BEFORE THE WAITANGI TRIBUNAL
IN THE MATTER
WAI 900
of the Treaty of Waitangi Act 1975
AND IN THE MATTER
of a claim by Te Rarua McClutchie-Morrell
MEMORANDUM OF COUNSEL – BOYCOTT OF AIRING OF GRIEVANCE HEARINGS Dated: 24 August 2011
Kathy Ertel & Co Barristers and Solicitors PO Box 27042 Wellington 6021
MAY IT PLEASE THE TRIBUNAL 1. On 20 August 2011, a claimant hui was held in Gisborne to discuss the Airing of Grievance Hearings, among other things. 2. After discussing the procedure and substance involved in these Airing of Grievance hearings, it was the unanimous resolution of the hui that claimants would boycott the Airing of Grievance hearings on the following grounds: a. The 20-minute time allocated to each claimant was arbitrary
and
too
short
to
allow
for
meaningful
presentation; b. The notice period before the hearings was too short for adequate preparation of a meaningful presentation c. The hearings were being offered to Ngāti Porou but not the traditional tribes; d. There will be no “outcome” of the hearings—no report with findings or recommendations to inform the Crown about the East Coast grievances. e. The hearings lack other important elements of natural justice 3. We wish to inform the Tribunal that the following claimants are boycotting the Airing of Grievance hearings and will not be attending:
Wai 901
Laura Thompson, Te Papatipu o Uepohatu claim
Wai 1171
Albert Beach, The Manutahi A23 claim
Wai 1272
Rapata Kaa, the Ruawaipu Active Protection claim
Wai 1275
Renata Tawhai McClutchie, Active Protection Claim
Wai 1285
Stephen Beach, the Ruawaipu Income Tax and Revenue Claim
2
Wai 1332
Victor Beach, the Ngﾄ》i Uepohatu Ethnic Suppression Claim
Wai 1381
Te Rarua McClutchie Morrell, The Native Land and Resources Claim
4. It is our understanding from contacts with other counsel that there will be no attendance of other claimants who do oppose the settlement. The Minister has been notified of this boycott by letter of 23 August 2011. 5. It is also our understanding that Hauiti marae has declined to host the hui on Friday 26 August as previously announced. Dated 24 August 2011 at Auckland
Linda Thornton - Counsel
3