Monday, May 25, 2009

Of Treaties,Trusts & Constitutions...& Foreshore and Seabeds....

What a busy time it is..I think one step at a time is a good way of dealing with each day. Everyone has things to deal with and at the moment, the economic crisis is affecting us all...Making decisions can be a challenge, as is finding ways to get through the things to do. It is often the time when new ways of doing things are created as old ways tip over.

This is happening on an international level as new business and administration infrastructures are put in place to deal with the new economic climate. It seems even the jobs that our institutions are training our young for, are no longer meeting the needs as a new economy emerges from the embers of the global recession. We all have to think differently as the old structures crumble. It seems a key component for successful business is to make sure you provide a service to meet the needs of people. If you are not, you might find it difficult to survive.

Makes sense to me.!

It's great that people are sending in ideas about how Ngati Mutunga Iwi Trust should be run. It shows people are concerned about what is happening There are many aspects of a constitutional structure that need developing before organisation can fully function.
The purpose of being part of developing the constitution, is that you can make sure the people you appoint, have a set of rules in place that you have agreed to and can monitor them with. Like having the best tax structure, how should we develop relationships with other Maori? Other Iwi, Urban Maori? - what's the difference? how processes work, rights and access to benefits of Ngati Mutunga - who qualifies, rulea for membership, how should these be checked? whaangai ( rights of adopted children?) to benefits of Mutunga? what happens when adopted shildren inherit customary land from their parent? what entitlements do they have? ,what constitutes a conflict? how to deal with disputes? etc, etc. etc
Everyone has different ideas and tribes have different rules, so what are the rules for Mutunga o Wharekauri?

Definitions of key concepts (e.g tangata whenua, ahi kaa, manawhenua, kaumatua, kuia, Rohe, Whakapapa, how to determine, monitor rights of whakapapa, land blocks? why are these important? who has the rights? how are these determined? who decides?How?

THESE ARE SOME OF THE CRITICAL COMPONENTS THAT AFFECT EVERY MEMBER OF NGATI MUTUNGA O WHAREKAURI


Underpining these rules are the constitutional & legislative foundations set in place by the Treaty of Waitangi. Every clause must be capable of enhancing the regulatory framework of the Treaty. If it does not, it places the future of Ngati Mutunga o Wharekauri, at risk by potentially extinguishing the rangatiratanga of every member of Ngati Mutunga o Wharekauri. It is without question that the fisheries assets must have explicit protection by these conventions. It seems,however, the Iwi Trust assets do not carry these protections. Perhaps it is time to clean it up, so let's get on with it.

As a matter of interest, it took 7 years for the Runanga to work through its new constitution so that it could protect any Treaty asset- however, even though it was the first group into TOKM with a constitution that took account of the rules, the monkey doodles who set up the Iwi Trust, were already out the back doing deals on quota with Moriori and TOKM - all trying to secure control over the quota assets that belonged to us all- and we were not told, were not part of those negotiations. The deceit was appalling. You might like to ask Toa and Eddie bout their experiences.
And so that is how Mutunga lost half its Treaty fish.

FOR WHAT? What benefit have the people received in exchange for the 'gift' given to those who did the deal? Manaakitanga without reciprocity? ...a new kind of tikanga? What's mine mine and what's yours is half mine? Have you had any benefit?
Did Moriori offer the Iwi Truat, half of their $6 million deal with Crown? Did you know anythng about it? What was the $6 million for?

Meanwhile, at the time , the Runanga was climbing through the bog with hip gumboots, working with the Fraud Squad on more monkey doodle activities with the BNZ in Chch, involving financial transfers in big bags and constitutional quick steps, also set in place by the first Iwi Trust members. This evidence remains live...

SO...the way I look at it is.. we all need to start again...
CLEAN UP THE MESS!!!
The current Iwi Trust is built on activities that can destroy our families .. and I don't think that is what we are all about It certainly wasn't what our kuia and kaumatua wanted.

The only way forward is to bring everyone into the same paddock, warts and all, and find a new way forward. That includes building a new constitution by taking the best from both constitutions - the Iwi Trust documents and the Runanga documents .. Fixing up the Iwi Trust constituion won't work as the evidence is clear on why and how it got to be a mess. Let's hope we don't have to use it...The number of people on the board won't take away the problems or mend the broken bits. Only the combined will and commitment of the people to strive for a better future for our mokopuna, can clean up this mess.

To demonstrate the importance of the Treaty in our daily lives, I am wondering whether anyone put in a submission to the Foreshore & Seabed Review Committee?
My guess is no.. perhaps County Council did, maybe DOC , as they may have to manage it .. but I am not sure whether Te Iwi Moriori or Iwi Trust did anything..T
he Review process was really important for individuals who own land bordering the lake and sea, to respond to. It was your Treaty right to your land access to the lake and sea, that had to be defended.
Anyone answer? Or were you all more worried about how to keep the Iwi Trust going and and getting rid of some members?

However, I am not sure if any of the Board or members actually know how the Treaty works on the Chathams as they look to other iwi for answers . the thing to get is this..

The Rohe or territory of Wharekauri is the papakainga of Ngati Mutunga o Wharekauri.
Its history, its tikanga, its rangatiratanga can only come from the relationships built by the people i.e how they managed the political, economic, social and cultural activities that enabled them to live on ISLANDs that are 800 km away from NZ. If you come from the Chathams, you know how to survive its seasons, its isolation, its lands and seas, its risks and how to do what you have to do to get on with or dodge your whanau and neighbours ..Survival has its own code - in all cultures.
NZ's as we call them, i.e those who are not born of islands, can have a different view and perception of life on the Islands and they don't have the Treaty rights. Other tribes lived differently according to their landscapes and environments, tikanga and rights- IN NZ. However, we are all of the culture of Maori.

When government moves legislation to create a Crown property right in customary Maori territory, property or assets in any way, without consent or compensation or redress, all Maori object When the quota system was introduced and created a property right in the territorial seas around NZ, Maori tribes lodged legal challenges in the High Courts of NZ. The Runanga sonsequently lodged in the High court with everyone and continued onto the Court of Appeal, in an effort to protect the territorial rights of Ngati Mutunga o Wharekauri aqainst the tribes of NZ and Crown. The case was known as the Sealord's Deal. From this came the quota and assets and cash that are now held by the Iwi Trust. They have denied the Runanga and its members access rights......
A funny old world isn't it!

In the case of the Foreshore and Seabed, Crown are moving to create ownership rights from the mean high water mark out to the 12 mile zone. This is curently in customary ownership under the Treaty rights of Maori within the legislative frameworks currently in place. However, as the case to determine who has mana over the islands has been affected by Te Tau ihu o Te Waka case in the Maori Land Court,[top of the Sth Island tribes]. So, Ngati Mutunga o Wharekauri is in limbo, unless ---you keep protecting your rights.
I note TOKM was clever enough to keep their rear ends clean by allocating the quota without prejudice to mana whenua rights and indemnified itself from all risks and failure by the receiving groups. That means the battle to protect your rights to the Islands, is still to be fought!!! And so we have the Foreshore & Seabed Reveiw. My hope is that you continue to protect your Treaty rights - the rights and responsibilities of kaitiakitanga, rangatiratanga and manaakitanga.

As the Runanga is out of action, it is unable to respond to any critical legislative changes. It remains one of the most destructive implications of the actions taken by the Chairman, when he moved to dismiss staff. He failed failed to protect the Treaty rights of the Runanga members. Why did he sit for 2 years and refuse to do did anything? On the other hand, some would probably say it was deliberate.

What I have done is submitted a paper through my mothers Trust, on behalf our whanau and as a member of the Runanga. What else could we do?
The Treaty rights of Ngati Mutunga are critical to the survival of all members.
I understand there were 3 groups on a telephone conference with the Review Team, including the Council, but did any of you know about it? It would be great if we could see what they have written, perhaps someone can ask for a copy and we can put it on the site.
I have put the submission document on the Google site if you want read it. It was a rush job but at least it is there.
I have also added a submission responding to Steve's proposal for registering memberships and whakapapa. My intention is make try and sure the customary rights of Ngati Mutunga o Wharekauri, are noted explicity in the constitution so as to protect future generations of Ngati Mutunga o Wharekauri. Who knows, Crown might sell the rights mining to the Chinese, in exchange for closer economic partnerships!!

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