Te Rūnanga-ā-Iwi o Ngāti Kahu
Land Claims Report for December 2012 – January 2013
1. Waitangi Tribunal’s decision on our application for binding recommendations is still being awaited.
2. Judicial review into the Waitangi Tribunal’s decision not to inquire into the Deeds of Settlement of Te Aupōuri, Te Rarawa and Ngāi Takoto
There is very little to report over this period. December 2012 and early January 2013 have been very quiet. We are still waiting for the Waitangi Tribunal’s decision on our application for binding recommendations. We expect it will be available by the end of this month or the beginning of next month. I did indicate in my November report that it was a matter of concern that the Tribunal is unable to report before this. In effect this allows the government to legislate the theft of very large tracts of Ngāti Kahu land around Hukatere, Rangiāniwaniwa, Tangonge, Te Maki, Kaitāia and Takahue by vesting it solely in Ngāi Takoto, Te Rarawa and Te Aupōuri and excluding Ngāti Kahu.
However, as I have indicated in earlier reports, we need to bear in mind that the Tribunal is under very serious threat from the government if it does uphold our claim for binding recommendations. We should therefore be prepared for a result that appeases the government sufficiently to allow the Tribunal to keep operating. And yes, it is highly illegal and a clear breach of the rule of law for the government to threaten and bully the Tribunal, yet it has been doing so since at least 1997.
We are continuing to discuss the matter of a judicial review of the Waitangi Tribunal’s decision not to inquire into the Deeds of Settlement of Te Aupōuri, Te Rarawa and Ngāi Takoto with Rodney Harrison QC. I will report on this at our hui on 19 January at Kēnana marae.
Professor Margaret Mutu
14 January 2013