Monday, April 28, 2008

KEEPING IT HONEST

The most fascinating thing about hui for me, especially those between opposing groups, is watching the faces and bodies of the people who sit and listen while others stand and talk. Because it’s the faces and bodies that tell me more about what’s likely to happen after a hui than anything the speakers might say during it. That’s why, after years of faithfully writing entire books of who said what at any number of hui, I gave it up and opted to sit back and quietly watch instead.

So what do the faces and bodies tell me? Well, a darned sight more honest stuff than the spoken word generally. Take one simple gesture, like a chin in hand, for example.

Now, I’ve noticed that when the supporters of a speaker put their chin in hand, they tend to lean forward – they nod, they smile, they even laugh. Their approval is easy to read. On the other hand when those who oppose a speaker put their chins in their hands, they tend to do it while leaning back and their language, although just as honest, is also a lot more subtle. Interestingly it often has prayer-like tones such as, “Oh God, do we have to hear this again?” As other parts of their bodies come into play, this language gets more fervent. Eyes slowly closed with a sigh while in this position say, “God give me strength to not scream.” Pushed out lips and a raised eyebrow signify a mutter of, “S’truth! I doubt it.” An added snort turns the mutter into a full-blooded shout of, “God smite them!” or something similar.

All in all, after hearing this kind of body language at a hui, I can accurately predict that afterwards it will be business as usual. And, depending on whether they think their side’s view carried the day or not, the listeners will say the hui was either another missed opportunity or a another lucky escape.

So, if no-one is clearly knocked out or beaten, what value is there in holding hui between opposing sides at all? Heaps actually. Quite apart from the theatre put on, hui give newbies and observers a chance to witness, maybe even understand, the dynamics between the sides. They also make incremental progress one way or the other as hearts and minds are won or lost. And, although there will likely be some undisciplined shouters there, hui are generally a much more civilized way of airing differences than most other ethnicities have come up with to date.

To read a hui accurately it helps to know the people and their views, but it’s not essential. The most important thing is to be honest in your own body language. Because if what you are feeling is out of synch with what your body is saying, you will just make yourself sick and any outcomes of that hui will not be true.

And if you’re lucky you’ll get to hear a priceless piece of wisdom like this one I heard just last week courtesy of Ted Jones of Ngaitakoto, “To have strength you need Unity. To have Unity you need Trust. To have Trust you need Honesty.”

Honesty. Can’t be beaten really.

WISDOM AND ORDER

Most of you will know that Ngati Kahu has had claims lodged with the Waitangi Tribunal since 1984 and that these claims have been partially heard and were reported on by the Tribunal in the Muriwhenua Land Report of 1997. You may also know that in 2003 Ngati Kahu and the Crown opened direct negotiations, and that those talks broke down in 2006 after the Crown tried to sell claim lands at Rangiputa. What you may not know is that, in November 2006, Ngati Kahu applied to the Waitangi Tribunal for Remedies Hearings on its claims, and that two weeks ago, on April 10th, the Tribunal held an interlocutory conference to help it decide if it could and should hold those hearings. The written direction of Judge Carrie Wainwright dated 11th April 2008 is reproduced below.

Having heard submissions today, I adjourn this application until Thursday 10th July 2008 to allow parties to progress further negotiations. At the judicial conference on 10 July, the applicant and the Crown will update me on what has occurred in the intervening three months. The applicant will indicate at that stage whether it wishes its application to be further adjourned or withdrawn, or whether it wishes the Tribunal to issue a substantive decision on its application that was the subject of today’s hearing. Meanwhile, if for any reason the Crown is not in a position to focus on negotiating a settlement with Ngati Kahu in the next three months, it should inform the Tribunal as soon as possible. Otherwise the judicial conference will reconvene on Level 2 of the Tribunal’s offices at 10 am on 10 July 2008. The Registrar is directed to send a copy of this direction to all those on the notification list for Wai 45, the combined record of inquiry for the Muriwhenua inquiry.

Following on from this direction Ngati Kahu has initiated a meeting with Minister Cullen for the 2nd May. Interestingly and concurrently, his officials in the Office of Treaty Settlements have been very persistent in trying to get Ngati Kahu involved in a Crown-initiated Muriwhenua regional forum. Why these officials would think it was in Ngati Kahu’s interests to be dragged back into a time-warped morass of non-mandated and divided interests is a mystery. Ngati Kahu is already talking with its neighbouring hapu and iwi. It doesn’t want or need the Crown to impose itself into those discussions, especially before they have even met with Minister Cullen. As Judge Wainwright said in her oral decision on the 10th, “Ngati Kahu is clearly a very well organised and capable group who are wanting resolution.” She is right. If Ngati Kahu think the Crown may be able to assist, it will ask. But until then the Crown would be well-advised to exercise some wisdom and order.

The Tribunal direction of 11th April gave Ngati Kahu and the Crown exactly 90 (ninety) days to progress negotiations. There are now 80 (eighty) days left. The options for both parties are really quite simple and crystal clear. Either focus on progressing negotiations – or not.