An ‘unseemly haste’
NZPA
Wellington — If the Crown rushed an early settlement of East Coast Maori claims it would be “deeply prejudicial” to some of the district’s traditional tribes, the Waitangi Tribunal was told yesterday.
The Government had hoped to reach a final settlement by March next year but several groups want longer for more extensive consultation.
Te Aitanga a Hauiti, Ruawaipu and Ngati Uepohatu want to negotiate for themselves and are challenging the mandate given by the Crown to Te Runanga o Ngati Porou to do so for them.
Unhappy at being forced under the mantle of Ngati Porou, the smaller tribes claim independent autonomous identity.
The tribunal is holding an urgent three-day inquiry in Wellington this week to establish the Crown’s level of awareness of the issue, what advice it took and its reaction to that.
Karen Feint, one of many lawyers acting for various parties, expressed concerns over tribal unity.
“This unseemly haste (to settle the East Coast claims) is politically motivated and has unfortunate consequences for the hapu,” she said.
There were symptoms of “a deep malaise” on the Coast and the mana of the tribes had not been respected.
Ms Feint said the process should be a “bottom-up” rather than a “top-down” approach.
Donna Hall submitted for the applicants that the Crown must now oversee an upgrade of the runanga’s constitution to ensure adequate representation for all the tribes.
“The runanga cannot settle the claims without a constitution based on hapu consultation.”
Another lawyer, Michael Doogan, said: “The bigger the mandate, the bigger the risk.”
Within the East Coast district there were some objections to being identified with Ngati Porou and the Crown had been unable to go beyond the runanga and “look with an open mind”.
Others told the tribunal that choosing one strong group to negotiate for all was unreasonable and inconsistent with Treaty of Waitangi principle.
The process was in many respects seriously flawed, lacking openness and transparency.
“It should be about partnership and acting in good faith with all the tribes, not just Ngati Porou,” said lawyer David Stone.
“The Crown owes it to all the tribes of the East Coast, and indeed the whole of New Zealand, to sort the issues out. These people are divided.”
Believed to be New Zealand’s second-largest iwi, Ngati Porou have been offered one of the country’s richest Treaty settlement packages.
It includes $110 million in cash, 5869ha of conservation reserves and parks, plus other assets which include forestry and carbon credits.
In addition, the iwi will get the option to buy 21 schools and five police stations which the Crown would then lease back.
Ngati Porou would also be given first right of refusal over any state houses offered for sale.
According to a memorandum released by the Office of Treaty Settlements, the proposed package outlines a Crown-Ngati Porou accord under which the iwi will have input into Crown priority-setting and decision-making in specified areas.
The offer also recognises and rewards military services, with support sought from the Government to build a museum in Gisborne to commemorate the East Coast’s “C Company” of the Maori Battalion.
Te Runanga o Ngati Porou entity Te Haeata has agreed to the deal, which goes back to the people for any further negotiation before it can be ratified.