Te Rūnanga-ā-Iwi o Ngāti Kahu Land Claims Portfolio
Report for April 2019
1. Waitangi Tribunal - judicial review decision
2. National Iwi Chairs Forum – visit of the UN Expert Mechanism on the Rights of Indigenous Peoples 8 to 13 April
Summary
• The decision of the High Court on our application that it judicially review the Waitangi Tribunal for the process it wants to undertake to make binding recommendations is now out. The court has declined to review the Tribunal.
• The Monitoring Mechanism of National Iwi Chairs Forum co-hosted the United Nations Expert Mechanism on the Rights of Indigenous Peoples in Auckland and Wellington from 8 to 13 April.
1. Waitangi Tribunal - judicial review decision
The High Court has issued its decision on our application that it judicially review the Waitangi Tribunal for the process it wants to undertake in making binding recommendations in response to the Ngāti Kahu remedies application. The court has declined to review the Tribunal. It considers our application is premature and that the Tribunal has not yet made a decision on binding recommendations that it can review. That was not what we asked the court to review. We asked it to review the Tribunal’s decision about the process it will use. The court considers that the Tribunal is only in the preliminary stages of deciding what needs to be done. The previous Tribunal decided not to make binding recommendations and as such never did any of the work needed so that it could decide who the lands should be returned to. This Tribunal now needs to do that work and the legislation says that anyone who has an interest greater than that of the general public can be heard about who the land is to be returned to. The Tribunal has asked all parties how it should go about doing that and the court has agreed that that is the correct approach at this stage. Your negotiators are waiting on legal advice on whether this decision should be appealed or whether we should continue with the Tribunal’s process.
2. National Iwi Chairs Forum – visit of the UN Expert Mechanism on the Rights of Indigenous Peoples 8 to 13 April
Two members of the United Nations Expert Mechanism on the Rights of Indigenous Peoples (whose meetings we attend in Geneva each year) visited us for a week in April to help us with a National Plan of Action to implement the United Nations Declaration on the Rights of Indigenous Peoples. The members who came were Laila Vars (Sami) and Edtami Mansayagan (Philippines). Megan Davis (Australia) was unable to make it.
The Independent Monitoring Mechanism (of National Iwi Chairs Forum) and the Human Rights Commission hosted them. We have been working with Nanaia Mahuta as Minister of Māori Affairs on this and the government agreed to the visit and also met with the Expert Mechanism.
Our Taumata Kaumātua o Ngāti Kahu travelled to Auckland for the pōwhiri and briefing on Monday 8 April at Waipapa Marae at the University of Auckland and the Māori community hui at Hoani Waititi marae on the Tuesday. Large numbers attended both days including Te Whakaminenga o ngā Hapū o Nu Tireni. The common theme in Auckland was that the government get out of the way and give Māori the resources to make our own decisions for our own lives. Constitutional transformation was discussed in the informal discussions’ session. We gave the experts our list of priorities for the National Plan of Action: 1) Constitutional Transformation; 2) Self-determination; 3) Lands, Territories and Resources; 4) Cultural rights; 5) Equality and non-discrimination; 6) Practical implementation and technical assistance.
On Wednesday the Experts flew to Wellington and met with Nanaia and Andrew Little. The Monitoring Mechanism and the Human Rights Commission accompanied them. Nanaia was looking for advice on what to include in a National Plan of Action. However, it seems the government has decided only their own priorities will be included. They are very different from ours. They also indicated that they will decide who can be involved in drawing up the Plan – not a good start.
On the Thursday some of us accompanied the Experts to meet with government departments. I did not go. We then went to meet judges of the Waitangi Tribunal. They emphasized the importance of the Declaration and the need to implement it. We then met with Moana Jackson, Mereana Pitman, Carwyn Jones and several rangatahi at Victoria University. This hui focused on constitutional transformation. Mereana Pitman asked that the Experts say something about Pākehā who have created a huge industry based on Māori poverty, misery and marginalization. She called it industrialised misery and explained that many thousands of Pākehā make a good living in that industry and would be loath to see it go out of existence.
On Friday we accompanied the Experts to Pipitea marae in Wellington to hear from the Māori community. It was another very well attended hui and many community groups made presentations. The messages were the same as in Auckland but in addition, many of the groups emphasized the urgent need for constitutional transformation.
On Saturday the Experts wrapped up their visit indicating that they would provide a technical note of advice. They also indicated that they would like to come back in a few years’ time to see what progress had been made on implementing a National Plan of Action for the Declaration on the Rights of Indigenous Peoples.
Professor Margaret Mutu
23 April 2019