Tribunal seen as only way to get soldier VC

The lawyer for a group seeking the posthumous award of a Victoria Cross to a Maori Battalion war hero said she took the case to the Waitangi Tribunal as a way to force the Government to act.

The tribunal released a preliminary report on Monday into the Haane Manahi Victoria Cross claim, urging the Crown and the Manahi Victoria Cross Committee to work together on a joint submission to the Queen.

The committee has campaigned for more than 20 years to have World War II soldier Sergeant Haane (Jack) Manahi's recommendation for a VC fulfilled.

Despite being recommended by three generals and a field marshal for a VC for his heroism in leading a small band uphill to capture an enemy stronghold in North Africa in 1943, the Maori Battalion soldier received a Distinguished Conduct Medal instead.

Claimant lawyer Donna Hall said the tribunal was seen as the only way to get the Government to hold a public inquiry into why the recommendation for a VC for Manahi was downgraded.

The DCM is second only to the VC in British military honours.

Ms Hall said the tribunal was seen as the only mechanism available to ensure the Government acted in good faith and worked with Te Arawa as treaty partners.

She said a public inquiry would provide information to enable a strong claim to Buckingham Palace.

"It is not a big ask, all we want is a full and thorough inquiry, to show why his recommendation was downgraded. This is not about money it is about mana, integrity and keeping faith with soldiers who fought at Takrouna."

The Queen has the authority to overturn the original decision signed off by her father, King George VI.

Prime Minister Helen Clark said a decision on progress between the parties would be made in the New Year. She said the report found no breach of the treaty and that the Government had acted in good faith.

"The tribunal has also made some suggestions for ongoing engagement between the Government and the claimants, which the Government will be considering carefully in the New Year."

But National's Maori affairs spokesman, Gerry Brownlee, said it was inappropriate for the tribunal to hear such a claim.

"The Waitangi Tribunal was set up to deal with grievances primarily about land. We have large groups of people who have waited for years to have their land grievances heard. This cannot be seen as an issue for grievance."

He said it was not the tribunal's role to critique all Government decisions involving Maori.

In 1943 Sergeant Manahi led a small band of Maori Battalion soldiers up a 300m-high rocky outcrop in Tunisia, capturing an enemy stronghold. The act was described by British Lieutenant General Sir Brian Horrocks as "the most gallant feat of arms I witnessed in the course of the war" and earned Manahi a recommendation from three generals and a field marshal for a VC.

The Crown acknowledges Manahi's bravery and says approaches have already been made to the Queen, who had declined the request because of the length of time that had passed.