Tears Shed As Treaty Bills Completed
Maori Party Leader Tariana Turia was reduced to tears today as she led off the third reading debate of the Ngai Tāmanuhiri Claims Settlement Bill .
An excerpt from the bill describing what happened to Ngai Tāmanuhiri
• The Crown acknowledges
that—
o (a)prior to 1865 Ngai Tāmanuhiri had full
control of their lands and resources and were participating
successfully in the New Zealand economy; and
o (b)when
war broke out in the 1860s in other regions of New Zealand,
Ngai Tāmanuhiri remained neutral; and
o (c)Ngai
Tāmanuhiri were not involved in the fighting that took
place on the East Coast in 1865; and
o (d)the Crown used
military force in Tūranga in November 1865 when there was
no need for it to do so; and
o (e)it did not pursue all
reasonable possibilities for preserving peace in Tūranga
after it issued the ultimatum to the occupants of Waerenga a
Hika in November 1865; and
o (f)the occupants of Waerenga
a Hika were entitled to defend themselves; and
o (g)the
Crown’s attack on Waerenga a Hika whose occupants included
many women and children, was unwarranted, unjust, and
breached the Treaty of Waitangi and its
principles.
o
(3)The Crown acknowledges that its
military forces partook in indiscriminate looting of the
Tūranga region in the aftermath of the Waerenga a Hika
attack, which contributed to acute food shortages that
caused some loss of life among Tūranga Māori.
(4)The
Crown acknowledges that its detention of some Ngai
Tāmanuhiri in harsh conditions on the Chatham Islands for
more than two years without laying formal charges or
bringing them to trial—
o (a)meant that they were
detained for an unreasonably lengthy period, which assumed
the character of indefinite detention without trial;
and
o (b)inflicted unwarranted hardships on them and
their whānau and hapū; and
o (c)was prevented from
being challenged in the courts by several indemnity acts;
and
o (d)was wrongful, a breach of natural justice, and
deprived those Ngai Tāmanuhiri of basic human rights;
and
o (e)was an injustice and a breach of the Treaty of
Waitangi and its principles.
o
(5)The Crown further
acknowledges that these prisoners were justified in finally
escaping from the Chatham Islands in July 1868.
(6)The Crown acknowledges that when the Whakarau returned to the mainland, they had reason not to trust the Crown when it asked them to lay down their arms.
(7)The Crown acknowledges that the summary executions at Ngatapa by Crown forces in January 1869 breached the Treaty of Waitangi and its principles and tarnished the honour of the Crown.
(7A)The Crown acknowledges that the manner in which it forcibly took possession of Te Hau Ki Turanga, and its ongoing care of Te Hau Ki Turanga for many years, breached the Treaty of Waitangi and its principles.
(8)The Crown
acknowledges that—
o (a)some Ngai Tāmanuhiri did not
give any consent to the 1868 deed of cession;
and
o (b)those Ngai Tāmanuhiri who agreed to the cession
did so under duress; and
o (c)the pressure applied by the
Crown to secure this cession, and the resulting
extinguishment of Ngai Tāmanuhiri’s customary interests
in all their lands breached the Treaty of Waitangi and its
principles.
o
(9)The Crown acknowledges
that—
o (a)it did not consult with Ngai Tāmanuhiri
about the individualisation of titles by the Poverty Bay
Commission, or the introduction of the native land
legislation; and
o (b)the Poverty Bay Commission awarded
joint tenancies, which promoted alienation as these titles
could not be bequeathed; and
o (c)the awarding of titles
to individuals by the Poverty Bay Commission and the Native
Land Court made Ngai Tāmanuhiri lands more susceptible to
partition, fragmentation, and alienation; and
o (d)this
had a prejudicial effect on Ngai Tāmanuhiri as it
contributed to the erosion of traditional tribal structures,
which were based on collective tribal and hapū
custodianship of land. The Crown failed to take adequate
steps to protect those structures and this was a breach of
the Treaty of Waitangi and its principles.
o
(10)The
Crown acknowledges that it failed to enact legislation
before 1894 that facilitated the administration of Ngai
Tāmanuhiri land subject to the native land laws on a
community basis, and this was a breach of the Treaty of
Waitangi and its principles.
(11)The Crown acknowledges that it did not investigate an allegation that the Validation Court had a validated transaction for 11,000 acres in Maraetaha 2, which did not take place.
(12)The
Crown acknowledges that—
o (a)a significant proportion
of Ngai Tāmanuhiri land became vested in the East Coast
Trust; and
o (b)its failure to provide for Ngai
Tāmanuhiri beneficial owners to be involved in the
development of policy for the administration of their land
once it became clear that this Trust would have a long-term
existence was a breach of the Treaty of Waitangi and its
principles.
o
(13)The Crown acknowledges
that—
o (a)it compulsorily acquired land from Ngai
Tāmanuhiri under public works legislation in a number of
blocks; and
o (b)it took land for roads without paying
compensation; and
o (c)there was generally inadequate
consultation with Ngai Tāmanuhiri about public works
takings before the middle of the twentieth century;
and
o (d)as late as 1983 the Crown acquired 99 acres at
Maraetaha for waterworks under public works legislation,
further reducing Ngai Tāmanuhiri
landholdings.
o
(14)The Crown acknowledges the
distress caused by the Manutuke consolidation scheme in the
years following 1958, as it required many Ngai Tāmanuhiri
to exchange land to which they had significant ancestral
connections for land to which they had no
connections.
(15)The Crown acknowledges—
o (a)the
severe impact on Ngai Tāmanuhiri of the loss of many
traditional sources of kai moana because of the pollution of
their coastline by Gisborne’s sewage system and industrial
waste; and
o
o (b)Ngai Tāmanuhiri have lost control
over many of their significant sites, including wāhi tapu,
and that this has had an ongoing impact on their physical
and spiritual relationship with their land.
o
(16)The
Crown acknowledges that the cumulative effect of the
Crown’s actions and omissions, including the operation and
impact of the Poverty Bay Commission and native land laws,
left Ngai Tāmanuhiri virtually landless and undermined
their economic, social, and cultural development. The Crown
acknowledges the devastating consequences that flow from
this for the well-being of Ngai Tāmanuhiri. The Crown’s
failure to ensure that Ngai Tāmanuhiri retained sufficient
lands for its present and future needs was a breach of the
Treaty of Waitangi and its principles.
(17)The Crown acknowledges that Ngai Tāmanuhiri have lived with poorer housing, lower educational achievements, and worse health than many other New Zealanders for too long.
(18)The Crown
acknowledges that Ngai Tāmanuhiri have—
o (a)made a
significant contribution to the wealth and development of
the nation; and
o (b)honoured their obligations and
responsibilities under the Treaty of Waitangi, especially,
but not exclusively, in their contribution to New
Zealand’s war efforts overseas. The Crown pays tribute to
the contribution made by Ngai Tāmanuhiri to the defence of
the nation.
•
MPs passed the bill and the the Rongowhakaata Claims Settlement Bill on a voice vote.
In all the House passed bills relating to four treaty settlement.
**
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