Residents of Motiti Island who claim they are the tangata whenua of the island have had their claim dismissed by the Waitangi Tribunal. Photo / NZME
Residents of Motiti Island who claim they are the tangata whenua of the island have had their claim dismissed by the Waitangi Tribunal. Photo / NZME
A group of residents from a Bay of Plenty island who claim they are the tangata whenua of the land have had their Waitangi Tribunal challenge dismissed.
The Tribunal today released its report into the tribal status of Motiti Island, including which groups lay claim to the area.
The off-the-grid island, which sits about 20km off the coast of Tauranga, is home to around 40 people. It doesn't fall under any territorial authority, meaning residents don't pay rates and operate their own limited infrastructure.
Seven years ago, a "kinship review" was undertaken by the Crown to determine which tribe laid claim to the island, also assessing the claim that Motiti tangata whenua were a distinct group.
That report determined Māori residing on Motiti could not be considered their own group, instead finding that Te Patuwai and Te Whānau a Tauwhao were the tangata whenua of Motiti, and that Te Patuwai affiliate to Ngāti Awa.
However, a number of Motiti residents disagreed with this determination, challenging the kinship review at the Waitangi Tribunal.
The group's central allegation was the Crown breached its treaty obligations by failing to recognise the distinct group, thereby removing the ability for Motiti residents to negotiate their own treaty settlement.
The island is home to around 40 permanent residents, all of whom do not pay rates. The Minister of Local Government acts as a de-factor 'mayor' of the island. Photo / NZME
But in considering the claim, the Tribunal found the Crown properly informed itself of the identity of Motiti tangata whenua through its kinship review.
The Crown correctly assessed the claimants' settlement status, namely, that they were covered by the Ngāi Awa settlement, the tribunal found.
However, the tribunal did criticise the Crown's approach towards the kinship issue, saying the initial approach was not "sufficiently culturally appropriate".
The Crown did not engage with affected groups at the outset, did not involve them in the process's initial design, and failed to engage in a tikanga-based process to resolve the questions the review sought to answer, the tribunal said.
Despite the process's flaws, the tribunal found the Crown acted appropriately overall.
"It took corrective action during the process to make it more inclusive, including prioritising the need for discussion between all groups, and conducted the review in a large open and transparent way."
As part of the tribunal process, the Crown requested the tribunal provide advice on further engagement with tangata whenua of the island.
The tribunal suggested that, on all issues, the Crown should first engage with the Te Patuwai Tribal Committee to receive direction on which entities it should talk to, including marae, hapū, or iwi. The committee would connect the Crown with the relevant representatives as appropriate.
