Te Rūnanga-ā-Iwi o Ngāti Kahu Land Claims Report for
Paengawhāwhā 2017
1. The Waitangi Tribunal issues directions for hearings for binding recommendations
2. Mandate Reconfirmation Hui-ā-iwi
3. Government threatens to suspend recognition of mandate if we go to the Tribunal
4. Progress with publication of the Ngāti Kahu book
5. Ngāti Kahu Taipā Farm
6. Repossession of Kaitāia Airport – appeal to High Court
Summary
• The Waitangi Tribunal has issued directions to a large number of parties requiring them to making submissions on the rehearing of Ngāti Kahu’s application for binding recommendations.
• In preparation for the Waitangi Tribunal hearings two hui-ā-iwi have been called to update Ngāti Kahu whānau, hapū and iwi on the claims and to reconfirm the Rūnanga’s mandate.
• The Minister of Treaty Negotiations and the Minister of Māori Development have now told us that if we proceed with our application to the Waitangi Tribunal they will suspend recognition of our mandate to represent Ngāti Kahu. However if we do not go to the Tribunal and instead negotiate with the Crown, they will provide us $94,400 to reconfirm our mandate in accordance with their instructions.
• I expect to receive the indexed book for final review shortly.
• Several marae should have completed the formal appointment of their Taipā farm trustees by the end of the month. The rest should be completed next month.
• The decision of a date for the full hearing of the appeal to the High Court, Whāngārei against the decision of the Kaitāia District Court on the repossession of Rangiāniwaniwa has been delayed.
1. The Waitangi Tribunal issues directions for hearings for binding recommendations
On 21 March the Waitangi Tribunal issued directions to a very large number of parties asking them to file submissions on what they think the next steps for the reconvened inquiry into binding recommendations for Ngāti Kahu should be. It has done so because the Court of Appeal has ordered the Tribunal to rehear our application.
We are very disappointed that the presiding officer for this rehearing is the same judge who rejected our application the first time he heard it. In his report he made it very clear that he supports the Crown against those who do not adhere to what the Crown dictates. This level of bias in a judge is a very serious although we are very aware that the Tribunal remains under threat of being abolished by the government if it does make binding recommendations.
Because he has clearly demonstrated his bias in favour of the Crown we have made a request setting out in detail the legal grounds upon which the judge should recuse himself (step aside from hearing this case). The Crown, of course, fully supports him and is fighting to keep him as their judge. We do not know when we will hear the outcome of our request so that we can consider how to proceed from there.
2. Mandate Reconfirmation hui-ā-iwi
We have two very important hui-ā-iwi coming up: one in Auckland on 6 May at Te Unga Waka marae on the corner of Clyde Rd and Manukau Rd in Epsom; the other at Kēnana marae on 13 May. We have called them in preparation for our hearing before the Waitangi Tribunal. The purpose of these hui is to update all Ngāti Kahu whānau and hapū on our claims and to reconfirm the Rūnanga’s mandate to represent Ngāti Kahu. Please ask all whānau who are able to attend one or both of these hui.
3. Government threatens to suspend recognition of mandate if we go to the Tribunal
Following on from the Court of Appeal decision and the Waitangi Tribunal calling for submissions on the hearings, we have received a not unexpected but nonetheless rather revealing reaction from the government. In a letter dated 7 Paengawhāwhā 2017 the Minister of Treaty Negotiations, Christopher Finlayson, and the Minister of Māori Development. Te Ururoa Flavell, threatened that if we continue to pursue our application to the Waitangi Tribunal, they will suspend recognition of our mandate to represent Ngāti Kahu. However if we reject the Tribunal route and instead, accept the Crown’s offer of a full and final settlement of all our historical claims they will continue to recognize our mandate and pay us $94,400 to reconfirm it in accordance with their instructions. Bribery is illegal in this country.
4. Progress with publication of the Ngāti Kahu book
After several months of waiting, we gave up waiting for the Waitangi Tribunal to produce the maps it promised from their 1997 Muriwhenua Land Report for our book. So the publisher found another way to reproduce the maps. I am now waiting on a copy of the fully indexed book for me to do one final review of it.
For items 5 and 6 please see the summary above.
Professor Margaret Mutu
22 April 2017