The New Zealand Herald

Return of stolen land only fair path

Confiscate­d Waitara land must be given back, not sold to create a community fund as the council proposes Through this local bill, the council seeks to sell the lands, rather than return them to the original owners.

- Carl Chenery comment Carl Chenery, a Pakeha of English, Irish and Scottish descent, is based in Auckland where he is a member of Tamaki Treaty Workers.

This year Prime Minister Bill English was in Auckland for Waitangi Day and he gave a couple of remarkable and not widely reported speeches. At Orakei Marae he acknowledg­ed the progress achieved by Ngati Whatua since having the Bastion Point lands returned.

Later in the day, English visited Hoani Waititi Marae in West Auckland where he highlighte­d that we were 23 years away from 2040 — the bicentenar­y of the signing of the Treaty of Waitangi. He asked what it would take for us to be able to stand in 2040 and be proud of the steps we have taken between now and then.

One action that should be assessed against the Prime Minister’s “looking back from 2040” test, is the New Plymouth (Waitara Lands) Bill currently before a select committee of Parliament. This is a bill of national significan­ce because it relates to the lands first confiscate­d/stolen at the start of the Land Wars in Taranaki.

The New Plymouth District Council’s predecesso­rs received the Waitara Endowment lands for free from the Crown. Now, through this local bill, the council seeks to sell the lands, rather than return them to the original owners.

The fact that the Waitara Endowment lands were illegally confiscate­d is not in dispute. George Grey said so after his review in 1863. The 1927 Sim Commission said so. The Waitangi Tribunal in 1986 said so. At the Maori Affairs Select Committee hearing at Owae Marae in Waitara the chairman, Chester Borrows, told the whole hearing that this was not in dispute, and the New Plymouth District Council mayor and Taranaki Regional Council chair both agreed.

There just seems to be a gap between this fact and the ability to do the right thing — returning these lands to the original owners, the Waitara hapu of Otaraua and Manukorihi.

The council seems to have three reasons for not returning the lands to the Waitara hapu. First, the council subsequent­ly promised to sell the lands to those currently leasing them. The council and the Crown both need to take responsibi­lity for the impacts of these promises on leaseholde­rs.

Second is the claim that Te Atiawa, during its settlement, declined to purchase the lands for $23 million. (“They were given a chance and they didn’t take it.”) This story was clarified at the hearing where Peter Moreahu, one of the negotiator­s for Te Atiawa, stated: “We did not decline the offer to buy the . . . lands for $23m, we declined the offer to pay a $23m ransom to get back our lands.”

Consequent­ly, the lands were left outside of the settlement to be addressed separately. This was acknowledg­ed by Minister of Treaty Settlement­s Chris Finlayson in the third reading of the Te Atiawa Claims Settlement Bill in November last year.

He stated: “I acknowledg­e that one of the emotions being felt by some Te Atiawa today will be frustratio­n around the issue of the Waitara endowment lands. I hope this will be a generation that reaches some resolution over this land . . . ” Again, both the council and Crown need to be responsibl­e here.

Third, the bill supposedly balances the competing outcomes by using the sales of the lands to create a fund for the benefit of the wider community and Te Atiawa would have a say in how it is spent.

What the New Plymouth District Council omits (and hasn’t communicat­ed to the public) is that the Waitara hapu have already given generously. Historic documents show that $40m to $50m have been paid to the district council, its predecesso­rs and the community in lease payments from these stolen lands. That amount includes payments from those members of Waitara hapu who are leaseholde­rs on their stolen lands.

The select committee has three options. As the bill is currently written it will compound further injustice for hapu, create another Treaty grievance and lead to a likely occupation or non-violent civil disobedien­ce 150 years after the original confiscati­on. Rejecting the bill will perpetuate the injustice but it will not compound it. Amending the bill with some courage, creativity and humility, and returning the land to hapu, would not add to the past mistakes.

The land needs to be returned, with no strings attached. The Bastion Point lands that the Prime Minister was acknowledg­ing on Waitangi Day this year were given back without strings, so there is a precedent.

If we take seriously the Prime Minister’s statement on Waitangi Day this year about being able to look back from 2040 with pride in the steps we have taken between now and then, the current New Plymouth (Waitara Lands) Bill clearly fails that test.

We need courageous and creative politician­s to do the right thing. We need more of us as citizens involved in understand­ing and owning our history to ensure this is done.

 ??  ?? The Waitara Endowment lands were the first confiscate­d at the start of the Land Wars in Taranaki.
The Waitara Endowment lands were the first confiscate­d at the start of the Land Wars in Taranaki.
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