Proposed treaty settlement brings overlapping iwi interests to a head

A Crown decision to include the transferral of six Department of Conservation reserves in a major treaty settlement for one iwi is facing strong opposition from other iwi and hapū who say the deal will “obliterate” their overlapping customary interests to those land reserves.

The six reserves – Mangaone, Panekirikiri, Tutaemaro, Waihi South, Waikareiti and Ruakituri Scenic Reserve – are located around Lake Waikaremoana in Te Urewera.

Ngāti Ruapani mai Waikaremoana signed their deed of settlement with the Crown in February, the final step before the legislation goes through Parliament.

As part of their proposed settlement, the six reserves are set to be transferred to Te Urewera Board, the body that governs, manages and speaks for Te Urewera, a legal entity in its own right. The board is made up of Crown and Tūhoe representatives.

Pieri Munro, chair of post-settlement group for iwi and hapū of Te Wairoa rohe (region), Tātau Tātau Te Wairoa Trust (TToTW), said there was “absolutely” no reason for the Crown to “take that land away from us and give it to another iwi”.

“We have continued to have access, we use those for mahinga kai (food and resource gathering), for hunting, we have access into those six reserve blocks, have done from history right up until now. But the decision by the minister… and by the Crown, is going to obliterate that interest.”

The reserves are currently managed under a shared agreement that includes the Department of Conservation, Ngāti Ruapani and Wairoa iwi and hapū, said Munro.

“If the settlement passes in its current state, then these six reserves will fall under the control and the management of Te Urewera, Te Uru Taumatua, to which our rohe, ngā iwi and hapū of te rohe o Te Wairoa have no seat at the board. That board has a majority held by Ngāi Tūhoe and also a chair in perpetuity with Ngāi Tūhoe. Ruapani has a seat at that table. We do not.”

Munro said they have previously raised the issue with the minister and there has been “constant communications” with both the minister and Ngāti Ruapani.

“Last year, there were at least three letters that went to Minister Goldsmith indicating our objection to this in terms of going under Te Urewera Board and his final one in August of last year indicated that was his final decision.

“This is the second final decision that we’ve had from the Crown. One back in 2018 when it was a full and final settlement, and now they’ve given us another and basically confiscated the land and put it to another iwi.”

Munro said their suggestion to have negotiations continue between them and Ngāti Ruapani over the management and control of the reserves were ignored.

TToTW represents seven kāhui (tribal groupings): Rongomaiwahine, Te Wairoa Tapokorau Whānui, Ngā Tokorima a Hinemanuhiri, Te Hononga o Ngā Awa, Ngāti Rakaipaaka, Te Wairoa Tapokorau Mai Tawhiti, and Te Whakakī Nui ā Rua.

The collective has called for the “immediate removal” of the minister over the matter.

Treaty Negotiations Minister Paul Goldsmith said officials advised that this was the best course.

“It’s not easy. I suppose we’re left with a choice of not resolving things ever – and there are some instances where these overlapping claims have gone on for over a decade and we still haven’t reached a resolution – so at some point the Crown has to make a decision and recognising that one side is not gonna be happy and the other side will be.

“So, ultimately, you go through as much consultation as you can and then, in this case, officials advised that this was the best course and I went with that.”

He said it was “very important” to Ngāti Ruapani to have it as part of their settlement and it links in with the existing arrangement that the Crown has with Te Urewera.

“Ultimately, of course, as an outcome of all this, all New Zealanders will still continue to have access to these parts,” said Goldsmith.

Kara Puketapu-Dentice, chair of Ngāti Ruapani mai Waikaremoana, said in a statement to 1News that Wairoa iwi are long-settled iwi who had the opportunity to pursue any rightful claim to the areas in question.

“As required by the settlement process, Ngāti Ruapani mai Waikaremoana engaged directly with Tātau Tātau o Te Wairoa and all neighbouring iwi, including hui in Pōneke, Wairoa, and at our marae in Waikaremoana. We acknowledged whakapapa connections to our rohe and welcomed whānau from Wairoa to participate in caring for this whenua as members of our hapū, in accordance with our tikanga and under the guidance of ahi kā (a cultural concept of continuous occupation).

“We are disappointed that engagement undertaken in good faith is now being misrepresented in an attempt to achieve through our settlement what was not achieved through their own. The hapū of Waikaremoana has maintained ahi kā on this whenua for generations, that will not be undermined by those who had their own path and chose not to walk it."

Cordry Huata, a member of TToTW’s kaumātua kaunihera (council), said they did not want to fight with their whanaunga (relations).

“For me, I am Tūhoe, I am Ruapani, I am Kahungunu, and most of us are in that same boat, and we recognise what's our Kahungunu position, we recognise what's our Tūhoe position, and we don't want to be divided, but this is just another way that kāwanatanga takahia (government tramples) over our āhuatanga (ways), and it's almost pitting us against each other.”

Munro said they did not object to Ngāti Ruapani settling their claims.

“We do not stand in the way of Ngāti Ruapani’s requirement and need to settle, we support that. What we object to is these six DOC reserves – of which we have overlapping interests – being taken away from us and given to another iwi.”

The deadline for public submissions on the legislation ends tonight at midnight.