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Home / Whanganui Chronicle

Tribunal rules iwi entitled to compensation

By Laurel Stowell
Whanganui Chronicle·
12 Nov, 2013 05:31 PM4 mins to read

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Whanganui people back Turama Hawira's speech with a song. PHOTO/STUART MUNRO 121113WCSMTRIBUNAL3

Whanganui people back Turama Hawira's speech with a song. PHOTO/STUART MUNRO 121113WCSMTRIBUNAL3

The notion that Tongariro National Park was "a noble gift" to the nation from Horonuku Te Heu Heu is a myth, the acting director of the Waitangi Tribunal says.

Julie Tangaere formally presented the tribunal's report on the National Park area to claimant tribes at Whakapapa Village yesterday. The tribes were Ngati Tuwharetoa and Whanganui iwi, including Ruapehu's Ngati Rangi. A crowd of hundreds was there for the occasion.

The ownership of the park's mountains and the taking of mountain headwaters to generate electricity were matters of national importance, Ms Tangaere said.

The tribunal found Mr Te Heu Heu made a tuku (legal submission), not a gift. He invited the Crown to share the mountains as joint owners and trustees.

John Ballance, Native Affairs Minister at the time, didn't honour the partnership Mr Te Heu Heu intended. Instead the Crown took title of the mountains for itself.

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The rights of other tribes were not recognised. The lands Ngati Rangi and Whanganui iwi had an interest in were "effectively confiscated", she said.

The tribunal recommended the Crown honour its treaty obligations by making a new partnership arrangement with the tribes.

It said the land should be taken out of Conservation Department (DoC) control, and go into joint Crown/iwi management. The audience that packed The Chateau's Tongariro Room gave a cheer at this.

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Ngati Rangi pou arahi (manager) Che Wilson later said his people had great relationships with local DoC staff who worked hard for a place everybody loved. But they also had deep concerns about conservation legislation and policy.

The Crown's treaty settlement with Ngai Tuhoe gave it co-management of Urewera National Park. Ms Tangaere said New Zealand was now ready as a nation to enter into such arrangements.

There was no danger that Maori would "close the gates" and deny access to the mountains, Mr Wilson said later.

"Look at me," he said. "I'm a skier. I'm wearing my ski jacket."

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The Crown diverted mountain waters into Lake Rotoaira for electricity generation without consulting Whanganui iwi, who had never knowingly given up possession of their waterways, Ms Tangaere said.

Ngati Tuwharetoa were consulted, but not told the diversion would irreversibly damage the lake.

The tribes were entitled to compensation for the use of those waters, the tribunal found. It recommended the waterways be co-managed by Crown and iwi.

The Native Land Court sold more than half of the Maori land in the district between 1880 and 1900. Most was sold to the Crown.

"That scale and speed was achieved in ways that undermined community ownership and decision making," Ms Tangaere said.

The court's actions were another breach of the treaty. Maori today had less than 15 per cent of land in the district - too little land and too few resources to prosper. They should be compensated without delay, she said.

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Tribunal member Sir Douglas Kidd acknowledged the absence of the late John Tahuparae and Sir Archie Taiaroa from the gathering.

He said he'd like a docudrama about all the treaty breaches he got to hear "that all New Zealanders should know about".

People sometimes asked him about the treaty claims at parties, and said they hoped all that treaty business would be wound up soon.

"If they haven't had too much to drink I give them the bad news: the treaty lives and it's going to see them out," he said.

Ngati Tuwharetoa paramount chief Sir Tumu Te Heu Heu said the tribunal had given his tribe confidence that its version of history was correct. He asked the Crown to accept those facts as the tribe's negotiations continue.

Ruapehu iwi Ngati Rangi is preparing its own treaty negotiations. Mr Wilson said it would like to do them alongside other tribes with competing claims, because the Crown's preference for separate tribal negotiations created divisions.

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As to the question of whether the tribes owned the water diverted for electricity generation, that was for legal discussion. What was needed now was a pathway to go forward as a nation, he said.

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