Loss
of land in pitched battles between Ngati Te Ata and Ngati Tamaoho in the 1840s
was revisited in a High Court challenge to Ngati Tamaoho’s proposed Treaty
settlement. The High Court blocked Ngati
Te Ata attempts to veto implementation.
The two iwi claim mana
whenua over land bordering the southern shores of Manukau Harbour, south
Auckland. Ngati Tamaoho has negotiated a
$10.3 million Treaty of Waitangi settlement, currently awaiting parliamentary
approval. Government set in train the process of earmarking two properties in
South Auckland for transfer to Ngati Tamaoho: 725 Great South Road, Wiri and
112 Bairds Road, Otara. Ngati Te Ata
objects. It lays claim to the two properties,
disputing Ngati Tamaoho’s Treaty claim.
Treaty settlements
across Auckland isthmus are hampered by multiple claims and cross claims. Multiple iwi are neighbours; sharing kin
groups with overlapping interests in land, history and whakapapa. A dozen Auckland iwi signed up to a 2012
Collective Redress Deed providing a framework for multiple Treaty negotiations. The Deed, now enshrined in legislation, sets
out a process for identifying properties (described as right of first refusal
land) which might be used as commercial compensation in settling Treaty claims.
In the High Court,
Ngati Te Ata challenged government steps setting aside first refusal land for
Ngati Tamaoho. In essence, this was a
challenge to the breadth of Ngati Tamaoho’s Treaty claim. Reference was made to battles fought between
1845 and 1846 in which a victorious Ngati Te Ata recovered disputed land. Ngati Te Ata claims defeated Ngati Tamaoho then
proceeded to sell land it no longer controlled.
Justice Whata ruled
government followed the procedure set out in the Collective Redress Act when
setting aside land for Ngati Tamaoho’s settlement. This could not be overturned merely because
another iwi claimed a genuine tikanga-based interest in the land. That would amount to a veto over Treaty
settlements, he said.
Ngati
Te Ata v. Minister for Treaty Negotiations – High Court (25.08.17)
17.111