Wai 2366 Wai 2364 Wai 2372 Wai 1699 Wai applications for Resumption of Land by HAAMI PIRIPI on behalf of himself and TE RARAWA

Similar documents
BEFORE THE WAITANGI TRIBUNAL. APPLICATION FOR CLAIM TO BE HEARD URGENTLY Dated 23 June 2015

Ngapuhi Kaumatua Kuia. 15 February 2014

BEFORE THE WAITANGI TRIBUNAL

Wai 2566, # IN THE WAITANGI TRIBUNAL Wai 2566 CONCERNING. the Treaty of Waitangi Act 1975 AND

BEFORE THE HEARINGS PANEL FOR THE CANTERBURY REGIONAL COUNCIL. Management Act 1991 AND. Canterbury Land and Water Regional Plan

IN THE WAITANGI TRIBUNAL WAI IN THE MATTER OF The Treaty of Waitangi Act 1975

Wai 2575, # IN THE WAITANGI TRIBUNAL Wai CONCERNING the Treaty of Waitangi Act AND the Health Services and Outcomes Kaupapa Inquiry

Introduction to Democracy Why this is important

IN THE MĀORI LAND COURT OF NEW ZEALAND WAIKATO-MANIAPOTO DISTRICT A MAATAI ARIKI RAWIRI KAUAE TE TOKI Applicant

THE CROWN PARE HAURAKI COLLECTIVE REDRESS DEED SCHEDULE: GENERAL MATTERS

IN THE MĀORI LAND COURT OF NEW ZEALAND TĀKITIMU DISTRICT A PETER NEE HARLAND Applicant. THE CROWN Interested Party

The Local Government and Environment Select Committee

PARLIAMENT SELECT COMMITTEE Parliament Buildings Wellington 26 January 2015 SUBMISSION TO ; HAWKES BAY REGIONAL PLANNING COMMITTEE BILL

Wai 2660, # ln THE WAITANGI TRIBUNAL AND

IN THE WAITANGI TRIBUNAL

DECISION OF THE TRIBUNAL

Te Runanga o Toa Rangatira Inc.

E21. Treaty Settlement Land

Wai 2472, # IN THE WAITANGI TRIBUNAL Wai CONCERNING the Treaty of Waitangi Act 1975 AND DECISION ON APPLICATION FOR AN URGENT HEARING

DECISION OF THE TRIBUNAL

Te Hunga Roia Maori o Aotearoa (Maori Law Society Inc.) SUBMISSION: TREATY OF WAITANGI (REMOVAL OF CONFLICT OF INTEREST) AMENDMENT BILL

Applicant AUCKLAND COUNCIL. Respondent REBUTTAL EVIDENCE OF ANDREW BROWN ON BEHALF OF MANA WHENUA IN SUPPORT OF AC36

Submission on the Draft New Zealand National Report for Public Consultation

Chapter 6. Terms of Negotiation

CONSTITUTION / LEGAL STATUS. Memorandum of Evidence

IN THE MAORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT 28 Taitokerau MB 217 (28 TTK 217) A A

Aspects of Political Engagement between Iwi and Hapu of the Te Paparahi o Te Raki Inquiry District and the Crown,

Report to ENVIRONMENT & POLICY COMMITTEE for decision

Te Ture Whenua Maori Iwi Leadership Group

IN THE HIGH COURT OF NEW ZEALAND GISBORNE REGISTRY CIV [2015] NZHC ALAN PAREKURA TOROHINA HARONGA First Applicant

THE TURANGI TOWNSHIP REMEDIES REPORT

IN THE MAORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT 2010 Chief Judge's MB 355 (2010 CJ 355) A A

DISCUSSION DOCUMENT FOR MĀORI WARD OPTIONS

Waikato-Tainui Raupatu Claims (Waikato River Settlement Bill 2008 (2010 No 302-2)

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY CIV [2017] NZHC 389. NGĀTI WHĀTUA ŌRĀKEI TRUST Plaintiff

Te Hunga Roia Māori o Aotearoa (The New Zealand Māori Law Society Incorporated)

Wai 2575, # IN THE WAITANGI TRIBUNAL Wai CONCERNING the Treaty of Waitangi Act AND the Health Services and Outcomes Kaupapa Inquiry

Te Kaahui o Rauru. 14 October The Decision Making Committee Environmental Protection Agency WELLINGTON. Submitted online: Teena koutou

NGATI WHATUA NGA RIMA O KAIPARA TRUST

CONSTITUTIONAL REVIEW: AN OPPORTUNITY FOR INFLUENCE YEARLY MEETING 20 MAY 2011

Downloaded from

IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A A

Ngati Rahiri Tumutumu Mandate Strategy

IN THE WAITANGI TRIBUNAL WAI IN THE MATTER of the Treaty of Waitangi Act 1975 OPENING SUBMISSIONS FOR THE CLAIMANTS. Dated: 21 October 2016

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV [2012] NZHC THE NEW ZEALAND MĀORI COUNCIL Applicant

Appellant. ALAN PAREKURA TOROHINA HARONGA First Respondent. TE AITANGA A MĀHAKI TRUST Second Respondent. WAITANGI TRIBUNAL Third Respondent

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY CIV [2017] NZHC 56. JOANNE MIHINUI, MATATAHI MIHINUI, TANIA MIHINUI Appellants

IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A Hearing: 364 Aotea MB dated 13 December 2016

Wai 2478, # IN THE WAITANGI TRIBUNAL Wai 2478 Wai CONCERNING the Treaty of Waitangi Act 1975

SOCIAL JUSTICE COUNCIL P O Box Parnell 1151 Ph:

of our D&C Democracy and Community Participation KEY INDICATOR

1. INTRODUCTION Acknowledgements 1.1. We wish to acknowledge the valuable contribution of Peace Movement Aotearoa 1 in the drafting of this paper.

Chapter 11. Post-Settlement Governance Entity

I TE KŌTI MATUA O AOTEAROA TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE CIV [2018] NZHC NGĀTI WĀHIAO Defendant

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV [2012] NZHC PORT NICHOLSON BLOCK SETTLEMENT TRUST Plaintiff

Practice Standards for Legal Aid Providers. February 2017

IN THE MĀORI LAND COURT OF NEW ZEALAND TAITOKERAU DISTRICT A A

Bay of Plenty Regional Council

Māori Involvement in Collaborative Freshwater Planning Insights from Hawke s Bay Jim Sinner, Cawthron Institute; Garth Harmsworth, Landcare Research

In the Maori AppeIIate Court of New Zealand Te Waipounamu Registry

IN THE MATTER OF The Treaty of Waitangi Act The Ngāpuhi Mandate Inquiry

RULES OF THE SPORTS TRIBUNAL OF NEW ZEALAND 2012

Te Runanga-a-iwi o Ngapuhi. Chairman s Report 2014 AGM

Immigration Policy. Introduction. Definitions

MINUTE (No.2) OF COLLINS J

DRAFT URENUI PA CHARTER

Wai 2358: The Interim Report on the National Freshwater and Geothermal Resources Claim

MEMORANDUM-DIRECTIONS OF THE TRIBUNAL

IN THE COURT OF APPEAL OF NEW ZEALAND CA241/07 CA246/07 [2007] NZCA 269

PART 6: RESOLVING ISSUES AND PRESERVING RIGHTS

Wai 2180:Taihape Rangitīkei ki Rangipō District Issue No. 6 February 2018 Huitanguru

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV [2016] NZHC TE RUNANGA O NGĀTI MANAWA Plaintiff

HAURAKI MAORI TRUST BOARD

Terms of reference for committees and advisory groups, and delegations for committees: triennium

GOVERNMENT GAZETTE REPUBLIC OF NAMIBIA

Wai 2575, # IN THE WAITANGI TRIBUNAL Wai CONCERNING the Treaty of Waitangi Act AND the Health Services and Outcomes Kaupapa Inquiry

Whitireia Community Polytechnic Council Statute

International Convention on the Elimination of all Forms of Racial Discrimination

- 4 OCT of the Resource Management Act of appeals under s 120 of the Act AND TE RUNANGA 0 NGATI AWA BETWEEN (ENV-2018-AKL )

Power of Court to grant specific performance of leases of Maori freehold land

DECISION OF THE ENVIRONMENT COURT ON STANDING OF PARTIES UNDER S 274 OF THE ACT

Embargoed. Embargoed. Embargoed

IN THE MAORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A Sections 18,37, 67, 150 and 151 of Te Ture Whenua Māori Act 1993

Kaupapa Inquiries Start

PRINCIPLES OF THE TREATY

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY CIV TAINUI DEVELOPMENT LIMITED Plaintiff

Making a protected disclosure blowing the whistle

Report to ENVIRONMENT & POLICY Committee for noting

SUMMARY OF FEEDBACK FROM TE RŌPŪ TŪHONO ON ROUND 2 HUI NGĀPUHI PROPOSAL ON EVOLVED MANDATE AND NEGOTIATION STRUCTURE

IN THE MĀORI LAND COURT OF NEW ZEALAND WAIKATO MANIAPOTO DISTRICT. Dated this 3 rd day of February 2012

IN THE MĀORI LAND COURT OF NEW ZEALAND TAIRAWHITI DISTRICT A UNDER Section 134, Te Ture Whenua Māori 1993

BEFORE THE WAITANGI TRIBUNAL WELLINGTON Wai 262

IN THE MĀORI LAND COURT OF NEW ZEALAND AOTEA DISTRICT A Applicant

A DISCURSIVE ANALYSIS OF RANGATIRATANGA IN A MÄORI FISHERIES CONTEXT

MACA CASE MANAGEMENT CONFERENCE NELSON 31 MAY 2018 at am

GOVERNMENT OF THE SOVEREIGN DEMOCRATIC REPUBLIC OF FIJI DECREE NO. 7 SMALL CLAIMS TRIBUNAL DECREE, 1991 ARRANGEMENT OF SECTIONS

THE CONSTITUTION OF NEW ZEALAND YOUNG LABOUR

LENGTH OF ARBITRATION AND FAST TRACK PROCEDURES

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY CIV [2016] NZHC 683. SIR EDWARD TAIHAKUREI DURIE Plaintiff

TE RŪNANGA O NGĀTI MUTUNGA CHARTER 20 SEPTEMBER 2017 TABLE OF CONTENTS TE MANAWA O NGĀTI MUTUNGA... 1 HE WHAKAMARAMA... 1

Transcription:

2 IN THE WAITANGI TRIBUNAL Wai 2366 Wai 2364 Wai 2372 Wai 1699 Wai 1701 IN THE MATTER OF AND the Treaty of Waitangi Act 1975 applications for Resumption of Land by HAAMI PIRIPI on behalf of himself and TE RARAWA AFFIDAVIT OF HAAMI PIRIPI IN SUPPORT OF APPLICATION FOR RESUMPTION 6 SEPTEMBER 2012 Pacific Law Limited Barristers & Solicitors Level 13, Willbank House, 57 Willis Street, PO Box 27400 Marion Square Wellington 6141 Tel: (04) 384 1304 Fax: (04) 384 1304 Counsel Acting: Janet Mason / Priscilla Agius

AFFIDAVIT OF HAAMI PIRIPI I, HAAMI PIRIPI, of Kaitaia, Chairperson swear: 1. I hold the positions of: a. Chairperson of Te Runanga o Te Rarawa ( Te Runanga ), the governance entity for the Iwi of Te Rarawa ( Te Rarawa ); b. Negotiator on behalf of Te Rarawa for historical Te Tiriti o Waitangi/Treaty of Waitangi ( Te Tiriti/Treaty ) settlements; and c. Chairperson of Te Hiku o Te Ika Forum ( the Forum ). This Memorandum is filed on behalf of Haami Piripi, Chairperson of Te Runanga o Te Rarawa, and the Iwi of Te Rarawa. 2. I swear this affidavit in support of my and Te Rarawa s application for resumption of certain lands in our rohe boundary. As a result of events that have occurred over the past few months we have come to the conclusion that it is in our best interests and the interests of our constituent members that Te Rarawa seeks to have resumed, those lands set out in the Resumption Application which this affidavit supports. 3. I have already filed extensive information setting out Te Rarawa s interests by way of an affidavit in relation to the Urgency Application made by Ngati Kahu and a Brief of Evidence for the Ngati Kahu Remedies Application hearing. Suffice to say I am not going to get into the level of detail that has already been submitted to the Tribunal in relation to these matters. 1 We have entered into negotiations with the Crown and are almost at the point of execution of a Deed of Settlement. 4. Te Rarawa has entered into direct high level negotiations along with other Te Hiku Iwi in good faith. The other four Te Hiku Iwi, have preferred to negotiate our settlement directly with the Crown. Ngati Kahu has chosen a different route. We do not 1 Wai 45 #R44, Wai 45 #R43 and Wai 45 # R42. 2

oppose their Application for Remedies per se. What we do oppose is their incursion into our rohe. 5. Our experience so far in their remedies hearing is that we are finding that, as a result of being relegated to the status of an interested party, we have been prejudiced and our interests as an iwi are being marginalised through the process. In these circumstances, we have decided to take our own application for resumption of the lands set out in our Application for Resumption. We have suffered and continue to suffer prejudice as a result of the Ngati Kahu Remedies Application. 6. An example is the way that the Briefs of Evidence of Associate Professor Manuka Henare, who is a historian for the Te Rarawa Runanga, and Joe Cooper, who is an elected Te Rarawa negotiator and the bearer of the Wai 128 Hokianga Ki Te Rarawa claim lodged by his mother Dame Whina Cooper, which were just a mere one day late, were not accepted by the Tribunal. 7. A Memorandum of Counsel was filed stating that: Dr. Henare and Mr Cooper are two of the witnesses being called by Te Rarawa to provide key evidence in the Ngati Kahu Remedies Proceedings. Counsel advises that Dr. Henare has been tied up with other pressing proceedings and in light of other urgent priorities, will be unable to complete his Brief of Evidence by this Wednesday 22 August 2012. Mr. Cooper has been ill recently and as such will also be unable to complete his Brief of Evidence by this Wednesday 22 August 2012. Both Dr. Henare and Mr Cooper require a short extension of time to be able to complete their respective Briefs of Evidence. 2 2 Wai 45 2.456. 3

8. In response, the Tribunal declined the requests to file the late material and directed the Registrar not to place the two briefs on the record of inquiry for the following reasons: a. Counsel for Te Rarawa have had the Ngati Kahu tangata whenua material since at least 13 July 2012. This Tribunal hearing has had to operate under extremely tight timeframes and there has been a more than ample opportunity for Te Rarawa to file all of its evidence within the timeframes set out; b. The timeframe for the timetable anticipated Te Rarawa tangata Whenua evidence being filed by midday, Wednesday 22 August 2012. Ngati Kahu had until midday, Wednesday 29 August 2012 to file and serve any tangata whenua evidence in response. I am informed by the Registrar that the briefs of evidence of Dr Henare and Mr Cooper were filed at 6.30pm on 23 August 2012. That late filing effectively meant Ngati Kahu lost the benefit of one and a half working days to respond to the evidence of Te Rarawa. Therefore, I consider that they were prejudiced in preparing their reply evidence; c. Simply allowing Ngati Kahu further time to file reply evidence would not be possible. There is already a huge amount of evidence that has been filed this week and continues to be filed today. The timetable is so tight that very little time is effectively being left for the Tribunal and counsel to read, absorb and work with the material that is being filed; and d. I have taken the opportunity to look briefly at the proposed evidence on behalf of Dr Henare and Mr Cooper. I understand that Mr Cooper would not have been available to give evidence at the hearing in any case. In this case where there is clear contest as to mana whenua issues I consider that all witnesses who give mana whenua evidence challenging the interests of Ngati Kahu need to be available to give evidence in person. In addition, without meaning any disrespect, the evidence of 4

Dr Henare appears to be pitched at a generic level and does not necessarily address the specific issues which this Tribunal will need to canvass in this inquiry. 3 9. Mr. Cooper s illness was sudden and prolonged. The reality is that even though people may have a lengthy period of time to complete a piece of work, they generally set aside some time to do that. If during the particular days that have been set aside, something urgent crops up, then they will need more time. It is not unusual for the Tribunal to grant extensions and has granted many extensions during this hearing. Throughout the course of the hearing week, many negative comments have been said about Te Rarawa s esteemed rangatira Panakareao, which we have not been able to counter because we do not have the benefit of the evidence from Associate Professor Henare, an esteemed scholar of Te Rarawa in this area. 10. In relation to Joe Cooper it is exceedingly harsh that the son of Dame Whina Cooper who played such a critical role in the land struggle to have not allowed his evidence to be placed on record. Attendance at the Hearing 11. On day one of the hearing, I arrived at the door of the Kareponia Marae only to be told that I, along with my Legal Counsel, was to sit outside. I have spent all of the hearing week outside. After protestations, my Legal Counsel was allowed to enter the Marae. I do not consider that such conduct is conducive, in any shape or form, to a fair hearing. 12. The evidence that has been presented by Ngati Kahu in relation to manawhenua has appeared to me to be a wholesale attempt at a land grab in our rohe. We do not consider that we can sufficiently defend ourselves against this attack without taking our own application for resumption. 3 Wai 45 2.485 at paragraph 8. 5

13. It has been a difficult decision to make because we have been negotiating with the Crown in good faith but we feel we have been forced to do this. We do not yet have title to the properties that are in our Deed, and we will not gain title to them until settlement legislation is passed through the house. This could take anywhere from 6 to 8 months to 3 years. In the meantime, claimants comprising not just iwi but also hapu are free to come to the Tribunal and file an application for resumption over our properties. We have already been forced to divert scarce resources towards defending our rohe and interests in the five urgency applications that have been filed and in train since midlast year, attacking our Deed. Despite these five applications requiring our extensive participation in the proceedings which have been on-going for well over a year now, we have received no funding whatsoever from the Legal Services Agency for participation for our Legal Counsel in any of these proceedings. We consider that, in the circumstances, binding orders from the Tribunal would secure these properties for us and prevent a situation where we are dragged into proceedings not of our own doing at the expense of ourselves and our Legal Counsel. SWORN at Kaitaia ) this 6 th day of September 2012 ) before me: ) HAAMI PIRIPI Solicitor of the High Court of New Zealand/Deputy Registrar 6