Kia ora e te Iwi,

 

Outcome of the Waitangi Tribunal report
 
The initial Waitangi Tribunal report was released on Tuesday 24 March 2020 in relation to Pouākani Remedies - Wai 85, and Wairarapa ki Tararua District Inquiry - Wai 863 and Wai 429. On Monday 23 March 2020, the High Court rejected Mercury Energy’s attempt to stop the Waitangi Tribunal from issuing its report.
 
We believe the outcomes of this report now present a positive opportunity for us to move forward for the benefit of all the people of Ngāti Kahungunu ki Wairarapa Tāmaki Nui-a-Rua – and we want to thank you for all your support during this time.  
 
At a high level, the report made the following preliminary determinations: 

• The Tribunal acknowledges there has been prejudice towards the people of Ngāti Kahungunu ki Wairarapa Tāmaki Nui-a-Rua which relates to the Pouākani lands and the Ngāumu Forest, and which needs remedying through the resumption of those lands to Ngāti Kahungunu ki Wairarapa Tāmaki Nui-a-Rua ownership and financial compensation. 
   
• The Tribunal intends to make resumption orders for both areas of land. However:
   
  • The Tribunal considers that Wairarapa Moana Incorporated (WMI) is not the right body to receive the compensation for Pouākani lands for a number of reasons, including the disproportion of shareholdings and skewed benefits that would result in for shareholders. 
     
  • The Tribunal does not think it would be right to make the resumption order for Ngāumu in favour of Ngāi Tūmapūhia-ā-Rangi as while Ngāi Tūmapūhia-ā-Rangi established the importance to them of their mana whenua in and around Ngāumu, the Tribunal considered all Wairarapa hapū had similar links to Ngāumu. The evidence from our Chairman, Robin Potangaroa was another reason the Tribunal gave for its decision which highlighted the complications for Ngāti Kahungunu hapū with the allocation by the Crown of part of the Forest to Rangitāne.
     
• The key takeout for why the Tribunal does not intend to make resumptions to either of these groups is related to representation of our iwi within these groups. We believe any additional redress should be made in a way that sees collective benefit for all our people across the rohe, and that the best way to move forward, is together. 
   
• The Tribunal determined that the resumption orders should be made for the benefit of all of Ngāti Kahungunu ki Wairarapa Tāmaki Nui-a-Rua and deemed that the Settlement Trust has the necessary attributes of a recipient entity to receive the benefits. However, a further process may be required to confirm this. We will keep you informed of the next steps in due course.

• The Waitangi Tribunal, when it re-opens after the Alert Level 4 lockdown, will hold a judicial conference to set a timetable for future steps before finally making resumption orders. This timetable is likely to occupy another six months or more.
   
• In parallel with the Waitangi Tribunal’s timetable, the Settlement Trust will be exploring with all interested parties (the Crown, WMI and Ngāi Tūmapūhia-ā-Rangi hapū) whether an agreed resolution can be reached that reflects the Waitangi Tribunal’s preliminary determinations and which would allow the overall Treaty Settlement to proceed in a shorter timeframe (i.e. less than six months).