Te Rūnanga-ā-Iwi o Ngāti Kahu Land Claims Report
Pipiri 2017
1. Preparation for Waitangi Tribunal hearings for binding recommendations continues
2. Tribunal issues directions that the Crown and other parties respond to submissions made by Ngāti Kahu
3. Ngāti Kahu Taipā Farm
4. Progress with publication of the Ngāti Kahu book
5. Repossession of Kaitāia Airport – appeal to High Court
Summary
1. Our lawyers have adhered to the timetable the Waitangi Tribunal asked them to draw up for preparing for hearings. The Crown has tried to stall those preparations.
2. The Tribunal has issued directions that preparations are to continue.
3. A number of marae have still to notify the election of their trustee for the Ngāti Kahu Taipā Farm.
4. For our book, Ngāti Kahu: Portrait of a Sovereign Nation, Huia Publishers has agreed to the corrections I asked for. The main ones were the placement of the 186 photos and 52 maps within the book and the pepeha for Karepōnia. I am now waiting for the third (and hopefully final) typeset. Once that passes scrutiny the book will be printed.
5. 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 until September.
1. Preparation for Waitangi Tribunal hearings for binding recommendations continues
Our lawyers have continued to prepare for rehearing our application for binding recommendations. They have filed a memorandum setting out our position on the effects of the High Court and Court of Appeal decisions on the erroneous 2013 Tribunal report. They have detailed those parts of that report that have to be reconsidered. The Crown in response has said that it will not respond until a new presiding officer has been appointed. It follows on from the Crown having notified the Tribunal that it has suspended recognition of the Rūnanga’s mandate to represent Ngāti Kahu, while disingenuously omitting to advise the Tribunal that Ngāti Kahu had confirmed the mandate in early May. We immediately corrected the omission, sending the Tribunal the confirmation of mandate. We also pointed out that matters of mandate are not relevant.
2. Tribunal issues directions that the Crown and other parties respond to submissions made by Ngāti Kahu
The Waitangi Tribunal has yet to appoint a presiding officer to replace the one who recused himself. Nevertheless the chairman of the Tribunal has issued directions that the Crown and other parties wishing to participate in the hearing file the necessary responses to our lawyers’ memorandum. The Tribunal chairman made no mention of mandate. He did confirm that interested parties who appeared in the 2012 hearing and are asking to appear again, can do so. They are Ani Taniwha (Wai 1666), Owen Kingi (Wai 1832), Robert Gabel (Wai 1886), Pereniki Tauhara (Wai 1842) and Pairama Tahere (Wai 1259 and Wai 1538). The Crown and these parties have until 30 June to respond and we can respond to their submissions by 14 July.
3. Ngāti Kahu Taipā Farm
We understand that at least seven marae have now formally elected their trustee for the Ngāti Kahu Taipā farm in accordance with the instructions issued by the interim trustees. We also understand that some marae had to re-advertise because their advertised meeting didn’t go ahead as advertised. However only four have formally notified Wackrow Williams & Davies, solicitors for the trust, of the outcome of their meeting. Please can each marae notify the trust’s solicitor as per the instructions sent by the interim trustees.
For items 4 to 5, please see the summary above.
Professor Margaret Mutu
24 June 2017