The Government continuing to push through a Wairarapa treaty settlement without addressing serious flaws in it, is a slap in the face to natural justice and rank hypocrisy from the Crown.

That’s the submission today to Parliament’s Maori Affairs Select Committee by the claimants of Waitangi Tribunal claim number 85.

Wairarapa Moana, which represents Maori given land in the central North Island (Pouakani) to replace their land in South Wairarapa which, in both cases was taken from them by the Crown, sought an urgent hearing by the Tribunal last year arguing that WAI85 should not be included in the wider Ngati Kahungunu settlement.

Wairarapa Moana has been seeking a direct return of the land at Pouakani through the Tribunal via what is known as a resumption order. The Supreme Court heard an appeal on that matter in February but reserved its decision.

Another hapu of Ngati Kahungunu, Ngai Tumapuhia a Rangi, also filed an urgent claim before the Tribunal alleging that the WAI429 claim should not be included in the Settlement as they too are seeking a resumption order over Ngāumu Forest.

Late last year the Waitangi Tribunal found the Crown had proceeded in ‘error’ because there was no mandate to settle the WAI85 and WAI429 claims within the wider iwi settlement and the advice the Minister relied on was flawed.

“The Minister’s response was to simply reject the Tribunal’s findings and say he didn’t agree with them. No expert advice or high-level review. No waiting for the Supreme Court decision on our case. Just a denial of Natural Justice - again,” said Wairarapa Moana Chairman Kingi Smiler.

The Tribunal stated that its findings ‘depict a flawed and unfair settlement process for which the Crown is responsible.’ It recommended the Crown postpone the introduction of settlement legislation, allow the litigation to take its course, and help the iwi resolve conflicts it has played a part in causing during the settlement process.

“Yet, eight months after the Waitangi Tribunal released its report the Crown continues to push on with the wider settlement and is effectively trying to bury the flaws identified by the Tribunal within it.

“It was clear that there was no mandate to settle WAI85 or WAI429 within the Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua Deed of Settlement, Mr Smiler said.

“The Crown’s own policies demand strong, proven mandate from iwi at every step of the treaty settlement process. But now when it doesn’t suit it, it ignores its own rules for political expediency. That’s rank hypocrisy,” Mr Smiler said.

“Today we are having to reiterate our concerns and the Waitangi Tribunal’s concerns to the select committee with none of the flaws in the bill having yet been fixed.

“Simply, the only way to restore the mana and honour of the Crown and Parliament is to remove Wai 85 from the Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua Deed of Settlement and deal with the serious issues that remain.

Mr Smiler said the WAI85 and WAI429 claimants do not wish to hold up the rest of the Ngāti Kahungunu ki Wairarapa Tāmaki Nui-ā-Rua settlement. “That would be unfair on them. Just as it is unfair on us to have these two claims wrongly included in the settlement.”

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