Rapua ngā tuhinga ruku tātari

On 22 November 2008, the Waitangi Tribunal released its final report on the Treaty claims of iwi and hapu of Te Tau Ihu (northern South Island). The eight recognised iwi are Ngati Apa, Ngati Koata, Ngati Kuia, Ngati Rarua, Ngati Tama, Ngati Toa Rangatira, Te Atiawa, and Rangitane. The report had earlier been released as an incomplete pre-publication edition in order to help with the claimants in their settlement negotiations with the Crown.

The Tribunal inquiry panel comprised Maori land Court Deputy Chief Judge Wilson Isaac (presiding officer), Professor Keith Sorrenson, Pam Ringwood, and John Clarke. The late Rangitihi Tahuparae, a respected kaumatua of Whanganui, passed away on 2 October 2008 between the completion of the report and its publication.

In its report, the Tribunal found that many acts and omissions of the Crown breached the principles of the Treaty of Waitangi. In particular, the Tribunal concluded that ownership of all but a tiny fraction of land in the Te Tau Ihu district was lost to Maori without first gaining their free, informed, and meaningful consent to the alienations. Nor did the Crown ensure that fair prices were paid and sufficient lands retained by the iwi for their own requirements.

The Tribunal finds that, contrary to Treaty principles, the Crown granted lands at Nelson and Golden Bay to the New Zealand Company without first ensuring that all customary owners were fairly dealt with. It then proceeded with its own large-scale Wairau and Waipounamu purchases, making predetermined decisions as to ownership which ignored the rights of many Te Tau Ihu Maori or left them with little meaningful choice over the alienation of their lands.

As a result, by as early as 1860 Te Tau Ihu Maori had lost most of their original estate. Thereafter, the Crown failed to actively protect their interests in those lands which remained to them. It also failed to protect their just rights and interests in valued natural resources. Despite petitions from Maori and repeated reports from its own officials, the Crown failed to protect or provide for Maori interests and rights in their customary fisheries and other resources. The result of these failures was grinding poverty, social dislocation, and loss of culture.

The Tribunal found that the totality of Treaty breaches were serious and caused significant social, economic, cultural, and spiritual prejudice to all iwi of Te Tau Ihu. These breaches, the Tribunal considered, required large and culturally appropriate redress.

In an attempt to assist Te Tau Ihu Treaty settlements, the Tribunal made several recommendations for remedies. Having regard in particular to the relatively even spread in terms of social and economic prejudice across all eight Te Tau Ihu iwi, the Tribunal recommended that the total quantum of financial and commercial redress be divided equally between them.

The Tribunal also recommended that site-specific cultural redress should be discussed collectively with all groups involved in Te Tau Ihu Treaty negotiations and that the unique claim of Ngati Apa, whose customary interests within Te Tau Ihu were never extinguished by any kind of deed of cession, needed special recognition. The Tribunal found the Crown’s repeated failure to properly recognise and deal with the Kurahaupo iwi as the legitimate tangata whenua (alongside the northern tribes) of Te Tau Ihu to be a serious breach. It recommended that the Crown take steps to fully recognise and restore the mana of the Kurahaupo iwi.

The Tribunal recommended that the settlement of historical grievances relating to Wakatu Incorporation was most appropriately a matter to be concluded between the Crown and Te Tau Ihu iwi and that matters affecting the shareholders of Wakatu Incorporation since its establishment in 1977 should be resolved between the incorporation and the Crown. It recommended that the Crown enter into parallel negotiations with the Ngati Rarua Atiawa Iwi Trust, with a view to bringing the Whakarewa (Motueka) leases into line with the 1997 Maori reserved lands settlement.

The Tribunal’s report highlighted a number of shortcomings with respect to the current ‘offer-back’ regime under the Public Works Act 1981. It recommended amendments to the Te Ture Whenua Maori Act 1993 and the Public Works Act to address these issues.

The Tribunal also highlighted problems with resource and fishery management regimes and recommended changes and improvements to ensure that these regimes were more consistent with the Treaty. The Crown admitted that the Resource Management Act 1991 was not being implemented in a manner that provided fairly for Maori interests.

Finally, the Tribunal made recommendations with respect to the customary interests of Te Tau Ihu iwi within the statutorily defined Ngai Tahu takiwa. Te Tau Ihu iwi lost the ability to recover their interests in lands within the takiwa, which have been vested in Ngai Tahu as a result of earlier Crown settlement. The Tribunal strongly recommended that the Crown take urgent action to ensure that these breaches did not continue. It also recommended that the Crown negotiate with those Te Tau Ihu iwi identified in the report as having customary interests within the statutorily defined Ngai Tahu takiwa to agree on equitable compensation.