Hapu of Te Whakatohea opposed to the New Zealand government's Treaty of Waitangi settlement deal for their Raupatu - invasion and land confiscation - claims and the cutting off of their historic Treaty of Waitangi claims in the Waitangi Tribunal are set to demonstrate their concern today at the signing event scheduled to take place this afternoon in their tribal territory of Opotiki, Eastern Bay of Plenty.

Tracy Hillier, Waitangi Tribunal claimant for Ngai Tamahaua Hapu (Ngai Tama) explains the situation: "The signing today will not be valid and cannot be binding for the reason it has not been consented to according to the tikanga of our Hapu. The voting process was badly flawed and there is considerable and sustained rejection of the mandate, the trust and the deed. Those people do not represent the Hapu."

"Having a so-called 'settlement' signing on this day - the 183rd anniversary of the signing of the Treaty in Opotiki - Te Tiriti o Waitangi ki Opotiki - is sad because any settlement should be a sacred day honouring those who gave their lives for mana motuhake of the Hapu. Today, the 27th of May, is a date which Ngai Tama has held public commemorations for the Treaty signing for many years in Opotiki and at Opape Marae without any interest from any of the people involved in this so-called 'Treaty settlement'. They have no commitment or understanding of Te Tiriti. This is abusive colonial action to maintain power and control," said Mrs Hillier.

Judge rules Hapu at mercy of 'Iwi' - allows Whakatohea deed signing despite division

The Hapu legal attempt to stop the would-be surrender was shot down by Justice Cooke late on Thursday (25 May 2023) when he gave his decision rejecting an injunction application. Cooke sided presumptively with the government claim that Hapu have no right of independence and are subject to the unscrutinised aggregate voting of the government funded trust board that it defines as an Iwi.

Ngai Tama, Ngati Rua and Te Upokorehe representatives are supporting Ngati Ira in their judicial review action in the High Court at Wellington that started earlier this month relating to the validity of the Whakatohea Treaty Settlement dealings and the government-backed trust. The injunction application to halt the signing of the Deed of Settlement was heard on Wednesday 24 May and the decision given the next day.

Justice Cooke gave three reasons for declining the application. All three reasons are mistaken explains Ngai Tama Hapu Deputy Chair Tim Herewini: "The idea that a Hapu has no ultimate independence and can be subjected to an iwi/uri vote or be over-ruled by other Hapu is not reality, it makes no sense, it is a misconception. The idea that a government just has to announce that it will sign a promise to someone to introduce legislation in the next three years means the courts cannot touch the matter is plainly false on the face of it and deeply problematic if applied to all government dealings involving regulation. The idea that timing of legal action should be held against the Hapu in a one-sided struggle is itself unfair."

"The so-called 'settlement' deal has no credibility and no consent from this Hapu. The Waitangi Tribunal was quite wrong to keep the deal on the table and the judge here was quite wrong on relying on self-serving notions that are constructed for the administrative convenience of the government," said Mr Herewini.

Link to injunction decision:

https://www.courtsofnz.govt.nz/assets/cases/2023/2023-NZHC-1255.pdf

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