Treaty Settlement - Ngātiwai Trust Board

Takutai Moana Urgent Inquiry Closing Submissions

11/11/2021

Tuesday this week saw the legal counsel of Te Poari o Ngātiwai present the closing submissions of the Board to the Waitangi Tribunal in the Urgent Inquiry against the Takutai Moana MACA legislation.

Represented by Stuart Henderson and Paula Wilson of Henderson Reeves Lawyers, our submissions to the Waitangi Tribunal was the end of this part of the journey for all MACA applicants in this Stage two inquiry.

We along with hapū, iwi and whānau claimants oppose the Takutai Moana MACA legislation as it stands.

The remedies the board seeks from the Waitangi Tribunal include:

Repeal the Act (overturn it)
We seek a longer conversation with the Crown on what the legislation should look like with funding to support our engagement
We seek the same rights granted (at a minimum) equal to that of Ngā rohe Moana o Ngā Hapū o Ngāti Porou Act 2019.

Te Poari o Ngātiwai were the closing speakers on behalf of hapū, iwi and whānau claimants - and support all submissions made in opposition to the Takutai Moana MACA legislation.

Crown submissions will be provided for the rest of the week.

You can watch the hearings on the links below:

Ngātiwai Trust Board closing Submission Day 2 presented by Paula Wilson of Henderson Reeves: https://youtu.be/xAXmogkAJqg please watch from the 7.28:30 mark for our closing submission.
Monday Day 1 Link: https://youtu.be/wLzoWXyLkC8 - Manaia Legal presenting for Whangaruru Claimants in the morning session 2.
Tuesday Day 2 Link: https://youtu.be/xAXmogkAJqg - Dixon and Co presenting for Patuharakeke and Ngunguru Marae Trust in the morning session 1.
Wednesday Day 3 Link : https://youtu.be/lxF7udKFqXs - Crown closing submissions all day

Our power point presentation made to the Tribunal can be found on our website here:
Te Poari o Ngātiwai Closing submission presentation - Macca Stage 2

RMA overrides MACA, so why have MACA?

22/6/2021

Paul Wilson - Henderson Reeves, Alyx Pivac - Ngātiwai Trust Board Resource Manager, Sarah Shaw - RMA expert, Barry Caldwell - Ngātiwai Communications Advisor and Tania McPherson Ngātiwai Treaty Claims Manager

The stage two hearings for Wai 2660 - Marine and Coastal Area Act (MACA) inquiry were held in Wellington in 24 to 26 May.

At this hearing Ngātiwai represented by our legal counsel Paul Wilson of Henderson Reeves and an expert RMA Witness, Sarah Shaw, present the evidence to the Waitangi Tribunal.

Sarah Shaw born and raised in Whangārei, is a qualified planner and lawyer specialising in Resource
Management, was introduced to our case by Paula Wilson to bring her expertise to challenge the Crown's MACA legislation.

In her evidence Sarah drew on her more than 20 years experience in RMA and local government policy, plan making and procedures to show the relationship between the MACA and the RMA, highlighting that any rights able to be won under the MACA are likely to be nullified by resource consents and other prioritized activities.

So as a Board we challenge why have MACA?

The Ngātiwai Trust Board Position on MACA

The Board want whānau to be clear on where we sit in regards Ngātiwai whānau or hapū MACA applications.

On the 31st of January 2021 the Ngātiwai Trust Board passed a resolution that "The Board formally agree that any rights able to be won under the MACA Act via the Boards applications will be held at the local whānau or hapū level and not with the Board or any Trustees."

Further where there are any shared or overlapping interests the Board says that this will ultimately need to be worked through at the local level with their neighbors or relations.

For this reason the Board has taken the position that it supports all Ngātiwai MACA applicants in-principle and there may well be a form of shared-exclusivity in some areas. In these situations the
Board will take a supportive but neutral role, leaving these matters to be resolved at the local level in accordance with tikanga Māori.

The Whakatohea Decision

Last month 13 applicants of Whakatohea around Opotoki had their rights and interest in the foreshore and seabed recognised in a judgment in the high.

This was a unexpected but fantastic outcome for hapū MACA applicants in the High Court judgment seeing them awarded customary marine title over the Takutai Moana area in Opotiki.

The decision is significant in that the court has found that territorial local authorities providing resource consents to people to use foreshore and seabed doesn't extinguish Māori ownership and rights to the same foreshore and seabed subject of that resource consent.

The Whakatōhea High Court case has now set a precedent for Māori rights and interest in their foreshore and seabed.

Treaty Claims Unit - Update

5/3/2021

Ngātiwai Trust Board attend in support of Ngātiwai whanui at week two of the Stage Two Hearings for Wai 2660

1/12/2020

It was wonderful to be at Otira today to support our Ngātiwai whanui as Ngāti Takapari and Ngātiwai ki Whangaruru presented their evidence to the Waitangi Tribunal at week two of the Stage Two Hearings for Wai 2660 - Marine and Coastal Area (MACA) Inquiry.

Our whānau again found themselves having to stand in front of the Tribunal defending their mana whenua, mana moana against the Crowns actions and legislations.

Our whanaunga Mylie George said in her evidence today " Our tahatai moana was confiscated in 2004. Its a stain on our national history, a retreat from truth and sixteen years later we still haven't sorted it out."

The Ngātiwai Trust Board congratulates our whānau for their mahi leading up to todays hearings, and for how brilliantly they did in standing and presenting to the Tribunal.

Thank you to Otira marae for your manaakitanga. We also mihi to our kaumātua, kuia and whānau that all attended in support.

Week two of the Stage Two Hearings for Wai 2660

30/11/2020

Our Ngātiwai whānau whanui, along with other Taitokerau claimants, will be presenting their evidence at Otira Marae in Moerewa during Week two of the Stage Two Hearings for Wai 2660 - Marine and Coastal Area (MACA) Inquiry – from Monday 30th November to Friday 4th December.

There is a powhiri today at 8.00am, and the Hearings begin 9.30am.

The main day for Ngātiwai is Tuesday and Wednesday where our whānau claimants will take the stand.
For those that want to watch the hearings, a live stream link will be provided which we will share as soon as it is available for you to watch.

We will be live streaming the hearings all week at the Ngatiwai Trust Board each day, where tea and coffee will be available. Feel free to bring your lunch or morning tea and watch each day at our office.

Please see the weeks timetable for timings of each claimant group presenting.

NGĀTIWAI STAND UNITED AGAINST TAKUTAI MOANA LEGISLATION

28/9/2020

Media Statement

Ngātiwai to present evidence at Whitiora Marae

27/9/2020

Ngātiwai will be presenting their evidence at Whitiora Marae in Kerikeri on Day one of the Stage Two Hearings for Wai 2660 - Marine and Coastal Area (MACA) Inquiry – from Monday 28th September to Friday 2nd October.

There is a powhiri on Monday, 28 September at 8.00am, and the Hearings begin 9.30am. The main day for Ngātiwai is Monday 28 September where the Ngātiwai claimants will take the stand after morning tea.

For those that want to watch the hearings, a live stream link will be provided which we will share as soon as it is available for you to watch.

We will be live streaming the hearings all week at the Ngatiwai Trust Board each day, where tea and coffee will be available. Feel free to bring your lunch or morning tea and watch each day at our office.
Please see the weeks timetable for timings of each claimant group presenting.

Hauraki Overlapping Claims

27/8/2020

In December 2019, the Waitangi Tribunal released their report on the Hauraki Settlement Overlapping Claims Inquiry. The Tribunal found that the Crown:

acted inconsistently with the Treaty principles of partnership and active protection;
had failed in its duties to act honorably and in good faith, and to avoid creating fresh grievances; and
failed in its obligations to protect or preserve amicable tribal relationships.

As a result the Tribunal found that the Crown had prejudicially affected Ngātiwai and recommended:

that the legislation giving effect to the Pare Hauraki Collective Settlement Deed, and the individual Hauraki iwi settlement deeds, does not proceed until the contested redress items have been through a proper overlapping claims process; and
that the Crown, when undertaking overlapping engagement processes during settlement negotiations, fully commits to and facilitates consultation, information-sharing, and the use of tikanga-based resolution processes that reflect the principles identified by the Tribunal.

Since the beginning of the year the Board has been actively communicating with all parties including the Crown and Hauraki groups. A letter was sent to the Prime Minister in January 2020 where we sought assurance that the Tribunals recommendations would be followed. We also requested full disclosure of all current overlapping redress (see map of Hauraki redress). We received a response from the Treaty of Waitangi Negotiations Minister in February 2020 confirming that he does not intend to progress Hauraki settlement legislation and his strong preference is to support and encourage iwi-led tikanga-based engagement on the disputed redress.

In the last couple of months the Board has been meeting with our Kāhui Kaumātua and our tikanga experts to debrief them on the Tribunals findings and recommendations and to seek their advice and support.

The Board has also been reaching out to all of the Hauraki groups individually, to bring our tikanga experts together to co-design the tikanga process as was recommended by the Tribunal. While hampered somewhat by the COVID-19 lock-downs, the Board has managed to have a follow up hui with Ngāti Paoa who was one of the few iwi who came North to meet with us in May 2018 at Whananaki Marae. A further invitation has gone out to Hako, the other Hauraki iwi who came to meet with us in May 2018.

The Board acknowledge Ngāti Paoa for their genuine intent to engage with us, to share kōrero around our concerns and to try and resolve these. Ngātiwai do so with the same intent, so the matters can be mutually agreed and Ngāti Paoa can continue on their Treaty Settlement journey without any significant delay.

As there are seven Hauraki iwi or collectives to work through, this is likely to be ongoing
mahi for some time.

The Board has also been meeting with Te Arawhiti (Crown officials) to discuss the Tribunal's report and findings, and in particular the Board felt an apology should be given to Ngātiwai for the terrible process and trauma that Ngātiwai had been put through, and that Te Arawhiti consider refunding Ngātiwai costs for participating in the urgent hearings in Wellington in 2018 as a measure of goodwill.

The different types of redress in dispute was also discussed that we are seeking to resolve, and if there was any flexibility from the Crown to provide alternate redress to
Hauraki groups should the tikanga based process lead to this possibility.

Preparations for Mandate Mediation

27/8/2020

Reflect, reset and recalibrate

In October 2017 the Waitangi Tribunal released their report on the Ngātiwai Mandate Inquiry. The Tribunal found that the Crown breached:

the principle of partnership and the duty of active protection by failing to protect actively the tino rangatiratanga of the hapū included in the Deed of Mandate; and
the principle of equal treatment in relation to the hapū who remain within the mandate and have no realistic prospect of being able to withdraw compared with those hapū who were earlier allowed by the Crown to settle separately or that have been released from the mandate without explanation.

As a result the Tribunal recommended that the negotiations be paused so that
mediation or facilitated discussions take place to debate the unsatisfactory elements of the Deed of Mandate.

“If successful, the Deed of Mandate should be amended and re-submitted to the parties, including the 12 hapū listed [in the mandate] for endorsement or rejection.”

Having spent a considerable period of time confirming that the Crown will fund the mediation, during July and August the Board’s Treaty Claims Committee have been reaching out to the claimants in an effort to begin discussions about the mediation and in particular how to go about appointing a mediator and specialist advisors to support the
mediation.

In terms of the upcoming Hui-ā-iwi the new Chairman, Aperahama Edwards says, "We
are looking forward to meeting with our whānau on the 5th of September at Matapouri Marae. As a Board we have taken time to reflect, reset and re-calibrate ourselves, and it is a process that we are still working through."

"Working with our Kāhui Kaumātua we have commissioned an independent review of the Board's operations by management consultants Deloitte.”

From our recent reconvened AGM, our uri had questions about the financial position of the Board over the past few years, so we agreed to work with our Kāhui kaumātua to open the books to financial experts Deloitte, who we hope will answer the questions that our people have been asking.

“We look forward to the outcome of this review which were are expecting around the end of September to early October", Aperahama says.

"This is part of the reflect, reset and recalibrate process we are doing as a Board, and what we want to also do as part of our Mandate mediation process. We are open and looking forward to having these discussions with our claimant hapū whānau."

“They may be difficult conversations based on the history of our mandate, but they are conversations that need to be had. We want to own the pathway that has got us to this position of requiring mediation."

"The Board want to take this as an opportunity to genuinely engage with our whānau to see how we can take our mandate to reflect, reset and recalibrate it with the input and aspirations of all our iwi. As Trustees and a Board we have begun working through our own issues in the spirit of kotahitanga and we want to go out to our people with the same intent, with honesty and with open hearts.”

Foreshore and Seabed Debate Replay

10/7/2020

The Poor Knights

The Ngātiwai Trust Board welcomed the Waitangi Tribunal’s Stage 1 Report on the WAI 2660 Marine and Coastal Area (Takutai Moana) Act 2011 Inquiry released on 30 June 2020.

The Tribunal found that the Crown had breached the principles of the Treaty of Waitangi in terms of partnership and active protection. As a result the Tribunal recommended that 100% of the reasonable costs of applicants should be met by the Crown and that Legal Aid be looked at further as a means of administering the costs.

This inquiry has been of huge importance to Ngātiwai as the takutai moana is central to the Ngātiwai identity as a people. The 2011 MACA Act established two paths for Māori including Ngātiwai to establish customary title in the takutai moana – either by applying to the High Court or by direct engagement with the Crown.

Stage 1 of this inquiry looked into the procedural and resourcing (i.e. funding) regime for Māori applicants seeking to establish customary rights under the MACA Act. In the hearings held in Wellington in March and August 2019 Ngātiwai claimants gave evidence relating to confusion of the MACA processes, the lack of consultation, the significant financial burden they had experienced with the Crown’s inadequate funding
regime for applicants, the Crown’s lack of clear policies and procedures for funding, and the MACA regime itself which was viewed as creating dissension amongst applicants.

The Tribunal concluded that that many aspects of the Crown’s procedural and resourcing regime fell well short of Treaty compliance. The Tribunal went on to say: “this is particularly regrettable given the context in which the Marine and Coastal Area (Takutai Moana) Act was developed– as a replacement for the controversial Foreshore and Seabed Act 2004, which left such a damaging imprint on Māori– Crown relations and the social fabric of Aotearoa New Zealand.”

The Tribunal’s specific recommendations included the Crown considering the current Legal Aid scheme as a suitable model for funding applicants and amending the Legal Aid scheme to accommodate marine and coastal area applications.

The Tribunal also requested that the Crown work with applicants to urgently address the policy vacuum that continues to impede the Crown engagement pathway – a necessary first step in achieving greater cohesion between the High Court application and direct
engagement pathways which the Tribunal considered fundamental.

In referencing its recent Hauraki Settlement Overlapping Claims Inquiry Report (2019) recommendations, the Tribunal also recommended that the Crown improve its support for groups seeking to resolve overlapping interests in MACA, so that applicant groups could reach resolution in a timely and tikanga-consistent manner.

In Stage 2 the Waitangi Tribunal will examine to what extent, if at all, are the MACA Act and Crown policy and practice inconsistent with the Treaty in protecting the ability of Māori holders of customary marine and coastal area rights to assert and exercise those rights.

The Board and other claimants filed their evidence for stage 2 of this inquiry in August 2020 with Northland hearings scheduled to be held at Whitiora Marae, Te Tii, Kerikeri between 28 September and 2 October 2020. Nau mai, haere mai e te iwi.

Ngātiwai is unified by its descent from one of the oldest lineages in Taitokerau, Ngāti Manaia.

HOME
ABOUT
MARAE
REGISTER
EVENTS
CONTACT

©Copyright 2016 Ngātiwai Trust Board. All rights reserved.

Website by Platform Agency