Te Rūnanga-ā-Iwi o Ngāti KahuLand Claims Report for December 2014 – January 2015
1. Appeal to the Supreme Court on Te Ana o Taite – ceremony to mark settlement
2. Ngāti Kahu Trust Board Litigation Against Ngāti Kahu Mortgage Services – decision to be made on new proposal
3. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
4. Shared Interests with Ngati Kahu ki Whangaroa
5. Statement for Select Committee considering Te Hiku Claims Settlement Bill
6. National Iwi Chairs Forum, 4-5 February 2015, Kerikeri, Ngāti Kahu hosting
7. Further Report back on Constitutional Transformation project – 5 possible options for a new constitutional arrangement for the country
Summary:
Carrington Jade has requested a ceremony to mark the agreement we reached to settle out of court. It will take place around 7 February.
We discussed the Ngāti Kahu Trust Board’s proposal to vary the proposed out of court settlement for its action against Ngāti Kahu Mortgage Services. Marae will report their decisions at our 31 January hui.
A final decision on the Crown’s offer continues to await the response of two marae.
A statement recording our vehement objections is being prepared to send to the Māori Affairs Select Committee hearing views on Te Hiku Claims Settlement Bill.
We have yet to meet with the Federation of Māori Authorities about the government moving to steal our forestry rentals.
National Iwi Chairs’ Forum hui will take place at the Turner Centre in Kerikeri on 4-5 February. Ngāti Kahu will be co-hosting the hui with Ngāti Hine. There are a number of important issues on the agenda. Everyone is welcome to attend.
Matike Mai Aotearoa convened by Moana Jackson has proposed five possible options for consideration as new constitutional arrangements for the country.
1. Appeal to the Supreme Court on Te Ana o Taite – ceremony to mark settlement
On 24 December Tania Thomas and I signed the out of court settlement and the cooperation agreement with Carrington Jade. Cliff Wan asked if we could have a ceremony to mark the occasion while the head of Shanghai Cred, Mr Gui, is at Karikari in early February, possibly on February 7. We have agreed and are talking with Cliff about what the ceremony will involve.
2. Ngāti Kahu Trust Board v Ngāti Kahu Mortgage Services Ltd – amended proposal for consideration
At our Rūnanga hui in December we discussed the Ngāti Kahu Trust Board’s request to change the interim trustees. Instead of the chairpersons of the marae being the interim trustees until each marae has appointed its own trustee as previously agreed, they propose four interim trustees be appointed by the Rūnanga, four be appointed by the Ngāti Kahu Trust Board and an agreed independent chairperson also be appointed. They would be in place for six months only, after which the trustees appointed by each marae take over. During the six months the interim trustees must apply to the Māori Land Court to register the Ngāti Kahu Taipā Farm Trust as an ahu whenua trust.
The draft Ngāti Kahu Farm Trust Deed that our lawyers have drafted and that the Trust Board lawyers have agreed to was also tabled at our hui. Both these matters were referred back to the marae for consideration.
3. Offer from Crown to fully and finally extinguish Ngāti Kahu’s claims
Two marae have not yet decided what to do about the Crown’s offer.
4. Shared Interests with Ngāti Kahu ki Whangaroa
The chairperson of Ngāti Kahu ki Whangaroa attended a Karikari marae hui to ask about settling their claims to Whakaangi, Kohumaru and Ōtangaroa. He was directed to consult with the hapū who are mana whenua, namely Ngāti Ruaiti, Ngāi Takiora and Matarahurahu. A hui to discuss this matter is being convened.
5. Statement for Select Committee considering Te Hiku Claims Settlement Bill
A statement detailing Ngāti Kahu’s opposition to the bill is due to be sent to the Māori Affairs Select Committee on 30 January. It will cover our vehement opposition to:
· The bill claiming that Te Rarawa, Ngāi Takoto, Te Aupōuri and Ngāti Kurī have ceded their sovereignty and extinguished their underlying native title to their territories when they haven’t
· The exclusion of Ngāti Kahu from 12,000 ha of our lands on Te Oneroa-ā-Tōhē, including Hukatere, in the forest south of Hukatere and at Takahue, in Kaitāia, at Tangonge, at Rangiāniwaniwa, at Te Make (Sweetwater farm)
· Te Oneroa-ā-Tōhē Board being a committee of the Far North District Council and the Northland Regional Council. The board must be a stand-alone authority with decision-making powers in respect of the beach.
· Te Hiku Conservation Board being an advisory board to the Minister of Conservation who in turn appoints all members including the iwi representatives. The board must be a stand-alone authority with decision-making powers over the hapū lands that it manages.
· The government stealing our Crown forestry rentals and giving them to the Public Trust
· The government proceeding with this bill while several matters relating to it are currently awaiting hearing in the High Court in June 2015.
On the matter of the government stealing our Crown forestry rentals, I am hoping to get time to speak with Traci Houpapa (FOMA) at the National Iwi Chairs’ hui.
6. National Iwi Chairs’ Forum hui, 4-5 February 2015, Kerikeri, Ngāti Kahu hosting with Ngāti Hine
I have attached the invitation and agenda for this hui at the end of this report.
The agenda is very full at this stage with a large number of very important issues being addressed. They include Māori (hapū) ownership of freshwater; climate change and the government reneging on its responsibilities to lower carbon emissions; an update on the Whānau Ora policy and how it is being implemented; the five initial options for models for new constitutional arrangements; arrangements for a national hui in February on the future of Te Reo and the Human Rights Commission seeking direction on priorities for upholding the human rights of Māori.
In accordance with past Waitangi hui, we will meet with the Māori Party and then the government on the second day. We have asked both these groups to answer specific questions relating to freshwater, Whānau Ora, economic development, te reo, proposed amendments to Te Ture Whenua Māori Act and climate change.
On the evening before the hui there will be an evening cruise around Ipipiri organized by Ngāti Hine who have played a major role in organizing this hui. Ngāti Rēhia, mana whenua of Kerikeri, are also included in the arrangements.
Our Taumata Kaumātua o Ngāti Kahu are addressing the on-going issue with Te Rūnanga-ā-Iwi o Ngāpuhi attempting to stop Ngāti Hine co-hosting the hui.
7. Further Report back on Constitutional Transformation project – five possible options for a new constitutional arrangement for the country
We are now at a crucial point in our constitutional transformation project. Based on the information and views provided in the consultation hui, Matike Mai Aotearoa, the Constitutional Transformation Working Group has proposed five options as possible models for new constitutional arrangements that they are seeking feedback on. They are
· a possible Unicameral Model with one body made up of iwi/hapū and the Crown which makes decisions together
· a possible Bicameral Model made up of an iwi/hapū assembly and the Crown in two separate bodies
· three possible Tricameral Models:
1. an iwi/hapū assembly, the Crown and a joint deliberative body
2. an iwi/hapū assembly, the Crown and regional assemblies
3. an iwi/hapū assembly that includes urban representation, the Crown and a joint deliberative body
Moana’s comments on the discussions thus far on these options are:
At this stage the bicameral model with the Iwi/Hapu Assembly and the Crown as two separate bodies seems the most preferred. Main discussion points to date are:
(i) Each Māori body chooses its method of determining representation so for example one Iwi may vote directly while another might have an electoral college type format.
(ii) There is fairly clear opposition to having Political Parties in the Māori body.
(iii) There is fairly substantial support for having an Iwi/Hapū/Urban mix.
(iv) There is considerable debate about whose tikanga would underpin the relationship between the Crown and Māori bodies – the consensus seems to be developing that tikanga should do so but there is no clear idea yet about how that would work.
(v) There is majority support for a “vetting” process for representatives - e.g. no abusers.
Moana stresses that no one model is an outright favourite at this point as there is support for each one. Much more interest seems to be around the values and tikanga that would make any Māori body different.
Please can whānau, hapū and marae discuss these options and bring or send any comment you have on them.
Professor Margaret Mutu
25 January 2015