What the Rangitāne Tū Mai Rā Trust says
39.
We now turn to the aspects of the Rangitāne case (Wai 3068) that counsel for the Rangitāne Tū Mai Rā Trust (‘the Trust’), Renika Siciliano, emphasised in hearings.
40. Their claim is a simple one: the Crown made promises to Rangitāne o
Wairarapa and Rangitāne o Tamaki nui-a-Rua (‘Rangitāne’) that it has not kept.56
41.
The Rangitāne o Wairarapa and Rangitāne o Tamaki nui-ā-Rua Deed of Settlement of Historical Claims (‘the Rangitāne Settlement Deed’) was full and final, but included specific provisions for the negotiation of joint redress over Wairarapa Moana and the Ruamahanga River. Clause 7.6 of the deed provides for the Crown to continue to negotiate in good faith with the Trust and ‘mandated representatives of Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua Settlement Trust’ about the shared redress and the shared redress legislation.57 The provisions envisage that this redress will be given effect in a joint redress bill to be enacted before the legislation that gives effect to the Ngāti Kahungunu ki Wairarapa Tāmaki nui-ā-Rua deed of settlement.
42.
The affidavit of Piri Te Tau58 details how Rangitāne found out about the settlement negotiations between the Crown and Ngati Kahungunu concerning Wairarapa Moana indirectly and too late: ‘You can imagine our huge surprise and disappointment then when, on 22 July 2021, it came to the [Rangitāne Tū Mai Rā] Trust’s attention that Ngāti Kahungunu had negotiated additional redress in relation to their settlement with the Crown, including specific redress in relation to Wairarapa Moana.’59 It wasn’t until 15 October 2021 that it was clear to them that the Crown would pay another $5 million redress relating to the moana directly to Ngati Kahungunu rather than directly to the Statutory Board in which the two iwi were to cooperate.60 He explains Rangitāne’s attempts to get the Crown to engage with them, and the Crown’s unsatisfactory responses.
43.
Counsel cited the canon of Tribunal jurisprudence that spells out the Crown’s duties when settling Treaty claims where interests are shared between iwi. She said that the Crown’s duties of active protection and equal treatment have not been fulfilled. Here, the Crown is ‘fully aware of, and has acknowledged, the strong Rangitāne interests in Wairarapa Moana and the Ruamahanga River’.61 She quoted the Tamaki Makaurau Settlement Process Report where it said the Crown ‘must act fairly and impartially towards all iwi, not giving an unfair
56
Wai 3058, #3.3.5 at [1.1]. Wai 3058, #3.3.5 at [2.5]. 58 Wai 3058, #A13. 59 Wai 3058, #A13 at [13]. 60 Wai 3058, #A13 at [26]. 61 Wai 3058, #3.3.5 at [3.11]. 57
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