Supporting Document in Review of Treaty

Settlement Negotiation Process,

& Leadership for Ngapuhi 2015

>>>>>Prepared for members of Tai Tokerau Hapu, Northland.

May / June 2015

Cause of Conflict & Te Tikanga mo te Whakamarama• That the Maori language text is not an

exact translation of the English text NZMC [‘87] Tribunal have jurisdiction to determine treaty meaning s5(2) TOW Act 1975.

• Common Law Orthodoxy & Te Tiriti – “ te Tiriti is not enforceable unless incorporated into domestic law i.e. made by executive and not Parliament ( Re: Ninety Mile Beach).

• Treaties and statutes relating to indigenous should be liberally construed and resolved in favour of indigenous interpretation ( R v Sioui)

Treaty Principles defined by the CourtPartnershipActive ProtectionReciprocation (Good faith)ConsultationLoyalty ( Maori) to the CrownFiduciary Duty

[NZ Maori Council v AG]

Maori Trustee Administration• National Government

Legislation of 1953– The Maori Affairs Act

1953 governed Maori Affairs policy & matters for 40 years, until the Ture Whenua Act of 1993

– The Act consolidated the bulk of legislation since 1931 & legal provisions relative particularly to Maori.

– More importantly the 1953 Act introduced new provisions about the nature of title to Maori land, and the “vestige of a communal way of life where land was owned by tribes; thus intended to improve title .

• Conversion was the most significant of new provisions, which allowed the Maori Trustee to acquire uneconomic interests in Maori freehold land.

• The rationale to take issue with is the change of titles in order for Maori farmers to participate in the “modern Maori economy”.• Point of Clarification on this

policy decision – many farms at this time operated successful dairy farms and owners of land and farms effective farmers of the economy

• Impetus behind the policy – a follow on from consolidation schemes, debt from previous governments seeking to recoup debts, target for debt recoup was northland farms through this legislation, and costs being incurred from other regions having incurred debt from failed consolidation ventures.

Positive Onus of the 1953 ActMaori Land to Remain in Maori Ownership

• Maori farms were consolidated into economic farms (that being of a communal nature) of its various shareholders and owners.

• Minister of Maori Affairs at that time, Corbett, also said the Act would ensure that Maori land would continue to multiply, and even tribally owned. The idea and concept however was for all interests to be consolidated into one and profits paid to shareholders etc…

Part XXIV Maori Affairs Act 1953• Established the modern

legislative machinery for the development of schemes. Board of Maori Affairs being responsible for the schemes.

Issues for Hapu Whanau Discussion and PriorityConstitutional Issues• Protection of Interests,

Sovereignty, Autonomy and Authority

• Protection of Maori Autonomy, Intellectual Property and Cultural Property Rights 2015>>>>

• Protection of Land & Resources

• Assets and Asset Sales• Maori Land Development,

Maori Trustee, Public Works and Administration

Local Authority, Hapu & Whanau Level• Rating• Environment• Waterways• Freshwater Fisheries• Culture, Social and Economic

Development• Secondary School, Early

Childhood, Kohanga Reo and Primary Providers

• Youth Crime, Correction, Education and Re-Training Programmes

• Administration, Professional & Commercial Enterprise for Business and Whanau Development

Issues for Hapu & Whanau DevelopmentLegislative Colonial Impact History on Economy, Land and Resources of Maori of Ngati Whakaeke

Ensuring the safety and protection of farmlands administered under Maori administration bodies are protected from overseas sales as well as diversifying outside of Maori interests and shareholder consent or knowledge.

Treaty Settlement Process, Impact Implications for Leadership, Autonomy, Authority and Self Governance of Maori Leadership of Hapu and Iwi

Hapu, Iwi History• Traditionally as a hapu we enjoyed

whanau.• We enjoyed our families, our kuia,

our kaumatua and our traditions of how we did our mahi our way and how we lived our Arikitanga (principality, lives, and our ancient traditional lineage) our way.

• These ways of authentic tikanga Maori, chieftainship and common ways of living are in more recent times being adversely challenged to change, accept and accommodate for new people, new families, new whanau.

• Where change is consensual and for the mutual benefit of a culture, whanau, family and community this change is an honoured blessing.

• Where it is not, it is called cultural abuse, a process of colonial imperialism for a political agenda to delineate, alienate and marginalise the sacred serenity of our homes, unique and prestigious ancestry, and authentic traditions that makes who we are who we are.

• Colonisation• Imperialism• Culture & New Identities

based on material imperialism new concepts of papakainga, power, authority, protection, control and surveillance.

• A product of the pan approach to Maori politics and political economy has seen us inherit and have imbued a new New Right regime that is intended for supremacy, paramountcy and colonisation purposes against Maori, and some of us could possibly not even know it’s already here and happening.

Getting to the PointHapu Checklist for the Future & Whanau Hapu Development

• Where have we been as a Hapu?

• What have we been put through?

• What have we endured and

• What can we remove to restore & take back in ownership for self determination Tino Rangatiratanga for the future?

Self Check • Historically, we’ve been colonised;

we’ve lived colonisation and adapted to being colonised and becoming colonisers ourselves

• Contemporarily, we’ve become latent experts in colonising our authentic and natural Maori leaders who champion and advocate our indigenous and paramountcy identity as Maori who have been labelled ‘the radicals’ ; the horis; the hoha” .

• These are whanau members who become alienated, ostracised and abandoned for not “playing the game” or towing the party line. What as a hapu and whanau do we do to allow their mana and authority to remain authentic and true for our accountability?

Serious Questions to be AskingCompetency

• Can the Hapu have absolute confidence in the competency of the current administration and Authority, Te Runanga a Iwi o Ngapuhi to competently administer, invest and diversify any return of settlement on their behalf?

• Does the Hapu have justifiable cause and reason to withdraw their right to ensure their interests are managed and administered competently as beneficiaries of any settlement outcomes? [Motion for Resignation action?].

Management• Has the styling and drive

of the Tuhoronuku administration been in keeping with the values of iwi hapu development and in a manner and nature of undertaking consultative processes non - coercively, in the interest of hapu concerns and issues of Maori interests in matters at the centre of negotiations?

Treaty Settlement Process: Seeking Authentic Authority and Self Governance

Impact & Implications to Leadership, Autonomy: Identifies an urgent need for immediate effective, professional, experienced and excellent Maori Leadership for our hapu and Maori for now and the future

Governance under a government entity, Tuhoronuku & Te Runanga a Iwi o Ngapuhi for Hapu and Iwi: Irrelevant to the future aspirations and objectives of the hapu in TRAIONS current form, organisation and operations as an iwi authority

What we want to Achieve, Attain and Accomplish out of the Process for Ngati Whakaeke Hapu Iwi DevelopmentAuthority, Autonomy & Protection of Assets• Excellent Executive

Leadership• Prestigious

Commercial & Professional Experience & Background

• Exemplary Authoritative Leadership for Hapu Iwi Development for 2015 onwards

Development, Prosperity, Heritage & Culture• Exemplary

Experience in Organisation, Te Tiriti o Waitangi, Culture, Heritage and the Development of Te Reo Maori me ona Tikanga for Ngapuhi 2015 onwards

• Honorary and Distinguished Commitment to Maori and Development of Ngapuhi

Leadership, Authority & Autonomy for Our Future

• Credible Leadership• Commercial

Experience• Community

Relationships• Integral Development

Relationships• Propensity for Maori to

Prosperity• Strong Maori Identity• Cultural Respect &

Trust• Dedicated to the

Principles of Te Tiriti o Waitangi me ona Tikanga Maori mo Ngapuhi

New Iwi Authority OrganisationGovernanceExecutiveAdministrationLocal AuthorityRegional AuthorityCommerceAgriculture

Who we Want for Our Future Leadership of Hapu & Iwi, Ngapuhi

DynamicAccountableInnovativeProfessionalExcellenceExperiencedNgapuhiMaori Action from here – to advance

on the How