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June 2014

Submitted by admin2 on Fri, 26/09/2014 - 3:46pm

Te Rūnanga-ā-Iwi o Ngāti Kahu
Land Claims Report for June 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. Comments being received on the Ngāti Kahu Deed of Partial Settlement
5. Judicial Review of the Waitangi Tribunal’s Report – awaiting Tribunal and Crown responses
6. Crown Legislating to Steal Ngāti Kahu’s Forestry Rentals
7. National Iwi Chairs’ Forum – Te Kuiti 29-30 May

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 received many helpful comments.

We are awaiting the Waitangi Tribunal’s and the Crown’s responses 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.

Our Taumata Kaumātua will be speaking with our MP about the government’s bill that will steal our Crown Forestry rental monies.

I attended National Iwi Chairs’ Forum on 29-30 May in Te Kuiti.

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, twice now to discuss their proposal to settle out of court. A third meeting is scheduled for 25 June at 9am at Carrington’s offices.

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. Two people from the Trust Board have asked to meet with our lawyers.

3. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
Several marae indicated at our last Rūnanga hui that they have not yet decided what to do about the Crown’s offer.

4. Work on publication of the Ngāti Kahu Deed of Partial Settlement continues
A number of very helpful comments on the latest draft of our book have come in and I’ve been including them into the draft. A few people are preparing extra material to be included. All comments are most welcome. 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 and the Crown’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. The due date is now 7 July.
6. Crown Legislating to Steal Ngāti Kahu’s Forestry Rentals
Our Taumata Kaumātua attended the AGM of Te Hiku Mana party to speak to 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 not at the AGM (he was in parliament). A meeting with him is to be arranged. In the meantime, all Māori MPs are being approached to assist with this matter.

7. National Iwi Chairs’ Forum 29-30 May
Anthony Housham and I attended this hui in Te Kuiti. It was well attended with about 50 iwi chairs or their representatives present. Chairs from Te Taitokerau were present representing Ngāti Kurī, Ngāi Takoto, Ngāti Kahu, Te Rarawa, Ngāpuhi, Ngāti Hine, Ngāti Wai, Ngāti Manuhiri, Te Uri o Hau and Ngāti Whātua.
• The new French ambassador introduced himself briefly.
• John Tamihere, representing the North Island Whānau Ora Commissioning body, Te Pou Matakana, spoke about the intention of this new body to ensure that Whānau Ora initiatives are delivered by experienced and properly qualified Māori providers rather than the Pākehā social service providers who have been dominating this area. National Iwi Chairs Forum will have a representative on this body – Pāhia Tūria, Tariana’s son.
• National Māori Tobacco Control Leadership Service asked for support to ban smoking. The good work done by the Māori Affairs select committee in this area is being undermined by the very powerful tobacco industry. The Forum was happy to support their request.
• A group representing all nine iwi in Te Waipounamu (South Island), Te Pūtahitangi o Te Waipounamu – Te Oranga o Te Whānau, gave a presentation on how they have come together and are looking forward to supporting and working on Whānau Ora initiatives. (This is the commissioning body for Whānau Ora for Te Waipounamu.)
• The Freshwater Iwi Leaders’ Group reported on-going difficulties with the government. Under strong lobbying from the farming and industry sectors the government has decided that freshwater needs only to be of sufficient quality for people to be able to wade in it. It will not be required to meet swimming quality. The Group is strongly opposed to such wilful pollution of the country’s waterways. They are also having on-going difficulty getting the government to discuss the rights and interests of hapū. The Waitangi Tribunal has said several times now that Māori rights and interests amount to ownership of the water.
• Minister of Māori Affairs, Pita Sharples, attended (with Deputy Prime Minister Bill English). He talked mainly about the budget. When asked what had happened to the Māori Party’s undertaking in 2008 to have the treaty claims settlement policy reviewed so that Māori and the government could agree on what it is to be, he admitted that nothing had been done. He was advised that it is most important that this does happen. Bill English gave a presentation on the budget which made some very fanciful and unrealistic claims about how well the government is doing.
• The Matauranga (Education) Working Group gave its usual fulsome praise of the Minister of Education and then attacked the Kohanga Reo for not kowtowing to the Minister’s demands that they become Early Childhood centres. Doing that would mean that Kohanga Reo would no longer focus on te reo. This group has little credibility having been established at the behest of that Minister. Her brother, Selwyn Parata, heads it although he has now stood aside and been replaced by Haami Piripi.
• A group from Paramatta, Sydney, attended asking for support to build a marae there. They were accompanied by two aboriginal representatives. They were politely received but their request was referred back to iwi for consideration. Many whānau, hapū and iwi are not supportive of a marae overseas as they prefer that their people come home if they need to use a marae.
• A presentation on a proposed whatarangi (ceremonial store house) being carved for the United Nations and a pou maumahara (memorial post) commemorating World War I was well received.
• I reported that Moana Jackson is writing up the constitutional model and has completed a report for Pita Sharples. The Human Rights Commission provided a report on the United Nations Universal Periodic Review of New Zealand that had numerous recommendations relating to the government’s poor treatment of Māori. It included four recommendations for the government to reach agreement with Māori on the treaty claims settlement policy and process.
• Otorohanga High School made a presentation requesting signatures for a petition for a commemorative holiday for the British Wars against Māori in Northland, Taranaki, Waikato and Tauranga Moana of the 1800s.
• The Forum was briefed on the process for continuing or replacing Ngā Pae o te Māramatanga – the National Centre of Māori Research Excellence which is currently housed at the University of Auckland. The Royal Society refused to continue its funding but under pressure from a large number of Māori and international indigenous researchers, the government has agreed to fund a Māori research body. National Iwi Chairs Forum expects to have representation on its board.
• The Oil and Mineral Iwi Leaders Group are battling to stop the mining of iron sands off the Taranaki coast. It was announced this week that the Environmental Protection Agency has declined permission for the mining.
• The Climate Change Iwi Leaders Group is still fighting the government to remedy the value of the emissions trading units received in settlements which have plummeted in value from $25 each to just 14 cents.

Professor Margaret Mutu
20 June 2014