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Thursday, July 31, 2008

Crown-Tuhoe: 1895 v2.0

This is historic stuff:

Ngai Tuhoe and the Crown signed Terms of Negotiations, marking the beginning of negotiations for the settlement of Ngai Tuhoe's historical Treaty of Waitangi claims in spite of the fact Ngai Tuhoe did not sign the Treaty.
The Terms lays the ground rules for the negotiations which the Crown hopes to have resolved within the year.
Deputy Prime Minister Michael Cullen said the negotiations were an opportunity to address grievances and move forward.
Ngai Tuhoes claims included the confiscation of tribal their land, historic losses of lives as a result of Crown actions and the execution of unarmed prisoners by Crown forces during the New Zealand wars.

But they have it wrong here:

This is the second time Ngai Tuhoe have negotiated with the Crown.
In June this year they signed the Central North Island Collective Deed of Settlement.
This settled Ngai Tuhoe's claims to central North Island forest land but did not address the settlement of their remaining historical claims.

They "negotiated" with the Crown in 1895:

the Native Land Court was going to break into the core Tuhoe territories. It may have been this threat... which led the chiefs of Te Urewera... to enter into negotiations with Seddon, the Liberal Prime Minister, in 1895...

In effect the Urewera tribes made a cession of their de facto sovereignty in return for certain promises made by the government of the day on behalf of the Crown. The main points supposedly agreed to, as identified by Seddon, were:
(a) an external survey of the Urewera block;
(b) internal subdivisions to be carried out by a Commissioner, rather than the Native Land Court; and
(c) the establishment of a process of self-government through a General Committee representing the various iwi and hapū of the region.

The Urewera District Native Reserve Act was passed on 12 October 1896. The Act is described in its Long Title as "an Act to make provision for the ownership and local government of the Native lands in the Urewera District".
The Preamble states:
Whereas it is desirable in the interests of the Native race that the Native ownership of the Native lands constituting the Urewera District should be ascertained in such manner, not inconsistent with Native customs and usages, as will meet the views of the Native owners generally and the equities of each particular case, and also that provision should be made for the local government of the said district...

The guarantees of 1896 were soon forgotten as the Native Land Court was introduced to the region and the Crown embarked on an aggressive programme of undivided share-buying of the Urewera block. Most of the region passed into Crown title during a massive title consolidation scheme during the 1920s.

An Act to facilitate the Settlement of the Lands in the Urewera District...
WHEREAS the [Maori] lands within the district referred to in Schedule 1 to this Act have for a number of years been under special administration, and it is now desirable to apply the ordinary law thereto... hereby repealed... The Urewera District [Maori] Reserve Act 1896.

That's the backgrounder. They hammered out a deal with the Crown and then the government changed its mind and dicked them over. That ought to be in everyone's minds - this history of deals. But the Waitangi process and the systematised method of Crown-Iwi contact must be some way ahead of where we were at a hundred odd years ago. Surely. The statute arising from these negotiations will settle the constitutional status of Tuhoe - and thus determine the price and terms upon which they sign the Treaty of Waitangi (even if they don't actually sign the document). But there's no reason the Crown can't offer the same text of The Treaty as part of the agreement.

The Crown - the mechanism of the settler-speculators to aid their economic and social interests - decided that Maori were the enemy üntermenschen that stood between them and their fortune, and started incapacitating them by war, seizure and harsh laws from the 1860s. All the Crown gains from suppressing Maori autonomy have been locked in by each succeeding generation of settler-speculators. They confiscated and enforced sales of Maori land everywhere - in every district and in many different ways. The more immigrants they can pump in the better for them. Maori votes will be further diluted, their democratic power diminished, meaning they can't politically resist the onslaught. It had become in the economic interests of the Pakeha not to think about it. Each year that stolen piece of Maori land increases in value if immigration remains high. The higher the price of the land the less likely it will be that the Crown will return it or pay for its return. The more incentive the settler-speculator has to keep hold of it. The system is a basic colonial-styled immigration-based land speculation pyramid. Always was - organised immigration came before organised government - and always will be... if we accept the status quo.

So, given that the Crown party to these negotiations has been accused of war crimes, and that Tuhoe maintain a constitutional independence from the Crown (even if day-to-day co-operation with the "Crown agents" is commonplace) it must set a high threshold of guaranteed internal self government. The rest of the nation's tribes may then reasonably assert the same level of territorial and jurisdictional autonomy as that which has been gained by Tuhoe. Surely. The Crown would find it impossible to argue their way out of extending all the Tuhoe gains on to every competent Iwi grouping. This is very important. Tuhoe could be the new model of the Crown-Iwi relationship and would give the Tino Rangatiratanga cause something achievable to aim for in the medium term. The Crown making a National Park out of the centre of their territory will mean consequences for all National Parks and DoC land under my scenario.

I hope the Maori Party make the Crown negotiate properly if they are in a position to demand it.

Michael Cullen
Crown and Ngāi Tūhoe sign Terms of Negotiations

Ngāi Tūhoe and the Crown have today signed Terms of Negotiations, marking the beginning of negotiations for the settlement of Ngāi Tūhoe’s historical Treaty of Waitangi claims, Treaty Negotiations Minister Michael Cullen said.

The Waitangi Tribunal held hearings into Ngāi Tūhoe’s claims in 2004. The claims included the loss by Ngāi Tūhoe of land and lives as a result of Crown actions, the execution of unarmed prisoners by Crown forces during the New Zealand wars, and the Crown’s 1916 raid on Maungapohatu and arrest of Rua Kenana.

The Crown recognised the mandate of Te Kotahi a Tūhoe in September 2007. Terms of Negotiations set out how the Crown and Ngāi Tūhoe will negotiate, and indicate the subjects to be discussed.

“The Crown and Tūhoe have a long and troubled relationship to rebuild,” Dr Cullen said.

“Through these negotiations we have the opportunity to resolve the grievances of the past and build a future based on common understanding together.”

In June this year, Ngāi Tūhoe signed the Central North Island Collective Deed of Settlement. The Collective Settlement settled Ngāi Tūhoe’s claims to central North Island forest land but left the settlement of their remaining historical claims to be negotiated. The redress provided under the Collective settlement is on account against such a settlement.

Cullen is leading treaty negotiations and does have his address to Tuhoe online but I can't find the actual Terms.

And this picture from NZPA is priceless. If that isn't goodwill on both sides I don't know what is.


At 31/7/08 7:37 pm, Anonymous Anonymous said...

Poor Cullen, imagine what that little dwarf smalls like. And why is he sniffing that crim for anyway?

At 31/7/08 7:44 pm, Anonymous Anonymous said...

I thought Tuhoe didn't sign the treaty?

At 1/8/08 9:55 am, Blogger Jeff said...

A serious question Tim:

I know you are a supporter of some form of self government for tribes over their people / land. I am curious as to what level of self government you envisage as preferable / workable.

Is it like the jurisdiction of say a council, the right for example to make by laws which are enforceable as far as the act which embeds are? Are you thinking more than this, i.e. the right to pass actual statutes? Ie the right to conduct all affairs with the exception of foreign affairs?

Or are you thinking the next step, actual independence, right to foreign affairs etc?

Guess there are lots of sub questions, ie right to wealth under land etc etc, but I guess the core one is the above.

I am curious, like I can see some form of the first working, I cant see the last working or being an option.

At 1/8/08 10:48 am, Blogger Tim Selwyn said...

I've written about this before - if you care to search the blog. In summary I would like to see more low-level responsibilities passed to local bodies. In the end the powers of these bodies - Maori-based ones with their rohe, and Crown-based ones and their districts will be the same - equal. Their methods or customs in operating the same set of responsibilities may be somewhat different. Communities may opt in or out of doing the full range of things they can do. If the Crown - central government - or the private sector is doing a good job at policing and security (for example) then the community would not need to hire or mandate their own security.

It's about giving communities the tools they need to look after their interests. This is a form of local autonomy. If you look at the US and the very independent sort of communities they have (own Sheriff, police, courts etc.) we can see that it can be done in that manner.

I need to put more detail into it - but that's it, basically. I'm not in favour of splitting parliament into Maori and non-Maori houses. I'm not in favour of Maori wards in local govt. either if it means using the Maori roll. Tangata Whenua should have their role and territory recognised.

The outcomes must be reasonable and sustainable. A pilot scheme for this might be Tuhoe. If it works there and beds in it can be rolled out across the motu.

At 1/8/08 3:36 pm, Blogger Jeff said...

Thanks tim

At 2/8/08 3:58 pm, Anonymous Anonymous said...

"that Tuhoe maintain a constitutional independence from the Crown (even if day-to-day co-operation with the "Crown agents" is commonplace)"

Is that in the form of a WINZ office dispersing benefits.

If the tuhoe had any integrity regarding their presumption of constitutional independence they would drop all support from the state they receive.

They're on the take like all other maaaaaori.

At 2/8/08 4:30 pm, Blogger Tim Selwyn said...

If they had integrity they'd use the Crown's resources available to them to further their own interests. That is what they have done. But as I understand it - that is done without accepting the Crown's assertion of annexation.

As for being "on the take" - that would best be directed to the Crown and the Pakeha who occupy Maori land.

At 2/8/08 5:32 pm, Anonymous Anonymous said...

"If they had integrity they'd use the Crown's resources available to them to further their own interests. "

No Tim you're wrong. You're making this assertion as an excuse for their clearly inconsistent behaviour and it doesn't stand up to scrutiny.

Maybe you should look up what integrity means as it is clearly at odds with the dictionary meaning.

If they want to prance around claiming that they are 'constitutionally independent' as you claim then they should fund their own social welfare system and medical system.

At 2/8/08 7:13 pm, Anonymous Anonymous said...

The real reason Cullen has signed the recent treaty deals is because he knows John Key will win the election and he wants to minimise the funds availible to him.

Surely no one is naive enough to believe all his crap about justice and fairness

At 4/8/08 2:14 pm, Anonymous beepee of auckland said...

How on earth can you have a claim under the Treaty of Waitangi when the tribe didn't even sign it. That just goes to show what a crock of shit the whole thing is. They didn't want to be a part of it until the old smell of money started permeating through the Urewera's.It's almost like "Obtaining money under false pretences"

At 4/8/08 4:19 pm, Anonymous Anonymous said...

What a gutless society we are for tolerating scum like Tame Iti and Te Weeti.

They are getting how many hundred million of our taxpayer dollars and assets?

No wonder theres no money for tax cuts.


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