An urgent report from the Waitangi Tribunal has found the Crown is ignoring its own treaty settlement policies to deny claimants their day in court; by attempting to settle two contentious claims within the wider Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua Treaty Settlement.

Wairarapa Moana, which represents Maori given land in the central North Island (Pouakani) to replace their land in South Wairarapa which, in both cases was taken from them by the Crown, sought an urgent hearing by the Tribunal arguing that WAI85 should not be included in the wider Ngati Kahungunu settlement.

Wairarapa Moana has been seeking a direct return of the land at Pouakani through the Tribunal via what is known as a resumption order.

Another hapu of Ngati Kahungunu, Ngai Tumaphia a Rangi, also filed an urgent claim before the Tribunal alleging that the WAI429 claim should not be included in the Settlement as they too are seeking a resumption order over Ngāumu Forest. A Supreme Court hearing central to both claims has been set down for February 2022.

The Waitangi Tribunal found the Crown had proceeded in ‘error’ because there was no mandate to settle the WAI85 and WAI429 within the wider iwi settlement and the advice the Minister relied on was flawed.

The Tribunal stated that its findings ‘depict a flawed and unfair settlement process for which the Crown is responsible.’ It recommended the Crown postpone the introduction of settlement legislation, allow the litigation to take its course, and help the iwi resolve conflicts it has played a part in causing during the settlement process.

“It was clear that there was no mandate to settle WAI85 or WAI429 within the Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua Deed of Settlement, said Kingi Smiler Chair or Wairarapa Moana.

“The Crown’s own policies demand strong, proven mandate from iwi at every step of the treaty settlement process. But now when it doesn’t suit it, it ignores its own rules for political expediency and to deny us a day in court.”

“This is exactly what Labour did with the Foreshore and Seabed. Denied New Zealanders a due day in court. That is unjust and unacceptable.” 

Mr Smiler said the WAI85 and WAI429 claimants do not wish to hold up the rest of the Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua settlement. “That would be unfair on them. Just as it is unfair on us to have these two claims wrongly included in the settlement.”

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