If kauri could talk
about possums and phytophthora
they’d remind us that invading colonists have always been bad news for invaded natives.
For trees, that is a
bald fact with no ethical, moral or legal karma attached. But unlike plants, colonising humans cannot simply
remove the rights, responsibilities and resources of native peoples, and replace
them with their own, without creating some seriously bad history.
Regardless of
generations of intermarriage, notwithstanding integration, in spite of the
force of numbers, and irrespective of settlement attempts, why is it that human
colonisation continues to attract loathing and resistance around the globe?
The answer to that can be found close to home in the remorseless
pattern the Crown follows to strip hapu
of every right, responsibility and resource possible.
In the 18th and 19th centuries, the
Crown stole more
than 70% of the resources held by hapu and marginalised many of them to near
extinction. Throughout that period the
Crown never stopped robbing
them of as much of the remaining 30% of their resources as it could.
In the 20th century, growing anger against Crown
depredations lead to the 1975 Land
March and other direct actions. In response the Crown created
a toothless Tribunal
with no powers other than to make non-binding recommendations to it on how it
might remedy its many breaches of its own Treaty.
Then it carried on its robbing until
its proposed asset
sales in the 1980s lead to successful legal
action against it. In response the Crown
created the Office of Treaty Settlements and the Crown
Forestry Rental Trust. It also gave one
tooth to the Waitangi Tribunal, i.e. the power to make binding
recommendations for the return of lands under former Crown forests and
State-owned Enterprises and for the payment of compensation for Crown forest lands.
By the beginning of the 21st century the Crown had
ignored every non-binding recommendation ever made by the Waitangi Tribunal and
had threatened
it with abolition if it ever used its power of binding recommendations to
the fullest. It had also corralled hapu
into iwi, and has since mustered most of them into settling on its terms.
The pattern is one of corruption. The Crown commits an offence, denies it until
it becomes undeniable, defends it until it becomes indefensible, bribes and
threatens those it can to turn a blind eye, and changes the law to punish those
who won’t.
In the Te
Hiku Claims Settlement Bill the Crown is using that pattern to give control
of Ngati Kahu hapu resources at Rangianiwaniwa, Hukatere, Te Make, Kaimaumau,
Kaitaia and Takahue solely to others who are willing to settle on its terms.
However, like the kauri, those resources haven't actually disappeared, and the hapu with mana whenua remain deep-rooted on their lands.
In the long-term it will be interesting to see when and how they apply tikanga to their situation. But in the short-term it will be even more interesting to see who does or doesn't turn a blind eye to the historical and current Crown pattern of corruption.
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