Ngapuhi closer to settlement

Two significant developments this week bring Ngapuhi – the biggest Iwi in Aotearoa – closer to settlement

In two significant developments this week, the historic Ngapuhi Te Tiriti o Waitangi settlement came a step closer. The two developments are:

Government to move forward with process to recognise Te Ropu o Tuhoronuku Mandate

In a letter to Sonny Tau, Interim Chair of Te Ropu o Tuhoronuku and co-chairs of Kotahitanga (dated 8 April) the Minister of Treaty of Waitangi Negotiations, Hon Christopher Finlayson, said the people of Ngapuhi had been extensively consulted on the proposed Tuhoronuku mandate and had voted on it (in September 2011).

Said Mr Finlayson: “The vote indicated a significant level of support for the Tuhoronuku deed of mandate. The next stage in this process is for the Crown to advertise that mandate and seek further views from Ngapuhi on whether there is sufficient support for us to recognise a mandate for Tuhoronuku”.

Mr Finlayson said the mandate would be advertised around June this year over a six week period.

If the Government recognised the mandate, it is proposed that a process would be held from September to December this year to elect representatives to the Tuhoronuku Independent Mandated Authority. After that, negotiations will begin with the Crown on the settlement of all historical Crown breaches and grievances against Ngapuhi and Te Tiriti o Waitangi.

Mr Finlayson said in his letter that the Crown had long signalled it is open to entering Treaty settlement negotiations alongside the Tribunal hearings. “If a mandate is recognised and negotiations do commence, it would provide a unique opportunity to align the hearings and negotiation processes.”

Mr Finlayson has said previously that he hopes to see the Ngapuhi settlement negotiations completed by the end of 2014.

Maori Appellate Court dismisses Ngati Hine appeal

In a judgment released on Monday, the Maori Appellate Court rejected an appeal by Ngati Hine from a 2011 Maori Land Court finding that it did not have jurisdiction to hear the Ngati Hine challenge to the Tuhoronuku mandate.

Ngati Hine had tried to connect the Te Tiriti settlement mandate process to their right to apply for withdrawal from Te Runanga-a-iwi o Ngapuhi under the Fisheries Act. The Maori Appellate Court found that their right to apply for withdrawal under the Fisheries Act did not give it jurisdiction to hear Treaty settlement mandate issues.

Said Te Ropu o Tuhoronuku Interim Chairman, Raniera (Sonny) Tau: “These two developments are truly significant in the enduring Ngapuhi journey to settlement.

“It is now 18 months since Ngapuhi overwhelmingly gave their mandate to Tuhoronuku. Since then, we have listened to people and have worked with them – and the Crown – to strengthen our mandate representation structure.

“Minister Finlayson said in his letter that ultimately it is for Ngapuhi to decide a fair and open process. Therefore we welcome the coming six week window where the Tuhoronuku mandate will be advertised so our people can assess the amendments and signal their support.

“In terms of the Maori Appellate Court finding, this decision is not a surprise. However, it is good to have confirmation from a higher Court. Hopefully this means that Ngati Hine can move past the strategy of litigation so we can approach the Crown united for the important settlement mahi ahead.

“That was one of the key findings of the recent Horizon Research Ngapuhi 2013 survey: our people want tribal unity.

“As we have stated before, Ngati Hine are proudly Ngapuhi and we will always open the door to all Ngapuhi hapu and Te Tiriti claimant communities who wish to be part of this historic settlement.”

ENDS

About Ngapuhi:

Ngapuhi, by far the biggest Iwi in Aotearoa, will be the last of the big Te Tiriti o Waitangi settlements. In the 2006 Census, it had 123,000 members who proudly affiliated to Ngapuhi. About Te Ropu o Tuhoronuku:

Te Ropu o Tuhoronuku represents all Ngapuhi, no matter where they live.

Te Ropu o Tuhoronuku is an independent sub-committee of Te Runanga-a-iwi o Ngapuhi.

In September 2011 Ngapuhi voted overwhelmingly (76% of those who voted) to give their mandate to Te Ropu o Tuhoronuku to negotiate directly with the Government to settle all historical Crown breaches and grievances against Ngapuhi and Te Tiriti o Waitangi.

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