WAITANGI TRIBUNAL UPDATE

On March 22nd 2012 the Waitangi Tribunal held its second judicial conference on the Ngāti Kahu application for binding recommendations against the Crown which, if granted, would see the Crown forced to return certain lands to Ngāti Kahu, plus compensation.

Before reporting on this second conference, a brief background on the first one held in November 2011 is in order.

At that first conference the Crown opposed Ngāti Kahu’s application. It argued that (a) the Tribunal did not have the jurisdiction to hear the application, and (b) that even if it did have jurisdiction, Ngāti Kahu should not be allowed to benefit from the Tribunal’s 1997 Muriwhenua report through binding recommendations, because none of the other iwi had chosen that pathway.

At that first conference, Te Aupōuri and Te Rarawa had supported the Crown against Ngāti Kahu, while Ngāti Kuri attended in an observer capacity.

After hearing from all the parties in November, the Tribunal asked Ngāti Kahu for more information on a number of matters.

First, they were to list the properties over which they were seeking resumption orders, including ‘private lands.’ Second, they were to identify which of their claims the Tribunal had found to be well-founded in its 1997 Muriwhenua report. Third, they had to identify the prejudice they had suffered in relation to those well-founded claims. Fourth, they had to identify their relationship with the properties in those well-founded claims. Fifth, they were to show evidence in the Muriwhenua report of their rohe. Sixth, they were to show the location (with maps linked to legal descriptions) of all properties over which they were seeking resumption orders, in that rohe. Seventh, they had to show the location (again with maps linked to legal descriptions) of all properties over which they were seeking resumption orders, outside that rohe. Finally, they were to tell the Tribunal whether the binding recommendations they sought would “represent a final determination in respect of all matters that those claims cover.”

Ngāti Kahu provided this information to the Tribunal in the middle of February 2012, and the second judicial conference was held. It made interesting listening.

The Crown, Te Aupōuri and Te Rarawa continue to oppose Ngāti Kahu. Additionally they have been joined by the Harrison whānau of Ngāti Tara who appear to want the Tribunal to decline Ngāti Kahu’s application so that they can apply for binding recommendations instead. Their lawyer told the Tribunal that the Rangiputa station belonged to Ngāti Tara and made no mention of the fact that Te Whānau Moana/Te Rorohuri and Patukōraha are mana whenua there also, or that those hapū have agreed to share Rangiputa with all Ngāti Kahu hapū.

Graham Latimer has also joined the proceedings claiming to represent Te Paatu descendants of Te Parata (and others) and that he has a claim for the return of most of the lands included in Ngāti Kahu’s application.

All parties are now waiting for the Tribunal’s decision on the matter of jurisdiction.