Ngāti Whātua Ōrakei deputy chair Ngarimu Blair says the court decision is pleasing but unfortunate. Photo / Dean Purcell
Ngāti Whātua Ōrakei deputy chair Ngarimu Blair says the court decision is pleasing but unfortunate. Photo / Dean Purcell
Ngāti Whātua Ōrākei have welcomed the judgment of Justice Palmer delivered at the Auckland High Court last Friday.
Deputy chair Ngarimu Blair said the central Auckland based hapū was pleased with the judgment which included Justice Palmer declaring Ngāti Whātua Ōrākei the mana whenua and ahi kā of central Auckland, according to their tikanga and historical tribal narrative and tradition.
Ahi kā is one of the traditional means to establish mana whenua (authority over land).
Justice Palmer also declared that Marutūāhu, Te Ākitai Waiohua and Ngāi Tai ki Tāmaki, who were defendants in the case, did not agree that Ngāti Whātua Ōrākei are the mana whenua and ahi kā of central Auckland but stopped well short of providing legal declaratory relief for the defendants and interested parties.
Ngāti Whātua Ōrākei are also grateful that Justice Palmer noted that the tikanga of Ngāti Whātua Ōrākei is not an “outlier” among Māori. Blair says this is a polite way of saying the tikanga of Marutūāhu, Te Ākitai Waiohua and Ngāi Tai ki Tāmaki is the outlier and inconsistent with Māoridom generally.
“It is frustrating to have had to seek this declaration in a court of law. However, failings in the Crown Treaty settlement negotiations process forced Ngāti Whātua Ōrākei to take legal action to force the Crown and others to confirm what 99.9 per cent of fair-minded Aucklanders and Māoridom already know: we alone are the tangata whenua of central Auckland.”
The central Auckland skyline. Photo / Mike Scott
He said it has become increasingly nonsensical to try to claim there are 19 “mana whenua” of equal status in Auckland, especially when many of those iwi are not even based in Tamaki Makaurau.
“This is the only city in this country where Crown failings have fed this unnatural lumping together of so many iwi, and a failure to acknowledge those who have and continue to have continuous connection to and occupation of a rohe. This has soured formerly strong and respectful relationships, and pitted iwi against iwi, Māori against Māori.”
Justice Palmer confirmed his judgment last week following his preliminary judgment in April 2022.
Blair said it is no surprise the three other iwi refuse to recognise the status of Ngāti Whātua Ōrākei and continue to try to maintain the pretence of them being “cultural equals” to the hapū in the central isthmus.
“I feel for their home people as their leaders have, through great cost to their people, argued for something that seeks in a highly Pākehā setting to change a fundamental Māori custom of all iwi across New Zealand. It is obvious to us they have compromised their own tikanga to establish a presence in our rohe and the central Auckland economy. If they want access, it is customary to ask and acknowledge us as the home people. It’s as simple as that.
“I want to also acknowledge that through the devastations that have afflicted our city in recent years. From unprecedented flooding to Covid-19, it has been those who are ahi kā and who live in central Auckland who have rallied together, held karakia and hui to do what we can to help each other and others across our community. Not those based in Thames or Hamilton.”
Blair said the hapū has already appealed parts of the April 2022 decision particularly where the Crown has escaped consequences for its actions and will consider further appeals of this latest decision.
Justice Palmer made no declarations in relation to the conduct of the Crown’s actions being unlawful in its implementation of its cross-claims policies. Blair says this is frustrating given how severely the Judge admonished the Crown and its actions in his findings.
Blair says ultimately this case is about the Crown undermining the mana of Ngāti Whātua Ōrākei through using its customary lands to settle the claims of iwi who are clearly from other parts of Aotearoa.
“We will continue to pursue the Crown and hold it to account. It gave an apology to us in 2011 and acknowledged our tikanga but has since walked back on the words of that apology in its actions and dealings with others who have tried to plant a beachhead on our whenua and harbours.
“We don’t think that is right and have appealed to the Court of Appeal to hold it accountable. As we said in the High Court hearing: ‘words matter’.”
