Tame Iti given his day in marae court

Tame Iti

Tuhoe activist Tame Iti has already been dealt marae justice for his actions at a powhiri for Waitangi Tribunal officials in Ruatoki last year, a court has heard.

The Rotorua District Court heard yesterday that Iti was disciplined by kaumatua after concerns were raised about guns being fired at the powhiri, which was held at Tauarau Marae on January 16 for tribunal members gathering to hear Tuhoe land claims.

Iti is standing trial on charges of unlawfully possessing and firing a shotgun during the powhiri, including shooting at the New Zealand flag, but is arguing that he did not break the law because his actions were in accordance with Tuhoe custom.

The Crown says he acted unlawfully because he did not have a firearms licence and used the gun in public.

Paki Nikora, chairman of the Tauarau Marae committee and an organiser of the powhiri, said four kaumatua convened a court in the marae meeting house on December 3 last year.

Speaking in Maori through an interpreter, Mr Nikora said the elders had made a ruling on the matter and disciplined Iti.

"As far as this matter is concerned, according to us, it is over. According to our traditional terms, it is over."

Mr Nikora did not spell out Iti's punishment but said the kaumatua made a resolution on use of guns at the marae which was: "There shall be no firing of guns on Tauarau in anger, but there shall be a demonstration of aroha."

"Aroha" was defined as "love" or "respect" and Mr Nikora said the elders resolved that guns should only be fired in remembrance of ancestors and those who fought in wars.

The concern over Iti's actions at the powhiri had arisen not because of concern that Iti had shot at the New Zealand flag, or that he had shot in anger, but rather because the "extraordinary emotion" displayed by tribe members had blocked the view of kaumatua.

Emotions had been high that day because it was the first time Crown representatives had come to the marae to discuss the confiscation of Tuhoe land and the killing of tribe members, after failing to heed a request to do so in 1901.

Judge Chris McGuire, who is hearing the case after Iti elected a judge-only trial, said the fact that the powhiri had happened 104 years after the Crown's first invitation to Tauarau Marae was significant.

"What that conveyed to me was that the 16th of January last year was very, very important for your hapu," he said.

The trial is expected to last until tomorrow.