The State of Maori Rights by Mutu, Margaret -- Read -- Imperial Library of Trantor

Index

Front Cover Title Page Contents List of Abbreviations Chapter 1: Introduction

Issues and events as viewed through Māori eyes Approach based on He Whakaputanga and Te Tiriti The underlying problem of racism in New Zealand Reoccurring issues and themes

The Waitangi Tribunal The fiscal envelope – side-stepping the Tribunal to extinguish Treaty claims The fisheries allocation debacle Racism and Pākehā media International criticism of government treatment of Māori Loss of key leaders Bright spots

Added references Acknowledgements

Chapter 2: 1994–95 – The Year of the Fiscal Envelope

Sealord deal controversy – settling fisheries claims by removing rights Māori electoral option – government reluctance to ensure Māori participation The fiscal envelope debacle – unilaterally determined government policy on extinguishing Māori Treaty of Waitangi claims and rights Māori reaction to the fiscal envelope – initial silence at the magnitude of the insult followed by firm, repeated and unanimous rejection Waikato-Tainui Settlement – Crown-determined and a dangerous precedent Attempts to repeat Waikato-Tainui in Te Hiku o te Ika create uproar A bright spot – Whale Watch Kaikoura wins international acclaim

Chapter 3: 1995–96

The Taranaki Report – laying bare 155 years of Crown atrocities The Hīrangi hui – strategising for constitutional change through decolonisation and scrutinising Māori leadership qualities Challenges to Crown-appointed Māori leaders Nelson Mandela visits and criticises the government’s racist attitude Arson at Takahue … And at Taumaranui Minister of Conservation steps in on Whanganui problems Ngāi Tahu claims settlement negotiations recommence in the face of damaging litigation Negotiations abandoned in Te Hiku o te Ika

Chapter 4: 1996–97

Māori success in the first MMP election … … Encourages racist backlash Māori MPs as fodder for racism in the media and the House Attacks on the pilot Aotearoa Television Network and Tuku Morgan And what of the media coverage of scandals in high places in the Pākehā community? Some victories in the courts and the Waitangi Tribunal The Muriwhenua Land Report breaks new ground by considering Māori understandings of land transactions A bright spot – Philip Tataurangi wins the Australian PGA Championship

Chapter 5: 1997–98

Great sadness at the passing of leaders

Sir Hepi Te Heuheu Tuaiwa (Eva) Rickard Matiu Rata

Fisheries allocation has now been in the courts for five years Treaty land claims settlements – Whakatōhea fails, Ngāi Tahu reaches agreement Customary fisheries negotiations fail

Chapter 6: 1998–99

Collapse of National-New Zealand First coalition weakens Māori input into government The Hīkoi of Hope – a huge protest march against poverty Politicians bicker after floods ravage impoverished Māori communities The Waitangi Tribunal defies the government and …

1) … Uses its powers to make binding recommendations 2) … Finds that Māori own rivers 3) … Condemns the Crown for denying Māori access to the radio spectrum

Tainui successfully injuncts the Crown over Electrocorp And the fisheries allocation debacle continues …

Chapter 7: 1999–2000

Māori return to Labour – for now … Dover Samuels, Minister of Māori Affairs for a short six months Can the PM’s Cabinet Committee on Closing the Gaps really bring government departments to account for Māori deprivation and poverty? PM’s choice for Hauraki electorate easy target for right-wing ACT Party Rest of the Māori in Parliament keep their heads down Police shoot young Māori student – was it racially motivated? A new Treaty Minister, a slightly different approach – but no real change Ngāi Tahu settlement seems OK Tainui – not so good And the fisheries allocation debacle grinds on … As does the radio spectrum row … At long last, a constitutional debate opens – only to be closed down immediately

Chapter 8: 2000–01

Postcolonial Traumatic Stress Disorder, Māori poverty and violent offending … And the Prime Minister bans the H-word – Holocaust … … So other Māori MPs duck for cover – except for Dover and Sandra … … But the government still abandons the ‘Closing the Gaps’ policy Prime Minister under fire from Māori Lack of governance and administrative expertise causing concern but no media scrutiny … … Except for Tainui Sir Robert Mahuta Much more respectful coverage of Pākehā commercial disasters Successful Māori settlements overlooked by the media Treaty of Waitangi Fisheries Commission commercially successful but the fisheries allocation debacle continues … Waitangi Tribunal celebrates its twenty-fifth birthday but still struggles with government indifference to its funding, findings and recommendations Settlements

Pākaitore Pouakani, Ngāti Ruanui, Te Uri o Hau

Māori opposition to genetic engineering A breakthrough in local government – Māori representation on Bay of Plenty Regional Council

Chapter 9: 2001–02

Supporting Māori sovereignty is politically unsafe Local councils, not Māori, left to decide if Māori representation allowed Māori views on Māori sovereignty … in the New Zealand Herald! Mainstream media Māori bashing So why is the Treaty claims settlement process so chronically slow? Kidnapping of baby Kahurautete Durie World Trade Center bombing – Māori perspectives New Zealand Herald turns its sights on Māori Television Tariana Turia not afraid to take on mainstream media Te Tangata Whai Rawa o Wēneti: The Māori Merchant of Venice, a stunning performance MAI FM tops the ratings Prime Minister apologises to Chinese and to Samoans – but not to Māori And there’s heaps to apologise for Attacks on Māori make MPs of Māori descent reluctant to publicly support their own July general election sees a record twenty MPs of Māori descent in Parliament

Chapter 10: 2002–03 – The Year the Crown Declared War over the Foreshore and Seabed

Record number of Māori MPs but only two in cabinet … … And only two outspoken in their support of Māori National Party attacking Māori from every possible angle Māori objections to replacement of Privy Council ignored Media attacks on Māori Television finally halted Bullyboy tactics employed in the continuing fisheries allocation debacle Local Government Act stripped of the ability to ensure Māori participation Mainstream media discrimination against Māori MPs continues New Zealand Herald columnist attacks mainstream media Māori bashing Whale Rider attracts critical acclaim Two Treaty settlements this year Government angry at Tribunal for its findings in favour of Māori for petroleum … … And the Court of Appeal for doing the same for the foreshore and seabed … … So Crown proposes confiscation of Māori land in the foreshore and seabed on a massive scale Government clashes with Māori over aquaculture

Chapter 11: 2003–04 – The Year of the Battle for the Foreshore and Seabed

Māori react very strongly to government announcement of proposed confiscation of foreshore and seabed Māori opposition highly organised – government steps up anti-Māori propaganda campaign – Tariana Turia resigns Government refuses to listen to Māori and continues pushing through legislation Court of Appeal’s decision in Malborough case upholds Māori rights Foreshore and seabed legislation removes Māori rights while preserving non-Māori rights – a declaration of war Reality of Māori marginalisation – Māori MPs bow to Labour pressure and betray their constituents Pākehā racism unashamedly displayed National Party leader exploits racism – Brash’s Ōrewa speech National Party Māori bashing gives government excuse to cut funding for Māori programmes Māori Television, now finally launched, helps in the battle against foreshore and seabed legislation A national Māori collective to fight the foreshore and seabed legislation – Te Ope Mana a Tai Waitangi Tribunal upholds country-wide claims against foreshore and seabed policy … … And the government ignores the Tribunal, yet again … … And the Prime Minister breaks even more fundamental constitutional rules and attacks a Māori judge Last resort: a 50,000-strong protest march – the Hīkoi Prime Minister calls marchers ‘haters and wreckers’ and says she prefers the company of sheep

Chapter 12: 2004–06

Legislative confiscation of the foreshore and seabed continues to gnaw at Māori and the country Attorney-General admits Foreshore and Seabed Act discriminates against Māori but … United Nations CERD criticises Foreshore and Seabed Act Damning Report of United Nations Special Rapporteur a wake-up call for New Zealand government

On the Foreshore and Seabed Act On constitutional issues On human rights and the Waitangi Tribunal On Treaty settlements On education On culture On social policy On international indigenous rights On civil society

Māori welcome report as blueprint for reinstating Māori rights – government condemns it then ignores it On the existence of so-called Māori privilege – ‘he had not been presented with any evidence to that effect’ Māori tertiary education institutions under attack – for being too successful Looking for the bright spots – the Māori Party Māori Party wipes out the Māori MP stereotype Michael Campbell, Ngāti Ruanui and Ngā Rauru – golf champion extraordinaire Robert Hewitt – miraculous survival with the help of his ancestors Peter Loughlin, Ngāti Tūwharetoa – fashion designer par excellence

Chapter 13: 2006–07

More great sadness at passing of leaders

Dame Te Ātairangikaahu Emeritus Professor Sir Hugh Kāwharu Don Selwyn

Māori-government tensions persist; Māori protest continues but with more effective support Treaty of Waitangi claims ongoing source of tension The loathed fiscal envelope settlement policy remains to extinguish Māori Treaty claims Yet settlements are proceeding nevertheless

Ngāti Mutunga Settlement Act Te Rōroa Claims Settlement Bill Ngāti Whātua ki Ōrākei Agreement in Principle Te Arawa Lakes Settlement Act

Central North Island forest settlements run into major problems as the Crown makes itself a beneficiary of the settlement Ngāti Kahu gives up on the settlement process and repossesses its lands

Chapter 14: 2007–08 – The Year of Contrasts: Terror Raids and a Courageous New Treaty Settlements Minister

Terror raids on Tūhoe Raids a chilling reminder of previous government invasions of Tūhoe Raids a disguise for a fishing expedition? Prime Minister and Commissioner of Police violate rules of sub judice; Solicitor-General refuses to allow prosecution for terrorism; evidence leaked to unscrupulous media Māori Party comes to defence of Tūhoe; UN asks for an explanation New Zealand votes against the Declaration on the Rights of Indigenous Peoples Waitangi Tribunal criticises government Treaty settlement policy – yet again Deputy Prime Minister and Minister of Finance becomes Treaty settlements Minister Mauao returned to its rightful owners – but not really Government abandons its settlement policy to reach agreement on settling Ngāti Kahu’s claims Loss of several Māori icons

Syd Jackson Archbishop Whakahuihui Vercoe Hone Tūwhare Barry Barclay

Commemorations for thirty-year anniversaries of Raglan and Takaparawhau Commemorations at Waitangi peaceful yet again Victoria Cross awarded to Corporal Willie Apiata

Chapter 15: 2008–09 – A Year of More Good News than Bad

Māori Party wins five seats and receives mandate to become part of the government Agreement between Māori Party and National covers major issues for Māori Two Māori Party ministers Prime Minister agrees to Māori flag but not to Māori seats on Auckland super city Treaty claims settlements proceed apace …

Taranaki Whānui ki Te Upoko o Te Ika Deed of Settlement Ātihau-Whanganui Incorporation Agreement Waikato River Deed of Settlement Ngāti Kahu Agreement in Principle Hauraki and South Island Commercial Aquaculture Settlement Ngāti Porou Agreement

Reminder for the Prime Minister that settlements still unjust and unfair

Appendix 1: The Declaration of Independence 1835 Appendix 2: The Treaty of Waitangi 1840 Glossary References Index Copyright Back Cover

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