HMT Newsletter – April 2016

Transcription

HMT Newsletter – April 2016
Hokotehi Newsletter
April 2016
Ta imi Moriori, tēnā kotou, hokomenetai
me rongo
both parties will work with each other in good
faith and towards a just resolution of our long
standing claims
Ka nui te mihi ki a kotou kā hūnau Moriori.
Moe mai kā mate Moriori, moe mai takoto
mai. Our deepest sympathies go out to all
those who have lost loved ones in the last
few months.
Members will be kept informed and updated
on a regular basis with progress being made by
way of newsletters, website and a series of
regional hui to be held later in the year.
Our thoughts and best wishes go also to
those who have welcomed in babies and
the next generation.
Karakii from ka pou o Rangitokona – suitable
for a blessing, meeting opening, new event,
birth
Tongia te ngarehu Tawake moetahuna
Koi tenga mokopu o Rongomaiwhenua o
Rongomaitere
Koi tama Wainuku
Koi tama Waiorangi
Koi tama ruruhau o Papatuanuku’
Tahia te ihinga mai o te Ra
Tahia koi tama Rehua-Tane
Moe tahi koi i runga
Tahia te nui; tahia te roa
Werohia te ata!
Mandate Hui-a-Moriori
Negotiation
and
Terms
of
A hui was held 30 January in Christchurch to
confirm the mandate for HMT. A presentation
on the mandate and negotiation process was
provided to all attendees (a copy of this is on
the HMT website). A period for submissions to
OTS on the mandate followed which
conclusively confirmed members’ support for
HMT to re-engage with the Crown to settle our
claims. The Crown has accepted HMT’s
mandate and signed Terms of Negotiation with
HMT. The Terms of Negotiation establish that
Re-Engagement with Crown to Settle Historic
Treaty Claims
Hokotehi recommenced formal negotiations
with the Crown with a presentation to the
Minister Treaty Negotiations (Hon Christopher
Finlayson), the Crown Negotiator (Hon. Fran
Wilde – a former Minister in the Lange
government) and the Office of Treaty
Settlements (OTS) team, Doris Johnston and
Ben White, at Kōpinga Marae on 23 March.
The HMT negotiation team appointed by the
Board of trustees comprises: Maui Solomon,
Grace Le Gros, Tom Lanauze and Paul Solomon.
Susan Thorpe will provide administration and
support/research services to the team as the
Claims Facilitator. All key decisions in the
negotiations will be made by the full Board of
Trustees who are fully involved at all stages of
the negotiation process. The negotiating team
is augmented by expert advice from Peter
Churchman QC and Roger Drummond
(Advisory Trustee to HMT).
The next steps will involve developing a work
plan for negotiating meetings to be held
between the HMT negotiating team and OTS
over the coming months. The Minister has
indicated that he would like to have the
settlement substantially resolved this year. No
settlement will be concluded with the Crown
unless it is “right, just and principled” and
without prior consultation and a final post vote
of members and beneficiaries.
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An extract from the initial presentation to the
Crown is at the end of this newsletter.
Brief Update on HMT Projects
Rākau momori
The wind filters around Rotorua covenant,
Kairae and Taia have been completed. We now
have 500m of wind filters protecting the
groves.
The first of the 2 annual assessments of the
kōpi trees was completed mid February with
some encouraging results. The assessors
noted signs of recovery in the forests as a
result of mulching and resting the grove at
Hāpūpū from visitor traffic. No further rākau
momori were removed from the groves.
Hokotehi has been continuing with guided
walks through Rotorua and has recently met
with DOC and island concessionaires regarding
re-opening Hāpūpū for guided walks only next
summer.
Carving Wānanga
attendance gave presentations on their
learning to the wānanga giving us an insight in
to some potential young leaders of the future.
The wānanga also included a conservation
workshop on the care and treatment of the
kōpi logs removed from the forest. Te Papa
conservator, Nirmala Balram, worked for a
week with the assistance of wānanga
attendees Sue Anderson, Violet Harris, Melody
Lanauze, Todd O’Hagan and others to ensure
all 25 trees received appropriate care.
Wānanga artists included Wi Taepa, James
Webster, Owen Mapp, John Edgar, Turi Park
and Kingsley Baird. Our attendees were able
to work one on one with these talented artists
to learn the arts of stone tool making and
marking tree bark.
Beautiful taonga were created by attendees
and artists, some of which have been gifted to
Kōpinga.
February 12-24 2016 HMT held a carving
wānanga to begin the process of re-learning
the art of engraving kōpi trees. Funding for this
was awarded through UNESCO and Creative NZ
grants.
The wānanga, entitled Hokopanopano ka Toi
Moriori (reigniting Moriori arts) brought
artists, conservators, stone and wood experts
and a documentary maker to the island along
with rangata mātua and youth delegates.
Those who received funding to enable their
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tūahu for the duration of the wānanga. The
taonga comprise bone and niho that were split
50/50 by DOC staff to be shared between
Hokotehi and Ngāti Mutunga. The bone is
being stored in secure storage so that it may
continue to dry, whilst the niho have been
placed in museum-style nesting boxes for safe
storage.
Kōpinga Marae
The marae has been busy with bookings and
events since early January, hosting visitors to
the island and hūnau Moriori. The carving
wānanga in February saw about 50 people in
attendance for the 2 week event. Our kitchen
was humming with happy cooks and even
happier diners. Thanks to Te Kani Manukura
and David Catterall for their expertise and for
passing on some new menu ideas.
Taonga Rongomoana
During the wānanga we had a ceremony to
welcome in the taonga rongomoana which
have been stored in the DOC shed – some for
over 20 years.
David also ran a fund-raiser cooking class at
Kōpinga for the local playgroup. 20 turned up
to learn about preparing rack of lamb, bisque,
sauces, wontons and delicious fondant
potatoes.
The DOC Area Manager, Connie Norgate,
accompanied the taonga to the marae. They
were received with karanga and rested at the
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attendance at an international film festival (at
which our young member Tomairangi Harvey
won the best young film-maker award).
Applications must demonstrate how the
project meets objectives of the Keke Tura
Trust. They must also show how they will
increase and enhance cultural knowledge on
aspects of Moriori cultural and identity in areas
such as language, arts, peace-making and
conflict resolution, whenua and hokopapa.
Again, there are no cut off dates for these
applications. Contact the office if you have any
queries and for access to application forms.
Your Trust Board – introducing your North
Island Trustees:
Hokotehi has 8 trustees – 3 from Rēkohu; 3
from the South Island and 2 from the North
Island. The next few newsletters will feature
profiles of Trustees region by region.
Sharon Wadsworth
Through 2016 a series of 4 noho marae will be
held for a Diploma in Mātauranga (Heke
Mātauranga). This is being offered through Te
Wānanga o Raukawa and co-ordinated by Deb
Goomes.
Education Grants
Education grants for tertiary study are
available for members. There are no close off
dates for applications through the year so you
can still get applications in to the office even if
you have started your studies for 2016. The
grants also cover advanced level courses that
may not be at university, wānanga or
polytechnic. Contact the office if you have not
sure whether you are eligible. The Education
grant policy and application forms are available
on the website.
Cultural Projects
Keke Tura Moriori identity fund also offers
funding support for cultural projects. In 2015
support was offered for a weaving course and
I am the elder
daughter
of
Pikiteora (Peggy)
Ansin and Tony
Taylor.
My
mother was the
only child of
Tangiroa (Ann)
who
was
a
descendant
of
Matene Totara of
North Kaipara.
I qualified as a
Legal Executive in
1980 and was encouraged by the firm of
solicitors I worked for in Auckland, to practice
Property and Estate law. I continued to do so
when living in London for 15 years. My
husband, Gary, and I returned to New Zealand
in 2000 with our children, Sophie and Henry.
Since my return I have been a part of various
school boards and committees of the schools
my children attended. I now manage a
property investment portfolio. In all of these
roles, and in particular my legal career, I have
maintained a high level of integrity and
transparency.
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I am excited to be a part of this newly elected
Board and will consider and debate all Trust
matters honestly, transparently and with the
ability to think independently.
The following are some Extracts from Treaty
Negotiation Presentation to the Crown, 23
March 2016 – “Voices of the Ancestors”
Grace Le Gros
I am the second eldest daughter of Ngarau
(John) Te Tauri of Whanganui / Tūwharetoa
and Hannah Te Retimana (Descendant of
Totara of North
Kaipara). I was
raised in Auckland
for the first 6
years of my life
then we returned
home to Naumai,
North Kaipara, completed a BA/HEALTH
Sciences AUT Auckland University and live in
Ruawai with my husband Michael Le Gros
(Ngāti Rangatahi /Maniapoto/Whanganui). We
have 3 Adult children, 5 Grandchildren and 1
Great-grandson.
I am CEO for Ngāti Rangatahi Whānaunga
Association Inc: and specialise in Māori
development, facilitation and dispute
resolution, Treaty settlement advice and
Charities compliance. I am currently
developing new post-settlement management
plans for Northern Whanganui, Ngāti
Rangatahi (Sites of Significance between
Otorohunga through to Hutt Valley,
Wellington) and Maniapoto ki Te Rohe o
Tūhua.
I am a strong advocate for transparency and
accountability in governance and can often be
found with a copy of Trust Deeds and policies
at hand. I look forward to the future where
fisheries and land settlement assets will be
united within a single tribal organisation and
elected representatives can focus on restoring
cultural and commercial strength for all
Moriori.
Today - Hokotehi Moriori Trust stand at a cross
road of evolution with long awaited Treaty
Settlement on the horizon. We are in a unique
position to achieve self-sustainability and
secure short and long term goals for all Moriori
no matter where they reside.
Moriori petitioned Governor Sir Grey in a series
of documents and letters from the late 1850s
onwards seeking justice for Moriori including
return of land and freedom from slavery.
In June-July 1862 the surviving 30 Moriori
elders gathered at their sacred lands at Te
Awapātiki to discuss the nature of the second
petition. They remembered the trauma of the
1835 invasion and aftermath graphically. The
last Council held at that place was 27 years
prior when Moriori gathered en masse to
debate how to respond to the Māori invasion
of 1835 when it became apparent that they
intended to kill and enslave Moriori and take
their land for themselves. While the young
men wanted to fight back, the elders forbade it
as to kill another was a violation of their
ancient laws. Instead they offered peace and
to share the resources of the land and sea. But
this offer was violently rejected. Whatever
happened afterwards, by taking the stance
they did, Moriori forever held onto their mana
and honour by rejecting violence, killing and
cannabalism as a way for human beings to live
together. Our ancestors never accepted the
so-called take raupatu or claims by conquest
alleged by the invaders – their term for what
happened was take kohuru – the killing of
innocent people. Where is the mana in that?
Sadly, although the Crown knew what was
happening to Moriori on Rēkohu, they failed to
intervene. They were ‘out of sight, out of
mind’. So in 1862, the surviving Moriori made
one last ditch effort to appeal to the Crown for
help by once again gathering at Te Awapatiki to
recall and record the horrors of what had
happened to them and their families and put
this into a lengthy plea to the government of
5
the day for protection and emancipation from
slavery.
The 1862 petition is a 131 page long hand
written record of proceedings of the Te
Awapātiki Council of Elders, written in both
Moriori and Māori. The petition lists those
alive in 1835 (excluding many children whose
names could not be recalled) and subsequently
killed (“know by looking at this that those with
two crosses by their name were killed and
eaten”); those who had died of kongenge
(despair) in slavery, and those who had
survived. The petition is a further document of
Moriori self-determination seeking the
removal of Māori from Rēkohu as well as being
a plea to the Queen of England for justice and
an end to slavery (some 22 years after it had
been outlawed in New Zealand).
The
document is also a taonga for it contains
records of Moriori traditions, origins and
geneaologies.
The list contains 1,663 names. One fifth of the
population were killed directly (108 women
and 118 men) and 1,336 died of abuse from
their captors and many from kōngenge or
despair in slavery. Only 101 Moriori survived
the invasion and subsequent slavery up to
1870.
The accompanying letter addressed specifically
to Govenor Grey and signed by the 30 elders
reads, in part:
“Friend, greetings to you with the law
of England and the law which comes
from the Scriptures...England holds the
cause of God and a cannibal people
cannot rise above nor refute the law of
England because God is the source of
Pākehā law...
Friend Grey, here is our word to you
concerning...our two islands...The
rights of the Māori are not straight,
they are stealing the rights to our land.
It was not right and the payments
before were not right, but the rights of
our land are with us. We are the
original inhabitants... This is our
word..the law says that land taken
unjustly must be returned to those
whose it was before. Enough, come to
set this island right...the doings here
are not in accord with the law.”
Response of Crown to Moriori Petition
No written response from Governor Grey to
the Moriori Elders has survived but it is clear
that there was some form of response.
Unfortunately, not one that Moriori had
expected from a sympathetic Crown. By the
mid 1860’s most Māori had left Rēkohu and
returned to their homes in Taranaki to contest
land claims in that region. Because the Crown
didn’t want them in Taranaki due to the land
wars happening at that time, Crown agents
such as Henry Halse tried to encourage them
to return to Rēkohu where they were promised
land once a Court was set up down here. It’s no
coincidence that the same Judge who was
sitting on the Compensation Courts in Taranaki
in the 1860’s, Judge Rogan, was also the same
Judge who later presided over the land
hearings on Rēkohu in 1870. At that time the
Colonial Government and Native Land Court,
were working hand in glove to do each other’s
bidding. By 1870, only a handful of Māori were
left on Rēkohu and a few more had come back
for the Court hearings (at the urgings of the
Crown agent). Moriori were once again the
majority people on our own Island – even
though our numbers had been decimated from
1700 in 1835 to just over 100 by 1870. After
only 1 weeks hearing in June 1870, Judge
Rogan awarded 97.3% (or 94,347 hectares) of
land on Rēkohu to Māori and a pathetic 2.7%
(or 2,618 hectares) to Moriori. This land was
then either immediately sold or leased to
Pākehā farmers living on the Island. So the
Crown got what they wanted – Māori out of
their hair in Taranaki, Māori got what they
wanted – all the land, and Pākehā got the land
to farm. Moriori got, after everything they had
suffered and endured for 35 years, thoroughly
shafted. Our people and culture had become
an “inconvenient truth” for the Crown and its
agencies and were therefore easily
expendable.
Later, the Native Land Court, (without even
holding hearings in some cases), awarded all of
the land on Rangihaute (Pitt Island) to Māori
(despite them never having occupied it),
compared with Moriori who had occupied
Rangihaute for 600 years until they were
forcibly removed by Māori in 1836. Māori were
6
also given most of the smaller-offshore Islands,
places that Moriori had used for centuries for
birding and sealing expeditions. Many of these
Islands were also later sold by Māori to Pākehā
or bought by the Crown.
As noted by author Michael King in
commenting on the impact of the Land Court
decisions on Moriori: “It revealed to them that
their faith in British Law to rectify what they
saw as the gross injustice of their situation was
misplaced; not only was the Māori not to
punished for their treatment of the Moriori,
they were to be rewarded for it.”

“At 1842, Moriori were enslaved in
conditions far more serious than any
known of on the mainland at that time. A
brutal form of slavery continued there
after the last vestiges of slavery had
disappeared elsewhere”;

“What steps did the Crown take to relieve
Moriori [from slavery] after annexation in
1842? We consider steps were taken in
1863 but that those steps were not
initiated from a concern for Moriori. We
also consider that by then the main
damage had been done. At all prior times,
the Moriori plight as relayed by the Crown
agents on the ground seems simply to have
been ignored.”

On the Issue of Crown administration of
Rēkohu and concern for Moriori - [Having
regard to all the evidence before it] “….the
pattern is reasonably clear. Rēkohu was
taken by the stroke of a pen.[no visit was
made to Rēkohu or consultation was
undertaken with Moriori] It was
administered thereafter with casual
indifference
for
the
inhabitants.
Expressions of concern for the local
inhabitants by central government were
exceedingly rare, and support for the one
official resident was nearly non-existent,
despite the atrocities to which he referred.
Crown action, such as it was, is measurable
rather in terms of advancing the Crown’s
own interest.”

“What steps did the Crown take to relieve
Moriori after annexation in 1842? We
consider steps were taken in 1863 but that
those steps were not initiated from a
concern for Moriori. We also consider that
by then the main damage had been done.
At all prior times , the Moriori plight as
relayed by the Crown agents on the ground
seems simply to have been ignored.”

“The Crown knew of the plight of Moriori.
There was an official resident on the
Islands and there were many reports over
time, but the Crown did not intervene”;

“Despite difficulties of distance, it was
feasible for the Crown to have intervened
[such as happened on the mainland]”;

“The failure to intervene cost Moriori many
lives, and prejudiced later land claims “For the lack of such a step, many died,
generations were never born, and the
Crown’s last indigenous subjects in this
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What the Waitangi Tribunal Found?
The Tribunal heard claims from Moriori and
Ngāti Mutunga between 1994-95. Evidence
and legal submissions were also presented by
the Crown. All parties had expert legal counsel;
for Moriori - Sian Elias QC (as she then was and
now Chief Justice of New Zealand) and Maui
Solomon, Barrister; for Ngāti Mutunga – Sir
Geoffrey Palmer, Mai Chen and Charles
Hirschfeld; for the Crown, represented by
Helen Aikman (later made a QC and Law
Commissioner). The Tribunal had Chief Judge
Eddie Durie (later Sir Edward and a High Court
Justice), Professor Gordon Orr, John Kneebone
and Kaumatua, Makarini Temara. Expert
evidence and claimant testimony was
presented over a 2 year period. All evidence
was tested by cross-examination and
questions from the Tribunal. There was also a
large number of legal submissions on a wider
range of issues throughout that two year
period. The process and professional
personnel involved in this claim was of the
highest calibre. After 5 years considering the
evidence, legal submissions, undertaking its
own research and writing up the case, the
Tribunal issued its ‘Rēkohu Report’ in 2001.
The following are some conclusions and
findings from that Report:


On the matter of remedies - “The main
relief by far is due to Moriori”
On the Issue of slavery – “… were there a
scale for slavery in New Zealand, from
good to bad, we would think on the
evidence that slavery on Rēkohu must
surely have stood at the nether end of the
darkest side.”
country
remained
subjected
unspeakable cruelty” (p.90);
to

“The continued survival of the Moriori as a
people is now at risk as a result of the loss
of people over this time.”

On the Issue of custom - “There stood,
above all, the Treaty promise of Justice.
This would mean that at times custom
could not be applied. That was well
understood. Cannibalism and infanticide
were amongst customs that Māori readily
jettisoned, even before 1840, and then by
then slaves had been released in most
places. What was required on Rēkohu was
a search for what was right.” (p.145)

“On Rēkohu, in 1840, Māori had none of
the elements to achieve an ancestral right,
by incorporation, by intermarriage, or by
maintaining control and burying their dead
on the land over some generations. At
1870 they had dead on the land, but then
the living had largely left. We consider
that, both at 1840 and at 1870, as a matter
of custom, Māori had no right unless they
could prove that they were merely away on
business [ in Taranaki] and intended to
return.” (p.145)

On the Issue of land loss - “We think that
the exclusion of most Moriori from owning
land [by virtue of the 1870 decision] must
have been a major factor in the movement
of Moriori to the mainland from the late
nineteenth century”

The Tribunal also found that Moriori
should have at the least received 50% of all
the land allocated on Rēkohu.
Rangitapua Horomona Rehe and
Horomona Rehe (Tommy Solomon)
Tame
Left - Ani Davis Right - Joey Matenga Ahitana
(Ashton) and Kiti Karaka
Hirawanu Tapu standing on left with other
(unnamed) Moriori
[In the next edition of the newsletter, we will
outline further aspects of the Moriori claim
and what we are seeking from the Crown by
way of acknowledgement and redress. Much
of what we are seeking is based on the
foundation that was built during the first round
of negotiations 10 years ago.]
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