Te Rūnanga-ā-Iwi o Ngāti Kahu Land Claims Portfolio
Report for November 2018
1. Passing of Ngāti Kahu’s Head Claimant
2. Waitangi Tribunal - judicial review
3. National Iwi Chairs Forum
Summary
• It has been a very sad month with the passing of our head claimant, Archdeacon Emeritus Timoti Paihana Flavell.
• Our legal team has been preparing for the hearing of the judicial review of the Waitangi Tribunal for not making binding recommendations. It is set down for 21-22 February 2019.
• National Iwi Chairs Forum met in Dunedin 31 October to 2 December.
1. Passing of Ngāti Kahu’s Head Claimant
He aitūā kua pā mai ki a Ngāti Kahu. Kua hinga te tōtara nui i te wao nui a Tāne, tērā te kaumātua rangatira ko Tīmoti Paihana Flavell. I te 13 Noema ia i hinga ai i te hohipere i Kaitāia. Nō reira e te matua, e te kaiwhakaruruhau o ngā hapū, o te iwi o Ngāti Kahu, takahia te huarahi o rātou mā kia hoki atu ki Hawaiki nui, ki Hawaiki roa, ki Hawaiki pāmamao, te Hono-i-wairua. E kore koe e warewaretia.
It was with great pain and sadness that Ngāti Kahu marked the passing of our head claimant and the chair of the Taumata Kaumātua o Ngāti Kahu. He is the second head claimant to pass on (McCully Matiu passed away in 2001). Both spent many years passing the knowledge they had gained from their ancestors to our and the following generations.
Timoti joins his wife, Vera, and the many of our kuia and kaumātua who have led and guided our tiriti claims against the Crown over the decades. We bid him a peaceful transition as he joins his and our loved ones.
2. Waitangi Tribunal - judicial review
Preparation is underway for the hearing of the review of the Waitangi Tribunal’s refusal to follow the Court of Appeal’s instructions and make a decision on binding recommendations for the return of Ngāti Kahu’s lands. I signed off an affirmation to the High Court on 23 November. It set out the steps Ngāti Kahu has taken to have the Tribunal carry out the Court of Appeal’s instructions. It also sets out how both the Tribunal and the Crown have attempted to deny Ngāti Kahu our legal entitlement to have our lands returned. The hearing will take place on 21 and 22 February 2019 in the Wellington High Court.
3. National Iwi Chairs Forum – hui in Dunedin 31 October – 2 December 2018
The first day was 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 review was completed. The workshop produced the following framework defining the relationship between Rangatira and the Crown. The full Forum accepted it the next day and presented it to Nanaia Mahuta (Minister of Māori Development) and Kelvin Davis (Minister of Māori-Crown Relationships) on the Friday. Kelvin asked for a meeting before Christmas to discuss it. That meeting takes place on 4 December in Wellington.
TE TIRITI PARTNERSHIP FRAMEWORK
ARTICLES
Kāwanatanga (Governance)
Rangatiratanga (Self-determination)
Rite Tahi (Non-discrimination)
AGREEMENTS
Rangatira gave and the Crown accepted an authority to govern tauiwi and to act in a partnership with Rangatira, the primary partner.
Rangatira kept and the Crown promised to protect their Tino Rangatiratanga including self- determination.
The Crown gave whānau the guarantee of full participation, enjoying the same rights as British subjects.
OBLIGATIONS:
Legislation policy and practices for tauiwi will be developed in partnership with Rangatira and be inclusive of tikanga.
Tino Rangatiratanga, reo, tikanga, wairuatanga, marae, mātauranga will be protected and revitalised,
Whānau will participate in their communities as equals, without discrimination
There appears to be little or no engagement between the Forum and the government on a number of other matters including the ownership of freshwater, Whānau Ora, conservation, climate change, justice, education.
After we spoke with Nanaia and Kelvin on the Friday, they were joined by Jacinda Ardern (Prime Minister), David Parker (Attorney General, Minister for the Environment) and Andrew Little (Minister of Treaty Negotiations). While Kelvin is prepared to discuss a Tiriti partnership, David Parker refused to answer the question “Who is the Crown’s partner?” Kelvin has a lot of work to do if this matter is going to make any progress.
Ahorangi Margaret Mutu
27 November 2018