Pakeha can't take claims to tribunal

By JON STOKES

Compensation claims by Pakeha are unlikely to follow a recent Waitangi Tribunal report that found Maori breached their treaty responsibilities, says an Auckland University law expert.

In a report on the Gisborne region released at the weekend, the Waitangi Tribunal ruled that Maori, namely Te Kooti and his followers, breached the treaty by murdering up to 70 Pakeha and Maori in the Turanga district in 1868.

The ruling, believed to be the first time the tribunal has apportioned blame to Maori, has raised questions about whether descendants of Te Kooti's victims could seek compensation either from his descendants or from the Crown for failing to protect their forebears from attack.

However, Auckland University Maori land law expert Nin Tomas said the tribunal's role was to determine and report on treaty breaches.

It was only legally entitled to hear Maori grievances against the Crown, not those of Pakeha versus the Crown or Maori versus Maori.

"If Pakeha have a claim under the treaty then they should bring their claim to the Government, and there is nothing to stop them doing it," Ms Tomas said.

In the absence of a special statute, they should take such claims direct to Parliament. She did not believe the situation should be viewed as special treatment for Maori.

"The reason the Government introduced the Waitangi Tribunal was because there was a widespread feeling within New Zealand, and particularly the Government, that there were Maori grievances outstanding that needed to be looked out.

"These are collective grievances, suffered because of Crown actions against Maori, not against individuals."

The tribunal ruling also raises the issue of Maori injustices perpetrated against other Maori.

Treaty of Waitangi historian Claudia Orange, who this week has launched an updated version of her book The Treaty of Waitangi, said the ruling by the tribunal could be the catalyst for aggrieved Maori groups to seek compensation for the actions of other Maori.

The tribunal's report was critical of the execution of up to 128 of Te Kooti's followers after their capture by Crown-backed Ngati Porou troops at Gisborne's Ngatapa Pa.

The Ngati Porou soldiers were led by Rapata Wahawaha, a former slave of Rongowhakaata, the tribe of Te Kooti and a number of his followers.

"There are a number of historic grievances over the treatment of Maori by Maori which are very longstanding," said Dr Orange.

"Where you get Maori fighting on the Government's side it brings up issues of settling old scores."

The Gisborne report

* A Waitangi Tribunal report on the Gisborne region - Turanga Tangata, Turanga Whenua - documents abuses of law and human rights by Pakeha and Maori.

* The Crown breached treaty principles by attacking a defensive pa, deporting prisoners to the Chatham Islands without charge or trial and executing unarmed Maori prisoners.

* Maori treaty breaches included the murder of 50 to 70 Pakeha and Maori by Te Kooti and his followers.