Hundreds crowd outside court as Ngāti Whātua Ōrākei status recognised

Thursday, 28 April 2022

Ngāti Whātua Ōrākei whānau hikoi to High Court to challenge Crown land settlements. (First published February 2021)

Ngāti Whātua Ōrākei have had their ahi kā and mana whenua status over Tāmaki Makaurau recognised, but not at the expense of other iwi and hapū who also have interests in the area.

The hapū took court action to stop the Crown awarding land in the iwi’s rohe (area) to other iwi as part of Treaty settlements.

The morning began with waiata, mihi and haka on the forecourt outside the Victorian brick building where hundreds gathered on Thursday.

Ngāti Whātua Ōrākei challenged the Crown’s proposal to award two of the hapū’s traditional sites to iwi from other areas.

Ngāti Whātua Ōrākei gather outside the High Court in Auckland.

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Members of Ngāti Whātua Ōrākei began the day with waiata and haka on the forecourt of the High Court in Auckland.

The sites included Taurarua, a pā site, and Waipapa Village in Beach Rd, a former fishing village.

Ngāti Whātua Ōrākei argued the Crown must adhere to tikanga and that gifting land in its rohe (area) to other iwi would be a breach of tikanga and their Treaty of Waitangi settlement. The iwi argued it had ahi kā (continuous occupation) over the rohe.

Ngāti Whātua Ōrākei gather for the decision of Justice Matthew Palmer at the High Court in Auckland.

Justice Matthew Palmer began by delivering a mihi in te reo Māori, with Ngāti Whātua Ōrākei kaumātua responding with mihi, waiata and karakia.

In his decision, Justice Palmer acknowledged the issues raised at the 11-week hearing were ground-breaking.

He had heard evidence from a contingent of historians that showed that despite gifting tracts of land to the Crown for the establishment of Auckland, Ngāti Whātua Ōrākei was largely dispossessed of its remaining lands through the 19th and 20th centuries.

It culminated in their homes and marae being burned down.

The judge said some iwi supported Ngāti Whātua Ōrākei’s action but others said it ignored other iwi who also had interest in the area.

Ngāti Whātua Ōrākei deputy chair Ngarimu Blair says his hapū holds mana whenua and ahi kā over Tāmaki Makaurau.

The judge acknowledged that there were differences in iwi histories.

“But it seems to me, that is better explored on a marae, rather than a court.” The statement was greeted with agreement and “kia ora” from the public gallery.

He invited parties to make submissions on a declaration from the court recognising Ngāti Whātua Ōrākei’s status, as well as other iwi and hapū. He also invited the various parties to reach a consensus.

Outside court, Ngāti Whātua Ōrākei deputy chairperson Ngarimu Blair said Thursday’s decision was just another step in the seven-year process that has included the hapū having to go to the Supreme Court just to be able to bring its case.

Asked why it was important, Blair said land is central to Māori identity.

“They say: ‘By women and land, men die,’ it is one of our sayings … Without the land we are almost lost and we were almost lost 60 or 70 years ago when we had only a quarter acre left. We were nearly cleansed from this isthmus …

“So whenever there’s a threat from the Government, or anyone else, to take lands from us that are rightfully ours … We’ll do everything we can to fight for our rights,” Blair said.

He said the hapū wanted respect from other iwi and hapū and to be recognised as the tangata whenua of Tāmaki Makaurau.

Blair said the case was also about holding the Crown to account. The hapū’s treaty settlement with the Crown was only 11 years old but the Crown had already breached it by offering up land in the Ngāti Whātua Ōrākei rohe to others.

“They need to respect settlements. They can’t just sign a settlement and then wash their hands of that iwi and then do actions that undermine that settlement, otherwise this will all go around again with our kids who will have to pick up the fight.”

Referring to Justice Palmer’s invitation for further discussion between iwi and hapū, Blair said Ngāti Whātua Ōrākei have been pursuing that.

“We even drove down to their rohe on the Firth of Thames to meet with them and they didn’t turn up … definitely, we should sort this out on the marae and the Crown should get out of the way.”

Marutūāhu is a collective of the iwi of the Hauraki region. Speaking outside court, Marutūāhu lawyer Paul Majurey said Justice Palmer had declined to grant three of the four declarations sought by Ngāti Whātua Ōrākei.

He said the decision also made a number of important findings.

“The court has emphasised the importance of the tikanga of all iwi.”

He said Marutūāhu have visited Ngāti Whātua Ōrākei and hosted the Tāmaki Makaurau hapū in the past.

He said the mihi to the court included recognition of treaty negotiators who had died during the process. “We’ve got to settle at some point before we lose all our people.”