Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Ngāpuhi did not cede sovereignty


Press release 26/11/2012

Embargoed till 28 November 2012

Ngāpuhi did not cede sovereignty

Independent Observers Panel report on initial Ngāpuhi claim shatters myths

The commissioners of a ground-breaking independent report on the Declaration of Independence and the Treaty of Waitangi say the report will shatter forever the myths surrounding the treaty.

It is the first time such a report has been commissioned and published to stand alongside a Waitangi Tribunal report based on the same evidence.

The report was commissioned by Titewhai Harawira and Nuki Aldridge on behalf of the Kuia and Kaumātua of Ngāpuhi Nui Tonu. It contains several recommendations made by the panel to address its findings.

The evidence was given over five weeks at the initial Ngāpuhi claim hearings in 2010 and 2011. Particularly significant were the statements by the Ngāpuhi speakers on the meaning and intentions of He Wakaputanga o te Rangatiratanga o Nū Tīreni 1835, and Te Tiriti o Waitangi 1840.

The report makes clear that Ngāpuhi did not sign away their sovereignty to the British Crown. It is also clear from the evidence presented in the report that Ngāpuhi did not cede governance to the Crown either. It says the evidence shows the rangatira wanted the Crown to provide a Governor who would take charge of its unruly British subjects living here.

From 2006, Kuia and Kaumātua had voiced concerns about the independence of the Waitangi Tribunal process, but the Government had not responded to requests for an international forum to hear evidence on the two founding documents.

They had then decided to commission an independent report on the hearings. Limited funds had meant that an international observer was not an option, so expertise was sought within New Zealand.

Three panel members were chosen to write the report. They are Susan Healy, Ingrid Huygens, and Takawai Murphy. With the addition of a kaitiaki from the north, Hōri Parata, the group consisted of two Māori and two Pākeha. (Editors: biographies attached).
Mrs Harawira said, “The declaration and the treaty were the result of the friendship that Ngāpuhi rangatira had with British royalty that began in 1820 with the visit by Hongi Hika and Waikato. Ngāpuhi had a dialogue that started with King George, and continued with King William and Queen Victoria. We want to be able to continue that dialogue.”

As a result of the relationship that had been established and that was recognised in He Wakaputanga, a Governor was called for by Te Wakaminenga o Nga Hapu o Nū Tīreni to exert British authority over British subjects living here without regard to either Māori or British law.

“He was to work alongside the rangatira here – never to have authority over them,” she said. “They agreed to allow a governor, appointed by themselves and acting under their authority, to exercise British control over new migrants living in their rohe – nothing more and nothing less."

“We have had to fight a long and arduous battle to raise the profile of Te Tiriti o Waitangi and to have the promises made in Te Tiriti redeemed. We have seen the comings and goings of many Prime Ministers – they are now gone, but for us our battle continues. The Ngāpuhi Nation is firm in its belief that our tūpuna did not cede sovereignty.”

Report commissioner Nuki Aldridge said the report was a response to the wishes of Kaumātua for an independent exercise to be undertaken by people chosen by them, just as the Tribunal members are chosen by the Government.

He said however that he expected the Tribunal would reach the same conclusion as the independent observers: that there is only one authentic treaty, which confirms the statements made in He Wakaputanga. “Te Tiriti was intended to foster peaceful prosperity for both cultures and remains so for the future when implemented as intended.”

He said the report would be popular reading among Ngāpuhi and the Crown this summer. It would bring a sharper focus to Waitangi in February because the knowledge shared by those giving evidence was a powerful and unifying force, at a time when it was most needed.

Mr Aldridge also commented on the need for fair process in the hearing of treaty claims: “In a treaty debate, you would think it reasonable that the rules of engagement are promulgated in equity by both parties. But it is inequitable where one party to a treaty makes the rules and has access to wealth to prosecute their evidence, while the other party is directed on how and when the resources are available.”

“The availability or the lack of resources then controls the outcome. The story will be tainted by the rules and regulations that are imposed. The imposed rules and regulations also control the outcome and of course will show bias in
favour of the system that has imposed its rules and regulations. This is why Ngāpuhi needed an independent report.”

“Those who fail to assert their rights have none. In this report the voices of Ngāpuhi are heard again asserting our rights, and we expect a decent response,” he said. “When will tāngata whenua get the opportunity to be part of the decision making process?”

Background on Panel members

The Independent Observers were selected for their experience in research and education work related to the treaty, and their independence from government direction.

Susan Healy is a Pākehā of Irish, British and Cornish ancestry. She has a PhD in Māori Studies from the University of Auckland, her dissertation being The nature of the relationship of the Crown in New Zealand with Iwi Māori (2006). She has since done research into the literature on tuku whenua as customary land allocation.
Ingrid Huygens is a Pākehā of Dutch ancestry, and a researcher in cultural relations, community psychology and social change. Her PhD from University of Waikato investigated Processes of Pakeha change in response to the Treaty of Waitangi (2007). She is currently national coordinator of Tāngata Tiriti – Treaty People, an independent Treaty education programme for students, organisations and new migrant communities.

Takawai Murphy, Ngāti Manawa, Murupara, B.Ed., has taught in primary, secondary, tertiary and adult education. During the last 20 years he has facilitated the Te Pūmaomao Nationhood-Building course with wife Chris, both in Aotearoa-New Zealand and overseas. He is also a decolonisation and Treaty of Waitangi educator and researcher.

Throughout the hearing Hori Parata acted as support and cultural advisor for the panel.

Hōri Temoanaroa Parata is of Ngātiwai descent with links to Te Waiariki, Ngāti Hine, Ngāti Pūkenga, Ngāti Maru, Tainui, Whānau a Apanui, Raukawa, Ngāti Koata, and Moriori. He holds an M.A. in Indigenous Studies from Te Whare Wānanga o Awanuiarangi, and is currently completing a PhD on kaitiakitanga. Over a period of 25 years, he developed the Ngātiwai Trust Board’s resource management unit, and now acts as their kaumatua in many arenas, including the Wai 262 Flora and Fauna claim.

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Passport Cancellation, Surveillance: Draft 'Foreign Fighters Legislation' Released

The main proposals contained in the legislation and which have been previously flagged by the Prime Minister are:
• Extending the period the Minister of Internal Affairs can cancel a passport to up to three years from the existing law’s 12 months
• Giving the Minister of Internal Affairs the power to temporarily suspend passports for up to 10 working days in urgent cases
• Allowing the NZ Security Intelligence Service (NZSIS) to carry out video surveillance on private properties for the purpose of observing activities of security concern, modelled on the Police’s powers in the Search and Surveillance Act
• Allowing the NZSIS to conduct emergency surveillance for up to 48 hours prior to the issue of a warrant, with the approval of its Director and subject to the oversight of the Inspector General of Intelligence and Security. More>>

 

Parliament Today:

Savings Targets: Health Procurement Plan Changes Direction

Next steps in implementing DHB shared services programme Health Minister Jonathan Coleman says the Government has agreed to explore a proposal put forward by DHBs to move implementation of the shared services programme to a DHB-owned vehicle. More>>

ALSO:

More on Health Policy:

Auckland Unification: 'No IT Cost Blowout' (Just More Expensive)

Following discussion of an update on Auckland Council’s Information Services Transformational Programme at today’s Finance and Performance Committee, council has released the report publicly. More>>

ALSO:

Other Expensive Things:

Gordon Campbell: On The SAS Role Against Islamic State, And Podemos

Only 25% of the US bombing runs are even managing to locate IS targets worth bombing. As the NYT explains at length, this underlines the need for better on-the-ground intelligence to direct the air campaign to where the bad guys have holed up... More>>

ALSO:

Public Service: Commission Calls For Answers On Handling Of CERA Harassment

EEO Commissioner Dr Jackie Blue is deeply concerned about the way in which the State Services Commission has handled sexual allegations made against CERA chief executive Roger Sutton this week and is calling for answers. More>>

ALSO:

Gordon Campbell:
On Andrew Little’s Victory

So Andrew Little has won the leadership – by the narrowest possible margin – from Grant Robertson, and has already been depicted by commentators as being simultaneously (a) the creature of the trade unions and (b) the most centrist of the four candidates, which would be an interesting trick to see someone try in a game of Twister. More>>

ALSO:

China President Wishlists: Greens Welcome Xi, But Human Rights Need To Be On Agenda

“President Xi has made some progress on climate change, but he must also lift the Chinese government’s game on human rights issues,” Green Party Co-leader Dr Russel Norman said... It is important that our Government continues to urge the Chinese government to show restraint and respect human rights in both Tibet and the Xinjiang province.” More>>

ALSO:

Airport Security Breach: CAA Fines Minister

Minister Brownlee has been issued an infringement notice and is required to pay a $2000 infringement fine for breaching Civil Aviation Rule 19.357(b), which states no person may be in an airport security area without an appropriate identity card or document. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news