Ka Whawhai Tonu Matou: The Foreshore and Seabed

July 1, 2014

One of the many things I love about Ranginui Walker is that the title of his seminal text on Māori development perfectly encapsulates the spirit of Māori throughout Aotearoa / New Zealand.  Ka Whawhai Tonu Matou – A Struggle Without End.  To Māori this is a call to arms, a rallying cry that we will not accept discrimination, racism, and the continued denial of our tino rangatiratanga.

Nowhere has the spirit of Ka Whawhai Tonu Matou been more prevalent over the past decade than in the ongoing debate over the ownership of the foreshore and seabed.  From Ngāti Apa, to the Foreshore and Seabed Act, to the Takutai Moana Act, Māori have continued to assert their ownership rights over the foreshore and seabed.  It has led to the formation of not one, but two new political movements; brought together the Business Roundtable and the Green Party; and seen a National Party demonstrate more (even if only marginally) respect for Māori rights than Labour.

While each piece of legislation was designed to be a lasting solution to the proclaimed uncertainty of the Ngāti Apa decision (a decision which was in fact clear, concise, and narrow in its scope and application), this issue is far from closed.  Speaking in Whangarei last week, Labour party leader David Cunliffe stated that Labour were open to taking a fresh look at the foreshore and seabed legislation if it were elected into Government following the September General Election.

Mr Cunliffe told about 45 people at a kuia and kaumatua hui at Te Renga Paraoa Marae in Whangarei he thought Labour would today admit it was wrong with its foreshore and seabed laws denying court challenges and as the party came back into power it would take a fresh look at the issue.

Hardly encouraging words of course – the current Act already allows for Māori to test their claims for title in the Courts – and there was no concrete commitment to a review, amendment, or repeal of the current legislation.  What it does represent for the parties advocating for Māori rights is an opportunity to test the waters and push for either an improved piece of legislation, or even a complete repeal.  For Labour, it represents an opportunity to atone for one of the largest confiscations of Māori land since the signing of Te Tiriti o Waitangi in 1840.

In fact, the only real impediment to full recognition of Māori rights in the foreshore and seabed is the Labour party.  We know the outcome that both the Māori and Mana parties would prefer, and the Greens have been consistent in their call for the respect and recognition of customary rights.  Even ACT once held a principled position when it argued for the protection of property rights – who ever those rights belonged to.  Will David Cunliffe back his words that Labour “would today admit it was wrong” and take a fresh look at the foreshore and seabed or was it nothing more than telling the base what it wants to hear? What does taking a fresh look mean? Should we expect a coherent and principled policy statement prior to the election or are we going to have to live in hope that a throwaway line at a sparsely attended hui in Whangarei will turn into concrete action?

I’ll even make it easy for them and set out the principles on which we should build a workable regime to manage the foreshore and seabed:

  • A legislative apology for the confiscation of the foreshore and seabed in the Foreshore and Seabed Act;
  • The establishment of a special unit of the Māori Land Court to determine the original owners of foreshore and seabed land not currently in private ownership, and to grant title to a representative body of that whānau, hapū, or iwi;
  • The grant of title to be based solely on the basis of authority and control in the period leading up to 1840;
  • The power to prevent new commercial activity from occurring in the foreshore and seabed – including commercial activities pertaining to Crown minerals;
  • The power to impose a rahui over the area (preferably on confirmation by the Māori Land Court); and
  • Recognition of the rights of recreational activities (including swimming, water sports, and fishing) in the foreshore and seabed, alongside the right of free passage for ships.

This may be nothing more than a wish and a prayer, especially with current polls indicating a third term for the National Government.  For now we may have to live with incremental change – and accept that sometimes the realities of politics means that it is better to take a bad deal than to be forced to live with a terrible deal.

But our struggle does not end.

Tales From The Road: Ngāti Awa

June 10, 2014

I am halfway into a 5 month secondment with Te Runanga o Ngāti Awa down in Whakatane and it is turning into one of the most rewarding experiences of my life.  I have long worked with Hapu and Iwi groups but this is the first time that I have worked in an Iwi organisation.   There is a really positive vibe around this organisation which, after some rocky years, is back making profits and making a real difference in the local community.  No where better is this illustrated than its inclusion as one of the finalists in this years Ahuwhenua Trophy.


The rather spectacular view from a Ngati Awa pa site

Last week I was given a tour around some of the historical sites around Whakatane, as well as looking at the farming and conservation activities going on on one of their farming blocks.  The knowledge of the people in this organisation is immense, and the conservation efforts are outstanding.  Wetlands are going in, flood protections works have been put in place, and a large scale native planting programme is under way.  Along the way, Ngati Awa has developed a good working relationship with the local and regional council (both located in Whakatane) and there have been several environmental projects undertaken as a partnership between all three bodies.

It is easy to criticise Iwi, but take a closer look under the surface and you will find a group of Maori who are committed to improving the lives of their whanaunga.  An Iwi is a collection of people and that is at the heart of every single iwi and hapu group I have worked with across the country.  Too often we forget that.  Yes, this is a corporate environment, but that does not mean it cannot be a kaupapa Maori environment.  Tikanga is a practice.  It is what we do each and every day.  Our walls and our institutions may be of a European origin – but that does not mean our daily practice has to be.

Monday Quote: Wiremu Kīngi Te Rangitāke

June 9, 2014

Wiremu Kīngi was the paramount Chief of Te Ātiawa in the mid 1800’s, and a signatory to Te Tiriti o Waitangi in 1840.  Following the purported purchase of Waitara by the Colonial Government in 1859, he sent a clear message to Governor Gore Browne that Waitara was not for sale:

E kore au e whakaae kia hokona a Waitara… kei roto a Waitara i te kapu o tōku ringa, kore mō te tuku. Kore, kore, kore rawa mō te tuku

I will not permit the sale of Waitara … Waitara is in my hands, I will not give it up; I will not, I will not, I will not

Following the initial war in Taranaki, the purchase of Waitara was cancelled by the Colonial Government.  However, a further outbreak of war in 1863 lead to the wide scale confiscation of Taranaki from the constituent Iwi and Hapū, and the loss of Waitara.  Now it seems we might never get our ancestral homeland back.

Disappointment and Disillusionment: The Te Atiawa Settlement

June 6, 2014

Last week I wrote in full support of the recently agreed Te Atiawa settlement with the Crown – writing based on the belief that the land at the heart of our claim – the Pekapeka block in Waitara – would be returned to our iwi.  That is why yesterday’s initialing of the Deed of Settlement in Wellington should have been a joyous occasion for our iwi.   Yet, in a few short hours that sense of relief that the long road to settlement was finally over was replaced by a bitter sense of disappointment and disillusionment with our leaders.  In all their infinite wisdom they had elected not to take up the Crown, and New Plymouth District Council’s offer of including the Pekapeka lands in the final settlement.

It is beyond comprehension.  The taking of this land led to the outbreak of the Land Wars, and forced Te Atiawa into a nomadic existence for decades.  The chance to finally regain control of a part of our ancestral land at Waitara is an opportunity that should have been the bottom line of any settlement discussions – not something to throw out the window when the cash came calling.

Yes, this could all be part of an ingenious strategy to purchase the land from the Council at a reduced rate through private sale but this option is fraught with dangers.  Waitara is worth too much to gamble on.

We have been down this path before, 15 years on from our first failed settlement it is likely we will once again fail to come up with a settlement that meets the wishes and needs of Te Atiawa.  This time, it is all our own fault.

Deconstructing the Lack of Capability Myth

June 5, 2014

From Te Manu Korihi:

Chris Karamea Insley of iwi development company 37 Degrees South said the review would tidy up the structures and laws but it would not drive the development of Maori land.

He said the Maori trusts and incorporations which hold large scale assets didn’t have the capability, staffing or technical expertise to get the job done.

Mr Insley said while the review was helpful, it wouldn’t address the capability problems within trust and corporations and therefore was not a solution.

The review of Te Ture Whenua Māori 1993 is gathering pace, and it is encouraging that an important piece of the Māori economic development framework is being reworked to reflect 21 years of knowledge and experience that we have gained from operating our commercial affairs under predominately Western structures.  Yet, as the above quotation recognises, simply reviewing the legislation governing the administration of Māori land is not going to be a complete solution to the problems faced by Māori who seek to develop their land.  Te Ture Whenua Māori was never designed to solve any capability problem within Māori organisations.  It is only part of the Māori economic development framework.  An integral part all the same.

The point I want to touch on today is the idea that there is a capability problem holding back Māori organisations.  To put it briefly, and to put it bluntly – there is no capability problem within Te Ao Māori.  I am proud to be part of a highly-skilled, highly-motivated, generation of Māori.  Māori with the capability to drive our continued development.  Look inside any major corporation, industry, political movement, and iwi organisation and you will find young Māori making their mark.  And there are more and more coming out of our Universities and our Wananga each and every year.

There is no capability problems – only a mindset problem.  The mindset that says that Rangatahi Māori have to wait their turn.  The mindset that says that Kaumatua are the best people to sit on commercial boards.  The mindset that there is simply not enough talented, knowledgable, and experienced Māori to do the job correctly.  There are a multitude of issues holding back Māori land development, lack of capability is not one of them.

Wednesday Update: Welcome Back!

May 28, 2014

As you can see I have started to be more active on Ka Tōnuitanga over the past few weeks.  To say that this year has been busy would be an understatement so it has taken awhile for me to get the writing energy flowing again.  I have the ambitious aim of writing a new article every day using the following format:

Monday Quotes: In which I seek to draw inspiration from the words of our great leaders and philosophers.

Tuesday Policy: An in-depth look at an issue of public and or economic policy.

Wednesday Update: A weekly run-down of news in my life and in the life of Ka Tōnuitanga.

Thursday Development: A weekly look at issues of Māori development.

Friday Politics: A look back at the week in Māori politics.

Weekly Update

A lot has happened over the past 6 months and 2014 is shaping up to be an amazing year.  I have gone live with my Māori Business Development Programme to supplement the work I am currently involved in at Deloitte New Zealand.  In my professional life I deal with established SME’s Māori Businesses, and Iwi Organisations on a day-to-day basis – assisting them with their overall business strategy, systems design, and accounting  and taxation needs.  As a firm believer in the potential of Māori, and with a strong desire to use my talents to help drive Māori entrepreneurs and Māori business, I have developed a programme to assist Māori start-up, or grow a new, business.  By coming it at the ground floor, I aim to help those with an entrepreneurial spirit take their business idea and turn it into a viable business.

I am also able to make two big announcements today.  First, I have recently been promoted within Deloitte to the role of Senior Consultant.  Since making the shift to business advisory from law a little over a year ago I have learned an incredible amount about business strategy and accounting & taxation issues.  It has been an amazing experience and I was delighted to be promoted. And even more so to be promoted alongside a number of other very talented Māori business advisors.  We are truly building a great Māori Business Advisory Team!

And finally, I have made the decision to return to University to complete my LLM next year.  This has not been an easy decision to make, but following the passing of my supervisor, Dr Nin Tomas, back in February, I am driven to finish the important work that we started several years ago.  Keep an eye out for updates on my progress over the next 18 months.

Tuesday Policy: Building an Inclusive Society

May 27, 2014

This is a post that I initially wrote a few years ago.  As part of a renewed writing effort, I will be updating some of my favourite articles from the past three years of writing on this site.  Enjoy!

Nothing is more divisive in Aotearoa / New Zealand than Te Tiriti o Waitangi and the place of Māori within our society.  It is an issue I have previously addressed in my short essay on the concept of race and nationality.   As I renew my focus on Ka Tōnuitanga, I want to delve a bit deeper into some broader areas of public policy that are important to the future of Aotearoa/New Zealand.  Today, I begin by looking at how we can go about reconciling the need to resolve the historical grievances of the past with the task at hand of building an inclusive society.

The Issue

With an election looming large we can expect to see a renewed national focus on the state of race relations in New Zealand which feeds into the ongoing debate about the place of Te Tiriti o Waitangi in contemporary New Zealand.  Most readers will know how it is we came to be where we are today so my intention is not to rehash the events at Waitangi in 1840 and the subsequent revolution which rendered Māori rights under Te Tiriti effectively null in the eyes of the Settler Government.

However, 174 years later, New Zealand would be unrecognisable to those Rangatira who signed Te Tiriti. No longer the dominant people, Māori watched and wept as boatloads of settlers from Europe arrived on our shores and proceeded to overwhelm the indigenous population and suppress their rights.  Today, dozens upon dozens of diverse ethnic groups call New Zealand home, many of them with long ties to the land.  Further still, many Pākehā are recent immigrants to New Zealand with either them or their whānau moving here long after the most heinous of Government action against Māori had come and gone.

The issue we face today is thus: How do we reconcile the genuine Māori grievances of the past while building an inclusive society into the future? To what extent (if any) are Pākehā, especially recent arrivals, responsible for the actions of the British colonisers in the 1800s? And how do we, as a nation, balance the often competing rights and interests of Māori and Pākehā?

The Framework

In analysing the issues I suggest the following tripartite analysis of the issue as defined above.  The first part is an ex post analysis of the best approach to take in order to resolve the grievances of the past.  The second part is an ex ante analysis of the best approach to take us into the future. The third, and final, part is to consider the issue from behind the veil of ignorance and ask what is the best way to build an inclusive society according to the Ka Tōnuitanga kaupapa with the assumption that in this new society I could either be Māori or Pākehā.

The ex post Analysis

In considering the best approach to resolve the grievances of the past, my initial thoughts are that the system we have in place is proving to be rather effective at the macro level.  The Waitangi Tribunal and Settlement Negotiation process allows for hapū and iwi to have their historical grievances addressed and reparation made.  Yes, there are flaws in the system, and there may be better ways of doing things. But, positively, there are a large number of people working to ensure that these processes work.  Nothing will ever fully compensate Māori for what has been taken from us, and you cannot reverse 150 years of economic deprivation in a few decades.  However, the settlements that have been reached to date have allowed those hapū and iwi to heal, and build a strong relationship with the Government. From a Kaupapa Māori perspective, the process conforms with the idea of utu (redress, restoration, and rebalancing) and seeks to restore the mana of the Government and the Hapū or Iwi.

The ex ante Analysis

This is where things starts to get complicated: What approach will provide the best outcomes in the future? And to be honest, I am not entirely sure.  I would like to see Te Tiriti officially incorporated as a founding/constitutional document of New Zealand, potentially alongside the Bill of Rights Act 1990.  The property rights guarantee in Article 2 needs to be recognised in legislation and the land and resources remaining in Māori ownership should be free from interference from the Government.  Legislative provisions ensuring that the Government acts in accordance with the principles of The Treaty of Waitangi provide adequate protection of Māori rights guaranteed under Te Tiriti, although to some this is affording special treatment to Māori and should not be allowed.  I do not disagree that such clauses do provide special recognition of Māori rights and interests. However, I am a firm believer that such special recognition is justified by Article 2 of Te Tiriti.

What I am sure of is that there is currently a huge disconnect between Māori and Pākehā on issues of Te Tiriti and Māori rights.  The future of New Zealand depends on a strong relationship not only between Māori and Pākehā, but also between all the diverse groups of people who call New Zealand home.

From Behind the Veil of Ignorance

Consider yourself as a child who is about to be born in New Zealand.  You, and you alone, have been given the responsibility for designing what New Zealand would look like: issues such as the recognition and statutory incorporation of Te Tiriti o Waitangi, the position of Māori and other minority groups within our representative system, and the manner in which democracy is conducted in a colonised nation.  The only catch is this: you do not know whether you will be born as a Māori or as a Pākehā.

In such a situation, you would want to design a society which upholds the importance of democracy, equality and the rule of law; while at the same time recognising Te Tiriti o Waitangi as the founding constitutional document of New Zealand with tangible rights and obligations.   When you realise that who you are, where you are born, and what ethnicity you are is entirely a matter of chance you will begin to see the world in an entirely different light.

Next Step

How would you approach the above tripartite analysis?  Let me know in the comments below.  I want to know how you would respond to the three questions as posed as we work together to build an inclusive, forward-looking society.


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