This document discusses issues related to the Treaty settlement negotiation process and leadership for the Ngapuhi iwi in Northland. It outlines some of the negative impacts of colonial legislation on Maori land and resources. It questions the competency and management of the current iwi authority, Te Runanga a Iwi o Ngapuhi, to administer any settlement outcomes. The document calls for new iwi leadership that is excellent, experienced, and dedicated to Maori development, tikanga, and the Treaty of Waitangi principles to guide Ngapuhi into the future. It provides a checklist for hapu to assess governance and determine their priorities and aspirations moving forward.

1. Supporting Document in
Review of Treaty Settlement
Negotiation Process,
& Leadership for Ngapuhi
2015 >>>>>
Prepared for members of Tai Tokerau Hapu, Northland.
May / June 2015

2. Cause of Conflict & Te Tikanga mo te
Whakamarama
• That the Maori language text is not an exact
translation of the English text NZMC [‘87]
Tribunal have jurisdiction to determine treaty
meaning s5(2) TOW Act 1975.
• Common Law Orthodoxy & Te Tiriti – “ te Tiriti is
not enforceable unless incorporated into
domestic law i.e. made by executive and not
Parliament ( Re: Ninety Mile Beach).
• Treaties and statutes relating to indigenous
should be liberally construed and resolved in
favour of indigenous interpretation ( R v Sioui)

3. Treaty Principles defined by the Court
Partnership
Active Protection
Reciprocation (Good faith)
Consultation
Loyalty ( Maori) to the Crown
Fiduciary Duty
[NZ Maori Council v AG]

4. Maori Trustee Administration
• National Government
Legislation of 1953
– The Maori Affairs Act 1953
governed Maori Affairs policy
& matters for 40 years, until
the Ture Whenua Act of 1993
– The Act consolidated the bulk
of legislation since 1931 &
legal provisions relative
particularly to Maori.
– More importantly the 1953
Act introduced new
provisions about the nature
of title to Maori land, and the
“vestige of a communal way
of life where land was owned
by tribes; thus intended to
improve title .
• Conversion was the most
significant of new provisions,
which allowed the Maori Trustee
to acquire uneconomic interests
in Maori freehold land.
• The rationale to take issue with is
the change of titles in order for
Maori farmers to participate in
the “modern Maori economy”.
• Point of Clarification on this policy
decision – many farms at this time
operated successful dairy farms and
owners of land and farms effective
farmers of the economy
• Impetus behind the policy – a follow
on from consolidation schemes, debt
from previous governments seeking to
recoup debts, target for debt recoup
was northland farms through this
legislation, and costs being incurred
from other regions having incurred
debt from failed consolidation
ventures.

5. Positive Onus of the 1953 Act
Maori Land to Remain in
Maori Ownership
• Maori farms were consolidated into
economic farms (that being of a
communal nature) of its various
shareholders and owners.
• Minister of Maori Affairs at that
time, Corbett, also said the Act
would ensure that Maori land
would continue to multiply, and
even tribally owned. The idea and
concept however was for all
interests to be consolidated into
one and profits paid to shareholders
etc…
Part XXIV Maori Affairs Act
1953
• Established the modern legislative
machinery for the development of
schemes. Board of Maori Affairs
being responsible for the schemes.

6. Issues for Hapu Whanau Discussion and
Priority
Constitutional Issues
• Protection of Interests,
Sovereignty, Autonomy and
Authority
• Protection of Maori Autonomy,
Intellectual Property and
Cultural Property Rights
2015>>>>
• Protection of Land & Resources
• Assets and Asset Sales
• Maori Land Development, Maori
Trustee, Public Works and
Administration
Local Authority, Hapu &
Whanau Level
• Rating
• Environment
• Waterways
• Freshwater Fisheries
• Culture, Social and Economic
Development
• Secondary School, Early Childhood,
Kohanga Reo and Primary Providers
• Youth Crime, Correction, Education
and Re-Training Programmes
• Administration, Professional &
Commercial Enterprise for Business
and Whanau Development

7. Issues for Hapu &
Whanau Development
Legislative Colonial Impact
History on Economy, Land and
Resources of Maori of Ngati
Whakaeke
Ensuring the safety and
protection of farmlands
administered under Maori
administration bodies are
protected from overseas sales as
well as diversifying outside of
Maori interests and shareholder
consent or knowledge.
Treaty Settlement Process,
Impact Implications for
Leadership, Autonomy, Authority
and Self Governance of Maori
Leadership of Hapu and Iwi

8. Hapu, Iwi History
• Traditionally as a hapu we enjoyed whanau.
• We enjoyed our families, our kuia, our
kaumatua and our traditions of how we did
our mahi our way and how we lived our
Arikitanga (principality, lives, and our
ancient traditional lineage) our way.
• These ways of authentic tikanga Maori,
chieftainship and common ways of living are
in more recent times being adversely
challenged to change, accept and
accommodate for new people, new families,
new whanau.
• Where change is consensual and for the
mutual benefit of a culture, whanau, family
and community this change is an honoured
blessing.
• Where it is not, it is called cultural abuse, a
process of colonial imperialism for a political
agenda to delineate, alienate and
marginalise the sacred serenity of our
homes, unique and prestigious ancestry, and
authentic traditions that makes who we are
who we are.
• Colonisation
• Imperialism
• Culture & New Identities based on
material imperialism new
concepts of papakainga, power,
authority, protection, control and
surveillance.
• A product of the pan approach to
Maori politics and political
economy has seen us inherit and
have imbued a new New Right
regime that is intended for
supremacy, paramountcy and
colonisation purposes against
Maori, and some of us could
possibly not even know it’s
already here and happening.

9. Getting to the Point
Hapu Checklist for the Future &
Whanau Hapu Development
• Where have we been as a
Hapu?
• What have we been put
through?
• What have we endured
and
• What can we remove to
restore & take back in
ownership for self
determination Tino
Rangatiratanga for the
future?
Self Check
• Historically, we’ve been colonised; we’ve lived
colonisation and adapted to being colonised
and becoming colonisers ourselves
• Contemporarily, we’ve become latent experts
in colonising our authentic and natural Maori
leaders who champion and advocate our
indigenous and paramountcy identity as Maori
who have been labelled ‘the radicals’ ; the
horis; the hoha” .
• These are whanau members who become
alienated, ostracised and abandoned for not
“playing the game” or towing the party line.
What as a hapu and whanau do we do to allow
their mana and authority to remain authentic
and true for our accountability?

10. Serious Questions to be Asking
Competency
• Can the Hapu have absolute
confidence in the competency of
the current administration and
Authority, Te Runanga a Iwi o
Ngapuhi to competently administer,
invest and diversify any return of
settlement on their behalf?
• Does the Hapu have justifiable
cause and reason to withdraw their
right to ensure their interests are
managed and administered
competently as beneficiaries of any
settlement outcomes? [Motion for
Resignation action?].
Management
• Has the styling and drive of the
Tuhoronuku administration been
in keeping with the values of iwi
hapu development and in a
manner and nature of
undertaking consultative
processes non - coercively, in the
interest of hapu concerns and
issues of Maori interests in
matters at the centre of
negotiations?

11. Treaty Settlement Process: Seeking Authentic Authority and Self
Governance
Impact &
Implications to
Leadership,
Autonomy: Identifies an
urgent need for immediate
effective, professional,
experienced and excellent
Maori Leadership for our
hapu and Maori for now and
the future
Governance under a
government entity,
Tuhoronuku & Te Runanga a
Iwi o Ngapuhi for Hapu and
Iwi: Irrelevant to the
future aspirations and
objectives of the hapu in
TRAIONS current form,
organisation and operations
as an iwi authority

12. What we want to Achieve, Attain and Accomplish out of the
Process for Ngati Whakaeke Hapu Iwi Development
Authority, Autonomy &
Protection of Assets
• Excellent Executive
Leadership
• Prestigious Commercial &
Professional Experience &
Background
• Exemplary Authoritative
Leadership for Hapu Iwi
Development for 2015
onwards
Development, Prosperity,
Heritage & Culture
• Exemplary Experience in
Organisation, Te Tiriti o
Waitangi, Culture, Heritage
and the Development of Te
Reo Maori me ona Tikanga
for Ngapuhi 2015 onwards
• Honorary and
Distinguished Commitment
to Maori and Development
of Ngapuhi

13. Leadership, Authority
& Autonomy for Our
Future
• Credible Leadership
• Commercial Experience
• Community Relationships
• Integral Development
Relationships
• Propensity for Maori to
Prosperity
• Strong Maori Identity
• Cultural Respect & Trust
• Dedicated to the Principles
of Te Tiriti o Waitangi me
ona Tikanga Maori mo
Ngapuhi
New Iwi Authority
Organisation
Governance
Executive
Administration
Local Authority
Regional Authority
Commerce
Agriculture

14. Who we Want for Our
Future Leadership of
Hapu & Iwi, Ngapuhi
Dynamic
Accountable
Innovative
Professional
Excellence
Experienced
Ngapuhi
Maori
Action from here – to advance on the
How