Tūhoe to sign Terms of Negotiation

in

After a hikoi with hundreds in November 2007 to protest against the state terror raids and the signing of the Central North Island (CNI) Iwi collective agreement with the Crown last month, hundreds of Tūhoe will come to Wellington for the signing of the Terms of Negotiation of the Historical Ngāi Tūhoe Claims at Parliament this Thursday (31st July 2008). After Waitangi Tribunal hearings all around Te Urewera in 2004/5, this is the next step in the negotiation process with the Crown.

Details | Te Kotahi ā Tūhoe | History | Treaty | [Draft] Terms of Negotiation: Te Kotahi ā Tūhoe and the Crown | AIMC Features

Details of the signing of Terms of Negotiation

The signing of the document will take place in Wellington at Parliament House on Thursday 31 July, 2008.
10:45am - Ngāi Tūhoe arrive in the Parliament Foyer
11:00am - Pohiri, Banquet Hall Foyer
11:30am - Speeches, Hon Dr Michael Cullen & Tūhoe
11:45am - Signing Ceremony, Terms of Negotiation in Māori & Pākeha
12:00noon - Lunch, Banquet Hall

Te Kotahi ā Tūhoe

In 2005 Te Kotahi ā Tūhoe (TKAT) was formed by mandate of Ngāi Tūhoe. Ngā Rauru ō ngā Pōtiki (NRONP) and the Tūhoe Waikaremōana Trust Board (TWMTB) as two groups, came together with a willingness to co-operate on mandate and negotiation. Ngāi Tūhoe claims are currently represented by this combined group. The consolidation of these two groups bring together a powerful political alliance in support of a strong mandate process leading to negotiations and a robust Treaty of Waitangi settlement for Tūhoe.

Mission Statement

Working with the whānau and hapū of Tūhoe to represent their interests accurately and comprehensively, whilst working toward the establishment of a new tribal entity, and the achivement of a full and enduring Treaty settlement with the Crown.

Te Kotahi ā Tūhoe Trust is an organisation created to umbrella, coordinate and facilitate the progression of Tūhoe's Treaty Settlement process, until such time that a new Iwi entity is formed to facilitate and manage Tūhoe Iwi affairs in full. It therefore has a finite life of 2-3 years, or until such time that the new entitiy is formed and in a position to take control.

Te Kotahi ā Tūhoe has emerged as a natural progression of Ngā Rauru o ngā Pōtiki and the Tūhoe Waikaremōana Trust Board, under the direction of Tūhoe iwi, working jointly on a range of Treaty Settlement and Iwi related projects.

A History of Resistance

In 1866, 448,000 acres (181,000 hectares) of land belonging to Tūhoe, Te Whakatōhea and Ngāti Awa were confiscated by the government. This area was subsequently reduced to 211,000 acres (85,387 hectares), of which Tūhoe lost 14,000 (5,700 hectares). Tūhoe was subjected to a scorched earth policy, in which their crops and buildings were destroyed. Ōpouriao and Waimana were taken, their only substantial flat lands, and their only access to the coast through Ōhiwa Harbour. The Tūhoe people were left with harsh, more difficult land, setting the scene for later famines.

In June 1866, Te Kooti Arikirangi Te Tūruki, of the Te Rongowhakaata tribe, was exiled to Wharekauri (Chatham Islands) on suspicion of being a spy for the Hauhau. Two years later in July 1868, following prophetic visions, he led a mass escape of 298 captives and returned to the East Coast of the North Island and began a guerrilla war against colonial troops. Clashes with militia on the East Coast culminated in a bloody and unsuccessful attempt by Te Kooti to take Poverty Bay. Te Kooti and his followers turned inland to the forests of Te Urewera. He waited on the eastern Te Urewera borders for permission from Tūhoe to enter the territory. In March 1869, at a meeting at Tāwhana in the Waimana valley, Tūhoe committed themselves and their lands to Te Kooti.

The government waged a bitter campaign in Te Urewera in its search for Te Kooti and his followers. Old enemies of Tūhoe fought on the side of the government; they carried out most of the raids into Te Urewera during a prolonged and destructive search between 1869 and 1872. In a policy aimed at turning the tribe away from Te Kooti, a scorched earth campaign was unleashed against Tūhoe; people were imprisoned and killed, their cultivations and homes destroyed, and stock killed or run off. Through starvation, deprivation and atrocities at the hands of the government’s Māori forces, Tūhoe submitted to the Crown. The whereabouts of Te Kooti, however, were never revealed. In 1872 Te Kooti escaped to the King Country where he remained in exile. In 1883 he received an official pardon from the government. Although best remembered as a guerrilla fighter, he was for Tūhoe a spiritual leader in their time of need, and the founder of their pre-eminent faith, Te Hāhi Ringatū. The Urewera District Native Reserve Act 1896 made provision for ‘the Ownership and Local Government of the Native Lands in the Urewera District’. But it also facilitated extensive land sales to the government.

Links: Tūhoe: A history of Resistance | Video

Te Tiriti o Waitangi

Ngāi Tūhoe never signed the Treaty. According to Tamati Kruger, it was never seen in the villages of the Tūhoe nation. Still, they have decided to enter negotiations with the crown. This signing on Thursday will only be the second time Ngāi Tūhoe has entered negotiations with the crown (the first time being the CNI). After the Tribunal hearings in 2004/5 and the creation a mandated body (Te Kotahi ā Tūhoe), signing the Terms of Negotiation is the final stage of the pre-negotiation process.

In the negotiation stage claimant groups "are negotiating with the Crown the basic elements of a settlement such as the nature of the historical account and cultural and commercial redress. The culmination of this stage is the signing of a Heads of Agreement or an Agreement in Principle, which will include a proposed financial quantum of the settlement. Sometimes progress may slow or stall for groups in negotiation because of internal representation issues, cross-claims made by other tribes, or disagreements between the Crown and claimants on the appropriate level of redress. Once a Heads of Agreement or Agreement-in-Principle has been reached, the Crown and the claimants work on the fine detail of the settlement to agree a draft Deed of Settlement that can be put to the claimant community for ratification. Although the essential elements of redress have been agreed, this stage can also be protracted if there is a need to resolve outstanding issues relating to internal representation or to cross-claims from other tribes." (Office of Treaty Settlements)

[Draft] Terms of Negotiation: Te Kotahi ā Tūhoe and the Crown

[DRAFT version 5 as at 30 June 2008 to be signed on 31st July 2008]

Terms of Negotiation between Te Kotahi a Tuhoe and the Crown

Purpose of these Terms of Negotiation

1. This document, known as the Terms of Negotiation, sets out the scope, objectives, general procedures and “ground rules” for formal discussions between Te Kotahi a Tuhoe and the Crown (as defined in paragraph 7 below) on behalf of Ngai Tuhoe (as defined in paragraphs 4-5 below) regarding the settlement of Ngai Tuhoe Historical Claims (as defined in paragraph 12 below).
2. In particular, these Terms of Negotiation record the intentions of Te Kotahi a Tuhoe and the Crown and regarding the negotiations process, including the intention to negotiate in good faith and honour.
3. These Terms of Negotiation are not legally binding and do not create a legal relationship. However, Te Kotahi a Tuhoe and the Crown acknowledge that each expects the other to comply with the terms set out in this document during negotiations.

Ngai Tuhoe
4. Ngai Tuhoe comprises those persons who descend from the eponymous ancestors, Tuhoe or Potiki and includes any person who is a member of any Ngai Tuhoe hapu or whanau, including the list of hapu identified in Appendix 1 attached.
5. The detail of the definition of Ngai Tuhoe will be developed further over the course of the negotiations for inclusion in any Deed of Settlement that may be agreed between the parties.
6. Ngai Tuhoe claims which make up part of the Ruapani claimant grouping in so far as they relate to Ngai Tuhoe will be included in these negotiations.

The Crown
7. The Crown:
a. means Her Majesty the Queen in right of New Zealand; and
b. includes all Ministers of the Crown and all government departments; but
c. does not include:
i. an Office of Parliament; or
ii. a Crown entity; or
iii. a State Enterprise named in the First Schedule to the State-Owned Enterprises Act 1986.

Guiding Principles
8. Guiding Principles are regarded as reciprocating attitudes and behaviour by which the opportunities and risks of negotiations will be explored in order to achieve the best settlement outcome. The attitudes and behaviours of Te Kotahi a Tuhoe and the Crown in these negotiations will be founded upon the tikanga of Korero Rangatira, which respects the following:
a. the mana motuhake of both parties;
b. the accountabilities and responsibilities owed to constituent groups;
c. the negotiations and settlement objectives, priorities and values contribute to a new generation of a Crown /Ngai Tuhoe relationship;
d. the formative literature of Te Urewera Hearings processes including the Waitangi Tribunal Te Urewera report; and
e. a commitment to a constructive relationship which enables the parties to work together to achieve the best outcomes.

Objectives of the negotiations
9. Te Kotahi a Tuhoe and the Crown agree that the primary objective of the negotiations will be to negotiate in good faith and achieve a fair and generous settlement of all Ngai Tuhoe Historical Claims (as defined in paragraph 12 below) that:
a. is comprehensive, final, durable and fair in the circumstances;
b. will not:
i. diminish or in any way affect any rights that Ngai Tuhoe has arising from Te Tiriti o Waitangi/the Treaty of Waitangi and its principles, except to the extent that the claims arising from those rights are settled; or
ii. extinguish any aboriginal or customary rights that Ngai Tuhoe may have;
c. recognises the nature and extent of the breaches of the Crown’s obligations to Ngai Tuhoe under te Tiriti o Waitangi/the Treaty of Waitangi and its principles; and
d. will enhance the ongoing relationship between the parties (both in terms of te Tiriti o Waitangi/the Treaty of Waitangi and otherwise).
e. gives priority and urgency to the achievement of settlement goals and outcomes in a way that accommodates a Ngai Tuhoe and Crown negotiation process.

Ngai Tuhoe-specific objectives
10. The Crown acknowledges that Ngai Tuhoe will engage in settlement negotiations to achieve the following:
a. whakaea – to achieve requital for raupatu from the Crown and other iwi, and to establish a new generation iwi/Crown/Ngai Tuhoe relationship;
b. to redress the effect that Crown breaches have had on the economic, social, cultural, and political well-being of Ngai Tuhoe;
c. to restore Ngai Tuhoe’s ability to regain their economic base;
d. to enhance Ngai Tuhoe’s social, cultural, economic and political levels of achievement; and
e. to effect a programme of restoration that is generationally relevant.

Crown-specific objectives
11. Ngai Tuhoe acknowledges that the Crown will engage in settlement negotiations to achieve the following:
a. a comprehensive settlement of all Ngai Tuhoe Historical Claims;
b. to restore the honour of the Crown; and
c. to demonstrate and record that both parties have acted honourably and reasonably in negotiating the settlement.

Ngai Tuhoe Historical Claims
12. Ngai Tuhoe Historical Claims means all claims made at any time (whether or not the claims have been researched, registered or notified) by any Ngai Tuhoe claimant or anyone representing them that:
a. are founded on rights arising from Te Tiriti o Waitangi/the Treaty of Waitangi, or its principles, whether based on legislation, common law (including customary law and aboriginal title), fiduciary duty, or otherwise;
b. arise from or relate to acts or omissions before 21 September 1992:
i. by or on behalf of the Crown; or
ii. by or under legislation; and
c. includes every claim to the Waitangi Tribunal to which clauses 12a and 12b apply, including the following claims registered at the Waitangi Tribunal, insofar as they relate to Ngai Tuhoe (refer Appendix 2 for full details on the following Wai claims): Wai 35 Wai 36 Wai 40 Wai 212 Wai 333 Wai 386 Wai 509 Wai 560 Wai 724 Wai 725 Wai 726 Wai 761 Wai 794 Wai 795 Wai 842 Wai 937 Wai 975 Wai 989 Wai 1009 Wai 1010 Wai 1011 Wai 1012 Wai 1026 Wai 1035 Wai 1036 Wai 1037 Wai 1039 Wai 1041 Wai 1042 Wai 1149 Wai 1225 [Additional Wai claims may be added subject to outcome of Ngati Ruapani hui on 12 July 2008]

Ngai Tuhoe mandate to negotiate
13. The Crown received the Te Kotahi a Tuhoe Deed of Mandate (attached as Appendix 3) which records their mandate to represent Ngai Tuhoe in negotiations. The Crown’s letter (attached as Appendix 4), which recognising the deed of mandate of Te Kotahi a Tuhoe.
14. It is intended that the successful achievement of the objectives to this document must add value to the lives and potential of Ngai Tuhoe whanau, hapu, and iwi over the future generations.
15. If representation issues arise during negotiations, the Crown will discuss further with Te Kotahi a Tuhoe a process to address those issues with a planned mutual strategy toward resolution.
16. Te Kotahi a Tuhoe agrees to provide the Office of Treaty Settlements with reports on the state of the mandate every three months, and the Crown agrees to advise Te Kotahi a Tuhoe of any correspondence it receives about the mandate of Te Kotahi a Tuhoe.

Crown mandate to negotiate
17. The Crown, through the Executive branch of government (i.e. the branch that carries out the administration of government), has accepted a moral obligation to resolving historical grievances resulting from Crown actions or inactions relating to the Treaty of Waitangi. In this, successive governments have worked towards the resolution of historical Treaty of Waitangi claims.

Key redress areas for negotiation
18. The parties will together agree upon subject matters to be negotiated. Any party may raise for discussion subject matters in addition to those agreed upon.
19. The list of subject matters to be explored in negotiations will include the following categories of redress:
a. Whenua: in respect of property in all forms. Ngai Tuhoe intend to develop a process for identifying properties of particular interest, and parties are to agree a process for identifying the appropriate redress mechanism to meet Ngai Tuhoe interest. May also include intangible whenua-related properties such as taonga;
b. Socioeconomic impact issues: may include exploring the impact of social policy issues that have had a direct impact on whanau, hapu and iwi with any redress being future focused;
c. Constitution: aim to provide clarity between the Crown and Ngai Tuhoe regarding their constitutional relationship. Such discussions should focus on historical, current and future Treaty relationships;
d. [Kaingaroa (CNI): explore cultural and commercial redress options in respect of Kaingaroa Forest; and]
e. Crown Apology/Ngai Tuhoe Statement of Forgiveness: explore the most appropriate way for the Crown to apologise to Ngai Tuhoe and Ngai Tuhoe response to such an apology. Both the Apology and the ‘Statement of Forgiveness’ should make reference to the Crown and Ngai Tuhoe’s future relationship.
20. Quantum is one component of the settlement redress, which needs to be considered in the context of an entire settlement package. The Crown applies certain standard factors to ensure fairness between claimant groups when developing a redress quantum offer. The primary factors are:
a. the amount of land loss;
b. the nature of the Treaty breach; and
c. comparisons (benchmarks) with existing settlements.
21. The secondary factors that the Crown takes into account are:
a. the current population size of a claimant group;
b. overlapping interests; and
c. any other special factors that may affect the claim.
22. The Crown agrees that financial redress provided to Ngai Tuhoe as part of the Central North Island forest settlement will not reduce or limit comprehensive settlement negotiations (attached as Appendix 5).

Deed of Settlement
23. A Deed of Settlement is the final agreement reached between the Crown and Ngai Tuhoe. A Deed of Settlement sets out in detail the redress that the Crown will give to Ngai Tuhoe in order to settle their historical claims.
24. Cabinet must approve the content of a Deed of Settlement before it can be initialled by mandated representatives prior to ratification by Ngai Tuhoe. Legislation is then required for the Deed to become unconditional.

Process of Negotiations
25. Te Kotahi a Tuhoe and the Crown agree that the general process of negotiations will include, but not necessarily be limited to:
a. Agreement in Principle (12-18 months from Terms of Negotiation)
The Agreement in Principle outlines the scope and nature, in principle, of the settlement of Ngai Tuhoe Historical Claims, which will be recorded in the Deed of Settlement.
b. Initialled Deed of Settlement
Ngai Tuhoe and Crown negotiators initial the Deed of Settlement, which will set out the terms and conditions of settlement of Ngai Tuhoe Historical Claims.
c. Ratification
The initialled Deed of Settlement will be presented by Te Kotahi a Tuhoe to Nga Tuhoe for ratification in a manner to be agreed by Te Kotahi a Tuhoe and the Crown. An approved governance entity structure will also be presented to Ngai Tuhoe for ratification before the settlement legislation can be introduced.
d. Deed of Settlement signed if ratified (12 months from Agreement in Principle)
The Deed of Settlement will be signed on behalf of Ngai Tuhoe by Te Kotahi a Tuhoe, and by a representative of the Crown if the Deed of Settlement is ratified.
e. Governance entity and settlement legislation
The settlement of Ngai Tuhoe Historical Claims is effective once a suitable governance entity is formed to hold the settlement assets and the required settlement legislation receives the Royal Assent.

What the settlement of Ngai Tuhoe Historical Claims will enable
26. Te Kotahi a Tuhoe and the Crown agree that the settlement of Ngai Tuhoe Historical Claims will enable the:
a. renewed generation of a Crown and Ngai Tuhoe political relationship;
b. final settlement of all Ngai Tuhoe Historical Claims, and the release and discharge of all of the Crown’s obligations and liabilities in respect of them;
c. discontinuance of the Office of Treaty Settlements’ landbank for the protection of potential settlement properties for the benefit of Ngai Tuhoe;
d. removal of any resumptive memorials from the titles of land subject to the State-Owned Enterprises Act 1986, the New Zealand Railways Corporation Restructuring Act 1990, the Crown Forest Assets Act 1989 and the Education Act 1989 and for statutory protection of claims against the Crown to be removed for the benefit of Ngai Tuhoe;
e. removal of the jurisdiction of the courts, the Waitangi Tribunal, and any other judicial body or tribunal in respect of Ngai Tuhoe Historical Claims, the Deed of Settlement, the redress provided or settlement legislation (but not for the removal of such jurisdiction in respect of the implementation or interpretation of terms in any Deed of Settlement or any settlement legislation); and
f. discontinuance of legal proceedings or proceedings before the Waitangi Tribunal in relation to Ngai Tuhoe Historical Claims.

Confidentiality
27. Te Kotahi a Tuhoe and the Crown agree that:
a. terms of confidentiality will not limit but promote the goal of whakaea and the principle of korero rangatira.
b. negotiations will be conducted in private and will remain confidential, except when:
i. Te Kotahi a Tuhoe needs to release information to keep Ngai Tuhoe informed on the general process and progress of negotiations;
ii. the Crown is required to release information under the Official Information Act 1982; or
iii. agreed otherwise (such as when consultation with third parties is necessary); and
c. mutual consent is required (but is not to be unreasonably withheld) to allow observers to attend negotiation meetings;
d. media statements concerning the negotiations will only be made when mutually agreed by both parties.

Overlapping claims
28. Te Kotahi a Tuhoe and the Crown agree that overlapping claims issues over redress assets will need to be addressed to the satisfaction of the Crown before a Deed of Settlement can be concluded. The parties also agree that certain items of redress provided to Ngai Tuhoe as part of the Deed of Settlement may need to reflect the importance of an area or feature to other claimant groups.
29. Te Kotahi a Tuhoe will discuss Ngai Tuhoe interests with overlapping claimants at an early stage in the negotiation process and establish a process by which they can reach agreement on how such interest can be addressed.
30. The Crown may assist Ngai Tuhoe as it considers appropriate and will carry out its own consultation with overlapping claimants.
31. The Crown may be in Treaty settlement negotiations with overlapping claimants. Issues arising in those negotiations, including issues concerning licensed Crown forest land, may be relevant to these negotiations, and vice versa. The Office of Treaty Settlements will ensure that Ngai Tuhoe are kept informed of these issues (subject only to the confidentiality of matters specific to the other negotiations).

Not bound until Deed of Settlement
32. Te Kotahi a Tuhoe and the Crown acknowledge that this document does not bind either party to reach a settlement and that any agreement reached in negotiation discussions is confidential, without prejudice and will not be binding until embodied in a Deed of Settlement.
33. The Crown will resume with its continued support for Te Kotahi a Tuhoe through the legislative process and the implementation of the settlement. Governance structure for settlement assets
34. Te Kotahi a Tuhoe and the Crown agree that an appropriate legal entity ratified by Ngai Tuhoe (in a manner to be agreed between the parties) that both agree adequately represents Ngai Tuhoe, has transparent decision-making processes, and is accountable to Ngai Tuhoe, will need to be in place prior to settlement to the introduction of settlement legislation.

Claimant funding
35. Te Kotahi a Tuhoe and the Crown note that the Crown will make a contribution to the negotiation costs of Ngai Tuhoe, which is paid in instalments for the achievement of specified milestones in the negotiation process.
36. Te Kotahi a Tuhoe will adhere to the Crown’s claimant funding policy guidelines. In particular, Te Kotahi a Tuhoe will provide the Crown with independently audited accounts annually for the claimant funding that it receives from the Crown, certifying that the funding has been spent on the negotiation.

Waiver of other avenues of redress
37. Te Kotahi a Tuhoe and the Crown agree that during these negotiations Te Kotahi a Tuhoe will not pursue or initiate, before any court or tribunal, in relation to any of the claims that are within the scope of the negotiations, any proceedings for redress covering all or part of the same subject matter as these negotiations.

Procedural matters
38. Te Kotahi a Tuhoe and the Crown agree that:
a. negotiation team members are to be informed by the following foundation literature:
i. Te Urewera Statement of Claims and Briefs of Evidence;
ii. Crown Forestry Rental Trust Te Urewera-commissioned research;
iii. relevant Waitangi Tribunal reports and documents; and
iv. Te Urewera Waitangi Tribunal Report;
b. negotiation team members will have regard to commissioned expert research and advice that will be required over the course of negotiations;
c. the location of meetings will be suitable and convenient to both parties; and
d. following each negotiation meeting, the Crown will draft a record of negotiation, which will be finalised by both parties unless otherwise agreed.
e. Either party may withdraw from negotiations if negotiations become untenable.

Amendments
39. Te Kotahi a Tuhoe and the Crown acknowledge that it may be necessary to amend these Terms of Negotiation from time to time and agree that all amendments must be approved by both parties and recorded in writing.

APPENDIX 1 - Ngai Tuhoe Hapu

The Deed of Mandate submitted by Te Kotahi a Tuhoe identifies the following 64 hapü of Ngai Tuhoe:
1. Hapuoneone
2. Kakahu Tapiki (Ngati Kakahutapiki)
3. Kuri Kino (Ngati Kuri)
4. Murakareke
5. Nga Maihi
6. Nga Potiki
7. Ngai Te Rurehe (Ngai Te Riu)
8. Ngai Taraparoa
9. Ngai Tatua
10. Ngai Te Amohanga
11. Ngai te Au
12. Ngai Te Kahu
13. Ngai Te Kapo o te Rangi (Ngai Te Kapo)
14. Ngai Tumatawha
15. Ngai Türanga Pikitoi
16. Ngati Ha
17. Ngati Haka Patuheuheu
18. Ngati Hamua
19. Ngati Hape
20. Ngati Haua
21. Ngati Hiki
22. Ngati Hinekura
23. Ngati Hinewhakarau
24. Ngati Karetehe
25. Ngati Koira
26. Ngati Korokaiwhenua
27. Ngati Kourakino (Ngati Koura)
28. Ngati Kumara
29. Ngati Manunui
30. Ngati Maru
31. Ngati Mataatua
32. Ngati Matewai
33. Ngati Murahioi
34. Ngati Muriwai
35. Ngati Pakitua
36. Ngati Peehi
37. Ngati Raka
38. Ngati Rakei
39. Ngati Rautao
40. Ngati Rere
41. Ngati Rerekahika
42. Ngati Rongokarae (Ngati Rongo)
43. Ngati Ruapani ki Waikaremoana
44. Ngati Ruatahuna
45. Ngati Ruri
46. Ngati Tahu
47. Ngati Tamakere
48. Ngati Tamatea
49. Ngati Tamatuhirae / Ngati Tama
50. Ngati Tawhaki
51. Ngati Te Paena
52. Ngati Te Umuiti
53. Ngati Tumatawhero
54. Ngati Wehi o te Rangi
55. Tamakaimoana
56. Tamaruarangi
57. Te Mahurehure
58. Te Marangaranga
59. Te Urewera
60. Te Warahoe
61. Te Whakatane
62. Te Whanau a Eria
63. Tuhoe Potiki
64. Whanaupani

APPENDIX 2 Ngai Tuhoe Wai Claims

The Deed of Mandate submitted by Te Kotahi a Tuhoe identifies the following Wai claims (in so far as these relate to Ngai Tuhoe):
Wai No Claim Title Named Claimant
35 Tuhoe Lands & SOE Act Claim James Milroy & Ors
36 Tuhoe Land Claim James Milroy & Ors
40 Waiohau B9B Block & other Blocks Claim Tama Nikora and Ors
187 Awataha Land R O Wilson
212 Ikawhenua Lands & Waterways Hohepa Waiti
333 Lake Waikaremoana T Tait
386 Matahina F Block T Tait
509 Tuhoe Lands Norma Pakau
560 Waiohau 1B Block & Te Houhi Village Claim Te Whiti McGarvey
724 Murupara Section & Ratings Power Act 1888 Claim Roland Mason
725 Te Pahou Blocks Hiraina Hona
726 Ngati Haka & Patuheuheu lands, forests & resources Robert Pouwhare
761 Urewera Lands & Waters Claim Pita Keepa
794 Opouriao Lands & Resources Tame Iti
795 Tumatawhero - Waikaremoana Hirini Paine
842 The Tuawhenua Blocks & Te Urewera National Park Wharekiri Biddle
937 Noa Tiwai Lakes, Lands & Other Resources Trainor Tait & another
975 The Crown Settlement Policy Sir John Turei
989 Tuhoe Cultural Heritage Tame Iti
1009 Ngai Te Kapo Waahi Tapu Te Weeti Tihi
1010 Ngati Hinekura & Te Whanau Pani Rating Rose Lackner
1011 The Tamakaimoana Public Works Kirituia Tumarae
1012 Kereopa Alienation of Land Hohepa Kereopa
1026 Tamaikoha Ancestral Land Robert Takao
1035 The Nga Hapu o Te Waimana Economic & Social Policy Matthew Te Pou
1036 The Ruatoki Hapu Social & Economic Policy Te Hue Rangi
1037 The Ngai Hinekura & Ngati Pani Social & Economic Policy J Moses
1039 Te Urewera Tiriti o Waitangi T Kruger
1041 The Nga Hapu o Te Urewera I nga Taone Assimilation Policy M Rakuraku
1042 The Descendants of Tamaikoha Land Confiscation Billy McLean
1149 The Pohokura 3B & 7A Land Block Hohepa Harawene
1181 Urewera 2A2 Block Claim
1225 Nga Rauru o Nga Potiki Claims Matthew Te Pou & Ors

AIMC Features: UN to investigate New Zealand Government over conduct of the Oct 15 raids | Tühoe: Te Ahikaa roa a Mihi ki te Kapua 2007/2008 | Tūhoe: Blockade at Paekoa Rd in Ruatoki | Confederation members set up road blockades and fight for their forest | Ko Te Manamotuhake Ō Tūhoe - Maintaining the mana of Tuuhoe | The Ruatoki valley blazes as Tuhoe stands tall

Related

http://www.tekotahiatuhoe.iwi.nz/

Comments

Re: Tūhoe to sign Terms of Negotiation

"explore the most appropriate way for the Crown to apologise to Ngai Tuhoe"

They could start by dropping the charges against the urewera 20 and offer an apology to the families and children who thought they were being lined up in firing squads placed on their knees, facing the wall with guns held to the backs of their heads...not 100 years ago, last-fucken-year!!!

Re: Tūhoe to sign Terms of Negotiation

so does this means that Tuhoe support the Treaty Settlement process, and does it then mean that our sovereignty movement/s in Aotearoa have been crushed
and buried with Syd?

Re: Tūhoe to sign Terms of Negotiation

"so does this means that Tuhoe support the Treaty Settlement process, and does it then mean that our sovereignty movement/s in Aotearoa have been crushed
and buried with Syd?"

well in the words (well close to his words) of Tamati Kruger " who else should we negoiate with? There is no one else."

Best to watch Tuhoe-history of Resistance which will help then maybe listen to people like Tamati and Matt Te pou and Tuhoe kaumatua. Then you might, just might, start to understand why Tuhoe do what they do.

And after all is it not their business?

Buried with Syd? Does wairua die with the body? I think you will find his spirit is too strong to leave.

Go to the hui and listen. Just listen.

Whakarongo ki te koereo e hoa maa.

Re: Tūhoe to sign Terms of Negotiation

You dont negotiate sovereignty/mana motuhake as a part of historical settlement of theft. Anyone that thinks mana motuhake is guaranteed as a right under anything is living in an illusion. Its not a right, you either fight for it and hold it against all odds, or you lose it.

In this case the thief wants to clear his conscience and pay for his not so recent crimes against the Tuhoe people (not counting last year).

Does that mean Tuhoe have given up on their Mana Motuhake because they willing to entertain the empty souless offer of settlement from the thief, the arsonist and the rapist...commonly calling itself the crown? Course not!

Mana Motuhake is a never ending battle, sometimes fought defending your homes from invasion, mosttimes fought in the battlefield of the heart and mind, but nevertheless never ending.

To live is to resist.

George R

Re: Tūhoe to sign Terms of Negotiation

nobody seems to be fighting for it at the moment, Mana Motuhake is not some abstract construct it is concrete and absolute political power. settlements have made Tanui Inc & Ngai Tahu Inc, undemocratic and unrepresentative,lets hope that Tuhoe avoids their mistakes.

Re: Tūhoe to sign Terms of Negotiation

Go spend 10 seconds in te rohe o tuhoe and see if you can hold that same opinion for longer than 10 seconds.

Re: Tūhoe to sign Terms of Negotiation

"Go spend 10 seconds in te rohe o tuhoe and see if you can hold that same opinion for longer than 10 seconds. "

Could not have said it better : )

Dont talk about what you dont know about.

Re: Tūhoe to sign Terms of Negotiation

just because you are reconciling with the crown doesn't mean that others cant criticise the settlement process which extinguishes Treaty Rights

Re: Tūhoe to sign Terms of Negotiation

Tena koe George,
e pehea ana nga hua whenua, nga tomato?
chur

Re: Tūhoe to sign Terms of Negotiation

'just because you are reconciling with the crown doesn't mean that others cant criticise the settlement process which extinguishes Treaty Rights'

just because you are trying to criticize a process you know nothing about other than your assumptions doesnt mean you wont get the blasting for being so ignorant. it goes both ways sunshine.

Re: Tūhoe to sign Terms of Negotiation

"just because you are trying to criticize a process you know nothing about other than your assumptions doesnt mean you wont get the blasting for being so ignorant. it goes both ways sunshine. "

Kia ora e hoa, tautoko.

Re: Tūhoe to sign Terms of Negotiation

Government will never give back whenua not to no-one but themselves they are the thieves...

Re: Tūhoe to sign Terms of Negotiation

Drop the charges on our Freedom Fighters, then give back to Tuuhoe what was there first Te Mana Motuhake oo Tuuhoe, Whenua, compensation for the loss of maaori ppl, loss of Mana Tane Mana Wahine...surrender NZ Wellington Settlers Parliament running on an ilegal contitution for years & years...Give back our mana motuhake....which was Tikanga each Hapu/Iwi to its own...

Re: Tūhoe to sign Terms of Negotiation

"Give back our mana motuhake"

Thing is though cuz is that the crown has spent a lot of money and time over the past 150 years, slowy chip by chip and piece by piece, getting us dependant on centralised government, and in many cases with maori today, many do not know any other way now, almost addicted to it.

Case in point just only up to the 1950s you could still be considered 'legally' married if you were married under the old tradition ways. That was chipped away quietly into the corner without us realising it.

Now we wear those silly black suits and the wahine put that frilly table cloth on their head to simulate some 14th century spanish marriage ceremony...

I dont see 'them' ever giving anything back like Mana Motuhake - it doesnt have a give back clause attached to it, we just gotta take it back and take the consequences with it too (depending on what format you use to take it back).

The biggest obstacle to that is our own peoples mindsets, fear of incarceration etc, we got to get in there where they are and begin to spur patterns of liberation thought, and by that I dont mean teaching this or that is how we should be doing it, but show people what is possible outside of the current temporary paradym, show people how much can be achieved when we become a united resistance.

Nothing else out there is going to save us, certainly not the crown, the treaty, the declaration, the UN, indigenous rights or whatever, just us.

Kia ora

George R

Re: Tūhoe to sign Terms of Negotiation

Inevitably this process will be seen in the light of last year's attacks on the homelands of Ngai Tuhoe, and their urban supporters in the socialist and environmentalist movements. The important thing to understand is that this negotiation is *not* a surrender to the Crown, as a result of the Operation 8 raids. Rather it is the continuation of the process of seeking justice that included the Waitangi Tribunal hearings featured in 'Tuhoe: A History of Resistance'.

Arguably it is because of the implications of a settlement between Ngai Tuhoe and Crown - one that is unlikely to result in the free-market iwi corporation model that contemporary governments prefer - that Ngai Tuhoe and those that support their struggle have been targeted by anti-terrorism bodies and smeared in the media.

Ka nui te mihi ki nga whanau kotoa, ki nga hapu kotoa, ki te iwi o Ngai Tuhoe. Ki nga tangata katoa hoki, e tautoko ana i a Ngai Tuhoe. Kia kaha!

Strypey

enslavement of nga tamariki o Tūhoe

kia ora nga whanaunga o tuhoe

mai i a taneatua anau i a puhi kai ariki tetahi whanaunga o toroa anei aku whakaaro mo tenei take

this settlement is "full and final" the government own our kids now. They will now be slaves to the system, enslaved to be the mindless automatons for the capitalists brothels, prisons, factories, rugby teams and armed forces...... tuhoe will no more be able to assert their mana motuhake over maunga pohatu as the police will be manned by our own enslaved tamariki who will at the behest of the state arrest us if we try to re-occupy whenua, just to implement this illegal governments policy of full and final settlement.

in fact this government created the waitangi tribunal to hoodwink the members of the united nations into thinking that they were working towards a fair and reasonable process in 1975 to satisfy iwi hapu and whanau aspiration towards attaining mana motuhake.

A rather indistinct term that they have encapsulated to mean full and final settlement and thus sidestep the more important issues for iwi with an invading colonialist in their midst that of independence and self determination. but this is not the case as more insidiously the government has been working diligently to force iwi to accept the process with out having a say in its construction, or sovereignty outcomes which has never been on offer but which article 1 of the United nations charter in that all peoples regardless of race or creed "have a right to political representation" we do not have this therefore we can not participate in constructing the process so we miss out on the lolly scramble, and get the crumbs one which iwi hapu and whanau have complained about since its inception.

It is this false ideology the crown is painting around the waitangi process while at the same time hoodwinking the nz pakeha public into seeing iwi activists and actions of the rangatiratanga movement as the workings of terrorists well what of it how can they expect a peoples to live for all eternity in bondage, this is a clear breach of the human rights act. So the government goal at this point in time I believe is to hold onto this country and do whatever it can to ensure this happens so it is not about redress it is about the recolonisation of aotearoa under the guise of right and white might, I say go back to england we can look after our own affairs.

karena puhi

Self Government a sticking point for negotiations

Self Government a sticking point for negotiations

Tuhoe's desire for self government and the return of Urewera National Park could prove sticking points in Treaty of Waitangi negotiations with the Crown, a Tuhoe leader says.

The North Island tribe and the Government took a historic step towards repairing their troubled relationship today, signing terms of negotiation for Tuhoe's treaty claims.

Over 400 iwi members travelled to Parliament to mark the signing of the terms, which set the ground rules for negotiations.

Relations with the Crown have historically been poor and hit a new low point last year with the arrest of several activists on firearms and related charges in the so-called "anti-terror raids".

Activist Tame Iti, who is awaiting trial for related firearms offences, was present today, issuing a challenge with a taiaha as part of the ceremonies and signing the terms on behalf of one of 64 Tuhoe hapu.

However, there was no ill feeling, with Iti and Dr Cullen giving each other a hongi on three separate occasions.

Afterwards Dr Cullen said the conduct of Iti, who also shredded a flag with a shotgun blast when Waitangi Tribunal members visited the Ruatoki in 2005, had been "impeccable".

Dr Cullen today said the negotiations, which he hoped would be completed within a year, were a first step towards addressing grievances.

"There is a long history here of land confiscation, executions, various other breaches by the Crown ... and this I think is a day when we can begin to move forward."

Claims included the loss of land and lives, the execution of unarmed prisoners during the New Zealand wars and the Crown's 1916 raid on Maungapohatu and arrest of Tuhoe prophet Rua Kenana.

Tamati Kruger, who is chairman of Te Kotahi A Tuhoe Trust, said the start of the formal negotiation process was historic and positive.

However, he said there would be some sensitive issues in negotiations that could create "unease" for the Crown.

"I think the tricky issues are around Tuhoe's desire and wish to have Te Urewera National Park regarded as part of our territory," he told reporters.

"The second one that would be difficult for the Crown would be discussions over self government, over mana motuhake and sovereignty. Those are very sensitive issues."

He said the police anti-terror raids was the latest example of a bad relationship between the tribe and the Crown.

"But I'm glad we've set a forum where we can review and improve and resolve those issues."

He said there was still work to be done to allay fears within Tuhoe that a settlement with the Crown was the best step forward for the tribe.

Tuhoe never signed the Treaty of Waitangi and the negotiation will be only the second time it has entered formal negotiations with the Crown.

Last month the tribe was part of the historic Treelords agreement, which signed over about $420 million in central North Island forestry assets to an iwi collective.

- NZPA