Q & A

At the hui-a-iwi held last Thursday in Kareponia marae a good cross-section of people from across Te Hiku got their questions answered about Ngāti Kahu’s application to the Waitangi Tribunal. For everyone’s enlightenment, I’ve summarized the kōrero in a question and answer format.

Why have Ngāti Kahu gone back to the Tribunal? Because negotiations reached an impasse, so the claimants told the negotiators to go back for binding recommendations.

Why did negotiations between Ngāti Kahu and the Crown fail? Because of ongoing Crown bad faith.

Will this hold up the other iwi? Potentially. They can settle their own claims where they have exclusive interests any time they and the Crown agree. But if they attempt to settle claims on lands and resources in which Ngāti Kahu hold an interest, this process may hold that up.

Who are we acting for? For all the claims which have already been investigated and reported on by the Waitangi Tribunal. Additionally we act for several claims lodged after the Tribunal report was released in 1997.

What redress comes from binding recommendations? We get a percentage of the lands under the Te Hiku (formerly Aupōuri) and Ōtangaroa forests, a percentage of the forest value, plus a percentage of the annual rentals paid by JNL. Additionally we get Rangiputa and Kohumaru stations, other SoE and education properties, and properties that have 27B Memorials on their titles.

However, we don’t get any pūtea to ransom back our lands from the thief, or the interest on those funds as per the 2008 AiP. Nor do we get our wāhi tapu sites or reserve lands, the social revitalisation funds or the Ngāti Kahu Statutory Board over DoC administered lands. In short we don’t get settlement. But seeing as the Crown uses settlement to extinguish the Treaty rights and status of those settling, that’s not as great a loss as some might make it out to be.

Who holds the redress from binding recommendations? The Tribunal decides, so the options will be part of legal argument presented to the Tribunal.

What happens to negotiations? After the Tribunal makes a binding recommendation, the Crown has 90 days to negotiate an acceptable settlement, otherwise the recommendations become binding. The negotiators will return to Ngāti Kahu during this time for instructions on any Crown offer.

Can hapu negotiate their own claims? They have been able to elsewhere. But for some unknown reason the Crown refuses to negotiate with hapū or individual claimants in Te Hiku o Te Ika.

What happens next? The Crown has to file its response to the Ngāti Kahu application this month. The Tribunal will complete its review of the Muriwhenua record of inquiry and readiness for hearing next month. There may be additional interlocutory steps required before the end of 2011. Appointment of a new presiding officer and panel will then happen, followed by the setting of dates and issues for hearings, hearings themselves-, consideration of arguments from all parties and a Tribunal decision, all hopefully in 2012.

Then, dependent on the outcomes of any negotiations during the 90 day period following binding recommendations, either a negotiated settlement will be processed for ratification by the Crown and Ngāti Kahu, or the recommendations will become final.