Sovereignty was never ceded - iwi

Erima Henare. Photo / Glenn Jeffrey

The country's largest tribe, Ngapuhi, says it never gave up sovereignty to the Crown - the idea that its chiefs surrendered their mana to Queen Victoria defies belief, the Waitangi Tribunal was told yesterday.

Northern leader Erima Henare's opening remarks at the inquiry - where the 122,000-strong tribe will advance its belief that sovereignty was never ceded when it signed the treaty - were based on the martial culture of the time.

Mr Henare said chiefs rose to power through merit by proving themselves in war. Every single one present in 1840 at the signing of the Treaty was a battle-hardened warrior.

Each would have been clear that under the treaty - which was explained to them by missionaries - their tino rangatiratanga, chieftainship, was guaranteed to them under article two of the treaty.

"To suggest then, that men from that cultural milieu would, or could, surrender their personal and hapu sovereignty without a fight is again absurd.

"Every rangatira present would have not merely been offended by unjustified suggestions for them to surrender sovereignty, but would have been outraged and would have acted accordingly."

Ejection from the country or worse would have followed, he said. "The fact that Te Tiriti was signed and that the foreigners were not annihilated is the best evidence that no demand to cede sovereignty was made."

Earlier, Crown counsel Andrew Irwin humorously said in te reo that he'd been given some advice just before the hearing. He said, he'd been told: "Andrew do not get shot, return to us."

After the hearing Mr Henare said tribal members were aware that the Waitangi tribunal couldn't scratch constitutional arrangements. "You and I know that the Government is not going to say 'all Pakeha people need to pack up', if the tribunal says what we say is true."

However, as a "truth and reconciliation" body it had the power to make recommendations for future constitutional arrangements.

Mr Henare said he would be seeking a tribunal remedy that would see Maori have a "seat at the table" when new arrangements were made.

Presiding officer Judge Craig Coxhead said 600 claims lodged by groups from the iwi underscored the importance of the exercise.