Pānui/News
Two significant developments bring Ngapuhi closer to settlement
Thursday, 11 April 2013
The two developments are:- Government to move forward with process to recognise Te Rōpū oTūhoronuku mandate
Said Mr Finlayson: “The vote indicated a significant level of support for the Tūhoronuku deed of mandate. The next stage in this process is for the Crown to advertise that mandate and seek further views from Ngāpuhi on whether there is sufficient support for us to recognise a mandate for Tūhoronuku”.
Mr Finlayson said the mandate would be advertised around June this year over a six week period.
If the Government recognised the mandate, it is proposed that a process would be held from September to December this year to elect representatives to the Tuhoronuku Independent Mandated Authority. After that, negotiations will begin with the Crown on the settlement of all historical Crown breaches and grievances against Ngāpuhi and Te Tiriti o Waitangi.
Mr Finlayson said in his letter that the Crown had long signalled it is open to entering Treaty settlement negotiations alongside the Tribunal hearings. “If a mandate is recognised and negotiations do commence, it would provide a unique opportunity to align the hearings and negotiation processes.”
Mr Finlayson has said previously that he hopes to see the Ngāpuhi settlement negotiations
completed by the end of 2014.
- Māori Appellate Court dismisses Ngāti Hine appeal
Ngti Hine had tried to connect the Te Tiriti settlement mandate process to their right to apply for withdrawal from Te Runanga-Ā-Iwi O Ngāpuhi under the Fisheries Act.
The Māori Appellate Court found that their right to apply for withdrawal under the Fisheries Act did not give it jurisdiction to hear Treaty settlement mandate issues.
Said Te Rōpū oTūhoronuku Interim Chairman, Raniera (Sonny) Tau: “These two developments are truly significant in the enduring Ngāpuhi journey to settlement.
“It is now 18 months since Ngāpuhi overwhelmingly gave their mandate to Tūhoronuku. Since then, we have listened to people and have worked with them – and the Crown – to strengthen our mandate representation structure.
“Minister Finlayson said in his letter that ultimately it is for Ngāpuhi to decide a fair and open process. Therefore we welcome the coming six week window where the Tūhoronuku mandate will be advertised so our people can assess the amendments and signal their support.
“In terms of the Māori Appellate Court finding, this decision is not a surprise. However, it is good to have confirmation from a higher Court. Hopefully this means that Ngāti Hine can move past the strategy of litigation so we can approach the Crown united for the important settlement mahi ahead.
“That was one of the key findings of the recent Horizon Research Ngāpuhi 2013 survey: our people want tribal unity.
“As we have stated before, Ngāti Hine are proudly Ngāpuhi and we will always open the door to
all Ngāpuhi hapū and Te Tiriti claimant communities who wish to be part of this historic
settlement.” Back to top
Jobs, tribal unity and housing the most important issues facing Ngapuhi
Monday, 18 March 2013
Jobs, tribal unity and housing are the most important issues facing Ngāpuhi, the biggest iwi of Aotearoa, says a Horizon Research survey report released on Friday 15 March.
The survey also found that Ngāpuhi overwhelmingly hope that the coming Te Tiriti o Waitangi settlement will provide education support, improved health, the creation of new jobs and unity.
The full Horizon Research survey report can be found below.
The survey was commissioned by Te Rōpū o Tūhoronuku, the entity mandated by Ngāpuhi in 2011 to begin direct negotiations with the Government to settle all historical Crown breaches and grievances against Ngāpuhi and Te Tiriti o Waitangi.
Ngāpuhi, by far the biggest iwi in Aotearoa, will be the last of the big Treaty settlements. The Government has said it hopes to have Ngāpuhi settlement negotiations completed by the end of 2014.
The Horizon Research survey, conducted during February this year, is a follow up of the survey held in 2011.
Sonny Tau, interim Chairman of Te Rōpū o Tūhoronuku said: “The big change over this period is that employment has become the biggest issue facing Ngāpuhi today, and an issue our people hope will be addressed by settlement.
“This outcome reflects the high and growing unemployment rates in Northland, Auckland and nationally. For Ngāpuhi and Māori youth in the North, unemployment is now at crisis levels, with 29% without work.
“The good news is Ngāpuhi organisations and companies, under the umbrella of Te Rūnanga-Ā-Iwi O Ngāpuhi, are already one of the biggest employers in the Far North.
“Post-settlement Ngāi Tahu companies now provide approximately 600 jobs, and we would expect Ngāpuhi companies also to be providing hundreds more employment opportunities in the North following settlement.
“The survey also found that Ngāpuhi want unity. This was a key theme throughout the survey. The survey report quotes one respondent who said ‘keeping together as a tribe is vital to ensure resources and energy are all focused on engaging with the Crown’.
“Not surprisingly, the survey found that an overwhelming number of Ngāpuhi (86%) know who their hapū are, but two-thirds of these are not involved in hapū activities, especially those living outside the Rohe.
“Ngāpuhi are clear about how they believe their hapū and marae will benefit from settlement: marae self-sustainability, ownership of whenua and kaitiakitanga of resources are all priorities.
“The survey report says Ngāpuhi are concerned that the resources of settlement must be well managed for Ngāpuhi as a whole.”
Mr Tau said Te Rōpū o Tūhoronuku, at the time of seeking mandate, gave their commitment that they would continue to communicate with Ngāpuhi throughout the settlement process.
“This Horizon Research survey is part of that communication. It is important that we have this up-to-date feed-back on what Ngāpuhi are thinking, and we thank all those who participated. This survey helps inform us as we continue on the settlement journey, and when we start negotiating with the Crown.”
Ngapuhi Survey; Tukuna ou whakaaro - Kia tau!
Friday, 1 February 2013
We're pleased to pass on an invitation from Horizon Research to sign up to its specialist online Ngāpuhi panel.
Horizon aims to make sure you are heard and have some influence on major issues affecting Iwi and Maori. The survey findings can be used to guide decision making.
As Ngāpuhi, have your say on these important issues as we approach Settlement.
Membership is free, and Horizon is showing its appreciation by entering those who complete the survey in its March draw for a fabulous 16GB Wi-Fi iPad2 valued at $759 - and $1,000 cash!
If you sign up at this link, within a few days you’ll receive an invitation to complete the Ngāpuhi survey which should only take about 5 minutes and your details will remain anonymous.
For those of you residing or travelling overseas and wanting to join, you are now able to do so. For those of you wanting to register under multiple iwi, unfortunately Horizon presently are unable to offer this function.
Have your say - it counts!
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A giant step forward on Ngapuhi Treaty settlement journey
Friday, 1 February 2013
Ngāpuhi – Aotearoa’s biggest Iwi – is significantly closer to entering negotiations for an enduring settlement of Crown breaches and grievances against Te Tiriti o Waitangi.
Yesterday (31 January) the Minister in Charge of Treaty Negotiations, Hon Christopher Finlayson, and the Minister for Maori Affairs, Hon Dr Pita Sharples, wrote to Ngāpuhi leaders confirming the Crown’s support of Te Rōpū o Tūhoronuku’s (Tūhoronuku) proposed amendments to the Deed of Mandate granted by Ngāpuhi.
The Ministers outline some areas of detail to be finalised before the Crown make a final decision in mid-July on recognising Tūhoronuku’s mandate.
In their letter, the Ministers said: “The process to date has been a significant one both in terms of time and resources. A considerable amount of work has been undertaken by all parties to find an agreed approach and resolve concerns hapū have raised along the way.”
Said Tūhoronuku Interim Chairperson, Raniera (Sonny) Tau: “The areas the Ministers want clarification on are around the separation of Tūhoronuku from Te Rūnanga-Ā-Iwi O Ngāpuhi, hapū representation and elections and having an independent returning officer oversee the election process to the mandated entity.”
“These are areas largely proposed and agreed to by Tūhoronuku, so we do not see them as obstacles to the process from here.”
“Coming just days before the national celebration of TeTiriti o Waitangi, this is a significant development for Ngāpuhi, for Northland and for Aotearoa.
“We are finally in sight of reaching an enduring settlement on behalf of Ngāpuhi, and of advancing our people economically, socially and culturally.
“Population-wise, we are the biggest Iwi, yet the poorest by many indicators. We cannot delay our settlement any further, and the Crown recognise this. Ngāpuhi need to start strengthening our economic base and participate in the social and economic well-being of our people. Once we do this, jobs will be created, expertise will be attracted back home to Northland and our Marae will be restored.”
Tūhoronuku has spent four years, held more than 60 hui and Te Rūnanga-Ā-Iwi O Ngāpuhi has financially supported this to the tune of $3m to get to this point.
Following the largest communications exercise in the history of Iwi Māori, Ngāpuhi overwhelming gave their mandate to Tūhoronuku in 2011.
Said Mr Tau: “Tūhoronuku has made compromise after compromise to ensure Ngāpuhi would be fairly represented and we thank our Kaumātua and Kuia for their resolute support and wise council on behalf of Ngāpuhi.”
The Ministers’ letter can be found here
Background to Ngāpuhi Settlement
In 2008 the Rūnanga was instructed by Kaumātua and Kuia to progress a comprehensive settlement of historical Te Tiriti o Waitangi claims with the Crown.
Te Rōpū o Tūhoronuku (a sub-committee of the Rūnanga) was established in 2009 to develop and implement a process for Ngāpuhi to secure a robust mandate to represent Ngāpuhi on its journey to settlement.
In 2011, after three years of consultation and input from Ngāpuhi throughout Aotearoa, all Ngāpuhi over 18 were given the opportunity to vote on giving their mandate to Tūhoronuku. The outcome was an overwhelming 76% vote in favour of the resolution.
It is important to reiterate that Ngāpuhi’s mandate is with Tūhoronuku, not the Rūnanga.
The mandate result officially verified by ElectioNZ confirmed 76% who voted (by ballot), support the mandate being held by Te Rōpū o Tūhoronuku. This positive outcome followed 20 Deed of Mandate hui and up to 40 pre-mandate hui (over two years) consulting with Ngāpuhi in Aotearoa New Zealand and Australia.
Once the Crown has formally recognised Tūhoronuku’s mandate, Interim Chair, Raniera (Sonny) Tau, said the Crown and Tūhoronuku would work together to complete negotiations and develop a Deed of Settlement. This will be the largest settlement since Ngai Tahu and Tainui in the 1990s.
Said Mr Tau, “We want settlement as soon as possible and of course we are delighted to reach this point, it is an important step on the pathway to settlement and we hope that by the end of 2014 Ngāpuhi and the Crown will be writing a settlement Bill.”
For further information contact Kipa Munro:
Mobile: 027 555 3852
Email: kipa.munro@ngapuhi.iwi.nz
Back to topBattle continues for Ngāpuhi
Thursday, 13 December 2012
A new report on the Declaration of Independence and the Treaty of Waitangi is seen as groundbreaking and particularly important for the North.
The independent report, Ngāpuhi Speaks, makes clear that Ngāpuhi did not sign away their sovereignty to the British Crown nor did Ngāpuhi cede governance to the Crown. Instead, Rangatira wanted the Crown to provide a governor who would take charge of its unruly British subjects.
"For us our battle continues. The Ngāpuhi nation is firm in its belief that our tūpuna did not cede sovereignty." Titewhai Harawira
The report was commissioned to stand alongside a Waitangi Tribunal report - both reports based on evidence given over five weeks at initial Ngāpuhi claims hearings in 2010 and 2011.
Statements by Ngāpuhi speakers about the meaning and intentions of He Wakaputanga o te Rangatiratanga o Nu Tireni 1835, and Te Tiriti o Waitangi 1840 were seen as particularly significant.
The independent report was commissioned by Titewhai Harawira and Nuki Aldridge on behalf of the kuia and kaumātua of Ngāpuhi Nui Tonu.
Since 2006, kuia and kaumātua have voiced concerns about the independence of the Waitangi Tribunal process and say the Government has not responded to requests for an international forum to hear evidence on the two founding documents. They finally decided to commission an independent report on the hearings but limited funds meant that an international observer was not an option, so expertise was sought within New Zealand.
Three panel members were chosen to write the report - Susan Healy, Ingrid Huygens and Takawai Murphy, with input from a kaitiaki from the north, Hori Parata.
The group comprised two Māori and two Pākehā.
"The declaration and the treaty were the result of the friendship that Ngāpuhi Rangatira had with British royalty that began in 1820 with the visit by Hongi Hika and Waikato. Ngāpuhi had a dialogue that started with King George, and continued with King William and Queen Victoria. We want to be able to continue that dialogue," Mrs Harawira says.
A governor was called for to exert British authority over British subjects living without regard to either Māori or British law, she says.
"He was to work alongside the Rangatira - never to have authority over them. They agreed to allow a governor appointed by themselves and acting under their authority, to exercise British control over new migrants living in their rohe - nothing more and nothing less."
"It is inequitable where one party to a treaty makes the rules and has access to wealth to prosecute their evidence, while the other party is directed on how and when the resources are available." Nuki Aldridge
Mrs Harawira says there has been a long battle to raise the profile of the Treaty of Waitangi and to have the promises made, redeemed.
"We have seen the comings and goings of many prime ministers - they are now gone, but for us our battle continues. The Ngāpuhi nation is firm in its belief that our tūpuna did not cede sovereignty".
Nuki Aldridge said the report was a response to the wishes of kaumātua for an independent exercise to be undertaken by people chosed by them, just as the Tribunal members are chosen by Government.
He said he expected the Tribunal would reach the same conclusion as the independent observers; That there is only one authentic treaty, which confirms the statements made in He Wakaputanga.
"Te Tiriti was intended to foster peaceful prosperity for both cultures and remains so for the future, when implemented as intended," he says.
Mr Aldridge commented on the need for fair process in the hearing of treaty claims; "In a treaty debate, you would think it reasonable that the rules of engagement are promulgated in equity by both parties. But it is inequitable where one party to a treaty makes the rules and has access to wealth to prosecute their evidence, while the other party is directed on how and when the resources are available."
He says the availability or the lack of resources will control the outcome.
"The story will be tainted by the rules and regulations that are imposed. The imposed rules and regulations also control the outcome and of course will show bias in favour of the system that has imposed them".
This is why Ngāpuhi needed an independent report, he says.
"Those who fail to assert their rights have none. In this report the voices of Ngāpuhi are heard again asserting our rights, and we expect a decent response', he says.
"This is a very important report", Susan Healy says.
The report is expected to be popular reading among Ngāpuhi and the Crown this summer.
Ngapuhi_Speaks_Summary_Northern_News_12Dec12.pdf
The report "Ngāpuhi Speaks" can be ordered from Network Waitangi Whangarei, PO Box 417, Whangarei 0147 or e mail reotahi@clear.net.nz or call 09 436 1807 or 021 928 561.
* Observers
The independent observers were selected for their experience in research and education work related to the treaty, and their independence from government direction.
- Susan Healy, Pākehā, has a PhD in Māori Studies from the University of Auckland.
- Ingrid Huygens, Pākehā - is a researcher in cultural relations, community psychology and social change.
- Takawai Murphy, Ngāti Manawa, Murupara, is an educator and researcher.
- Hori Parata, who acted as support and cultural advisor for the panel holds an MA in indigenous studies from Te Whare Wananga o Awanuiarangi and is completing a PhD on kaitiakitanga.
Back to top
Ngāpuhi Kaumātua and Kuia confirm continued support for Tūhoronuku
Monday, 15 October 2012
Ngāpuhi Kaumātua and Kuia have overwhelmingly given their continued support to Tūhoronuku to progress the settlement of Ngāpuhi Te Tiriti o Waitangi grievances against the Crown.
This follows a Hui convened by Te Rōpū Kaumātua Kuia O Te Whare Tapu O Ngāpuhi in Kaikohe on Friday 12 October, attended by a large number of Kaumātua and Kuia from throughout Te Tai Tokerau.
Te Rōpū O Tūhoronuku (Tūhoronuku), the entity mandated by Ngāpuhi in September 2011 to represent them in settlement negotiations, was invited to provide an update on settlement progress, particularly following the recent release of the Government commissioned He Ara Hou – A Proposed Strategy and Pathway to Settlement (also known as the Morgan Report).
Tūhoronuku Interim Chair Raniera (Sonny) Tau gave Kaumātua and Kuia an overview and analysis of the Morgan Report, which Tūhoronuku had referred to as “an insult to the mana of Ngāpuhi and being an amateurish attempt at re-engineering Ngāpuhi social and political structures.”
Ngāpuhi Kaumātua and Kuia were briefed on all recent matters surrounding the settlement, including Tūhoronuku’s representation structure and the role of Te Rūnanga Ā Iwi O Ngāpuhi.
At the conclusion of the Hui, robust discussion culminated with Ngāpuhi Kaumātua and Kuia instructing Tūhoronuku to:
- meet with the Crown to advance the advertising of the Tūhoronuku Deed of Mandate for public comment, which is the next step in the settlement process
- consider aspects of the Morgan Report that strengthen Ngāpuhi representation within the Tūhoronuku Deed of Mandate.
Mr Tau said Friday’s Hui had been both humbling and significant.
“It was Ngāpuhi Kaumātua and Kuia who instructed Ngāpuhi leadership to ‘get on with the settlement’ at the Rūnanga AGM in November 2008.”
“Since then we have spent four years, held more than 60 Hui, met with Ngāpuhi Hapū, whānau and Rōpū. The results of all that preliminary work resulted in Ngāpuhi overwhelmingly voting (76.4% of those who voted) to give their mandate to Tūhoronuku to negotiate a comprehensive settlement with the Crown. This occurred in September 2011.”
“We have given our commitment that we will continue to be directed by our Kaumātua and Kuia, whom we treasure for their wisdom and guidance in shaping the future for Ngāpuhi.”
“Those Hapū or claimants still disenchanted with how matters are developing in Ngāpuhi and want to move on need to contact Tūhoronuku to discuss whatever issues they have with a view to solving them.”
*At the Friday 12 October Hui, the following resolution was passed by Ngāpuhi Kaumātua and Kuia:
1. Receive the update report from Te Rōpū o Tūhoronuku
2. Direct Te Rōpū o Tūhoronuku to consider aspects of He Ara Hou that strengthen Ngāpuhi representation within Te Rōpū o Tūhoronuku Deed of Mandate
3. Direct Te Rōpū o Tūhoronuku to meet with the Crown to advance the advertising of the Deed of Mandate held by Tūhoronuku.
For further information contact Kipa Munro:
Mobile: 027 555 3852
Email: kipa.munro@ngapuhi.iwi.nz
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Tuhoronuku rejects Government commissioned Morgan Report
Friday, 28 September 2012
Ngāpuhi’s mandated entity, Te Rōpū o Tūhoronuku, totally rejects a report by TukuMorgan calling it “an amateurish attempt to re-engineer Ngāpuhi social and political
structures.”
Mr Morgan’s report “He Ara Hou - A Proposed Strategy and Pathway to Settlement” was
commissioned by the Minister for Treaty of Waitangi Negotiations. It was presented to the
Minister on 17 September.
Following a meeting of representatives in Auckland last night, Tūhoronuku announces it will
keep faith with the 76% of Ngāpuhi who gave their mandate in September 2011.
We totally reject the Morgan report commissioned by the Crown that proposes starting the
process again with a new model designed by Mr Morgan, which does not make provision for
a democratic approval process by Ngāpuhi.
Instead of starting the settlement negotiations process, the Crown has shamefully dragged its
heels, requesting further consultation rounds, one after the other, together resulting in more
compromises in an attempt to accommodate a minority of opposition.
Following these additional hui, the Minister for Treaty of Waitangi Negotiations, Hon
Christopher Finlayson, appointed Mr Morgan to facilitate a process to resolve the nature and
extent of hapū representation on Ngāpuhi’s mandated entity.
What has now been produced is a document that proposes disregarding the current mandate
and replacing it with a new structure and new mandate promoted by a previous Tainui Chair,
Mr Morgan. While the primary object of Mr Morgan’s brief was to ensure that Ngāpuhi hapū
were fairly represented on the mandated entity, hapū have instead been further marginalised
in Morgan’s report.
This is an insult to the mana of Ngāpuhi. The time for indecision by the Crown is now over
and we will be seeking an urgent meeting with the Crown to resolve this situation.
Tūhoronuku has spent four years, held more than 60 hui and spent $3m to get to this point,
yet the Minister for Treaty of Waitangi Negotiations refuses to recognise Ngāpuhi’s mandate
and continue with the settlement process.
In September 2011, Ngāpuhi overwhelmingly voted (76% of those who voted) to give their
mandate to Te Rōpū o Tūhoronuku to negotiate a comprehensive settlement with the Crown.
The Government says its 47% at the polls was a mandate to sell state-owned assets, yet it
does not recognise the 76% who voted for the Ngapuhi mandate.
The Prime Minister has said a Ngāpuhi settlement is a priority for his Government, and Mr
Finlayson has said it is a priority to reach an ‘agreement in principle’ for a Ngāpuhi
settlement by 2014.
Ngāpuhi has spoken and Te Rōpū o Tūhoronuku has got the message loud and clear: “Get on
with the job of settling our Te Tiriti o Waitangi grievances against the Crown.”
Te Rōpū o Tūhoronuku presented its Deed of Mandate to the Crown on 31 March 2012.
Due to the continued delays and demands for concessions by the Crown, it has not been
made public.
Today Te Rōpū o Tūhoronuku has released its Deed of Mandate, which can be found below.
Deed of Mandate Document
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National Summit on Water
Wednesday, 12 September 2012
A national summit on water will be held at Turangawaewae, Ngaruawahia on Thursday 13 September 2012 @ 11.30am.Programme (this may be subject to change)
Introduction by Tukoroirangi Morgan
Dr Ranginui Walker
• The clash between Rangatiratanga and Kawanatanga
Sir Edward Taihukurei Durie
• Overview of the New Maori Council claim and the findings Waitangi Tribunal
Taipari Munro
• Protecting the sacred spring of Poroti
The Te Arawa experience
• Te Rangikaheke Bidois, Pia Callaghan, Hakopa Paul
Sir Michael Cullen
• Political analysis and formulating next steps
Ngati Whao Ngati Tahu (Rawiri Te Whare, Roger Pikia)
• Operationalising our rights into Geothermal Power
Sir Tumu Te Heuheu
• Update of the Iwi leaders working party on Water
Policy and position round up by Political parties
Closing speech by Kiingi Tuheitia
Updates
TV 3 video - Hui seeks to find a united strategy on water - 13 Sept 12
TV 3 Interview with Sonny Tau on water rights - 14 Sept 12
Tuhoronuku response to the Northern Advocate
Wednesday, 15 August 2012
The Northern Advocate front page lead article "Morgan eyes huge revamp" (13 August2012) is based on a first draft proposal by Crown facilitator Mr Tukoroirangi Morgan, a draft
which has been largely rejected by Ngapuhi.
If the Northern Advocate had contacted us, we would clearly have told them that Tuhoronuku
has met with Mr Morgan to put him in no doubt that much of what he is proposing is
unacceptable to Ngapuhi.
The Crown instructed Mr Morgan to have a report completed by 20 July 2012. We have yet
to see that report, despite repeated requests.
Of key importance is that Ngapuhi voted overwhelmingly last year (76% of those who voted)
to give Tuhoronuku their mandate to negotiate the settlement of Ngapuhi Te Tiriti o Waitangi
grievances and historical claims against the Crown.
What Mr Morgan is proposing deviates from what Ngapuhi have voted on, voted for and
support.
For instance, regarding the creation of a Post Settlement Governance Entity, Tuhoronuku
has given its commitment to Ngapuhi that they will have input into the development of this
structure, and the opportunity to vote on it.
It is not for Mr Morgan or the Crown to dictate to Ngapuhi what we will or will not do.
It is important to acknowledge the role of Te Runanga A Iwi O Ngapuhi, which was the
genesis and has invested heavily in the Ngapuhi settlement journey.
Mr Morgan was appointed by the Crown for this facilitation role. But the reality is that
Ngapuhi have spoken following the biggest awareness and communications effort in Iwi
Maori, and there is nothing to sort out. There are small pockets of resistance, but there is
often opposition to everything in life.
In the same edition of the Northland Advocate was another headline “North’s jobless rate
NZ's highest". This sad fact speaks for itself.
The Crown must now show leadership in moving forward and recognising Tuhoronuku’s
mandate, and complete the Ngapuhi settlement - for the advancement and prosperity of
Ngapuhi, Northland and Aotearoa.
Tuhoronuku will be contacting the Prime Minister and Minister in charge of Treaty of Waitangi
Negotiations to discuss Mr Morgan's on-going work and the reluctance of the Crown to follow
its own settlement process.
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Te Whiu Hapu report on Tuku Morgan Draft Proposal
Tuesday, 31 July 2012
Please receive this as feedback from Te Whiu Hapū on the outcome and report of Tuku Morgans work. (Tuku_Morgan_draft_proposal_2012.pdf)Special Hearing
We support, in principle, the idea that claimants be heard by a special commission instead of the Waitangi Tribunal, provided that:
- Claimants are fairly heard.
- The process will be freed from the pesky adversarial interventions of lawyers.
- Information coming out of hearings can inform direct negotiations.
Representation on the Mandated Body
The model proposed does not achieve the objective of strengthening hapū representation on the mandated body. In particular, we bring your attention to the following:
- The proposition that two representatives per region be elected, but that they share only one vote, will have the effect of fuelling not only regional parochialism but deal-making dynamics as regions attempt to buddy-up over common issues that compete with other regions.
- Two representatives, but one vote, is the most preposterous suggestion we've heard in connection with any governance architecture. We doubt that you can point to any successful governance structure, Māori or otherwise, that is structured-up in this fashion; but we’d be pleased to be proven wrong, so we await your specific response to this point.
- All of the above will lead to deal-making dynamics, as two representatives reconcile one vote, at the cost of good governance.
- Referring again to one vote between multiple representatives, such a suggestion in connection with Kaumātua and Kuia representatives is absolutely abominable. Ngāpuhi Kaumātua and Kuia instigated this settlement process, and they have provided valuable guidance throughout. John Klaricich and Titewai Harawira, the current representatives on Te Rōpū o Tūhoronuku, are active, respected and highly valued. To suggest that they, or their successors, should be relegated to some kind of wise-owl hybrid is absolutely repulsive. Other iwi, from whence you may have sourced such ideas, might treat their Kaumātua and Kuia that way, but we expect to never see the day that Ngāpuhi does.
- Again on this single-vote-multiple-representative notion, the most nonsensical manifestation thereof is that it be applied to Tāmaki, South Island and Wellington regional representation. More than 70% of Ngāpuhi live in Tāmaki; yet you propose to relegate the representational and governance decision-making power of this majority to a shared single vote! All of this would be laughable, were it not the fact that you appear to be serious and that you propose to foist this nonsense on Ngāpuhi.
- As far as we can tell, this notion of regional representation was never raised by anyone in the course of the mandating hui prior to the mandating vote. From whence did this suggestion come? We would be pleased to hear the answer to that question because the suspicion is that it only became an issue after the majority voted in favour of Tūhoronuku receiving Ngāpuhi’s mandate; and then only at the initiative of the minority who were disaffected by that outcome.
- You may be hoping that regional representation is the means of providing you with a line of sight from Ngāpuhi hapū to representatives on the mandated body. In the presently proposed construct, it will not. What can give you that security is the requirement to evidence an unimpeachable mandate from hapu for kaikōrero to elect representatives. Though we went to a great effort to point this out to you in our earlier submission, Tukus report is silent on the matter. If you continue to ignore this important factor, we assure you that it will come back to bite us all before and Deed of Settlement comes to the table. We wonder why you find it so difficult to accept that principle, let alone comment on it. We think we deserve an explanation, and we accordingly ask for such.
PSGE
Tukus proposition that the PSGE be set out before or as prerequisite to the Minister advertising the Deed of Mandate is entirely unacceptable. And, we would have thought, dangerous ground for the Minister. That is because, the Minister endorsed a mandating strategy that clearly contemplated that discussion around a PSGE would only occur after mandate was recognised by the Crown. As part of the mandating hui information suite, Tūhoronuku went about telling everyone, including Te Whiu, that such discussion would happen later and that Ngāpuhi would be involved and consulted.
To compel any determination about a PSGE at this time is to furrow fertile fields for judicial review. To coerce any hapū to accede and thereby be complicit in that, by dangling it out there as if it were some kind of deal breaker, would be unconscionable.We trust that the current administration is not given to such behaviour; therefore, we look forward with confidence to the Crown quickly moving back from this proposition.
Ka nui tenei mo tenei wa tonu nei
Sam Napia and TeRau Arena
Te Whiu Hapu
