SPURRING ON TRANSFORMATION

In the introduction to the report of Matike Mai Aotearoa – the Independent Working Group on Constitutional Transformation, Moana Jackson wrote, “What some might see as an ‘unrealistic’ discourse, [is] in fact an expression of a deeply-held understanding about what was promised in Te Tiriti o Waitangi.”

For te rangatiratanga of Te Tiriti o Waitangi, the reality that is being lived now is therefore never seen as a straitjacket that inhibits discussion.  Rather it is a spur to imagine and work towards something different. 

Yes, we know that any constitutional change of the magnitude we envisage will require time, but we also know that seeking constitutional transformation is simply the tika thing to do, and so we will do it.

Matike Mai Aotearoa’s report was released on 5^th February, less than four weeks ago.  Since then we have been provided with more spurs to not only ‘imagine something different’ in the constitutional arrangements between us and te kāwanatanga, but to also do it.

For example, in 2013 te kāwanatanga changed its law regards burials at sea, putting that activity under the consenting authority of the Environmental Protection Agency [EPA].  At the time Ngāti Kahu reissued its consistent statement to the EPA and all other government agencies reminding them that they do not have authority to issue any consents for any activities in a rohe without the express consent of the relevant hapū, and that anyone seeking to action such a consent will be dealt with directly by the hapū.   In short, kāwanatanga laws do not override rangatiratanga sovereignty.

It generally takes a little time for kāwanatanga to action its laws, so we will fast forward to today. This particular law is now being rolled out under the Exclusive Economic Zone and Continental Shelf (Environmental Effects—Burial at Sea) Regulations 2015. 

Yesterday (Monday 29^th February 2016) we were alerted by a Radio New Zealand reporter that under those regulations, one of the five places the EPA will give consents for burials at sea to take place is an area 38 kms northeast of Rakaumangamanga (Cape Brett).  That was news to Ngāti Kahu.

How did we not know before yesterday what the EPA was up to?  It didn't consult us, that’s how.  Instead it consulted with a group called Te Hiku Fisheries Forum which, according to the EPA, represents Ngāti Kuri, Te Aupōuri, Ngāi Takoto, Te Rarawa and Ngāti Kahu.  That was also news to us.  We are not a member of that forum, and our hapu never authorised it to represent us.  Additionally, that had already notified the EPA of our position. 

We know none of our whanaunga from the other iwi consented to this, because the area 38kms northeast of Rakaumangamanga is not in any of their hapu rohe, it is in ours. 

 

So why has this kāwanatanga agency chosen that area without consulting us?  We can only surmise that it is either not yet capable of imagining and doing something different in its relationship with te rangatiratanga, or that it has chosen to deliberately thumb its nose at that relationship. 

Either way, it is spurring on transformation.