Claiming
Maori customary law sits over Crown prerogative, Ngati Whatua is creating
constutional waves by asserting governance and control within its rohe in what
is the first iwi challenge to government conduct subsequent to a Treaty
settlement.
Ngati Whatua Orakei in Auckland is
challenging the manner in which government is settling Treaty grievances with
neighbouring iwi across the Auckland isthmus.
It claims government must get Ngati Whatua consent before offering Auckland
land to other iwi as part of their Treaty settlements.
Litigation was triggered by government
offers to transfer land in Auckland at 71 Grafton Road and 136 Dominion Road to
Ngati Paoa as part of an iwi specific Treaty settlement. Ngati Whatua alleges this breaches its 2006
Treaty settlement. It claims rights of
first refusal to the land and says its consent is required if the land is to be
offered elsewhere. Government says the
2006 settlement was an agreement in principle only and was superseded by subsequent
agreements covering multi-iwi claims across the Auckland isthmus.
What on the surface looks to be no more
than a boundary dispute between two iwi has explosive consequences within
Maoridom: Ngati Whatua is claiming rights of Maori customary law over all Treaty
issues in the central Auckland region.
Treaty settlements with neighbouring iwi are being delayed.
Justice Wylie ruled this was too big an
issue to be decided in a preliminary hearing between the primary
litigants. He ordered all neighbouring
iwi with a potential interest in the outcome be served with notice of the case.
Ngati
Whatua v. Attorney-General – High Court (4.03.16)
16.039