Thursday, November 9, 2017
THE Waitangi Tribunal panel listens intensely as presenters give their evidence in the urgent hearing regarding the Whakatohea settlement. Photo Louis Klaassen D6190-11
Karla Akuhata
THE purpose of the urgent Waitangi Tribunal hearing into the Whakatohea settlement is based on four issues.
Waitangi Tribunal Judge Michael Doogan gave the outline at the start of the first day of the hearing on Monday, which is being held at the Awakeri Events Centre.
Judge Doogan is leading the four-person panel charged with hearing the matter. Following the official welcome and ahead of the first presentation, which was made by members of Te Upokorehe, Judge Doogan said the panel’s job was to determine whether the Crown acted fairly, reasonably and in good faith while it was trying to negotiate a treaty settlement with the Whakatohea Pre-Settlement Trust.
He said when weighing up the evidence, to be delivered over the week, the panel must consider whether it was reasonable for the Crown to rely on information provided by Whakatohea Maori Trust board when establishing a mandate for the pre-settlement trust.
And, the panel must determine whether Te Upokorehe should be included, if any settlement is reached with the pre-settlement trust.
In opening Te Upokorehe’s presentation of evidence, lawyer Robyn Zwaan said under its Treaty of Waitangi obligations, the Crown had to prove their negotiations involved the right Maori group or groups to ensure that the intertribal relationships were protected.
She said Te Upokorehe considered themselves an iwi on their own, not a hapu of Te Whakatohea, and as a result they should be afforded the right of tino rangatiratanga (rangatiratanga) that had been guaranteed under the treaty.
“The Crown has fallen well short of its obligations to protect Te Upokorehe’s rights to retain its tino rangatiratana (chieftainship).
Ms Zwaan said the Crown, through the Maori development ministry, Te Puni Kokiri, had refused to engage with Te Upokorehe.
“The only feedback from the [Te Upokorehe] mandated policy was that according to the large natural grouping policy it had been grouped with Te Whakatohea.”
Her opening submission was backed up with evidence from Kahukore Baker, Trevor Ransfield, Maude Edwards, Tawhai Te Rupe and Curly Keno.
On Tuesday, the hearing heard evidence from Tawhirimatea Williams, on behalf Ngati Rua, who also opposed the pre-settlement trust’s mandate to negotiate Whakatohea’s treaty settlement.
Mr Williams said Ngati Rua would prefer for the tribe’s historical grievances to be heard through a Waitangi Tribunal inquiry rather than with direct negotiations between the Crown and the pre-settlement trust.
Representatives from the Mokomoko family were also set to give their evidence on Tuesday afternoon. The hearing is scheduled to be completed tomorrow afternoon.