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September 2014

Submitted by admin2 on Wed, 03/12/2014 - 2:05pm

Te Rūnanga-ā-Iwi o Ngāti Kahu
Land Claims Report for September 2014

1. Appeal to the Supreme Court on Te Ana o Taite – out of court settlement still being worked on
2. Ngāti Kahu Trust Board Litigation Against Ngāti Kahu Mortgage Services
3. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
4. Te Paparahi o Te Raki hearings Week 10 Whangaroa 22-26 September
5. Progress towards publication of the Ngāti Kahu Deed of Partial Settlement
6. Judicial Review of the Waitangi Tribunal’s Report
7. Government Legislating to Steal Ngāti Kahu’s Forestry Rentals

We are finalising the out of court settlement with Carrington Jade and addressing a resource management issue.

It has been another quiet month on the Ngāti Kahu Trust Board out of court settlement.

A final decision on the Crown’s offer continues to await the response of several marae.

Week 10 of the hearings for Te Paparahi o Te Raki district will consider claims in the Whangaroa area. Several overlap into our territories.

Amendments to our Deed of Partial Settlement continue to be worked on prior to sending off to the publisher.

Our application to the High Court for a judicial review of Waitangi Tribunal’s refusal to issue binding recommendations or to review the deeds of settlement of Te Aupōuri, Te Rarawa and Ngāi Takoto will be heard after February next year.

We have received acknowledgements from both the Federation of Māori Authorities and the New Zealand Māori Council on the government moving to steal our forestry rentals.

My report on the National Iwi Chairs’ Forum held on 28-29 August is presented here.

1. Appeal to the Supreme Court on Te Ana o Taite – out of court settlement being worked on
Our lawyers, James Gardner-Hopkins and Daniel Minhinnick of Russell McVeagh have been working through the out of court settlement agreement with Carrington Jade’s lawyers. I have continued to have discussions with Cliff Wan, director of Carrington Jade, on specific matters in the agreement and we are aiming to have it finalised in October.

Carrington Jade is currently building houses on its subdivision behind Rangiāwhia Kura. Their consultants did not conduct the proper resource consent processes, either with Te Whānau Moana or with the Far North District Council and problems have arisen as a result. Haititaimarangai marae and the Rūnanga have advised Cliff Wan and sought a meeting with him to have the problem resolved. He is seeking advice from his headquarters in Beijing.

2. Ngāti Kahu Trust Board v Ngāti Kahu Mortgage Services Ltd
We are still waiting on the Trust Board’s response to the drafts we provided to complete the requirements for an out of court settlement. The Board will need to seek another extension for completion from the High Court.

3. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
Several marae continue to indicate that they have not yet decided what to do about the Crown’s offer. Our CEO is visiting them to provide information on the offer.

4. Te Paparahi o Te Raki hearings Week 10 Whangaroa 22-26 September
The Waitangi Tribunal is holding week 10 of its hearings into the Paparahi o Te Raki (Northland) claims from 22-26 September at Ōtangaroa marae. They are dealing with the Whangaroa claims. Some people giving evidence have strayed into Matarahurahu, Pikaahu and Te Paatu territory, coming right into Kohumaru, Mangōnui and Ōruru. These areas are in the Muriwhenua region and are being inquired into by the Muriwhenua Tribunal. As such we asked and the Tribunal has agreed to leave those areas to be addressed as part of the Muriwhenua claims. Matarahurahu and Pikaahu will be in attendance at Ōtangaroa marae next week.

5. Work on publication of the Ngāti Kahu Deed of Partial Settlement continues
Work has been continuing on changes to the final draft. I am currently working on Tahaawai’s section with Zarrah Pineaha’s input and Ngāti Ruaiti’s which is being written by Reremoana Rēnata. Aspects of the general Te Paatu section and Te Paatu ki Pāmapūria’s section also need revision which Hully Clark is directing. We are awaiting comments on Te Paatu ki Pēria’s section.

6. Judicial Review of the Waitangi Tribunal’s Report – on-going
The hearing for this in the High Court will take place sometime after February 2015.

6. Crown Legislating to Steal Ngāti Kahu’s Forestry Rentals
We have received acknowledgements from both the Federation of Māori Authorities and the New Zealand Māori Council in respect of this. Sir Eddie Taihākurei Durie (NZMC) will get back to us once he has considered the large amount of information we sent him. I will meet with Traci Houpapa (FOMA) on 8 October.

7. National Iwi Chairs’ Forum Tuahiwi Marae, North Canterbury, 28-29 August
Anthony Housham, Anahera Herbert-Graves and I attended this meeting at the beautiful new Tuahiwi marae in North Canterbury.
A number of reports were delivered on the first day.
• The Secretariat’s report included a letter sent by Ngāpuhi recording the resolution passed by Te Kahu o Taonui (Taitokerau Chairs) that “Te Kahu o Taonui supports iwi dealing with internal hapū issues and tautoko whatever the iwi decides”. Ngāpuhi sought the support of National Iwi Chairs’ Forum for this resolution. Unfortunately, the true purpose of this seemingly sensible resolution is to authorise Ngāpuhi to exclude Ngāti Hine from National Iwi Chairs’ Forum. Ngāti Hine has been acknowledged as an iwi in her own right by kaumātua of Ngāti Kahu for many years now. They are currently a member of National Iwi Chairs’ Forum.
Ngāti Hine naturally reacted very strongly to Ngāpuhi’s attempt to exclude them and a very unseemly and embarrassing argument took place between the chairs of the two iwi authorities, Sonny Tau and Waihoroi Shortland (who are brothers-in-law). I asked that the matter be left to be sorted at home (because Sonny Tau continues to refuse to meet with Ngāti Hine about it and the matter is before the courts) but Ngāpuhi insisted on pushing the resolution through. Many iwi chairs abstained but the motion was passed with Ngāti Hine and Ngāti Kahu opposing it. Ngāti Hine undertook to resolve this matter before the November hui. This will be important for when we host National Iwi Chairs’ Forum in February.
• The Oil, Minerals and Gas Iwi Leaders’ Group reported on Taranaki iwi being in the Court of Appeal to stop sand mining off their coast. Talk encouraging iwi to work with oil companies was disturbing and I asked that the record show that all iwi in Te Hiku o Te Ika are vehemently opposed to oil drilling off our coast.
• Chris Finlayson’s attempts to rewrite Te Ture Whenua Māori (Māori Land) Act have resulted in hui around the country. Seven resolutions that have resulted from that hui were put to the Forum and supported unanimously. They included
1. The Constitutional Iwi Leadership Group consider including in its brief:
the challenge that NZ legislation is built on a flawed process and a challenged view of the government’s right to make laws in this country; and
the request for an independent panel of experts to address the interpretation of Te Tiriti o Waitangi and The Treaty of Waitangi and outline what this means in terms of Maori rights and how law should be made in this country.

2. The Tiriti and the unique status of Maori land as “Taonga Tuku Iho” being fully reinforced in the Ture Whenua Maori Hou (“Ture Hou”) beyond the preamble of the 1993 Act, with the Ture Hou being the tuakana of all legislation dealing with Maori land.

3. The legislation relating to the rating, valuation and access (land locked and zero servicing) to Maori land being addressed at the same time as the Ture Hou...

4. The inclusion of provisions in the Ture Hou to enable the ability for all Maori land owners within a hapu or rohe to make their own laws in accordance with their tikanga.

5. Increasing the jurisdiction of the Maori Land Court, through the Ture Hou, as the specialist Court for all Maori land related issues and legal issues involving Maori, including concurrent jurisdiction with the District Court (for civil matters), Family Court (wills/succession) and Environment Court (including recommendation 3 above); jurisdiction to act as the Land Valuation Tribunal for Maori land; Requiring Authority powers for landlocked land and the jurisdiction to remove unused designated/paper roads or public works.

6. Te Tumu Paeroa being restructured, through the Ture Hou, to (1) have an Iwi appointed Board with a repatriation focus and (2) to be the agency to implement the Ture Whenua Maori Hou with all financial savings over the 5 year transition period being put back in to implementation.

7. A commitment from the government to 3 levels of resourcing for Maori land owners (1) zero transition costs for Maori land owners… (2) addressing landlocked lands (creating legal access; water and power), legally forced and continually objected to land amalgamations, and the removal of paper roads and other redundant public works designations (3) $3b investment over 3 years (as per the 2013 MPI report) and/or the financial instruments which enables Maori land owners to establish legal entities and develop their lands in the way that is optimum to them and consistent with their tikanga (including passive uses like urupā, wahi tapu, manuka honey, conservation, tourism etc.).

• The Freshwater Iwi Leaders’ Group is struggling to make headway with the government continuing to refuse to uphold the promise it made to the Supreme Court to discuss with Māori how Māori rights and interests (including ownership) of freshwater are to be recognized. A letter from the deputy prime minister says they will discuss it at our February hui.
• The Climate Change Iwi Leaders’ Group is continuing its campaign against the government reducing the value of carbon emissions trading units to almost $0, which has stripped $600m off treaty settlements. They will be addressing other pressing climate change matters such as conservation issues and the shockingly high number of forestry deaths.
• The Whānau Ora Iwi Leaders’ Group has agreed to a twelve person governance group for the Whānau Ora programme made up of six iwi chairs (Sonny Tau (Ngāpuhi), Naida Glavish (Ngāti Whātua), Rahui Papa (Tainui), Hope Tūpara (Ngāi Tāmanuhiri), Mark Solomon (Ngāi Tahu), Richard Steadman (Ngāi Te Ohuake)) and six government Ministers. They circulated their draft terms of reference which sets out how they will operate. My reading is that they will be a high level advisory group and that control of the programme will remain firmly with the government.
• The Mātauranga Iwi Leaders’ Group reported that the government’s divide and rule tactics has resulted in several groups of Māori researchers all vying for the National Centre of Māori Research Excellence that is currently hosted by the University of Auckland. A few iwi chairs were rather critical of the IT expert, Ian Young, who gave a good presentation demonstrating how young people can be very creative and innovative in the world of IT animation (he does the animation work we see in the America’s Cup, rugby and cricket coverage on TV).
• The Housing Iwi Leaders’ Group reported that the government is selling its housing corporation stock of houses to iwi. Most of these houses are in a very poor state of repair and so they are taking on a liability.
• The Constitutional Transformation Working Group is continuing to develop a model for a constitution for the country and will also consider establishing a mechanism for monitoring the government’s compliance with the United Nations Declaration on the Rights of Indigenous Peoples.
• On the Friday (which I did not attend) several projects were supported including a bronze whatarangi for the United Nations in New York as a symbol of the Māori endorsement of UNDRIP and a marae in Melbourne.
Professor Margaret Mutu
21 September 2014