Waitangi Tribunal recommends that the Wairarapa Settlement does not go ahead Tēnā koe The Waitangi Tribunal sat under urgency on 11-12 November 2021 to hear the applications of Wairarapa Moana Incorporation (Wai 85), and the hapù of Ngài Tùmapùhia-à-Rangi (Wai 429) in relation to the Deed of Settlement recently signed by the Crown and the Ngàti Kahungunu ki Wairarapa Tàmaki Nui-à-Rua Settlement Trust. The Waitangi Tribunal was asked specifically to determine whether or not the Settlement Trust had the mandate to sign the Deed of Settlement with the Crown in late October 2021 in relation to Wai 85 and Wai 429. The Waitangi Tribunal released its Report on 18 November 2021. The key findings are: • When the Crown and the Settlement Trust signed the Deed of Settlement on 29 October 2021, the Settlement Trust had no mandate to settle on behalf of Wai 85 and Wai 429. • The settlement process was not fair and did not comply with the principles of the Treaty. • The information provided to whànau during the 2021 Vote on the revised Deed of Settlement did not explain what was happening in the courts, the interests at play, and the potential outcomes. • The 2021 approval vote did not meet the levels of approval specified in the relevant Settlement Trust Deeds (variously 70% and 75%). • The Tribunal recommends that the proposed settlement with Ngàti Kahungunu ki Wairarapa Tàmaki nui-à-Rua does not proceed at this stage. • The litigation that is before the Supreme Court in February 2022 should be allowed to take its course. The Waitangi Tribunal also states that Wairarapa Moana Incorporation and Ngai Tùmapùhia-à-Rangi are groups
led by people of mana and are themselves groups with mana and importance in te ao Màori ki Wairarapa. Our preference to pursue litigation about Pouàkani and Ngàumu Forest is an exercise of rangatiratanga with which the Crown should interfere only for the strongest possible reasons. The Crown's reason for electing to end our right to have our appeals heard in the Supreme Court did not meet that test. Wairarapa Moana Incorporation have always held the mandate to settle their treaty grievances relating to the lands at Pouàkani, and since 2010, this has been regularly confirmed with owners at a number of Annual General Meetings. The Settlement Trust has never held the mandate. The findings of the Waitangi Tribunal on 18th November 2021 supports our view. The Incorporation does not want to stop the rest of the Ngàti Kahungunu ki Wairarapa Tàmaki Nui-à-Rua settling their claims. Our message to the Crown has been simple, remove Wai 85 from the Deed of Settlement. Once again, the Committee of Management thanks Wairarapa Moana Incorporation owners and whànau for your continued support. We will keep you up to date with this important kaupapa.
Nàku noa, nà Kingi Winiata Smiler Chairman, Wairarapa Moana Incorporation 19 November 2021