Wai 85 Update

The Ma¯ori Affairs Select Committee report on the Nga¯ti Kahungunu ki Wairarapa Ta¯maki nui-a¯-Rua Claims Settlement Bill was reported back to Parliament on 11 November 2022. As expected, the Bill is largely unchanged.

It is significant that all Opposition parties: National, the Greens and Te Pàti Màori raised concerns in the report about the intention of the Government to extinguish the Wai 85 while legal proceedings are still before the Supreme Court. They all included “differing views” on the clause in the Bill that would extinguish our Wai 85 claim. Te Pàti Màori made it clear that Wai 85 should be removed from the Ngàti Kahungunu ki Wairarapa Tàmaki nui-à-Rua Claims Settlement Bill.

All the signs are that this Labour Government will impose on Wairarapa Moana owners, a forced settlement of the Wai 85 claim.

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The Budd and Mataki wha¯nau

Pouākani whispers As all the manu witness, Tiwaiwaka flitters, As the ngahere sparkles and glitters, Blessed by Tamanui te ra kisses, Awakening ancestral wishes, Dormant like sacred seeds within us, Whakapapa spiritually awakes us, Our tupuna whānau embrace us, Reo ngakau, reo wairua, reo rangatira explodes, Connecting us like tree roots and nodes, Standing strong, and alive like Pouākani rose, We felt the wairua connection from our head to our toes, Deep breath in again, this is not the end but instead a reconnection – to another beginning… TІ ¯hei mauri ora! Wairarapa Moana is working with whànau and the community to protect and enhance the totara taonga, spending $50,000 on better protection measures this season, including two viewing platforms that will keep visitors further away from the tree. 2

Breach of New Zealand Bill of Rights Act

In early October 2022, the Committee of Management lodged an application under the New Zealand Bill of Rights Act with the High Court. Section 27(3) of this legislation “affirms and protects the right of every person to bring civil proceedings against the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.” We briefed shareholders and whànau about this latest action at the recent Annual General Meeting. The Committee of Management firmly believes any action by the Crown to extinguish the Wai 85 claim while we have proceedings before the Supreme Court is a breach of Te Tiriti o Waitangi, the New Zealand Bill of Rights Act, and the International Covenant on Civil and Political Rights.

The Crown response to this action was swift. Because the Ngàti Kahungunu ki Wairarapa Tàmaki nui-à-Rua Claims Settlement Bill is not as yet law – they advised us they would move to apply to the High Court to have our application “struck out”.

We consider this to be a ridiculous response.

By the time our application is considered by the High Court (mid to late 2023), the Government will have passed the Ngàti Kahungunu ki Wairarapa Tàmaki nui-à-Rua Claims Settlement Bill.

The Committee of Management has, however, temporarily withdrawn our application under the New Zealand Bill of Rights. We are ready though to re-apply immediately Settlement legislation is passed (if the Wai 85 claim is included). We think it has been important to signal to the Government the consequences of any forced settlement of Wai 85 while we have proceedings before the Supreme Court.

The Committee of Management thanks all shareholders and whànau who made submissions on the Bill, and fronted up to the Màori Affairs Select Committee.

The Committee of Management noted the continued support of shareholders to this kaupapa at our recent Annual General Meeting at Mangakino. Ngà mihi nui.