Being Right or Doing Right.... What is Tika....?

Someone once said enemies or those who set out to cause you harm, animosity or dis-service, are your greatest teachers of inner strength, courage, determination and compassion. In the face of such crisis and events, outer cloaks of socially accepted behaviours are often stripped away leaving the raw reality of life.

The Rev Maori Marsden once said

"a man's philosophy is the sum of his beliefs;the assumptions upon which he habitually acts "

My mother would respond when I asked her about things

" All I know is what I saw and this is what I saw and this is what happened"

I am reading over some papers for the hui tomorrow in Wellington and can't help pondering over the past 20 years as it reflects in the words of Maori Marsden. I sometimes think the problems of the world can be found inside our families and that if we turn and face problems inside ourselves with the hope of making life better for those involved, it is highly likely that the world outside ourselves will also start to change and become a better place. As both Mutunga groups, Ngati Mutunga Iwi Trust and Te Runanga o Wharekauri face their internal conflicts, the hope is that there will be a better future together, for all members of Mutunga o Wharekauri Iwi.

As with all situations where there is conflict, every individual has a perception of what is reality? what is right? and what is wrong? In most cases, " my reality is what is happening to me and therefore I am right and you are not right." is the position taken and of course, we face the outcome of what we think and do. , and made decisions based upon what they knew.

Reality
If we ask ourselves what happened to Mutunga, the answer lies in the crisis now facing the Runanga and Ngati Mutunga Iwi Trust.
The reality for both groups is that their existence comes directly from a legal right that is legitimised by the Treaty of Waitangi.
In 1988, the Runanga was set up as a direct response to devolution and governments need to engage with the Maori tribes of NZ.
While they existed as authentic and legitimate structures as a culture of indigenous people, Crown did not recognise such entities and thus, did not have any legal structure which in their view, allowed them to engage in the business of government, with Maori. They provided services to Maori, through the Department of Maori Affairs.
Maori were thus required to set up legal entities that met government rules.
At the same time, major challenges to Maori Treaty fishing rights were being debated in the High Court and the Court of Appeal. The Chathams were represented by the New Zealand Maori Council, one of the parties in High court case. Devolution was also in full flight under Rogernomics.
Why NZ Maori Council?
The Chatham Islands Maori Committee, was a sub committee operating under the Te Wai Pounamu council, which was a regional committee of the NZ Maori Council. Our signature to the MZ Maori Council case in the High Court, was that of Roger Preece.

I remember the Ministerial Hui held at Whakamaharatanga Marae, made possible when I hijacked the final National Hui bringing in 'Iwi' development ' as it became known, in Wellington and Koro Wetere agreed to go the the Chatham's. Chatham's wasn't on the Hui list. What I remember most on the Islands, was the fighting and arguing between locals, inside the marae. It was a symptom of what was to come.

From this visit,I was appointed by the Minister, to deal with policy for the Chathams and the first job was to set up an entity to represent the tribal community of Wharekauri. Hui were held and the Runanga was set up as an incorporated society, which held as its foundation, the Treaty of Waitangi It has stood the test of many a tight scrutiny.

As the fisheries settlement debate progressed and Iwi (as Maori tribes were now known),company and individual competition for resources began to emerge, families began to pull away from the Runanga and seek a self determination in the new political and economic environment. Around that, political plays and policies began to shape the quest for those organisation and individual goals. A study of the organisations, groups and individuals that emerged during the fisheries debate,provide us with a wealth of information and study about the changing shape of traditional codes and customs.

New interpretations of customs and rights appeared, shaped by the changing political and economic landscapes and altered realities for all. Goals changed. Where once there was just the Treaty, we began to see the emergence of an analysis and policies with new realities and perceptions. " Principles " of the Treaty began to appear, forcing Maori into turbulant and unchartered waters as we sought to protect that which we held so dear and near. Where do we start? and what do we say? as the new opportunities provided by income from the quota, clashed with customary philosophies and codes.

For the Runanga, the game kicked off with the Sealords Deal as we challenged the Governmenet and tribes of NZ about the fisheries settlement. Up until this point, the Chathams had been subsummed into Kai Tahu by way of the NZ Maori Council. We had no seperate voice or rather, the island inhabitants had no idea of how to deal with what was seen as weapons of control i.e the machinary of local and central government. 'Council' was the authority i.e it was seen as such as they had a mechanism which government seemed to heed. The Council leaders were well known for trooping off to Wellington and coming back with news of who they had been to see , to get things done. In fact, it was the Chairman of the County Council who was instrumental in bringing together the initial hui which set up the Runanga in 1988. And as we all knew, all eyes were on the quota.
The debate in NZ, continued as tribes challenged Crown and each other, over critical interpretations of tikanga Maori in all legal forums. The debates was pounded out in the highest courts of the NZ and Britain e.g what is an iwi?.

The commercial constraints and administrative laws, surrounding the new entities that had to be set up, to deal with these new philosophies of managing resources and people, have continued to bring conflict. The dichotomy and duality of values between the individual right and the collective right, has created major conflicts up and down the country. The seeds of discontent and conflict in the Mutunga groups, can be found in these dualities of rights and values.

The Chatham's had its own form of emerging interpretations of customs as political and economic landscapes converged in quests for wealth, self determination and reparation - all rolled in one.

But ohh ! those perceptions of reality and right ! How far? how long ? and when did the Treaty start on the Chathams ?
where do you put the stake in the ground to make the perception valid ? How do we know it is valid? Can the Tribunal tell us about ourselves? did they write of our stories?
Is it the money? the fish? the people? or the land? outside Iwi? or government?

WHO IS RIGHT?

The Tribunal report is confusing on critical custom of conquest. In fact, it could even be said to be laying a 2 bob bet each way, to make things tika. Oh dear, there's that word again ! Has war ever been fair? Someone won and others lost. Did these things happen only on the Chathams?

SO WHAT IS THIS THING CALLED CUSTOM?

And what importance do all these things have on the structure and constitution of organisation's who say they represent the tribe, Ngati Mutunga? What does that mean? What of rangatiratanga?

The Treaty of Waitangi

The important thing to get about the two organisations is that both exist because of the importance and legal status of the Treaty of Waitangi.
It follows that both must reflect the fundamental philosophies of the Treaty, in their constitution, their management and their policies. This also means all elected to Executive positions, ought to know what the Treaty is all about especially as it impacts upon the land and the people. All are held in the rangatiratanga of Ngati Mutunga o Wharekauri. They become kaitiaki for tribe and have a duty of care of the people. Having such a duty means they make themselves available to ' be of service" to the people , the environs and future generations.

The current conflicts between the two groups are not consistent with being kaitiaki of a tribe. Service seems to have been for self interest and is not so obvious, for the people, the environs or for future generations.

Of particular concern, is the on going controversies over whakapapa for political gain to boast registration numbers for Moriori i.e the whakapapa of our tupuna kuia, Ngahiwi Dix. My great grandfather was Manuera Dix. What is disturbing is the associated compromise of fundamental principles of the Treaty, of customary rights and the Rohe Potae, by Executive members, for what can only be described as greed or self interest. Why else would you compromise your customrry right to land for some fish?

Personally, I cannot see how Ngahiwi could be granted land if she had been of Moriori descent. There are a number of early succession applications recorded in the Maori Land where the Judge clearly states that succession could only be awarded to Maori. It seems to me she is more closely related to Te Rauparaha, which makes her principally Ngati Toa and Mutunga. Now as Ngati Haumia was a hapu of Toa, that makes the reserve at Waitangi, an interesting place ? How's that for a twist in perception?
Ω
Once again the confusion tells us we need to manage our whakapapa and customary land information much better then is being done now. One of the greatest damages done when all Runanga staff were dismissed in 2007, was the Treaty research on the court wards of land blocks blocks and identity of the tupuna granted land and history of owners, stopped. The cost of the dismissal is immeasurable. Those of Mutunga, must dialogue and korero with each other, to learn and know who they are and what Mutunga is.

So on we go ...but where to?

I heard Cris Finlayson say on TV something about how a divided people can never be united. I thought how fitting that described Ngati Mutunga o Wharekauri but it also sent a message to us. My hope is that the Ngati Mutunga Hui being held in Wellington, Christchurch and the Chathams, will not only face their internal conflicts, but also set a pathway for the future of Ngati Mutunga o Wharekauri.

They ought to reccommend that a joint Working Party be set up, with the terms of reference to bring the two constitutions together, to take the best from each and to reshape it into a strong, efficient and effective wharenui for Ngati Mutunga o Wharekauri, so that it may engage meaningfully and fully, in the local, national and global society, as it has always done.


Still no media statement so I will put the draft version on the Google groups- Wharekauri site.
Do This:
Go to Google. click on Groups. click on the document you want to read OR
Click on 'wharekauri ' and then the document OR
Type 'wharekauri ' into the search box.

cheers Evelyn