Patuharakeke Te Iwi Treaty Claims Update
On the 4th October 2016 the Waitangi Tribunal Hearing into the Ngātiwai Trust Board (NTB) Deed of Mandate (DOM) will take place at Toll Stadium in Whangarei. The decision to grant urgency was announced in May 2016 after several claimant groups including Wai 745 –The Patuharakeke Hapu Lands and Resources Claim filed applications in 2015 opposing the Crown decision to recognise the mandate.
Affadavits on behalf of Patuharakeke’s claim were filed by Jared Pitman, Ani Pitman, Grant Pirihi, Bronwyn Mackie and Guy Gudex.
In granting urgency the Tribunal has acknowledged the central theme of hapu rangatiratanga as quoted in the judgement granting a hearing :
“I apprehend that the central proposition for most claimants is that the confirmation and guarantee contained in Article 2 of Te Tiriti was to the rangatira, the hapu, and to all of the people, and that is the way that the matter should be dealt with. The Crown should not attempt to go over the head of hapu without hapu consent.”
In the detailed application submitted by Patuharakeke we claimed that significant and irreversible prejudice will result from this process and that the Crown breached many of the agreed Treaty principles including:
- Failing to act impartially in its recognition of the NTB’s Deed of Mandate;
- Failing to adequately address and respond to the claimants’ concerns over the application of the Crown’s large natural grouping policy;
- Failing to address or resolve concerns relating to the Ngātiwai mandating process, including hui and voting processes;
- Failing to have due regard to the opposition of the claimants to the mandate process, and their inclusion in the NTB’s Deed of Mandate; and
- Failing to carry out a fair process leading up to its recognition of the NTB’s Deed of Mandate, and failing to ensure that the mandate was not pre-determined.
It is important to remember that this is about the Crown processes and hapu rangatiratanga. Patuharakeke Te Iwi Treaty Claim Committee has always continued to acknowledge the close connections to all surrounding iwi and hapu and the historical ties to Ngātiwai and Ngāpuhi. What the Crown has not respected is the hapu rangatiratnga and mana moana and mana whenua of Patuharakeke – exemplified particularly by ahi kaa roa since well before the Treaty and continuous up to today.