Prominent Māori take legal action against New Zealand Māori Rugby League

Tony Kemp says Māori youth have no pathway with New Zealand Māori Rugby League. Photo / NZME

Public Interest Journalism funded through NZ On Air

A group of prominent Māori, led by John Tamihere, have filed High Court proceedings against New Zealand Māori Rugby League alleging unconstitutional actions, breaches of the Treaty of Waitangi and a failure to develop pathways for talented Māori and Pacific Island youth.

Former Warriors coach-turned-radio host Tony Kemp, ex-MP Hone Harawira, Whānau Ora CEO Tamihere and retired Auckland Māori Rugby League chairman Greg Whaiapu, filed a Statement of Claim in the Hamilton High Court last week.

John Tamihere, one of the Māori taking legal action against the NZMRL. Photo / NZME

Court documents claim the NZMRL has not held an open AGM since 2014, has not been open and transparent with its members and has failed to engage in driving membership among Māori and Pasifika communities.

It further claims the NZRML have breached Te Tiriti o Waitangi by failing to actively promote the principles and values of the Treaty, while also failing to enhance the profile of Māori Rugby League, players and administrators.

The claim says despite numerous attempts to hui with NZMRL executives, each one has been ignored.

"The defendant's executive was invited to a hui on 12 September 2021 convened by current and former Māori Rugby League players, coaches and officials, led by Tony Kemp, promoting a new pathway for establishing equality in Rugby League, increasing engagement by Māori and Pasifika in Rugby League and to be treated fairly by those entrusted to govern Rugby League from a Māori and Pasifika perspective. No members of the defendant's executive attended," the claim says.

Kemp told the Herald the situation was disappointing. He said while Tamihere is listed as the plaintiff, he, Harawira and Whaiapu were fully on-board with the legal course of action.

"Our view is this is about equity and how the voice of Māori is not being heard around the table in a democratic situation. Those at the table do not, and can not speak on behalf of Māori," Kemp claimed.

He said regions like Te Tai Tokerau and Tamaki Makaurau were screaming out for more Māori rugby league-based competitions and pathways for young people - especially for those who may have dropped out of the education system.

"If you look at the Te Tai Tokerau Rugby League which is run by Hone Harawira, it is tikanga-based, yet he doesn't get a seat at the Māori table or funding," Kemp said.

Hone Harawira is also taking action against the New Zealand Māori Rugby League. Photo /NZME

The biggest benefactor recently to the Te Tai Tokerau Rugby League came from Auckland mayoral candidate Leo Molloy, who raised $100,000 for Harawira's competition two years ago.

"We want an equitable seat at the NZRL table. Rugby league is a Māori game and we must have people around the motu deciding what's best for Māori league and seated at that table," Kemp said.

Kemp said he believes the NZRL must also share some blame for allowing this situation to occur.

"The NZMRL has received our SoC (Statement of Claim)."

Kemp believes the game has been hijacked, and the millions given to the game over the past few years have stayed at the top end.

"My view is head office is getting top-heavy and little money is going back to grassroots," Kemp claims.

"The NZRL has its own problems. They have directors receiving big fees, yet the districts who run and manage the game week-in, week-out, don't have a voice on that board.

"We need Māori making decisions on what's good for Māori and pathways for our young Māori and Pacific Island youth."

Kemp said the recent test against Tonga highlighted the lack of future pathways for New Zealand-based Māori and Pacific league players.

"Not one Kiwi player in the test against Tonga came from a New Zealand rugby league pathway. All the players had been given pathways by Australian-based NRL clubs.

"We don't want all our Māori and Pacific players being snapped up by Aussie NRL clubs."

He said the NZRL needed Māori - even just for the numbers.

"They need Māori because that is where your data and numbers are."

NZMRL chairman John Devonshire confirmed they had received the legal documents, but he could not comment.

"I can't speculate. This has been handed to our lawyers and they have advised us not to comment," Devonshire said.