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Sharing Truth- National Research Centre Forum …

Sharing Truth- National Research Centre Forum

Judge Stephanie Milroy, Deputy Chair, Waitangi Tribunal, New Zealand

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  • 1. Te Kaitiakitanga o Nga Korero me Nga Matauranga o Nga Tipuna o roto i te Taraipiunera me te Kooti Whenua Maori The Guardianship of Traditional Knowledge in the Waitangi Tribunal and Maori Land Court, New Zealand
  • 2. Waitangi Tribunal
    • A tribunal to inquire into the claims by:
      • a Maori or groups of Maori
      • that the Crown has breached the principles of the Treaty of Waitangi
      • and has thereby caused prejudice to the claimant
  • 3. Waitangi Tribunal
    • Treaty of Waitangi – between British Crown (now NZ) and Maori in 1840
    • 2 versions
    • 3 articles –
      • Kawanatanga/governorship to the Crown
      • tino rangatiratanga/highest authority to Maori over their land, fisheries, forests and all their precious treasures
      • Maori to have citizenship rights of British subjects
  • 4. Waitangi Tribunal
    • Constituted in 1975 to hear contemporary claims - that Crown is in breach in modern times
    • In 1985 jurisdiction extended for claims back to 1840 (historical claims)
    • Principles of Treaty – partnership, protection participation, good faith, loyalty and others
  • 5. Waitangi Tribunal
    • Deadline for filing historical claims – 1 st September 2008
    • 2157 claims
    • Total claims received since 1975 – 3500 approx
    • Number of tribunal reports – 114
    • Covering issues such as confiscation of land, suppression/destruction of culture and language, destruction of environment, broadcasting, etc
  • 6. Waitangi Tribunal
    • Hears evidence and submissions
    • Makes findings as to breach
    • Recommends negotiations with Crown
    • Sometimes makes specific recommendations
  • 7. Waitangi Tribunal
  • 8. Inquiry
  • 9. Tribunal
    • Website –
    • Includes links to research resources and Tribunal reports
    • Has a research unit which will undertake research for the Tribunal – documentary sources
    • Tribunal commissions research from experts –includes research into traditional knowledge
    • All research reports and evidence kept in Tribunal archives – accessible at Tribunal office in Wellington.
  • 10. Crown Forestry Rental Trust(CFRT) Office of Treaty Settlements (OTS)
    • Set up as part of a settlement with Maori in respect of Crown-owned forests
    • Also commissions research, pays costs associated with claim research, meetings (hui) of claimants and settlement negotiations.
    • Funds a lot of oral traditional research and claimants’ own research
    • OTS commissions research for Crown
  • 11. Other Archives
    • Archives New Zealand – Wellington. Heavily used by treaty claims researchers
    • Land Information New Zealand – title and survey information
    • Journal of House of Representatives
    • Libraries and museums – New Zealand or Maori research collections
    • Maori Land Court
  • 12. Nga Korero Tuku Iho
    • Tribunal hearings can be in marae/ ancestral meeting houses situated on reserved land, but also halls, hotel conference centres, anywhere
    • Often local iwi radio will broadcast hearing, video records kept
    • Usually lawyer-led but sometimes open forum
    • Te Rohe Potae inquiry – claimants presented traditional evidence, unwritten - wananga
  • 13. Rohe Potae Inquiry
  • 14. Maori Land Court
    • Crown recognised Maori “owned” New Zealand in 1840
    • Native Land Court 1865 – converts tribal title to individual title – many flagrant abuses led to land loss, Maori land changed to general land
    • Became Maori Land Court in 1953
  • 15. Maori Land Court
    • Statute changes philosophy of court in 1993 – retention of Maori land and development in hands of owners.
    • Records of court represent a huge and incredibly valuable archive but it is a day-to-day working record – IT LIVES.
    • Minutes, orders, applications with all associated documents, judges’ handwritten summaries of evidence at hearing, transcripts
  • 16. Waikato Maniapoto / Hamilton Māori Land Court
  • 17. Tairawhiti / Gisborne Māori Land Court
  • 18. Waiariki / Rotorua Māori Land Court
  • 19. Maori Land Court
    • Originals poorly kept in district offices until recently
    • No proper archival care taken until recently
    • Public allowed direct access to originals
    • No index –expert assistance needed to search the record
  • 20. Maori Land On Line
    • Electronic record developed – problems
    • Website – allows isolated or overseas Maori to access records
    • Recent records of court – time-lapse snapshot
    • Survey and land information
    • Further development of website and searching to be completed
  • 21. Owner Interest Search
  • 22. Owner Interest Search Results
  • 23. Block Details
  • 24. Management Structure / List of owners
  • 25. Block Location
  • 26. Issues
    • Whakapapa/Genealogy – fundamental to Maori society, governs all relationships – tapu/sacred information – public access?
    • Continuing dominance of public research by non-Maori researchers although Maori numbers increasing
    • Tribunal resources limited - research as currency