Wha¯nau feud escalates over muttonbird island
A wha¯ nau feud involving breaches of tikanga, police and banishment from an offshore muttonbird island have been heard in court.
Toni Reihana alleged mismanagement of the Tı¯tı¯ Islands, a group of 21 islands reserved for Rakiura Ma¯ ori, and took his case to the Court of Appeal.
Like other descendants, Reihana has a right to enter a particular island to take tı¯tı¯ chicks – also known as muttonbird or sooty shearwater – in season. His rights were for Hinekuha manu on Te Kanawera island, where he was supervisor.
Before matters boiled over in 2015, Reihana banned his cousin, Pierre McManus, from the island, alleging he had committed ‘‘serial breaches of tikanga’’ (correct procedure). A Court of Appeal decision released this week did not explain what the alleged breaches were.
Reihana said the power to exclude another beneficiary was a customary power vested exclusively to him as the area’s appointed supervisor.
The Tı¯tı¯ (Muttonbird) Islands Regulations (1978) established a framework for self-governance of the islands, by those who had the knowledge and experience needed to govern according to tikanga.
On February 21, 2015, Reihana was removed as supervisor at an AGM of the Rakiura Tı¯tı¯ committee, despite having written nominations from his family. McManus was then appointed to the role. Reihana argued that was unlawful and that his cousin was unworthy of the role because of his alleged tikanga breaches.
Reihana alleged that, at the instigation of McManus, the committee declined him permits to bring builders onto the island to complete his partially built whare (house).
On March 15, 2015, Reihana’s builders accompanied him to the island, but the committee removed them two days later, with police assistance, on the grounds no permit had been issued.
Reihana said the two builders were wha¯ nau members who did not need a
Island regulations
T¯ıt¯ı harvesting allowed only between April 1 and May 31.
Each person must refill holes in burrows.
Dogs must be chained up, unless used to catch the birds.
All cats are prohibited.
No firearms.
Beneficiaries can build a house on an approved site, but only after it is approved by either the majority of residents, or the supervisor if they can’t agree. permit. He sought compensation for the wasted cost and the subsequent water damage to his whare.
He also alleged McManus had erected four structures without obtaining the approval of other beneficiaries.
Under-pinning the claims was an ‘‘intra-wha¯ nau dispute over rights at Hinekuha manu and what may be a broader dispute among Rakiura Ma¯ ori about rights and obligations under tikanga’’, the Court of Appeal’s decision said.
The court noted that while Reihana had pleaded allegations of law, the underlying rights and obligations involved tikanga.
It dismissed the Reihana’s appeal, saying the situation should be resolved under the regulations set by Rakiura Ma¯ ori, because they had vested governance on the islands.
The court also noted that any judicial review sought by Reihana was likely to go back to the committee.