It has been almost 8 months since my last post - much has happened.
Decisions of the court have been made and set in place, and so now, we set
out on new journeys and challenges. It is a time of change.
Personally, the challenges of the past three years cauterised the very core but I
am mindful of the following words as we seek to rebuild Ngati Mutunga o Wharekauri..
' There must be no bitterness in the reconstruction work. We must try to forgive those who injure us"
Madame Kai Shek.
Madame Kai Shek.
As the journey to repair the splintered and charred whare that cloaked the journey through the very heart of the tribe, continues, it is with hope and anticipation of a better future for Ngati Mutunga o Wharekauri, that I begin to write again.
As for the issues of the case, it seems important to let you know what has happened since the court decision. Throughout this blog, the consistent statement has been that the whole affair did not have to happen. So many rules of the constitution were broken that clearly the lack of management knowledge and skill of the Board members steering the ship. were wanting. While my goal was to get it resolved quickly, and to get on with the Runanga duties, if we look at the delays and time dragging by the Chairman and his advisor, it clearly was not a priority of the Chairman. It seemed they were more interested in playing the person and not the ball.
Throughout the 2 and half years, the process was thwarted by the constant attempts
to lay the blame for the debts upon me.
While it was difficult ignore the accusations, my advisers were adamant, that I
take a pathway that would lead the tribe out of the violence and destruction
that was being laid upon the Runanga, and leave aside the matters and accusations that were being slated me, until the main task was done.
For my part, it was imperative that the Runanga and the customary rights of Mutunga, be placed in a safe space, where the issues could be addressed in a proper manner and time.
It is the reason why I chose to negotiate a settlement as it was the quickest way to end the case.
In the event, the action taken by the Chairman ,destroyed the whole
internal and external infrastructure of the tribe. Networks and relationships
that had taken years to set in place, were wiped out. Today there remains but
the threads of the original whaariki, that was set in place by the old people.
The opportunity loss not only for Ngati Mutunga o Wharekauri and its members but also for the whole Island community, has been significant.
Consequently, following the case,I laid a complaint to the Law Society,
against the legal advisor. The assumption is that it was he provided advice to the Chairman. Despite the difficulties around process, the situation remains on the table. While the argument is that lawyers are entitled to use a robust and forthright manner in the protection of their client, my concern remains.
The concern is that as an officer of the court , a legal advisor has duties in carrying out the roles and responsibilities of justice. An officer of the court must not use, or knowing assist in using ,the law or legal processes for the purpose of causing unnecessary embarrassment, distress or inconvenience to another person's reputation, interests, or occupation. An officer of the court has an over riding duty to the court, which includes a duty of fidelity or honesty to the court.
The concern expressed to the Law Society remains as follows;
Over the 2 and a half years I was consistently accused by the legal advisor, of being responsible for the financial decisions and situation of the Runanga even though he knew I was never the CEO or had any authority for financial decisions, and that he had lost the staff grievance case against the Runanga, in the Employment Court.
What I want to know is whether it is acceptable that " deception' be considered an acceptable form of strategy or action taken by an officer of the court, in the robust and forthright defense of the client ?
I await their reply...and will be relieved when the nightmare ends.....
The question is... have the lessons been learnt? Will the next
governing board of the Runanga , understand what happened? Or will
they continue to do things 'the way we always do things' and play the person and not the ball?
Perhaps the bigger question is 'what is it we want for our tribe ? 'for our Rohe? for our whanau?
Do we want or value our tribe Ngati Mutunga o Wharekauri?
What do you want your tribe to do?
Do you know what your tribal land block or hapu is ? Did you know there was
one?
What do you want? What do you know?
My belief is that people have become so disconnected from the tikanga and culture of their tribal selves that when critical constitutional matters relating to their culture , arise, there is no understanding of its critical value in determining the impact uopon their needs and those of their whanau.
Throughout the 2 and half years, the process was thwarted by the constant attempts
to lay the blame for the debts upon me.
While it was difficult ignore the accusations, my advisers were adamant, that I
take a pathway that would lead the tribe out of the violence and destruction
that was being laid upon the Runanga, and leave aside the matters and accusations that were being slated me, until the main task was done.
For my part, it was imperative that the Runanga and the customary rights of Mutunga, be placed in a safe space, where the issues could be addressed in a proper manner and time.
It is the reason why I chose to negotiate a settlement as it was the quickest way to end the case.
In the event, the action taken by the Chairman ,destroyed the whole
internal and external infrastructure of the tribe. Networks and relationships
that had taken years to set in place, were wiped out. Today there remains but
the threads of the original whaariki, that was set in place by the old people.
The opportunity loss not only for Ngati Mutunga o Wharekauri and its members but also for the whole Island community, has been significant.
Consequently, following the case,I laid a complaint to the Law Society,
against the legal advisor. The assumption is that it was he provided advice to the Chairman. Despite the difficulties around process, the situation remains on the table. While the argument is that lawyers are entitled to use a robust and forthright manner in the protection of their client, my concern remains.
The concern is that as an officer of the court , a legal advisor has duties in carrying out the roles and responsibilities of justice. An officer of the court must not use, or knowing assist in using ,the law or legal processes for the purpose of causing unnecessary embarrassment, distress or inconvenience to another person's reputation, interests, or occupation. An officer of the court has an over riding duty to the court, which includes a duty of fidelity or honesty to the court.
The concern expressed to the Law Society remains as follows;
Over the 2 and a half years I was consistently accused by the legal advisor, of being responsible for the financial decisions and situation of the Runanga even though he knew I was never the CEO or had any authority for financial decisions, and that he had lost the staff grievance case against the Runanga, in the Employment Court.
What I want to know is whether it is acceptable that " deception' be considered an acceptable form of strategy or action taken by an officer of the court, in the robust and forthright defense of the client ?
I await their reply...and will be relieved when the nightmare ends.....
The question is... have the lessons been learnt? Will the next
governing board of the Runanga , understand what happened? Or will
they continue to do things 'the way we always do things' and play the person and not the ball?
Perhaps the bigger question is 'what is it we want for our tribe ? 'for our Rohe? for our whanau?
Do we want or value our tribe Ngati Mutunga o Wharekauri?
What do you want your tribe to do?
Do you know what your tribal land block or hapu is ? Did you know there was
one?
What do you want? What do you know?
My belief is that people have become so disconnected from the tikanga and culture of their tribal selves that when critical constitutional matters relating to their culture , arise, there is no understanding of its critical value in determining the impact uopon their needs and those of their whanau.
Consequently, I don't think people even think about these matters as the demands placed upon them to survive, overwhelms some and for others, closes down the freedoms of believing they have a right to the resources that have been caught in the tahae net.
The effort of trying to neeet the ever changing demainds of our daily lives, overwhelms and reduces the energy and time required , for us to consider these important things that are the real things that control how we live. Worse then that, no one really knows how to change what is happening.
My hope is that Ngati Mutunga o Wharekauri becomes a time, a place and vehicle that grows the families of Ngati Mutunga , develops the Rohe o Wharekauri in a way thatThe effort of trying to neeet the ever changing demainds of our daily lives, overwhelms and reduces the energy and time required , for us to consider these important things that are the real things that control how we live. Worse then that, no one really knows how to change what is happening.
brings prosperity for and from the resources and benefits the whole of the Chatham
Islands. It is our papakainga, our whakapapa , our tupuna rohe.
"If you want one year of prosperity,
Grow grain.
If you want to grow 10 years of prosperity,
Grow trees,
If you want one hundred years of prosperity,
Grow people "
Ref: Success is in Giving. W Harria1998.
It is a time for reconstruction......a challenging time of growth ....to be taken one step at a time..
cheers Evelyn
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