Te Rūnanga-ā-Iwi o Ngāti Kahu Land Claims Portfolio
Report for October 2018
1. Waitangi Tribunal - judicial review and trade agreements claim
2. National Iwi Chairs Forum
Summary
A short report this month:
• The hearing of the judicial review of the Waitangi Tribunal for not making binding recommendations as instructed by the Court of Appeal has been set down for 21-22 February 2019.
• Ngāti Kahu has amended our statement of claim against the Trans Pacific Partnership Agreement.
• National Iwi Chairs Forum will meet in Dunedin 31 October to 2 December.
1. Waitangi Tribunal - judicial review and trade agreements claim
The application to the Waitangi Tribunal for binding recommendations is on hold awaiting the outcome of a review by the High Court. The Court of Appeal ordered the Tribunal to make binding recommendations in December 2016. The High Court will review the Tribunal’s refusal to carry out that order. The hearing will take place on 21 and 22 February 2019 in the Wellington High Court.
Ngāti Kahu is also participating in the claim against the Trans Pacific Partnership Agreement. The United States of America withdrew from this agreement in 2016 and so negotiations ceased. However, the new Labour-led government agreed to an almost identical agreement, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), without any consultation. As such, the Tribunal’s inquiry on this matter is continuing and we have filed an amended statement of claim.
2. National Iwi Chairs Forum – hui in Dunedin 31 October – 2 December 2018
At the time of writing we have not received the agenda for this three-day hui. The last hui agreed that the first day would be set aside to finalise the review of the Forum’s strategy and policy and for a workshop on what a treaty partnership with the Government will look like and how it will work.
The second and third day will cover reports from each of
• Te Pou Tikanga (Constitutional transformation, the Monitoring Mechanism, the National Plan of Action for the implementation of the UN Declaration on the Rights of Indigenous Peoples and the treaty claims settlements);
• Te Pou Taiao (fresh water, mining, climate change and conservation);
• Pou Tangata (Rangatahi-ā-Iwi, Whānau Ora, Oranga Tamariki, Justice, Education, Housing);
• Pou Tāhua (Iwi/Crown Economic Taumata, Housing, Ture Whenua).
Part of the third day will be set aside for Ministers of the Crown if they wish to attend. It has been suggested that there be a session with Ministers on establishing a treaty-based relationship between the Forum and the government. Mā te wā…
Professor Margaret Mutu
22 October 2018