Te Rūnanga-ā-Iwi o Ngāti KahuLand Claims Report for July 2013
1. Judicial Review of the Waitangi Tribunal’s Report – on-going
2. Appeal to the Supreme Court on Te Ana o Taite
3. Rumours of Crown Offer For a Full and Final Extinguishment of All Ngāti Kahu Claims
4. Ngāti Kahu Trust Board Taking Legal Action Against Ngāti Kahu Mortgage Services Ltd
5. Next National Iwi Chairs’ Forum Hui – 8-9 August, Tainui hosting
Summary:
Barrister Royden Hinden, like Brendon Brown QC before him, has advised that there are grounds for judicial review of the Waitangi Tribunal’s report on our application for binding recommendations. He has posed a number of questions for the team to answer before he proceeds.
Our application has been filed in the Supreme Court for leave to appeal the Court of Appeal’s decision in respect of Carrington Farms and Far North District Council.
Minister of Treaty Negotiations, Chris Finlayson, has been advised to put his offer to settle Ngāti Kahu’s pre-1865 land claims in the post. He has also been advised that Te Rūnanga-ā-Iwi o Ngāti Kahu continues to hold the mandate to conduct Ngāti Kahu’s Treaty of Waitangi claims.
The Ngāti Kahu Trust Board has filed legal action against Ngāti Kahu Mortgage Services Ltd to have the $1.6m of debt it owes that company (and the Rūnanga/marae of Ngāti Kahu who own the company) written off. Instructions from our last hui on this are being carried out.
The next National Iwi Chairs’ hui will be hosted by Tainui and held at their complex at Hopuhopu on 8-9 August. The pōwhiri is at 10am on Thursday 8 August. I will only be present that day. I have a Constitutional Transformation hui in Auckland on the Friday.
1. Judicial Review of the Waitangi Tribunal’s Report – on-going
Barrister Royden Hinden, like Brendon Brown QC before him, has advised that we do have grounds to take the Waitangi Tribunal on judicial review over its report declining our application for binding recommendations. However he has only considered the report and other opinions in a preliminary manner, and has asked to take a more careful look at everything before forming a final view.
He has posed a number of questions for the team to answer before he proceeds including what the likely practical outcome would be if the High Court did order the Tribunal to reconsider our application. We do need to consider the (highly illegal) threat to the existence of the Tribunal should it ever make binding recommendations and the likelihood that it will make only minimal recommendations. We are currently considering those.
2. Application to the Supreme Court on Te Ana o Taite
Following the unanimous decision at our June Rūnanga hui to proceed to the Supreme Court, our application for leave to appeal was filed in the Supreme Court on 9 July. We are seeking to have Carrington Farms and the Far North District Council adhere to the out of court settlement in which they both agreed that no development would take place within 800 metres of the mean highwater mark. That agreement protects Te Ana o Taite from desecration and prevents any building or development activity there. We are waiting for the court to indicate how it will deal with our application.
3. Rumours of Crown Offer For a Full and Final Extinguishment of All Ngāti Kahu Claims
The Minister of Treaty Negotiations has been advised to put in the post to us any offer he may have in respect of Ngāti Kahu’s land claims.
The only response we have received came in on 2 July and was an informal request for the background to our response. Te Kani Williams advised the Crown agent that the Minister’s attitude to Ngati Kahu meant that Ngati Kahu have no particular wish to meet with him. His attitude has been demonstrated by his decision to allocate almost all Ngāti Kahu’s forest interests to other iwi and telling Ngāti Kahu to “go to hell” in respect our Maheatai lands.
The Crown agent asked whether an offer would be distributed amongst the people of Ngati Kahu. He was told that if the Crown actually has an offer then it should make it. If it doesn’t then it should say so and then at least Ngati Kahu know what the position is for the Crown. Although he said he would get back to Te Kani we have heard nothing since.
I note that it is now six months since the Waitangi Tribunal gave detailed instructions to the Crown on the offer it should make to settle our pre-1865 claims.
Letters have been sent by a number of Ngāti Kahu claimants telling the Minister that contrary to his assertion on national television, the mandate to conduct Ngāti Kahu’s treaty claims is not under threat and it continues to be held by Te Rūnanga-ā-Iwi o Ngāti Kahu. Staff in his office have sent responses acknowledging receipt of the letters. No response has been received from the Minister.
4. Ngāti Kahu Trust Board Taking Legal Action Against Ngāti Kahu Mortgage Services Ltd
As reported at our last hui, the Ngāti Kahu Trust Board has filed legal action against Ngāti Kahu Mortgage Services to have the $1.6m of debt it owes that company (and the Rūnanga/marae of Ngāti Kahu who own the company) written off. Instructions from our April hui were that the debt is not to be written off and any attempts by the Trust Board to do so would be rigorously opposed.
Ngāti Kahu Mortgage Services Ltd, on the instructions of the marae of Ngāti Kahu, purchased the debt over the Ngāti Kahu farm at Taipā from Westpac Bank in 2003 when the Bank took action to recover it. The Bank would have sold the farm if we had not purchased the debt. The Trust Board has never paid any of the debt and as a result the debt has been mounting. Ngāti Kahu Mortgage Services Ltd took over the farm when the Trust Board refused to make any payments and has received rentals from the lease holder over the past ten years. Those payments have been insufficient to cover the interest on the debt and none of the principle has been paid off. As a result the debt has now risen to $1.6m.
The response to the Trust Board’s legal action will be filed in the High Court by 1 August.
Professor Margaret Mutu
21 July 2013