Harawira questions tribunal's right to hear Ngapuhi claims

The Waitangi Tribunal hearing is being heard at Te Tii Marae. File photo / Northern Advocate

Ngapuhi leader Titewhai Harawira questioned the Waitangi Tribunal's right to assess her iwi's claims when the tribunal opened its hearing at Te Tii Marae this morning.

Mrs Harawira was one of the speakers to open the inquiry for New Zealand's largest iwi, which says it never ceded sovereignty when chiefs signed the Treaty of Waitangi in 1840.

Mrs Harawira, who also spoke on behalf of Sir Graham Latimer, criticised the tribunal as a "creature" of the Government.

The tribunal was inconsistent with the Treaty and the 1835 Declaration if Independence which expressed the chiefs' rangatiratanga, she said.

Mrs Harawira said it was important then that Te Runanga a Iwi o Ngapuhi negotiate a settlement with the Crown as it was the only body "capable of representing the aspirations of the Ngapuhi nation".

It was a politically sensitive subject as the Crown has not yet confirmed a mandated body it will negotiate with.

The move could be seen as an attempt to sway Ngapuhi people as the Treaty settlement process is an entirely different one from the Waitangi Tribunal's enquiry into historical injustices.

Mrs Harawira was challenged by a member of the crowd. As soon as she finished her speech, a man stood and said in Maori: Individual hapu have signed the treaty, not the Runanga.

He was supported by kaumatua Kingi Taurua who was annoyed the forum had been used for purposes other than Ngapuhi explaining their constitutional case.

Switching between Te Reo Maori and English, he said Maori often became angry when the Crown did not honour the Treaty.

"We get angry at the Government but for us, we have no trouble trampling on the treaty. Let us return to The Treaty of Waitangi, let us stop trampling the treaty,"

However, Mr Taurua himself took a shot at the Runanga and said each hapu should negotiate themselves with the Crown.

Lightening the mood, he joked: "Hapu own the land, who is this guy called Runanga?"

He said he wanted a $170 million settlement for himself.

"And I'm not going to share it with anyone," he joked.

The judge leading the inquiry earlier said it would be unlike anything the tribunal had undertaken before.

Presiding officer Judge Craig Coxhead told hundreds of iwi members that the constitutional issues would be hugely challenging and it was fitting they were answered at the birthplace of the nation.

He said 600 claims lodged by groups from the country's largest iwi.
underscored the importance of the exercise.

Judge Coxhead addressed four rows of lawyers seated at the back of the tent, their position reflecting the emphasis being placed on claimants' participation.

He said the lawyers - who include top Treaty specialist Charl Hirschfeld and Donna Hall - had shown leadership.

He also spoke directly to claimants who had gathered, saying it was important that they were given the opportunity to tell their stories about He Wakaputanga o te Rangatiratanga o Nu Tirene and [The 1835 Declaration of Independence of New Zealand] and Te Tiriti o Waitangi [The Treaty of Waitangi].

"We have no doubt that the presenters will be presenting their evidence with the mana their evidence deserves," Judge Coxhead said.

He said the size of the inquiry meant that extra tribunal members had been added, including Kihi Ngatai, Dr Ranganui Walker, Joanne Morris, Keita Walker and Dr Richard Hill.

Images of the iwi's important tupuna have been placed at the front of the huge tent where the inquiry is being held, near Te Tii Marae.