KEY POINTS:
The Auckland land wars are set to reignite with a ruling from the Waitangi Tribunal that allows three tribes to contest the Crown's proposed $90 million settlement with Ngati Whatua o Orakei.
The hearing set down for March will examine whether the Crown has unfairly treated the Marutuahu, Ngati Te Ata and Ngai Tai iwi in its Treaty settlement negotiations for Auckland.
Central to the legal battle is whether Ngati Whatua should get $80 million of naval housing land in Devonport plus first right of refusal on a further $90 million of North Shore naval land. And whether it should be given exclusive rights to all Crown properties that come up for sale in the Auckland isthmus.
The tribes are also challenging Ngati Whatua's right to guardianship of all the mountains on the isthmus.
Tribunal acting chairwoman Judge Carrie Wainwright, who granted the urgent hearing to the three tribes after a judicial conference in Wellington last week, said she was satisfied irreversible prejudice would result from the Crown's poor processes for dealing with overlapping claimants.
In particular she was concerned about the Crown's superficial steps at the 11th hour of the negotiation process.
"Engagement with overlapping claimants involves dealing with them directly and in person," said Judge Wainwright. "It does not mean thinking about or researching their positions, or writing them letters."
She was critical too of the Crown's lack of openness and transparency, pointing out that claimants still did not have access to historical research forming the basis of the proposed settlement with Ngati Whatua.
"The importance of securing a settlement cannot, I think, continue to be used as an excuse for skimping on process," said Judge Wainwright.
"Process often does determine outcome, and overlapping claimants are entitled to a Treaty-based standard."
Russell McVeagh partner Paul Majurey said the Marutuahu tribes were delighted with the tribunal's decision and looked forward to finally having an open process to put forward their Auckland land claims.
"It is high time to dispel the 'one city one tribe' myth that Aucklanders have been spoon-fed for decades."
Judge Wainwright said that in the light of three previous settlements with Ngati Whatua - including land at Okahu Bay, Bastion Pt and the Auckland Railway Station - it was important the Crown was seen to be scrupulously fair in its dealings with other Auckland tangata whenua groups.
But her ruling has not pleased some Auckland claimants including Te Taou, who with others, are deemed to be "affected parties" but are sidelined from participating in the March hearing.
Judge Wainwright said the Te Taou claim hinged on complex whakapapa [bloodline] evidence which she did not have the expertise to interpret. Lead Te Taou claimant Lou Paul (Paora Kawharu) said the ruling left the iwi nowhere to turn.
"If the tribunal does not have the expertise to interpret our whakapapa ... then who does?"
Te Taou says the Crown's negotiations are with the wrong tribe and that Ngati Whatua o Orakei is an artificially created entity that does not trace whakapapa to the rightful conquerors of the Auckland isthmus.
THE TIMETABLE
June 2006: Crown signs agreement in principle with Ngati Whatua o Orakei subject to a consultation process with other iwi to resolve their overlapping land claims.
September 2006: Five Auckland iwi present evidence to a Waitangi Tribunal hearing that Crown processes in dealing with their concerns have been little more than going through the motions.
November 2006: Tribunal judicial conference in Wellington to consider whether there should be a general inquiry into the Crown's Treaty settlement policy and practices.
March 2007: Three-day hearing for Marutuahu, Ngati Te Ata and Ngai Tai iwi to contest the proposed Ngati Whatua o Orakei settlement.
