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 The applicant will indicate at that stage whether it wishes its application to be further adjourned or withdrawn, or whether it wishes the Tribunal to issue a substantive decision on its application that was the subject of today’s hearing.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.