Te Rūnanga-ā-Iwi o Ngāti Kahu
Land Claims Report for May 2014
1. Appeal to the Supreme Court on Te Ana o Taite – out of court settlement proposal still under discussion
2. Ngāti Kahu Trust Board Agreement to Settle Their Litigation Against Ngāti Kahu Mortgage Services Ltd being implemented
3. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
4. Full draft of the Ngāti Kahu Deed of Partial Settlement now completed
5. Judicial Review of the Waitangi Tribunal’s Report – statement of claim completed
6. Crown Legislating to Steal Ngāti Kahu’s Forestry Rentals
7. Te Kahu o Taonui – Taitokerau Iwi Chairs – 23 May – National Iwi Chairs’ Forum – Te Kuiti 29-30 May
Summary:
Discussions are on-going concerning the proposal from Carrington Farms’ new owners, Shanghai Cred, about an out of court settlement. It includes not building on Te Ana o Taite.
Our Rūnanga lawyers are continuing with the legal work needed to implement the agreement by the Ngāti Kahu Trust Board to settle the litigation it took in the High Court against Ngāti Kahu Mortgage Services Ltd.
A final decision on the Crown’s offer awaits the response of several marae.
The second full draft of our Deed of Partial Settlement has been completed and is available for comment.
We are awaiting the Waitangi Tribunal’s response to our statement of claim to the High Court for a judicial review of their refusal to issue binding recommendations or to review the deeds of settlement of Te Aupōuri, Te Rarawa and Ngāi Takoto.
I have spoken to our MP about the government advising that it will pass legislation so that it can steal our Crown Forestry rental monies.
I attended Te Kahu o Taonui on 23 May and will attend National Iwi Chairs’ Forum on 29-30 May and report back at our hui the next day.
1. Appeal to the Supreme Court on Te Ana o Taite – out of court settlement proposal still under discussion
We have met with Carrington Farms’ new owners, Shanghai Cred, to discuss their proposal to settle out of court. A follow up meeting is being arranged. Karikari marae and Haititaimarangai marae are following this closely.
2. Ngāti Kahu Trust Board v Ngāti Kahu Mortgage Services Ltd
Our lawyers are continuing with drafting up the necessary documentation to implement the settlement of this litigation. Response from the Board’s lawyers has been intermittent.
3. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
Several marae indicated at our last Rūnanga hui that they were still considering the implications of the Crown’s offer. Queries are continuing to come in.
4. Work on publication of the Ngāti Kahu Deed of Partial Settlement continues
The second full draft of our Deed of Partial Settlement is now completed and is available for comment. It is a very substantial work – some 457 pages with all the photos stripped out! I circulated the hapū kōrero several months ago and received a lot of really helpful feedback. I’d really appreciate feedback on any or all parts of the current full draft. You can email Anahera for an electronic copy (it’s big - 6 MB) and then print out the parts that are of particular interest for you. Anahera has a printed copy at the office.
5. Judicial Review of the Waitangi Tribunal’s Report – on-going
We are awaiting the Waitangi Tribunal’s response to our application to review their decision not to make binding recommendations or to inquire into the Deeds of Settlement of Te Rarawa, Te Aupōuri and Ngāi Takoto. It is due this week.
6. Crown Legislating to Steal Ngāti Kahu’s Forestry Rentals
I spoke briefly with our MP Hōne Harawira about the government’s intention to pass legislation that will transfer all of Ngāti Kahu’s accumulated rentals held by the Crown Forestry Rental Trust to the Public Trust until such time as Ngāti Kahu agrees to the Crown-determined full and final settlement of all our claims. He was unaware of the situation.
7. Te Kahu o Taonui – Taitokerau Iwi Chairs – 23 May
Anthony Housham and I attended the hui of Te Kahu o Taonui held in Kaikohe on 23 May. Only five iwi chairs attended – Ngāti Kahu, Ngāti Kurī, Ngāti Whātua, Ngāpuhi and Te Rarawa. CEOs attended from other iwi.
Iwi reported on where their treaty claims were at. Te Rarawa, Te Aupōuri, Ngāti Kurī and Ngāi Takoto do not expect their legislation to be passed this year. Ngāi Takoto was the only one talking about distributing its settlement (in scholarships etc.) Others are sorting out internal matters. Ngāpuhi and Ngāti Wai are still sorting out mandating issues. Ngāti Whātua’s hapū are each settling their own claims. The claim to the Kaipara harbour is being settled.
The Northland Police commander and some of his Māori staff had been invited and described at some length the improvements he is making to police treatment of Māori in Te Taitokerau.
The representatives that Te Kahu o Taonui appointed to the Northland District Health Board have resigned because they are being ignored.
The Taitokerau Iwi CEOs have drawn up an economic development plan that they are asking be considered.
Kevin Robinson (CEO Te Rarawa) was appointed to a committee considering how Te Ohu Kaimoana should be reviewed.
Northland Regional Council and Far North District Council have both refused to consider including any Māori representation. It doesn’t help when those pushing for Māori involvement use documentation stating that Māori ceded sovereignty to the Crown. They were told to remove it.
There was a terse discussion about Ngāti Hine not being allowed to participate in National Iwi Chairs’ Forum. It was decided that only iwi can decide whether their hapū can participate and Ngāpuhi insists that Ngāti Hine is still their hapū. My comment that Ngāti Hine was recognised as an iwi several decades ago fell on deaf ears.
Marae throughout Te Taitokerau are desperately trying but are increasingly unable to pay to insure their buildings. It was recommended that Rūnanga underwrite marae insurance.
Professor Margaret Mutu