Te Rūnanga-ā-Iwi o Ngāti KahuLand Claims Report for September 2013
1. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
2. Judicial Review of the Waitangi Tribunal’s Report – on-going
3. Ngāti Kahu Trust Board Taking Legal Action Against Ngāti Kahu Mortgage Services Ltd
4. Appeal to the Supreme Court on Te Ana o Taite – on-going
Summary:
Work on providing a commercially and strategic assessment of the Crown’s offer to extinguish our claims will start once OTS has released Ngāti Kahu monies for the work.
Our application to review the Waitangi Tribunal will depend on the instructions of whānau, hapū and marae in respect of the Crown’s offer.
The Ngāti Kahu Trust Board is still continuing with its action in the High Court against Ngāti Kahu Mortgage Services Ltd. The hearing will take place in February 2014 in Whangarei.
We are awaiting a decision from the Supreme Court on our application for the protection of Te Ana o Taite.
1. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
At our August Rūnanga hui we went over the offer and the analysis carried out by our Treaty Negotiations team. It was clear that there were a number of questions about the offer that needed answering, including whether it was commercially or strategically viable. The team was instructed to carry out that work and to source the necessary funding to do it. Once our questions have been answered to the satisfaction of the people we will be able to make a decision about what we will do with the offer.
Our commercial advisors have recommended specific work be carried out. We have been told that the Office of Treaty Settlements is still holding Ngāti Kahu money that would pay for this work. We have authorized its release but OTS bureaucrats are trying to delay it. Once it is released the work can commence.
2. Judicial Review of the Waitangi Tribunal’s Report – on-going
The situation here remains unchanged from last month - Barrister Royden Hinden needs to know our decision on the Crown’s offer before he can continue preparing an application to the High Court for a judicial review of the Waitangi Tribunal’s refusal to grant us binding recommendations ordering the Crown to return some of our lands.
3. Ngāti Kahu Trust Board Taking Legal Action Against Ngāti Kahu Mortgage Services Ltd
The Ngāti Kahu Trust Board is still continuing with its action in the High Court against Ngāti Kahu Mortgage Services Ltd seeking to have the large debt it owes written off. The High Court has now set down a hearing date. It is 17, 18 and 19 February 2014 in the High Court in Whāngarei.
4. Application to the Supreme Court on Te Ana o Taite
The situation here remains unchanged from last month - we are still awaiting a decision from the Supreme Court on our application for leave to appear before them on the matter of the protection of Te Ana o Taite. Our application seeks 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 high-water mark. That agreement protects Te Ana o Taite from desecration and prevents any building or development activity there. Carrington Farms will be free to build anywhere else to the landward side of the 800 metre setback.
Professor Margaret Mutu
18 September 2013