The Government has now quashed any chance Wairarapa Māori have in accessing the return of the multimillion-dollar Maraetai power station, a move that's being described as a "huge travesty of justice".
This afternoon it finalised the Ngāti Kahungunu ki Wairarapa treaty settlement at Parliament against the wishes of the Wairarapa Moana Incorporation, a group affiliated to the tribe, who have been fighting for the return of the land in Mangakino since 1987.
Wairarapa Moana needed the Government to remove its claim from the settlement before its third reading today or halt the settlement in order for the Waitangi Tribunal to make a final judgement on whether or not the land could be returned.
Neither has occurred, and the settlement's final reading has now been completed, extinguishing the group's last chance at having the land returned.
"To deny us our access to justice is really shameful. It's really a huge travesty of justice," said Wairarapa Moana chairman Kingi Smiler.
"Obviously the Government, for their own selfish reasons, don't wish to take responsibility for our claim, and are passing laws so that they can quash our claim altogether and extinguish it forever."
The Waitangi Tribunal made a preliminary decision in 2020 that the land should be returned to Wairarapa Māori even though it is located outside of their traditional tribal territory.
It also proposed allowing this to occur under resumption, a special power that would compel the Government to return the $600 million site.
Last week, the Supreme Court agreed the land's return was possible, opening the door for Wairarapa Moana to continue its fight.
The Supreme Court's ruling would have been a critical consideration for the Waitangi Tribunal in making its final decision.
"The Supreme Court explicitly said in its ruling it is not moot, that there is a possibility of resumption occurring," said Matanuku Mahuika, counsel for Wairarapa Moana.
"This is a constitutionally significant step for a Government to be taking. It is extremely unusual for any Government to pass legislation to prematurely end litigation."
Treaty Negotiations Minister Andrew Little has defended the decision to push ahead with the settlement, saying the majority of the iwi just wanted the process to be over.
"I have to look at the rights of all parties involved, including the rights of Ngāti Kahungunu, which is a mandated iwi, which has gone out to its people, won a right to represent them, and has reported back to the people, and twice got a vote in proceeding with the settlement."
He said it would have caused further delay had he removed Wairarapa Moana's claim.
"That would require renegotiating the deed of settlement, that would take more time, it would open up more litigation. Ngāti Kahungunu have spoken very clearly they want to move on."
But the minister is being accused of rushing to finalise the treaty settlement to avoid having to front up to the costs of the disputed land, which is worth more than any treaty settlement to date.
"I think it comes down to cost. They're not prepared to pay the price," said Mahuika.
"The Crown has been kicking this particular can down the road for 30 years. Sooner or later it's going to run out of road, and it's going to have to confront this."
The Supreme Court is currently considering whether the assets could be returned but there's fear the settlement will be finalised before it makes a decision. (Source: 1News)
There have been multiple interested parties in the land dispute, including Ngāti Raukawa and Ngāti Tuwharetoa, mana whenua based in and around Mangakino.
But Wairarapa Moana has also had support from Pouakani hapū members, who are also mana whenua.
"That hapū grouping is very supportive of Wairarapa Moana and have supported our claim in the Waitangi Tribunal. They've supported us in the Supreme Court and they've also supported us in select committee. So it's not true to say that the mana whenua are not supportive – the fact is that they are," said Smiler.
The Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua Deed of Settlement includes a Crown apology, $115 million and the vesting of 27 Crown-owned sites to the iwi which includes the return of part of the bed of Lake Wairarapa and surrounding reserves.
SHARE ME