KEY POINTS:
It is time to settle. Now the commemoration of events of 30 years ago at Bastion Point is over, our focus at Ngati Whatua o Orakei is firmly on the next 30 years.
These will be exciting times, bringing positive change for our hapu and for all of
Auckland.
Our first order of business is to complete the Treaty settlement with the Crown to finalise our grievance process. Like most New Zealanders we would like to put the past behind us and move forward together.
After many years of concerted work, the Crown and Ngati Whatua o Orakei came to an agreement, the detail of which is captured in an Agreement in Principle (AIP) signed in June 2006. The next step is to move to a Deed of Settlement which completes the process. We are working steadily to that end.
To understand Ngati Whatua o Orakei's Treaty settlement process you must first understand that the economy of New Zealand is not in a position to hand back everything taken by confiscation or through less than ethical land purchases post 1840. So the Crown looks for other ways to create an economic base for Maori as a small token of redressing the loss.
Each settlement has different means of developing an economic base.
What Ngati Whatua o Orakei introduced as part of its settlement is a deal whereby the hapu will buy back, at market value, land now used for naval housing at Devonport. To pay for the land we will forgo rents for 35 years and only take over direct management of the asset after that time. It is a relatively sophisticated deal requiring a good understanding of commercial property management.
While this is just one part of the results of the negotiation set out in the Agreement in Principle, I believe it shows Ngati Whatua o Orakei has the ability and experience to take what comes back to us through the Treaty process and use it wisely to grow a solid base for our people. It also shows we are patient, long-term thinkers prepared to wait more than 30 years before we get a return.
The process to Deed of Settlement has been slowed, however, as the Crown now begins working with all other Maori groups who consider they have overlapping interests in the Auckland area.
We have experienced a series of recent delays. In 2007, there was a change of Minister of Treaty Negotiations; the most recent Waitangi Tribunal proceedings; and then this year a mid-race change in priorities of the Labour Government that focuses on Deeds of Settlement for Wellington, Central North Island and the Waikato River which has stretched the Office of Treaty Settlements' team. We expect an impending election will slow progress toward the Deed of Settlement. However, we also expect all political parties will favour timely conclusions to Treaty settlements so we are content to be patient and see what the make up of a new Parliament will be.
We are reviewing options for post-settlement governance structures, particularly as the old 1955 Maori Trust Board structure is inappropriate and requires updating. We are also considering innovative governance structures for the Auckland central volcanic cones the hapu will co-manage with Auckland City after settlement.
From our experience, it will be important for overlapping interests to get their process going sooner rather than later. That will require mandates and historical research in order to engage with the Office of Treaty Settlements. Our hapu has diverse economic interests already in place so we can wait as long as necessary. But for those who are a long way behind, it is important to put in the hard yards that will unlock economic well-being for their people through a Treaty settlement.
During the process of working through issues with overlapping interests, Ngati Whatua o Orakei may have to once again defend the Fenton case. This is a legal case, where in 1870 Judge Fenton was asked to determine which was the controlling iwi interest of central Auckland at 1840. He confirmed that was Ngati Whatua o Orakei. If the issue comes up again we will apply our full resources to defend the Fenton judgment and our mana whenua position in central Auckland. We are supporters of the Waitangi Tribunal system and will always recognise the importance of its recommendations made in 1987.
Therefore we have never criticised the Tribunal recommendation made last year. We would expect any future tribunal or court, however, to give us full rights to cross-examine.
Over the past few weeks, many leaders and commentators have said the ignition created by Ngati Whatua at Bastion Point was what began the process of reconciliation through Treaty settlements. The irony is, while many iwi and hapu have had their claims settled with the Crown, Ngati Whatua o Orakei is still waiting on its Deed of Settlement.
The story of Ngati Whatua o Orakei used to be one of anguish and hopelessness. Now, however, it is a positive story that exemplifies what can happen if reasonable people get together to solve problems of the past, acknowledge what went wrong and then move on with a sense of optimism. 2009 will be the time to settle.
