alone” when he tried to push its removal.
• A proposal for an executive and a secretariat for the Forum was floated by Tainui, Ngāi Tahu and Ngāpuhi. Having an executive was not fully supported. Ngāi Tahu will bring back costing for a secretariat.
Although some Ngāti Kahu delegates attended the Forum, I understand the reminder message didn’t reach everyone. My apologies. Next year the forum will take place on the same dates.
Professor Margaret Mutu
7 February 2012