Challenge to treaty talks

CLAIM DISPUTE: Claim Wai 532 has been included in the Treaty of Waitangi claim without Timi Paraone consent, says the family’s representative Greg McDonald.

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A possible challenge involving a Rodney east coast Treaty of Waitangi claim threatens Ngati Manuhiri negotiations.

One of the families the Manuhiri Omaha Kaitiakitanga Ora ‘MOKO’ Trust represents is considering challenging the trust’s right to negotiate for them. If the challenge is successful they say it could derail the negotiation process.

Agreements in principle on treaty settlement claims involving Ngati Whatua o Kaipara and Ngati Manuhiri were signed on December 22, with the intention of hammering out settlement packages for each of the two groups, with the MOKO Trust negotiating for Ngati Manuhiri.

But Greg McDonald, representing the Timi Paraone family, is challenging the mandate that gives the MOKO Trust the right to negotiate a settlement of all Ngati Manuhiri claims.

Six main families make up Ngati Manuhiri, and three of those have no representation on the MOKO Trust, says Mr McDonald.

While the MOKO Trust views all of Ngati Manuhiri as belonging to northern Ngatiwai, research has shown the Timi Paraone family is of the Te Kawerau iwi, making it inappropriate for members of Ngatiwai to be negotiating on the family’s behalf, says Mr McDonald.

Representation is also an issue, he says, because Timi Paraone has a claim they are pursuing independently which has now been included in the overall settlement being negotiated by the MOKO Trust.

"Claim Wai 532 has been included without our consent," says Mr McDonald.

"The Office of Treaty Settlement process is a shortcut for settlement and our interests would be better served by going down the Waitangi Tribunal hearing process instead," he says.

"The Crown has been pushing the OTS process, which would see settlement in around 12 months, ahead of the hearing process which could take five or more years but which is more comprehensive.

"In this instance it would also be more inclusive of the entire hapu."

Mr McDonald says hearings would allow the history of the area and the claimants’ grievances to be made more public.

Claim Wai 532 includes other reparations excluded from the agreements in principle, such as conditions and royalties around sand-mining off the Pakiri shore.

Aside from the issue of representation in negotiations with the Crown, Mr McDonald is concerned the trust involvement may progress into permanent management of any settlement assets.

This would see financial benefits going to Ngatiwai rather than Ngati Manuhiri Te Kawarau hapu of Omaha Marae, he says.

- © Fairfax NZ News