Category Archives: Recent Posts

Urgent Hearing over Ngāti Wai mandate

Failure to actively protect the ability of hapu to exercise their rangatiratanga was central to a decision by the Waitangi Tribunal to grant an urgent hearing into the crowns recognition of the Ngati Wai Trust Board mandate.

Ngati Rehua hapu claimant Huhana Lyndon says they are overjoyed at the decision and the tribunals’ acknowledgement of over five hundred families who signed a petition in support.

In her decision Judge Reeves said, “It cannot go unstated that the issues involved are very close to those considered in the Ngāpuhi Mandate Inquiry Report.”

Te Uri o Hikihiki hapu claimant Miley George said, “We’ve done everything off our own backs we’ve had no resources no putea to be able to communicate and get the information out there but we have conviction and we believe in the mana of our hapu. “

As the matter is before the tribunal the Minister of Treaty Negotiations Chris Finlayson declined our request for comment today.  Meanwhile, Haydn Edmonds Chair of the Ngati Wai Trust Board said they believe the Deed of Mandate they have established clearly provides for Kaumātua, Hapū and Marae representatives to advise the Board at a governance level.

The claimants have been given forty days to prepare for the urgent hearing.

https://www.maoritelevision.com/news/regional/urgent-hearing-over-ngati-wai-mandate

Divided iwi trust returns to Tribunal

The Waitangi Tribunal has granted an urgent claim hearing to 11 groups who opposed the mandated authority for Ngāti Wai late last year.

Ngāti Wai, an iwi located on Northland’s east coast, has about 2700 registered members and was at the negotiation stage of its treaty process.

Fewer than 800 iwi members cast their votes in the Ngāti Wai mandate process, a participation rate of 28 percent.

The Crown accepted it regardless of the low rate and moved into negotiation phase with the Ngātiwai Trust Board.

But 11 claimant groups filed urgency claims with the Waitangi Tribunal claiming the Crown had not ensured the trust board carried out an open, fair and robust process.

Huhana Seve, one of the claimants from a Whangaruru hapū said the Treaty of Waitangi was signed by hapū, and grievances must be settled by an authority which adequately represented all of them.

“The Crown has recognised the mandate that doesn’t have a clear pathway for hapū to be a part of decision making but also that hapū need to consent to even be considered as part of their mandate.”

Ngāti Wai Trust Board chairman Haydn Edmonds said: “As the Waitangi Tribunal decision only came out late last night, we are still processing all the information in the report. It is necessary to take the time needed to absorb the information and to fully understand the Tribunal’s decision.

“We believe the Deed of Mandate that we have established clearly provides for Kaumātua, Hapū and marae representatives to advise the board at a governance level.”

The board will now have to show the Tribunal it represents all the hapū on its mandate list.

Both the board and the Crown will have to show no claimants or groups are being prejudicially affected by a policy, practice, act or omission of the Crown that is inconsistent with the principles of the Treaty of Waitangi.

The claimants now have just 40 days to prepare and file their evidence and affidavits.

http://www.radionz.co.nz/news/te-manu-korihi/302946/divided-iwi-trust-returns-to-tribunal

Maori Television : Ngāti Kahu ki Whangaroa sign their Deed of settlement

Ngāti Kahu ki Whangaroa sign their Deed of settlement

Since first being lodged, the claims of Ngāti Kahu ki Whangaroa have proved highly contentious. 30 years later an element of contention was still evident during today’s signing of their treaty of Waitangi settlement by the Crown.

According to Pita Pangari of Ngāti Kahu ki Whangaroa, “It’s good that they stand in opposition because they have the right to speak their thoughts.  But from my point of view our ancestors have petitioned long and hard calling for the return of our lands and today they are being returned.”

In 2007 the then Treaty minister, Dr Michael Cullen was forced to flee by protesters, many opposing the signing of the agreement in principle. However, the current Minister, Chris Finlayson hasn’t let any past or current contention deter him from today’s proceedings.

“You can either refuse to settle and keep on talking or bite the bullet and get the settlement done and then move on from there.  There comes a time when you just can’t keep talking you’ve gotta do things and that’s what the negotiators have recognised here,” said Minister Finlayson.

The boundaries of Ngāti Kahu ki Whangaroa are clarified in today’s settlement but those opposing it say that under the crowns handling of the issue the boundaries of the area under claim have moved to encompass more area than what it rightfully should.

Those still upset say that the issue was never fully discussed or resolved amongst the local people before today’s settlement.

http://www.maoritelevision.com/news/regional/ngati-kahu-ki-whangaroa-sign-their-deed-settlement

Breaking News : Irresponsible gifting of $70+ million worth of assets by Mr Finlayson and OTS to a Trust Board that only represents 585 of a Iwi with 3800+ members

SENT TO TVNZ NEWS, NZ HERALD NEWS and MAORI TV NEWS 18 Dec 2015
Hi,
I’m not sure if you’re interested, but I thought the New Zealand public might be. Mr Finlayson and OTS will be gifting $70+ million worth of land and cash to the Ngati Kahu ki Whangaroa Trust Board today. This is despite the Trust Board representing a mere 15% (585) of it’s Iwi; which is demonstrated in the recent poll – (from Election Services Poll Results NKKW-Election-Services-Results). The Trust Board claim to represent 3800 (2426 over 18yrs) members; however only 750 voted and only 585 voted to accept the governments offer; aka 15% of the Iwi accepted the offer.
Mr Finlayson points out in his attached letter, that 30.9% of eligible members voted; however those who voted to accept the offer only represented 15% of our Iwi. This wouldn’t normally be considered a majority decision in any election/poll; which involved 70+ million worth of assets; however Mr Finlayson is clearly adamant in his letter that he and OTS will be going ahead anyway. Also, if we read the PSGE Trust Deed; which Mr Finlayson refers to in his letter; it states that any sale of assets requires 75% of the entire Iwi to agree; however Mr Finlayson is still happy to gift $70+ million worth of assets to a Trust Board that only has the support of 15% of it’s Iwi.
Mr Finlayson, has shown extremely poor judgement stating that “a 30.9% voting turnout demonstrates a sufficient level of support from the claimant community”. That’s 30.9% of our iwi that voted, they did not vote to accept the governments offer, only 24.1% of eligible voters accepted the offer. Although, Mr Finlayson may find 24.1% a sufficient level of support to gift $70+ million worth of assets to a minority supported Trust Board, I beg to differ and I believe most of New Zealand would as well. In Mr Finlayson’s haste to gain browny points from the New Zealand public, he is clearly ignoring the responsibilities of his office, as well as the direction of the Waitangi Tribunal. All we ask, is for the fair and timely return of our Whenua as directed by the Waitangi Tribunal back in 1985.
Mr Key has previously been made aware of this matter, and I have only just emailed him again asking him to intervene in this matter; as per the email below. I do hope that Mr Key takes immediate action, as there will be clear ramifications in the Far North, that will be directly attributed to Mr Finlayson’s ill informed and arrogant decisions. All we are asking for is time to ensure an Iwi supported settlement; perhaps Mr Finlayson (and OTS) should be looking for acceptance from 75% (2850) of eligible voters not 24.1%?
Regards, Paeara Family
Reference material:
1) Unofficial Ngati Kahu ki Whangaroa in relation to Land Claim website – http://ngatiaukiwa.com/
2) Ngati Kahu ki Whangaroa Trust Board website – http://ngatikahukiwhangaroa.iwi.nz/

Letter to Mr John Key asking for him to intervene in the irresponsible gifting of our whenua by Mr Finlayson and OTS to a Trust Board that only represents 585 of the 3800 in our Iwi

Dear Mr Key,
Please find attached a letter (2015 12 17 Letter to Paeara Family [17881]) I received from Mr Finlayson today in relation to my concerns of his appalling behaviour and extremely poor judgement. He has intentionally ignored complaints about the behaviour of OTS, and has flipently dismissed my concerns over the lack of open communication between OTS, the NKWTB, and our wider Iwi over the past 8 years. Over the past years he and OTS have intentionally reneged on their word, and have intentionally restricted information to deny our wider Iwi the opportunity to make an informed decision. I have raised numerous complaints under the OIA, but have been blocked on all occasions by him and OTS.
Although Mr Finlayson seems intent on off-loading the responsibilites of his office, at the expense of justice, and openly flaunts the recommendations made by the Waitangi Tribunal back in 1985, in relation to the return of our whenua, I am hopeful that you will intervene to at least allow our wider Iwi the opportunity for a lasting setllement. Mr Finlayson seems intent on rushing this settlement through, despite the poor voting turnout and numerous complaints.
As you can read in his letter he has demonstrated extremely poor jugdement in this matter, and his decision will have far reaching ramifications. Of the 3800 (2426 over 18yrs) member of our Iwi, only 585 have voted to accept his offer; that’s only 15%!!!! This is hardly a majority decison; however despite this My Finlayson and OTS still plan to go ahead and hand over $70+ million dollars worth of assets to a Trust Board controller PSGE tomorrow (18 Dec 205).
Again, I ask that you intervene in this matter immediately, as this is clearly not a majority decision, with only 15% of our Iwi voting to accept it.
Regards, Paeara Family

Imminent signing of the Deed of Settlement has had people being invited to ‘celebrate this historic occasion’

16 December 2015

Mr Edwin Emery

Tribal Member: Ngati Kahu ki Whangaroa

Re: Imminent signing of the Deed of Settlement has had people being invited to ‘celebrate this historic occasion’

Among those celebrating will be three individuals who could be described as the ‘architects’ of this process:

Chris Finlayson, Politician – loyal to his party colleagues and their policies

As part of the current regime they are pushing through flawed ‘cookie-cutter’ treaty settlements, stamped ‘full & final’ so that White New Zealand can expunge it’s colonial past and ‘move on’.

Richard Hawk, Lawyer – a person who has been present from the start of the process

He has been the lawyer for the claim, for the iwi. Any legal document associated with this claim he would have had some input into or perhaps even authored.

One such document would be the Post Settlement Group Entity Trust Deed. Some 70 pages of ‘legal-speak’ designed with the express purpose of entrenching those who have control of assets ‘post-settlement’.

Hawk is a consultant with the legal firm ‘Jackson Russell’. Proudly displayed on the Jackson Russell website, as part of their history blurb is the following:

“1865 – 1890s: For the next 20 years or so the firm, like others in Auckland at the time, was much engaged in legal work connected with land speculation and gold mining.”

Land speculation in this context would have been the frenzied activity of white settlers acquiring land from Maori by whatever means. Parliament legalised it and the legal fraternity was the mechanism to affect it.

Peter Pangari, Real Estate Agent – this individual has all the traits necessary for his chosen occupation

I would suggest he views the land as a ‘commodity’ to be acquired as part of your ‘portfolio’.

He does have a propensity to enter properties without notification. On one occasion having to be evicted by my father.

Hawk and Pangari are mates, having met at night classes in Auckland in the 1980’s.

All three of these individuals have absolutely no bloodline connection to the lands in question, and yet they have had an impact on this iwi, way out of proportion to who they are as individuals. For the politician, the lawyer and the real estate agent – in the coming years that influence will diminish significantly.

Only 585 people of this tribe have voted to accept the ‘crumbs’ the Crown is ‘flicking to us’, a mere 15% of the iwi.

We will never know the true numbers of this tribe; however based on the Ngati Kahu ki Whangaroa Trust Board database there are 3,800 tribal members (refer NKKTB Treaty Information Booklet) – that would mean that 85% of the iwi do not wish this settlement to go ahead. Clearly those who are dissenting are a statistically significant majority.

Of the Trust Board tribal member database of 3,800, 1200 were deemed invalid (Election Services) – either under age or lying horizontal in our urupa. This suggests that the NKKWTB ‘stacked’ the database. If only 10 -20 names were deemed invalid that would be reasonable – not 1200.

To the ‘minority’ who accept this treaty settlement you will get the Treaty Settlement you deserve.

What say the Kaitiaki of this Whenua, be it the humble Kiore, the grandfather Kiwi or the ancient & revered Pohutukawa – nothing … but Absolute Silence !