Ngāti Paoa Iwi Trust applauds landmark Supreme Court Decision



Ngāti Paoa Iwi Trust applauds today’s Supreme Court decision which it expects will prove to be a landmark in the legal history of Aotearoa.

Ngāti Paoa Iwi Trust was named as a second respondent in the decision but took the unusual step of removing itself from the case, and agreed to abide by the outcome, because it supported Ngāti Whātua Ōrākei Trust in its appeal.

“We recognise the mahi and determination displayed by Ngāti Whātua Ōrākei Trust in pursuing this matter over the last two years,” said Haydn Solomon, Kaiārahi of Ngāti Paoa Iwi Trust.

“The decision vindicates Ngāti Paoa's decision to stand aside and support Ōrākei seeking recognition of its customary rights to land that Ngāti Paoa was to receive in its Treaty settlement. We were willing and able to do that because we had engaged in a robust tikanga process and had acknowledged each others’ interests in a mana enhancing way,” Mr Solomon said.

“Chief Justice Elias' judgment makes it clear that the Crown's overlapping claims policy may itself be subject to judicial review because it ignores the rights of Iwi who may have customary rights in land being settled, but who are excluded because of the Crown's policy.”

“The decision means that Māori should be able to go to court with claims to rights that they cannot otherwise resolve. As the Chief Justice says: ‘the courts must be open to citizens who seek to have their existing legal interests and rights determined.’ We welcome this,” Mr Solomon said.

“The decision raises serious questions about the wisdom of the Crown's decision to rush the initialling of the Marutūāhu settlement without Ngāti Paoa.

“Other interested Iwi such as Waikato Tainui and Ōrākei claim customary rights in certain redress assets offered to Marutūāhu. Their rights should be assessed via tikanga, not just ignored as the Crown and other members of the Marutūāhu Collective sought to do in their haste to award themselves redress,” Mr Solomon said.

“Ngati Paoa is the only Iwi who has not signed the Marutūāhu settlement. This is because it gives no recognition at all of Ngāti Paoa’s primary mana whenua rights in Tāmaki.

“We are now hopeful that following this decision, the Crown will look to refresh its approach to tikanga and how mana whenua rights are properly recognised in the Marutūāhu settlement. This is as much a win for tikanga in the Treaty Settlement space as it is for all the Iwi involved.” Concluded Mr Solomon.

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