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

Gordon Campbell: On Labour’s
Very Bad Year

While Labour leader David Cunliffe still appears to be in denial about the extent of Saturday night’s debacle, there was hardly a single redeeming feature about the election results for the centre-left. Even the victory by Labour’s Stuart Nash in Napier was the outcome of a strong showing by Conservative Party candidate Garth McVicar that split the centre-right vote... More>>

Election: National Win

With all votes counted National and John Key have won a third term and are close to being able to govern alone if they so choose.

Key has indicated he will still reach out to form a Government with ACT, United Future and Maori Party.

National ended the night on 48 percent, Labour 24.6 and the Greens 10. More>>

Overall Results | Live Results | Predictions |

ALSO:

.

 
 


Perfectly-Timed Anniversaries: Suffrage Day Is Last Chance To Enrol

“The last chance to enrol is Friday 19 September. You can’t enrol on election day.” More>>

ALSO:

Gordon Campbell: On First Time Voting (Greens)

For the last two days, I’ve turned my column over to a couple of guest columnists who are first time voters… Today’s guest columnist is Ana Avia-O’Connor, who will be casting her first time vote on Saturday for the Greens. More>>

ALSO:

Meddling: Aussie Liberals Embroiled In Key Campaign

John Key needs to explain why Australia’s Liberal Party is interfering in New Zealand domestic politics and is encouraging Kiwi voters across the ditch to vote for National just days out from the election, Labour’s campaign spokesperson Annette King says. More>>

ALSO:

SURVEILLANCE:

Election Ad Soundtrack: Rapper Eminem Sues National Party Over Copyright Breach

US rapper Eminem is suing the New Zealand National Party for alleged copyright infringement over unauthorised use of the rapper’s ‘Lose Yourself’ song in an election campaign advertisement. More>>

ALSO:

Big March: Call For An End To Domestic Violence

Hundreds of protesters marched down Lambton Quay to Parliament Monday calling for an end to domestic violence. Wearing white facemasks, waving banners and calling for “safety” for the women and children of New Zealand.. More>>

ALSO:

Pre-Election Chartering: Four New Partnership Schools To Open

Education Minister Hekia Parata today announced the Government has signed contracts to open four new Partnership Schools in 2015. More>>

ALSO:

Werewolf 50 Out Now - The Election Issue: Loss Leaders

Gordon Campbell: A third term requires a mature decision, with eyes wide open. It calls for a conscious vote of confidence… Without trying hard here are about 19 reasons, in no particular order, for not ticking ‘party vote’ National. More>>

ALSO:

Not-Especially New Plans: All Prisons To Become Working Prisons Under National

All public prisons in New Zealand will become full working prisons by 2017, and ex-prisoners will receive post-release drug addiction treatment if National is returned to government, says Corrections Spokesperson Anne Tolley. More>>

ALSO:

Māngere: "False Claim Of Matai Title" - Labour

National must explain why its candidate for Māngere Misa Fia Turner appears to be using a Matai title she is not entitled to, Labour’s MP for Māngere and Pacific Islands Affairs spokesperson Su’a William Sio says. A Matai title is a legally-recognised ... More>>

ALSO:

CPAG Report: No New Zealand Child Should Grow Up In Poverty

Child Poverty Action Group's flagship policy publication Our Children, Our Choice: Priorities for Policy calls for cross party political agreement to underpin an action plan to eliminate child poverty in New Zealand. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news