Te Rūnanga-ā-Iwi o Ngāti Kahu
Land Claims Report for February – March 2012
1. Waitangi Tribunal holds second judicial conference on our application for binding recommendations – Harrison whānau and Graham Latimer join – decision awaited.
2. Two more hui-ā-iwi of kaumātua and kuia of Te Hiku o Te Ika, 18 February and 10 March; fifth scheduled for either 14 or 21 April at Te Rarawa marae - paper from these hui critiquing deeds published in Northland Age.
3. Te Rarawa signs deed of settlement.
4. Independent Constitutional Transformation Working Party scheduling hui throughout country
Summary
• The Waitangi Tribunal held a second judicial conference to consider our application for binding recommendations. It confined itself to considering whether it had jurisdiction to hear the application. The Harrison whānau of Ngāti Tara has joined the proceedings claiming Rangiputa for Ngāti Tara, rather than for Ngāti Kahu. Graham Latimer has also claiming all Te Paatu lands that may be returned through binding recommendations.
• Kuia and kaumātua from throughout Te Hiku o Te Ika held two further hui-ā-iwi at Ngātaki marae on 18 February and then at Mahimaru marae on 10 March. The hui continued to discuss whānaungatanga and how to protect whānau and hapū from the Crown’s determination to remove their mana, rangatiratanga and sovereignty. A paper explaining how this is spelt out in the Deeds of Settlement of Te Rarawa, Te Aupōuri and Ngāi Takoto was published as a serial in the Northland Age. The hui discussed the need to adhere to He Whakaputanga and Te Tiriti o Waitangi and to give strength to the gathering of rangatira responsible for those documents, Te Wakaminenga o ngā Hapū o Nu Tireni.
• Te Rarawa has formally signed its Deed of Settlement despite strong opposition from several hapū. The voter turnout was very low however the Crown had already indicated before the voting was completed that the Deed would be signed and the legislation introduced into the House in May.
• The Independent Constitutional Transformation Working Group of the National Iwi Chairs’ Forum that Moana Jackson and I lead has been meeting regularly and preparing to conduct hui throughout the country.
1. Waitangi Tribunal holds second judicial conference on our application for binding recommendations – Harrison whānau and Graham Latimer join.
As requested by the Tribunal, we provided the 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. We also provided full details and maps of all the lands that can be returned under binding recommendations. The information included four large folders and a 64 page affidavit telling the Tribunal about its own report.
The Crown supported by Te Aupōuri and Te Rarawa continues to oppose us bitterly. They have been joined by the Harrison whānau of Ngāti Tara who appears to want the Tribunal to decline our application for binding recommendations so that they can apply for them instead. Their lawyer told the Tribunal that the Rangiputa station belongs to Ngāti Tara. He made no mention of the fact that Te Whānau Moana/Te Rorohuri and Patukōraha are mana whenua there or that those hapū had agreed to share Rangiputa with all Ngāti Kahu hapū. We responded that other Ngāti Tara whānau have instructed us that Rangiputa is for all Ngāti Kahu.
Graham Latimer has joined the proceedings claiming to represent Te Paatu descendants of Te Parata (and others) and that he has a claim for the return of most of the State Owned Enterprise and Crown Forest lands that will be affected by our application for binding recommendations. We responded that he is one person, that several whānau of Te Paatu have instructed Te Rūnanga-ā-Iwi o Ngāti Kahu to act for them. Furthermore the Rūnanga is the only body mandated to represent Ngāti Kahu, including Te Paatu.
The judicial conference heard lengthy arguments about whether it had jurisdiction to hear our application. We are now waiting for the Tribunal’s decision on the matter.
Following our judicial conference we stayed to hear another on Ngāti Kurī’s application opposing Te Aupōuri’s Deed of Settlement. Ngāti Kurī was asking that a proper mana whenua process conducted in accordance with tikanga and controlled by kuia and kaumātua, be carried out to determine who are mana whenua for lands being transferred by the Crown to Te Aupōuri. The lands are all Ngāti Kurī lands. We asked for this repeatedly when we were in Te Hiku Forum but Te Aupōuri always blocked it happening.
2. Two more hui-ā-iwi of kaumātua and kuia of Te Hiku o Te Ika, 18 February and 10 March; fifth scheduled for either 14 or 21 April at Te Rarawa marae - paper from these hui critiquing deeds published in Northland Age.
There continues to be very good turnouts to these hui. Attempts by negotiators for Te Rarawa, Te Aupōuri and Ngāi Takoto to stop kuia and kaumātua meeting to discuss the problems arising from the Deeds of Settlement issues have backfired on them. I received a number of requests to explain in writing what the Deeds of Settlement actually say to extinguish the claims of Te Aupōuri, Te Rarawa and Ngāi Takoto’s. So I drew on each of the deeds and on the discussions that had taken place in these hui and wrote a paper entitled ‘Ceding Mana, Rangatiratanga and Sovereignty: The Deeds of Settlement of Te Rarawa, Te Aupōuri and Ngāi Takoto’. Like the discussions in the hui, it draws on He Whakaputanga of 1835 and Te Tiriti of Waitangi of 1840 and the work of Te Wakaminenga o Ngā Hapū o Nu Tireni, the gathering of rangatira which came together in the early 1800s.
Before it was published, the paper was circulated widely asking for comments and corrections. It was posted on each of the iwi authorities’ Facebook pages and sent to several members of the negotiations teams asking for input. Many did send comments and these were included. The paper was published as a serial over seven editions of the Northland Age during March. It was also posted on facebook.
The paper has drawn furious and very similarly worded letters to the Northland Age from Haami Piripi (Te Rarawa) and Rangitāne Marsden (Ngāi Takoto). Both strongly support the Crown. I drafted a response to Haami because he is my mokopuna and circulated it for approval before sending it to him and then to the Northland Age. However the paper spread quickly throughout the country and I received a large number of positive comments. Permission has been sought by universities and whare wānanga for it to be used in their courses.
The hui of kuia and kaumātua decided at their last hui at Mahimaru marae to give life back to Te Wakaminenga, bringing together the rangatira of each hapū, while being very careful to uphold and preserve the mana and rangatiratanga of each and every hapū. The hui was careful to articulate that it was up to the hapū whether they wanted to maintain the various rūnanga that exist while still reinvigorating Te Wakaminenga. Essentially the aim of Te Wakaminenga is to find practical ways of organizing ourselves to live under our own power and authority and free ourselves of the oppression of the Pākehā and his parliament. It is a theme I am hearing more and more around the country.
3. Te Rarawa ratifies deed of settlement.
Te Rarawa has formally ratified its Deed of Settlement despite strong opposition from several hapū. The voter turnout was very low - only 1800 of the approximately 7500 people registered voted and 300 of those opposed the Deed. However the Crown had already indicated before the voting was completed that the Deed would be signed and the legislation introduced into the House in May. It was clear in the Tribunal conference that the Crown now speaks for Te Rūnanga o Te Rarawa, and in particular appears to know more about Te Rarawa’s business than its own lawyer. She asked the Crown to point out the lands on Ngāti Kahu’s map that the Crown has promised to Te Rarawa because she didn’t know.
4. Independent Constitutional Transformation Working Party scheduling hui throughout country
Since receiving funding from the JR McKenzie Trust, the Independent Constitutional Transformation Working Group of the National Iwi Chairs’ Forum that Moana Jackson and I lead has been meeting regularly. The group has been preparing information to go out round the country in various forms. There is a facebook page http://www.facebook.com/groups/255626237800835/#!/groups/255626237800835/ with a lot of information. Mike Smith is making a documentary. The Group is holding a series of wānanga over the next few months to make sure that key questions relating to a constitution based on tikanga, He Whakaputanga and Te Tiriti are fully understood and debated. And, yes, I’ve told the Group that the kuia and kaumātua of Te Hiku o Te Ika consider the group should not reinvent a constitution when we’ve already got it in He Whakaputanga. We are organizing hui with hapū, iwi and Māori groups throughout the country to discuss what rules our whānau and hapū want to live by and the kaupapa that will underpin those rules. We are hoping to have a Taitokerau hui organized for sometime in May. If the Rūnanga would like Moana Jackson to come to one of our hui to talk about the constitution, we can organize that.
Moana Jackson, Cat Davis and I will be attending the United Nations Permanent Forum on Indigenous Issues in May. Podge will accompany me and I will be representing Ngāti Kahu. This year the Forum is discussing the Doctrine of Discovery and constitutional issues.
Professor Margaret Mutu
27 March 2012