Whanau believe they are vulnerable

The Crown's recognition of the Ngatiwai Trust Board's Deed of Mandate is seriously flawed, say claimants.

Some Ngatiwai whanau are asking the Waitangi Tribunal for an urgent hearing into the Crown's recognition of the Ngatiwai Trust Board's Deed of Mandate saying it is seriously flawed.

The application filed on behalf of the whanau of Ngatiwai ki Whangaruru comes after the Ngatiwai Trust Board's Deed of Mandate to negotiate Treaty claims on behalf of the iwi was recognised by the Crown in October.

Claimant Huhana Seve said whanau filed an urgency application claiming the board lacked hapu representation and failed to communicate properly.

"We as whanau contend that while there are issues faced by the trust board that remain unresolved they should not have mandate to negotiate on behalf of hapu," Ms Seve said.

Ngatiwai Trust Board chairman Haydn Edmonds was unavailable for comment.

Ms Seve dubbed the board's structures worse than Tuhoronuku, the group given the mandate to negotiate Ngapuhi's Treaty claims, and said there was very little engagement with the claimants when the Ngatiwai Trust Board were trying to secure the Deed of Mandate.

"There were no hui-a-iwi, uri (descendants) were not consulted and just like Tuhoronuku, they decided to pursue the Deed of Mandate without talking to us," she said.

Ms Seve said she believed the trust board's structure did not accurately represent the people of Ngatiwai as there were hapu included in the Deed of Mandate against their wish.

"We have marae representatives, there is no hapu voice and we are left vulnerable."

Ms Seve said one of the issues with marae representatives was that chairpeople of marae could elect themselves, without consulting with hapu, leaving members with no say in the decision.

It's not the first time an iwi's Deed of Mandate has been challenged. Tuhoronuku's mandate to negotiate on behalf of Ngapuhi saw several hapu lodge applications with the Waitangi Tribunal for urgency hearings.

As a result, a report by the Tribunal found while Tuhoronuku's mandate was legitimate their structures undermined the sovereignty of hapu.