Scoop has an Ethical Paywall
Work smarter with a Pro licence Learn More

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

 

A Slap In Face To Natural Justice

The Government continuing to push through a Wairarapa treaty settlement without addressing serious flaws in it, is a slap in the face to natural justice and rank hypocrisy from the Crown.

That’s the submission today to Parliament’s Maori Affairs Select Committee by the claimants of Waitangi Tribunal claim number 85.

Wairarapa Moana, which represents Maori given land in the central North Island (Pouakani) to replace their land in South Wairarapa which, in both cases was taken from them by the Crown, sought an urgent hearing by the Tribunal last year arguing that WAI85 should not be included in the wider Ngati Kahungunu settlement.

Wairarapa Moana has been seeking a direct return of the land at Pouakani through the Tribunal via what is known as a resumption order. The Supreme Court heard an appeal on that matter in February but reserved its decision.

Another hapu of Ngati Kahungunu, Ngai Tumapuhia a Rangi, also filed an urgent claim before the Tribunal alleging that the WAI429 claim should not be included in the Settlement as they too are seeking a resumption order over Ngāumu Forest.

Late last year the Waitangi Tribunal found the Crown had proceeded in ‘error’ because there was no mandate to settle the WAI85 and WAI429 claims within the wider iwi settlement and the advice the Minister relied on was flawed.

“The Minister’s response was to simply reject the Tribunal’s findings and say he didn’t agree with them. No expert advice or high-level review. No waiting for the Supreme Court decision on our case. Just a denial of Natural Justice - again,” said Wairarapa Moana Chairman Kingi Smiler.

Advertisement - scroll to continue reading

Are you getting our free newsletter?

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.

The Tribunal stated that its findings ‘depict a flawed and unfair settlement process for which the Crown is responsible.’ It recommended the Crown postpone the introduction of settlement legislation, allow the litigation to take its course, and help the iwi resolve conflicts it has played a part in causing during the settlement process.

“Yet, eight months after the Waitangi Tribunal released its report the Crown continues to push on with the wider settlement and is effectively trying to bury the flaws identified by the Tribunal within it.

“It was clear that there was no mandate to settle WAI85 or WAI429 within the Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua Deed of Settlement, Mr Smiler said.

“The Crown’s own policies demand strong, proven mandate from iwi at every step of the treaty settlement process. But now when it doesn’t suit it, it ignores its own rules for political expediency. That’s rank hypocrisy,” Mr Smiler said.

“Today we are having to reiterate our concerns and the Waitangi Tribunal’s concerns to the select committee with none of the flaws in the bill having yet been fixed.

“Simply, the only way to restore the mana and honour of the Crown and Parliament is to remove Wai 85 from the Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua Deed of Settlement and deal with the serious issues that remain.

Mr Smiler said the WAI85 and WAI429 claimants do not wish to hold up the rest of the Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua settlement. “That would be unfair on them. Just as it is unfair on us to have these two claims wrongly included in the settlement.”

© Scoop Media

Advertisement - scroll to continue reading
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines



Gordon Campbell: On Dune 2, And Images Of Islam


Depictions of Islam in Western popular culture have rarely been positive, even before 9/11. Five years on from the mosque shootings, this is one of the cultural headwinds that the Muslim community has to battle against. Whatever messages of tolerance and inclusion are offered in daylight, much of our culture tends to be hostile to Islam when we’re sitting in the dark, with popcorn.
Any number of movie examples come to mind, beginning with Rudolf Valentino’s role (over a century ago) as the romantic Arab hero in The Sheik...
More


 
 


Government: One-stop Shop Major Projects On The Fast Track

The Coalition Government’s new one-stop-shop fast track consenting regime for regional and national projects of significance will cut red tape and make it easier for New Zealand to build the infrastructure and major projects needed to get the country moving again... More

ALSO:


Government: GPS 2024: Over $20 Billion To Get Transport Back On Track
Transport Minister Simeon Brown has released the draft Government Policy Statement (GPS) on Land Transport, outlining the Coalition Government’s plan to build and maintain a transport system that enables people to get to where they need to go quickly and safely... More

ALSO:

Government: Humanitarian Support For Gaza & West Bank

Winston Peters has announced NZ is providing a further $5M to respond to the extreme humanitarian need in Gaza and the West Bank. “The impact of the Israel-Hamas conflict on civilians is absolutely appalling," he said... More


Government: New High Court Judge Appointed

Judith Collins has announced the appointment of Wellington Barrister Jason Scott McHerron as a High Court Judge. Justice McHerron graduated from the University of Otago with a BA in English Literature in 1994 and an LLB in 1996... More

 
 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels


 
 
 
 

Join Our Free Newsletter

Subscribe to Scoop’s 'The Catch Up' our free weekly newsletter sent to your inbox every Monday with stories from across our network.