WIN SOME, LOSE SOME

Ngāti Kahu have had their first loss in the Waitangi Tribunal for some time.  The last time was when they were refused a hearing of their remedies application back in 2008.  But they never gave up then or since, and eventually got their hearing.  Engari before they can get a ruling on their remedies, this Tribunal has first had to rule on their urgency applications, and it’s turned them down. 

They’d asked the Tribunal to give them an urgent hearing and rule that the three deeds of settlement for Te Aupōuri, Te Rarawa and Ngāitakoto gave rise to significant and irreversible prejudice to Ngāti Kahu on several grounds.  The Tribunal focused mainly on three of those grounds; the proposed Crown allocation of forest lands in those deeds, the proposed redress over Te Oneroa-a-Tohe, and the proposed redress over conservation lands. 

In its decision, the Tribunal noted that it has concerns about the forest land allocations in those deeds which cut Ngāti Kahu completely out of the Takahue and peninsula blocks of the Aupōuri forest.  It also accepts that the beach and conservation land redress in those deeds falls well short of Ngāti Kahu’s aspirations.  But in the end it has ruled that Ngāti Kahu still have reasonable alternatives available to offset any potential prejudice to them. 

This decision is not entirely surprising but it is disappointing for Ngāti Kahu.  Urgencies have always been very hard to get, but this means that Te Paatu’s hapū mana whenua in the bulk of Te Make (Sweetwater), the peninsula forest blocks, Te Oneroa-a-Tohe and Kaimaumau are not able to be specifically provided for at this time through the Tribunal.

Still, as the Tribunal said, Ngāti Kahu have some reasonable alternatives before them, including waiting for its decision over the properties in the Ngāti Kahu remedies claim area.  There are other alternatives as well, like the fact that the people of Ngāti Kahu live on or near those lands, they are Ngāti Kahu lands, and they’ll be treated as such whether the Crown transfers ownership to Ngāti Kahu by way of paper exchange or not.  Kahore rānei koe i mohio ki tēnei i mua noa atu, i te wa ra ano i whakanohoia ai te tangata ki runga ki te whenua; He poto te wa e whakamanamana ai te tangata kino, a ko te hari o te tangata atuakore he wheriko kau?

The Tribunal’s next job will be to rule on Te Rarawa’s and Ngāti Tara’s separate remedies applications over some of the same lands in Ngāti Kahu’s remedies application.  Once it has dealt with those matters, it will finally be able to rule on Ngāti Kahu’s remedies.

This week Ngāti Kahu have had a loss, but they are not at a loss.  Wins and losses in themselves don’t last forever.  What does endure are lessons learnt, experience earned, hope tested, faith tried and character built.  These distinguish Ngāti Kahu as a winner, not a loser.