WAITANGI TRIBUNAL MEMORANDUM AND DIRECTIONS

Thanks to Ngāti Kahu the Muriwhenua Land Claim before the Waitangi Tribunal is alive again.

Last week (12th September), the Tribunal’s Chief Judge released a two page memorandum of directions on Ngāti Kahu’s application for binding recommendations asking that the Crown be ordered to return all State-owned Enterprise and Crown Forest Lands in the Ngāti Kahu rohe, plus pay compensation to Ngāti Kahu. Following is the substance of that memo.

1. On 5 July 2011 the Tribunal received a memorandum of counsel for Ngāti Kahu seeking to revive the application for remedies filed in October 2007 and amended in November 2007.
2. In accordance with my memorandum-directions of 19 July 2011 and 19 August 2011 the Waitangi Tribunal’s Registrar has completed a review of the record of inquiry for the Muriwhenua Land Claim and concluded that despite some inconsistencies in the record there is a reasonable level of docmentation available, both physical and electronic, to enable a new peresiding officer to be appointed.
3. Notwithstanding this conclusion, the review identified missing documents that may be of relevance to the current application, and may be in the possession of the Crown. These documents are as follows:
a) Topographical display map with overlays.
b) J Williams, Claimant Submission in support of Kaimaumau recommendation (22 Oct 91);
c) Submission from Te Runanga o Muriwhenua, “Outline of Te Runanga o Muriwhenua to this and subsequent Tribunal processes”;
d) Letter from Juken Nissho Ltd to OTS, 2 Apr 98, which is attached to Crown submission re pre-remedies hearing, 31 Mar 98; and
e) Submissions of Te Runanga-a-Iwi o Ngāti Kahu, 5 Apr 98
4. If the Crown is in possession of these documents it is to file these documents with the Tribunal no later than midday, Monday 19 September 2011. Alternatively, the Crown should notify the Tribunal if these documents are not available.
5. However, having regard to the report I have received from the Registrar, I am satisfied that there is an adequate record of inquiry that is in a condition to enable a new presiding officer to review and familiarise himself or herself with the relevant documents.
6. Accordingly, pusuant to clause 5AA(1) of the Second Schedule to the Treaty of Waitangi Act 1975, I now appoint Judge S J Clark, a judge of the Maori Land Court, as the replacement presiding officer of the Muriwhenua Land Claim inquiry.
For the bush lawyers amongst us, that means the Crown had until yesterday to respond as directed.

Interestingly prior to releasing this memo, the Tribunal had released a much lengthier one on 26th August with regard to the Turanganui a Kiwa inquiry; that’s the consolidated claim which includes Stephen Haronga, the man whose success in the Supreme Court reopened remedies as an option for Ngāti Kahu. In that memo the Tribunal has decided to hold hearings. Its decision to do so is based on a number of determinations it had made in 1998 about binding recommendations in Muriwhenua.

The Crown should be worried.