Ngāpuhi split over treaty negotiations

One of the biggest Treaty of Waitangi settlements has been one of the longest to get into negotiations, and the hardest to resolve.

One hapū, Ngāti Hine, want to split off from Ngāpuhi and do a separate deal. This may be the only way of making things happen.

RNZ in December – Ngāpuhi vote: Minister forced back to the drawing board

Treaty Negotiations Minister Andrew Little will be forced to go back to the drawing board after Ngāpuhi overwhelmingly rejected a mandate for its Treaty settlement.

Final voting results released yesterday confirmed the evolved Ngāpuhi treaty settlement mandate failed to win the vote of its people.

In November, the vote on the Evolved Mandate to move its Treaty negotiation forward was sent out to the people of Ngāpuhi.

The question of who should negotiate with the Crown has divided Ngāpuhi – some have sided with the group originally chosen – Tuhoronuku – and others have backed the hapu-based grouping, Te Kotahitanga.

It was a resounding kāhore (no) from the people of Ngāpuhi – with 73 hapū rejecting the mandate and 31 in support.The individual vote was 51 percent in favour and 48 percent against – but a threshold of 75 percent was needed to get the mandate over the line.

Mr Little said he was disappointed but the best thing right now was to “take bit of a breather”, and he was not giving up.

Wayne (presumably Mapp) commented on this recently:

Ngapuhi took a claim to the Waiting tribune on the meaning of the 1835 Declaration of Independence, and its relation to the Treaty of Waitangi. The Tribunal gave it some credence and stated Ngapuhi didn’t surrender sovereignty. But in practical terms what does that mean today? I can’t see the government going beyond the Tuhoe settlement in giving local governance powers.

The government should recognise Ngati Hine as a seperate entity if they want to settle the collective Ngapuhi claim. Some might say Ngati Hine is a hapu, but it is a hapu of 20,000 people, one third of Ngapuhi. Not sure why the government is being so obstinate about this.

https://yournz.org/2019/02/05/the-articles-of-the-treaty-of-waitangi/#comment-346234

RNZ:  Ngāti Hine wants to formally split off from Ngāpuhi Treaty talks

Ngāti Hine hapū have told the Treaty Negotiations Minister they want to formally split off from the Ngāpuhi talks that have been ongoing for more than a decade.

Chairperson for Ngāti Hine, Pita Tipene, met with Mr Little on Sunday, and told him that Ngāti Hine had decided it would be seeking its own mandate.

“We’re clear about what we put to him,” Mr Tipene said.

“I think it’s been a long time coming. Certainly Ngāti Hine has always been true to its own vision statement but we’ve changed our tack now.”

He said that view had come about from a number of hui among the nine hapū in the last months, with one meeting as recently as 12 January.

“That doesn’t mean that we’ve closed off all doors to working with our neighbours on overlapping claims,” Mr Tipene said.

He said Mr Little has been canvassing a number of people about a way forward for Ngāpuhi, given the vote on the Tūhono proposal that “ended up in complete failure” at the end of last year.

But Mr Tipene said “Ngāti Hine is now very, very clear that we will be seeking our own mandate.”

Mr Little confirmed the exchange took place.

“He said that … well it seemed to be without an awareness of what it takes to shut down the current mandate – which is really a name only – and to establish a whole new mandate or a bunch of mandates,” he said.

Mr Little said he made it clear to Mr Tipene that although he has an open mind as to how things happen from here, the Crown’s position is that Ngāpuhi must work “or at least move” together.

“There needs to be coordination and cohesion. It doesn’t make sense for the Crown to be drawn in to a multiplicity of negotiations where nothing can settle or reach agreement,” he said.

But nothing is looking like being agreed on let alone or settled with Ngāpuhi  as a whole.

 

Ngāpuhi ‘is probably the most incarcerated tribe in the world’

The Corrections Minister Kelvin Davis says that Māori make up over 50% of the population, and the Northland tribe Ngāpuhi “is probably the most incarcerated tribe in the world”.

Corrections Minister Kelvin Davis at the announcement.

Kelvin Davis (RNZ): ‘Ngāpuhi [probably] ‘most incarcerated tribe in the world’

Mr Davis said Māori make up over 50 percent of the prison population, and he wants that number reduced.

“Of that 50 percent, half again, are from Ngāpuhi, my own tribe, so this is personal.

“My tribe of Ngāpuhi is probably the most incarcerated tribe in the world, per head of population, so we really have to look at what we’re going to do differently as a country, to turn these figures around.”

Mr Davis said Māori must be included in the conversation, and is pleased half of the justice advisory group, set up by the Justice Minister Andrew Little and headed by the former National MP Chester Burrows, are Māori.

“If Māori make up more than 50 percent of the prison population, we should actually be talking to Māori about what the solutions are too.”

More than talking. Māori need to be prominent in implementing solutions.

“The question then becomes, ‘so, what do we do about it?’

“Because if it’s not unconscious bias, well then it’s conscious bias and we’ve got to make changes to make sure that Māori aren’t particularly picked on, or seen as the ones that are committing all the crime.”

Is it policing bias and judicial disadvantage for Māori? Or are Māori  proportionally more inclined to commit crimes. Probably some of all of those things.

He points to an instance in the last year near his home up north, where people were incredibly upset about the imbalance of justice.

“A couple of families who could afford justice, actually got a form of justice. Whereas people who couldn’t afford justice, for lesser offences, actually got a prison sentence. And that sort of stuff is not right.”

The cost of ‘justice’, of defending oneself in the court system, is a major issue. If you can afford a good lawyer your chances of being found not guilty or of a reduced sentence will be greater.

Mr Davis said they were looking at all aspects of the system to make sure it was fair for everybody.

He said the justice summit this week is an opportunity for people from all parts of the system to have their say.

“We’re expecting a lot of thought and a lot of ideas to come out of this, and we’ve got to sift through and see which ones are the best ones that can make a short term difference, medium and long term differences,” he said.

It isn’t going to be easy turning poor crime and imprisonment statistics around for Māori, but different approaches have to be tried, by the police, by the judicial system, and probably most importantly, by Māori communities and iwi.

Davis can play a significant role in finding social and judicial solutions for Ngāpuhi in particular.

And there are wider issues that probably contribute to the problems up north. RNZ: Little meets with Auckland-based Ngāpuhi members

The Treaty Negotiations Minister, Andrew Little, has met with hundreds of Ngāpuhi members based in Auckland this weekend to discuss the contentious claim.

Ngāpuhi have been quite divided on their treaty claim.