Maori: Haronga v. Waitangi Tribunal

Individual hapu can have property rights which differ from iwi-wide claims. The Waitangi Tribunal has been told to exercise its statutory powers to ensure claimants receive justice. The Supreme Court criticised Tribunal orders which forced Poverty Bay Maori to wait and have their claim to forest assets lumped in with wider iwi claims.

The Tribunal was told to expedite its 2004 report which found that a government 1961 purchase of land in Mangatu State Forest breached the Treaty of Waitangi. Previous Maori owners feared their successful land claim would be diluted by a contemporaneous iwi-wide claim. Rather than make a direct order, the Tribunal had suggested a district-wide negotiation with government to progress the settlement of all local claims with the intent of “increasing the pie” of assets available for compensation.

The court was told 100,000 acres of Mangatu land were vested in local Maori back in 1881. The government purchased a block of nearly 10,000 acres in 1961 for erosion control. This block amounts to about one quarter of Mangatu State Forest, inland from Gisborne. Revenue has been accumulating from logging the forest. Previous Maori owners want access to this revenue, especially since the 2004 Tribunal report supports their claim.

Legislation governing forestry Treaty claims requires that the Tribunal “should” consider return of forest land where a breach of the Treaty has been proved. The Supreme Court ruled that the Tribunal had failed to consider this option. An urgent hearing by the Tribunal was ordered.

Haronga v. Waitangi Tribunal – Supreme Court (19.05.11)

05.11.005