Tamaki - Mana Whenua

0.0 Mana Whenua

Report on the Tāmaki Makaurau Settlement Process - Waitangi Tribunal (map on left)

Six different groups were adversely affected both by the process and proposed outcome of the Treaty settlement negotiations between
Ngäti Whätua o Öräkei
and
the Crown.

The six claimant groups are:

• Ngāti Te Ata,
• Ngāi Tai ki Tāmaki,
• Te Kawerau a Maki,
• Marutüāhu,[Ngati Maru, Ngati Whanaunga, Ngati Tamatera and Ngati Paoa.NZH]
• Hauraki Mäori Trust Board
• Te Taoü.

The Ngāti Whātua o Öräkei settlement area covers most of metropolitan Auckland, extending from near Dairy Flat in the north, to Piha in the west, and Mangere in the south.
[...]
the tangata whenua groups involved in that debate number about 10: Ngāti Te Ata, Te Kawerau ā Maki, Ngāi Tai ki Tāmaki, Ngāti Paoa, Waiōhua, Marutūāhu/Hauraki Māori Trust Board, Te Akitai, Te Taoū, Ngāti Tamaoho, Ngāti Wai, and Ngāti Whātua o Ōrākei.

So they are in conflict or potential overlap situations with six groups - Mana Whenua groups even if they don't use those words - but who are they not in dispute with over boundaries? Using the list of Iwi that Ngati Whatua o Orakei themselves used in their Auckland Commission submission:

i. Te Uri o Hau [North and East Kaipara]
ii. Ngati Wai [Aotea/Gt Barrier Isl./Nth Rodney]
iii. Ngati Manuhiri [Okura to Bream bay]
iv. Nga Rima o Kaipara [Ngati Whatua's northern roots (incl. Te Taoū?) ]
v. Ngati Rehua [Aotea/Gt Barrier Isl.]
vi. Ngati Wai ki Aotea [Aotea/Gt Barrier Isl.]
vii. Te Kawerau a Maki
viii. Ngati Whatua o Orakei [themselves]
ix. Ngati Paoa [Marutüāhu]
x. Ngati Tama Te Ra [Marutüāhu]
xi. Ngati Maru [Marutüāhu]
xii. Ngati Te Ata
xiii. Ngati Tamaoho
xiv. Te Akitai
xv. Ngai Tai

Oh, that is pretty much everyone isn't it.

Ngati Whatua O Orakei

Royal Commission submission summary:

As an overview we believe that Auckland is more likely to become a successful world class city if Maori (firstly mana whenua, but including non-mana whenua Maori as well) are represented appropriately at both regional and local decision making levels. Ngati Whatua o Orakei's position therefore can be summarized as follows:

• Our existing status and mana must be protected with regard to title and co-management of land returned under the 1991 Orakei Act (i.e. Whenua Rangatira) and those to be returned per our Agreement in Principle with the Crown signed in June 2006 (i.e. Te Pourewa, Maungawhau, Maungakiekie and Puketapapa);

• We do not have a fixed view as to whether to reduce or expand the number of Territorial Local Authorities

• We are firm however on the principle of strengthening the ability of communities at the local level to be involved in the decision making process for their own communities

• We therefore strongly support the establishment of reserving four Maori seats in any future Regional Authority

• We believe there is justification to appoint four seats as follows: Ngati Whatua, Pare Waikato, Pare Hauraki (to provide balance among the Greater Auckland iwi) and Taurahere (urban non mana whenua Maori representative to be nominated or appointed, and we have no firm view as to which process, by the Waipareira Trust and Manukau Urban Maori Authority)

• A 'Mana Whenua' committee should be established consisting of at least the following iwi/hapu interests in the Auckland Region being:
i. Te Uri o Hau
ii. Ngati Wai
iii. Ngati Manuhiri
[etc. - as above]

• This 'Mana Whenua' committee should have the ability to appoint

(a) The three tangata whenua iwi Maori members to the Regional Authority

(b) Be consulted or make the appointment on the nomination by the Waipareira Trust and Manukau Urban Authority of the Taurahere (fourth) Maori Member to the Regional Authority

(c) A single member in each case to all Principal Committees, Advisory Boards, Community Boards and Area Committees of the Regional Authority so that Maori have a voice at that level
[...]
For example the first four iwi/hapu groups listed above have their interests in the northern part of the Auckland Region, the next two are from Great Barrier Island, and so on; and none of the iwi/hapu groups have their rohe extending throughout the entire Auckland Region. In each case the Maori representatives appointed to the local council should be a similar proportion of the total council membership and there should be a right for the mana whenua committee to appoint a single member to each standing committee etc of such a local council.
[...]
Maori representation stems from two sources originating in the Treaty of Waitangi.

Article Two [...] (The Queen of England agrees to protect the chiefs, the subtribes and all of the people of New Zealand in the unqualified exercise of their chieftainship over their lands, villages and all their treasures).

Article Three [...] (For this agreed arrangement therefore concerning the Government of the Queen, the Queen of England will protect all the ordinary people of New Zealand and will give them the same rights and duties of citizenship as the people of England)

Tangata whenua have the rights conferred by both Articles Two and Three and the interaction between the two. Everyone else have Article Three rights. This distinction is often described as the difference between mana whenua and citizenship rights. The representation rights of taurahere stem from Article Three. Both may rely on the general lack of effective representation by Maori on local authorities as both a treaty issue and a general policy need.

What our submission seeks is to balance tangata whenua representation with taurahere representation. It should also be pointed out that the very exercise of Rangatiratanga as protected in Article Two demands of us the exercise of manaakitanga, welcoming and caring for of all taurahere who reside in our rohe, and welcoming all visitors from around the world.

Ngati Paoa

Royal Commission submission summary:

This submission centres on the rights of Ngati Paoa to have participation and decision making at governance level over our traditional, exclusive and shared tribal estate.
[...]
Ngati Paoa key principles in making this submission are to:

• Affirm the status of the Treaty of Waitangi as a constitutional document that entrenches rights of Maori as Tangata Whenua

• Affirm Ngati Paoa mana whenua status within the Auckland Region

• Support a confederation of both southern sector and regional Mana Whenua

• Express a willingness to collaborate with other recognised Mana Whenua in the Auckland Region for the purpose of collective Maori unity

• Ensure the interests of Ngati Paoa are represented in any resulting governance regime to operate in Auckland

• Advocate for the maintenance of obligations and rights secured under current legislation eg The Local Government Act 2002 and The Resource Management Act

• Express a desire to create sustainable and meaningful relationships with Local and Central Government

• Leverage off these relationships to create substantive partnerships that deliver tangible economic benefits for Ngati Paoa

• Endorse protection of land, water and forest based resources not already developed

• Exercise kaitiakitanga over all traditional natural resources

Ngati Paoa aspirations for Shared governance
[...]
Ngati Paoa and Hauraki Iwi are yet to enter into a settlement process, the terms of that redress will include the exercise of Mana Whenua status over exclusive and shared tribal estate.
[...]
Local government have largely ignored Maori desires for meaningful relationships at decision making levels. The democratic system of election disadvantages Maori due the poor voting turnout by Maori therefore Tangata Whenua are not proportionally represented at the highest levels.

Ngati Paoa wish to engage with both the regional and local government at the decision making levels as a partner, we advocate for this relationship to be enabled through legislation that protects our interests as Tangata Whenua and preserves our partnership as of right under Article 3 of the Treaty of Waitangi.

We consider representation on decision making governance structures a Treaty right under Article 2. We also endorse traditional leadership acknowledgement with representation for taura here ward based election system designed by mana whenua

Ngati Paoa support a 2-tier system of governance, one at the Regional level and another at the local level. We advocate for Maori to be represented through a standing committee that sits within the governance structure as well as a Forum that sits outside and autonomous to the governing structure.
[...]
That any new governance framework for Auckland must have at its core an appropriate recognition of the Treaty of Waitangi as a founding constitutional document that affirms the rights of Tangata Whenua as partners.
[...]
That where a new governance structure provides a delegated authority from the Crown (either to a Regional or local authority) there must also be a corresponding duty to protect the interests of Maori to exercise rangatiratanga
[...]
That Ngati Paoa supports a proposition for fewer Local Governments in the Auckland region

That any new boundaries created within the Auckland Region, or any boundary changes to the Auckland region itself must have regard to the boundaries of Ngati Paoa specifically and iwi rohe in general.
[...]
That the current representation of Maori in Local Government is inequitable and disadvantageous to Maori
That the Commission consider guaranteed Maori representation (through constituency seats) on any regional elected entity (such as a Regional Council) based on the Maori population in the Auckland region
That the Commission consider obligatory establishment of a Te Tiriti o Waitangi (Standing) Committee and Mana Whenua Forum for any territorial entities
That Ngati Paoa support the establishment of relationships between Local Government and Taura here eg Te Runanga o Nga Puhi, Ngati Porou etc

Te Kawerau a Maki

Royal Commission submission summary:

Te Kawerau A Maki are an iwi of the Ta A Maki Makaurau (Auckland) district. Te Kawerau A Maki have existed as a distinct tribal entity for over 900 years, when our eponymous ancestor Maki and his people settled Tamaki Makaurau. Through strategic ancestral links, and subsequent intermarriage, Te Kawerau A Maki has genealogical links that extend back to all of the preceding tribal groups that have occupied the Auckland area.
[...]
we have continually lobbied Council regarding a Maori seat in the City. In this regard, Te Kawerau A Maki would encourage the Commissioners to appoint a number of Maori (tangata whenua/mana whenua) seats to the proposed new Auckland governance structure (however that may look like). Furthermore, we recommend one of the Maori seats shall be reserved for Te Kawerau A Maki as a tangata whenua/mana whenua right.

Te Kawerau A Maki believe that where there are issues that impact on our iwi (either Land, Air or Water issues), all decisions that are made and implemented at a regional and/or local level shall be discussed directly with Te Kawerau A Maki.
[...]
Te Kawerau A Maki recommend the Royal Commission take advice from the Waitangi Tribunal Tamaki Makaurau Settlement Process Report 2007 (WAI1362) which outlines, in particular, those iwi groups whom have a mana whenua right in Tamaki Makaurau. Of particular interest to Te Kawerau A Maki is how the Royal Commission shall understand and/or implement the issue of equity and reciprocity in having regard for kaitiakitanga in this review. It is well known by the Te Kawerau A Maki environment team that Auckland Councils place little emphasis on the protection and retention of wahi tapu in Tamaki Makaurau (this has been tested a number of times in the environment court).

Ngai Tai (above image)

Ngati Maru

Royal Commission submission summary:

• Ngati Maru, along with the other iwi of the Marutuahu Confederation (Ngati Paoa, Ngati Whanaunga and Ngati Tamatera) are tangata whenua of Tamaki Makaurau.

• Our rohe - mai Matakana ki Matakana - encompasses (within Auckland Region) the boundaries of six district / city councils and the regional council.

• Ngati Maru Runanga is the duly mandated governance entity representing the people of Ngati Maru.

• We have had many years of adverse experience with the disparate approaches taken by local government within Auckland.

• These experiences range from being treated as 'second class tangata whenua' by Auckland City Council through to full recognition by Auckland Regional Council and everything in between.

Ngati Tamaoho

Royal Commission submission:

• Ngati Tamaoho people have an ancestral affiliation to the Tamaki Makaurau (Auckland) Region.

• It needs to be stated to the Commissioners that we never ever surrendered our rights over our lands, waterways, airways and natural resources these taonga were taken from our people and a lot of our ancestry in terms of historic information erased from records.

• Ngati Tamaoho Trust have made it our business to align with all government agencies particularly Regional City Local Councils the intention obviously ensuring as Tangatawhenua Manawhenua in Tamaki Makaurau we have input on the matters of significance to Ngati Tamaoho people in Tamaki Makaurau.

• Ngati Tamaoho has Working Relationships to a degree with 4 councils Auckland Regional Council, Franklin District Council, Papakura District Council and Manukau City Council as each Council is in our area our of responsibility

• Ngati Tamaoho strongly advocates for Papakura District Council to remain in its capacity to move forward with the full support of Tangatawhenua Manawhenua [...] who come together in a Kaitiaki collective capacity to engage Council at the highest level in terms of significant matters of impotence in our region.

• Ngati Tamaoho would advocate for individual Tangatawhenua Manawhenua representation at the highest level of Council Governance.

• In terms of proposed Auckland governance changes we maintain any forum proposed include individual Manawhenua representation at the highest level with amicable voting rights on significant matterspertaining to the population and economic growth and associated matters with in Auckland that each Manawhenua representative be given equal resourcing to other members designated by council.

Ngati Manuhiri


fragmented or interwoven?

Only a fortnight before the hikoi to put something together.