Wai 85 Update

Crown forces settlement on Wairarapa Moana owners

On 13 December 2022, the Nga¯ti Kahungunu ki Wairarapa Ta¯maki nui-a¯-Rua Claims Settlement Bill had its third and final reading in Parliament. It then became law.

The Ngàti Kahungunu ki Wairarapa Tàmaki nui-à-Rua Claims Settlement Act extinguished Wairarapa Moana Wai 85 claim and forced a settlement against the wishes of the majority of Wairarapa Moana owners.

This is despite at the end of last year, the Supreme Court upholding our appeal, and paving the way for us to return to the Waitangi Tribunal and pursue our resumption application for the return of lands at Pouàkani.

“…if the Nga¯ti Kahungunu ki Wairarapa Ta¯maki nui-a¯-Rua Claims Settlement Bill were not passed into law tomorrow, the Tribunal would pursue the path outlined for it in Wairarapa Moana ki Poua¯kani Incorporation v Mercury NZ Limited [2022] NZSC 142. This might have had the effect of returning significant hydro assets to the Wairarapa Moana ki Poua¯kani Incorporation or another appropriate entity. It might also have resolved longstanding raru between tangata whenua at Poua¯kani and Wairarapa Ma¯ori through a tikanga process that was allowed to run its course. However, the government has decided to extinguish those possibilities by passage of law tomorrow.”

Judge CM Wainwright, Waitangi Tribunal, 12 December 2022

The Crown’s treatment of Wairarapa Ma¯ori is “a remarkable story of injustice”…“ a trail of tears”.

Justice Cooke, High Court, Wellington, 30 March 2021

The Crown ignored the Waitangi Tribunal finding in November 2021 that the Ngàti Kahungunu ki Wairarapa Tàmaki nui-à-Rua Settlement Trust was not mandated to settle Wai 85. The mandate to settle was with the Wairarapa Moana Incorporation.

This isn’t the outcome the Committee of Management, and the majority of our owners were seeking. The act to legislate away our rights whilst pursuing a matter before the New Zealand courts, is a breach of te Tiriti, the New Zealand Bill of Rights and the International Covenant on Civil and Political Rights.

With the Ngàti Kahungunu ki Wairarapa Tàmaki nuià-Rua Claims Settlement now law, another chapter in our journey towards redress and compensation for the Crown’s te Tiriti breaches at Pouàkani has drawn to a close. But it is not the end.

The Committee of Management are considering next steps. At the AGM in October last year, we advised owners and whànau that we had filed with the High Court an application for judicial review of the Crown actions to extinguish the Wai 85 whilst proceedings were before the Waitangi Tribunal, a breach of Te Tiriti o Waitangi, the Bill of Rights Act 1990, and the International Covenant on Civil and Political Rights.

We mihi to all of our owners and whànau who have sent through messages of support. We wish to also acknowledge the ongoing support of the Pouàkani Claims Trust, the Federation of Màori Authorities, and the New Zealand Màori Council.