One of Te Papa's star Maori attractions was acquired in a clear Treaty of Waitangi breach and there is a "real question" over whether the museum legally owns it, the Waitangi Tribunal has found.
The Crown has admitted the acquisition of the carved wharenui - Te Hau ki Turanga, displayed on Te Papa's fourth floor - breached treaty principles.
The meeting house's original owner, the Gisborne-based Rongowhakaata iwi, says the building was "stolen" by a Government minister in 1867.
The iwi wants compensation and will fight to be recognised as the true legal owner - and some iwi members want the meeting house returned.
The tribunal has recommended that Te Papa negotiate with the iwi over arrangements for the wharenui's custody and maintenance.
"The Crown accepted that the wharenui had been acquired in breach of the treaty," the report says. "We considered further that there is a real question about whether Te Papa ever acquired legal title to Te Hau ki Turanga at all."
Rongowhakaata spokesman Lewis Moeau said the iwi was generally pleased with the tribunal's findings, but disappointed that it had failed to say the iwi owned the wharenui.
"We would have continued discussions with Te Papa regardless of what the tribunal said, but obviously this gives us a boost," Mr Moeau said.
Te Hau ki Turanga (the breath, or vitality, of Turanga) has been described by one historian as the centrepiece of Te Papa's Maori collection, representing "a high point of the great carving tradition of Turanganui-a-kiwa".
The meeting house was built by prominent Gisborne carver and chief Raharuhi Rukupo in 1842 as a memorial to his older brother.
Rukupo refused to sell the building to the Crown in 1865.
But two years later, it was confiscated by Native Minister J.C. Richmond - informally acting as director of the Colonial Museum - dismantled and removed on the Government steamer Sturt.
Mr Moeau said the iwi enjoyed a good working relationship with Te Papa and talks would continue over the wharenui's future. The iwi's main aim was to win legal title of the wharenui, while pursuing a compensation claim with the Government.
"There's been some strong moves by some of the younger people here to bring the wharenui home," he said. Te Papa kaihautu (consultant) Te Taru White confirmed that the wharenui was considered one of the museum's "central pieces".
The museum was committed to working further with the iwi to confirm the role of the wharenui.
"It's a major iconic piece, obviously, and we're very keen to establish a long and enduring position with the iwi that we can be the kaitiaki [guardian] of first choice," Mr White said.
Rongowhakaata elders had previously given their blessing to have the "treasure" displayed publicly.
Treaty Negotiations Minister Margaret Wilson said officials were studying the tribunal's recommendations and looked forward to entering into negotiations with iwi identified in the report.
- NZPA
Herald Feature: Maori issues
Related information and links
Tribunal says Te Papa exhibit was stolen
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