Maori 'vindicated' by Rena report

Motiti Island iwi say they have been vindicated by the hard-hitting Waitangi Tribunal report that criticises the way the Government handled the aftermath of the Rena grounding.

The report released today found the Crown breached the Treaty of Waitangi's principals of good faith and partnership in failing to consult Motiti Island hapu and affected Maori in signing three deeds with the Rena owners and insurers.
Ngai Te Hapu spokesman Buddy Mikaere is pleased with the Waitangi Tribunal's report.

'The Tribunal found that the Crown had breached the Treaty principles of good faith and partnership - exactly reflecting our view,” says Ngai Te Hapuspokesman Buddy Mikaere.

In October 2012 the government obtained a $27.6 million settlement from owners Daina Shipping and The Swedish Club for clean-up costs incurred following the ship's grounding on Astrolabe (Otaiti) Reef on October 5, 2011.

A further $10.4 million would be paid to the Crown "for public purposes" if the remainder of the wreck is to be left on the reef.

A resource consent application has since been lodged with BOP Regional Council to the leave the remainder, or parts, of the wreck on the reef.

'Granting of that consent, particularly with the powerful support of a whole of government submission will, as the Tribunal comments, leave us feeling abandoned by our Treaty partner and we will be left alone to face the consequences of a decision in which we have played no meaningful part and which has left us powerless to protect our taonga, the reef,” says Buddy.

The Waitangi Tribunal's finding that the Crown had failed to undertake meaningful engagement or robust consultation with Maori in relation to the Rena owners' resource consent application is concise and accurate, says Buddy.

The hapu is encouraged by the fact that the Tribunal, after considering all the evidence put before it, has made it very clear that leaving the wreck on the reef would harm Motiti Maori.

'The Tribunal says the effects on the local community of a grant of consent in this instance would be wholly adverse in nature, and would involve none of the economic and employment benefits for the local or national community that are commonly asserted as arising from potential developments normally driving such a major resource consent application.”

Submissions on the resource consent application are open until August 8. The Rena owners and insurers then have five working days after submissions close to lodge for direct referral to the Environment Court.

Cabinet is expected to meet on July 28 to consider whether or not the Government will make a submission on the resource consent.

Buddy says the tribunal's release of an interim decision is valuable in terms of the forthcoming Environment Court hearing as it helps put many of the cards on the table.

The fact Maori had to take the issue to the tribunal also reveals an alarming degree of incompetence in Government, considering the Treaty of Waitangi has been part of New Zealand law for 30 years, says Buddy.

'It's like crashing a car into someone's property and walking away and leaving the wreck there,” says Buddy.

'Not only that, but the policeman who is supposed to tell you to remove the wreck, instead tells the owner of the car that they can just leave it right there.

'They (the government) have come across incompetent in this area that has been at the forefront of government policy for decades now. There is so much precedent on this, the Treaty has been pulled apart – surely we have a clear idea of what it means and how it should be applied.”

Scathing comments made about the government by the Waitangi Tribunal are unprecedented in recent times, says Buddy.

Buddy would also like to see an independent assessor look into the reef.

'Bringing evidence as contrary to what the owners and insurers are saying is very difficult. They control access to the reef and we know the mess down there is worse than what it is portrayed as.”

Graeme Hoete, kaumatua for the other Motiti Island Hapu, Te Patuwai could not be contacted.

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46 comments

Good luck and may your

Posted on 18-07-2014 17:17 | By robin bell

struggle be successful,you deserve it,in the face of much bad practice by the crown,in particular. Whats new? Robin Bell.


One day...

Posted on 18-07-2014 17:45 | By penguin

...Maori will realise that NZ is culturally made up of a very diverse range of people. For most people, the treaty is an old historic document which has little meaning in current time. Yes, the government probably got things wrong BUT the Rena affects ALL OF US, not just Maori. They should not have any more 'sway' in what happens to the ship than the rest of us as legitimate KIWIS!


Icon

Posted on 18-07-2014 19:02 | By Icon

From the day the Tribunal started, we all knew what the result would be....$$$$$


hi sunlive

Posted on 18-07-2014 22:37 | By crazyhorse

Can you please replace my last comment with this , thanks.


GO FIGER

Posted on 19-07-2014 09:41 | By doc.66

ITS NOT ABOUT WHEN WILL MAORI REALISE COMMENT ABOVE BY PENGUIN.ITS ABOUT WHATS RIGHT GO FIGER COMING FROM PENGUIN SWIMMING AROUNG OILY RENA


One Day penguin

Posted on 19-07-2014 11:52 | By robin bell

will realise,that a contract/treaty is forever, or until both signitaries agree to dissolve it. Once again penguin,its Maori who are prepared to stand against the Crown. Where are you? Hiding behind a stupid name. Robin Bell.


mmmm 10 mil !

Posted on 19-07-2014 12:51 | By ow

We could use the 10 million but is really a bribe by the insurance company to save some them lots more money and leave us with their problem for ever


Penuin, I believe in this instance you are wrong.

Posted on 19-07-2014 13:06 | By Murray.Guy

Personally, I am of the opinion that Maori of Motiti have first call, the right of refusal, in regard the future of the Rena. IFor me it's not primarily about toxic waste, the unknown future impacts (if any), the Treaty of Waitangi, the protestation of those largely unaffected who choose to milk this tragedy for their personal gain and ego (mostly unaffected). This is about 'doing the right thing' by those I consider to be the owners, the Maori of Motiti. The RENA was 'dumped and wrecked in their front yard'. First and foremost, this is NOT about the wider community, which, while certainly affected, has for the most part got off relatively unscathed. Motiti Maori must be resourced to secure independent advice, to peer review all reports. Motiti Maori demand the Rena be removed and their front yard returned! Just do the 'right thing'!


rena

Posted on 19-07-2014 13:17 | By surfsup

Could anybody please let the readers know if the Tribunal has ever turned down a claim.The island received $366.000 to help with the clean up etc,Is there a record of how this has been spent,also how was the reef being used by the islanders before the accident and last is there any record of the reef being classified as a taonga before the accident took place.


@Murray.Guy

Posted on 19-07-2014 15:47 | By penguin

I believe you are wide of the mark with your comments. Rena did/does affect all of us in one way or another. Guess you would have led the charge if the ship had been "parked" on the Ocean Beach!


Vindicated Over What ?

Posted on 19-07-2014 16:31 | By Jitter

Perhaps the Crown was thinking of all NZers and not just a small group for a change. The intent by the Crown to consult with "Maori" was evident as they wrote to every group offering consultation in Wellington. But few replied. There was considerable fault on the part of "Maori" in not taking up the offer of consultation in Wellington. They cannot expect the Crown to come to their front door every time they demand it. Occaisionally they too have to make the effort to meet the Crown on their ground for a change. The real reason "Maori" had to go to the tribunal is that it was too much trouble for them to travel to Wellington to consult with the Crown. What would their response have` been if the tribunal had said "Ok guys but you have to come to Wellington to put your case" ???


For once Murray Guy is

Posted on 19-07-2014 16:38 | By robin bell

100% correct.Not only has the Crown attempted to shaft local Maori,but the rest of us as well. Penguin and his supporters should drop thier prejudiced outlook and support all who demand the removal of this wreck. Robin Bell.


Penquin, can't you read!

Posted on 19-07-2014 17:00 | By Murray.Guy

Get someone to read my comment to you and explain. I acknowledged it has and may in the future acknowledge all of us, but to a lesser degree than those at Motiti. The wreck is in their patch! First and foremost DOE$S NOT exclude other considerations, just prioritises. If a dog craps in your front yard penquin, your neighbours may be affected by the smell, but your rights and needs must be recognised first and foremost! PS: I was on the Main Mount and Papamoa beaches in the rain from 6am the morning after the wreck, likely you were still sleeping! The morning after: https://www.youtube.com/watch?v=7lR5WaISy-g


Move it!

Posted on 19-07-2014 18:53 | By Raewyn

Murray Guy has a very Good point! I think it really has been dumped in our back yard and how Dare the Government make a decision without consulting us Locals!


@Murray.Guy

Posted on 19-07-2014 21:11 | By penguin

Thank you for your thoughts, Murray. It is interesting that you have got so acrimonious in your response to my originals. None of your sarcasm will change my point of view which, incidentally, seems to be echoed by others in one form or another. Pity you could not use correct punctuation in your comment title. I believe that questions have question marks, not exclamation marks!


Surfsup..

Posted on 19-07-2014 22:45 | By awaroa

Do your own dirty work and find out the answer to your go-nowhere question yourself. I look forward to seeing your submission to the Rena consent - that's if you can be bothered. Taking pop shots at and hating on the efforts of others from the safety and comfort of your couch seems more likely.


Jitter

Posted on 20-07-2014 11:22 | By Buddy Mikaere

I'm afraid you know diddly mate. Would you go into a meeting with the Crown with their full legal team and other experts lined up in array on their side and just you and your Auntie on the other? You'd expect you could at least have a level playing field wouldn't you. So what's wrong with us asking to have our legal advisers present too - and furthermore what's wrong in asking the Crown to pay for flying them to Tauranga? After all, they would have been flying in their whole team. Think about it.


Get Over It Whiners

Posted on 20-07-2014 19:02 | By Mommatum

Good points surfsup. Prior to the grounding I'd NEVER heard Astrolab Reef described as a taonga, nor of it being used in any significant way by Maori. As for breaching the treaty, whateva. Maori weren't the only ones affected by the Rena grounding, but the other injured parties lobbied vigorously for redress from the start without needing the government or anyone else to come knocking and offer to hold their little handie. So why didn't iwi representatives do the same if they felt what they'd already been offered wasn't enough? Why leave it until now to go to that biased body who never says No to anyone making a complaint and stir up more division here in Tauranga?? Get over it and stop embarrassing those of us who don't buy into this constant insistence on special treatment/rights.


Mommatum is correct,

Posted on 21-07-2014 09:50 | By robin bell

on one point only.The wrecking of the Rena affected many people. However the assumption that Motiti Maori,rejected the offer made,in order to extract more money is grossly dishonest. Yet again the opportunity is taken to attack Maori,their rights,their culture,their beliefs but most of all their tenacity. Grow up mommatum,narrow minds, live in narrow worlds. Robin Bell.


awaroa

Posted on 21-07-2014 22:31 | By surfsup

yet again a one eyed response to a series of perfectly acceptable questions.Sadly any person who dares to question anything to do with Maori is subjected to the "racist" label.


To Buddy Mikaere

Posted on 26-07-2014 16:48 | By Jitter

Nowhere did I say anything about you not having your legal team present at the consultations. Those are your words. If you intended to go to the consultations with just "your Auntie" present then more fool you. You could have attended the consultations in Wellington together with your legal team plus members of the Waitangi Tribunal and put in your expenses claim afterwards. There has to be what is called "good faith" on both sides. You seem to think that the Crown should pay for everything you demand before there is any justification for it. Remember "No pain, no gain". You have to indicate that you are prepared to put yourself out in such negotiations and not expect the other side to always put themselves out and suffer all the inconvenience.


Jaffa, lovely

Posted on 29-07-2014 13:31 | By YOGI BEAR

I guess in Auckland you have seen more of all of this than us in little Tauranga, and the plans there are not wonderful at all. Sadly the invasion of minds persists and is typified by Robin and the lack of any credible fact yet tabled to prove anything said to date. In fact the opposite would be nearer the truth of it. The Waitangi Tribunal decisions, the created history tabled there only undermines the minimal faith of justice being served there. Yet we are the racists ... I wonder where the Maori myth about the white mountain fairy folk came from? These being people that were already here when Maori arrived around 1400AD.


Penguin

Posted on 30-07-2014 21:31 | By Buddy Mikaere

The magna carta is a very old historic document which is the foundation of our legal system. But you wouldnt argue it has not meaning in current time would you? We realise the Rena affects everyone but not everyone is willing to stand up and say so... some hide behind little pseudonyms instead...


Go Motiti

Posted on 01-08-2014 22:36 | By HappyBay

You have more support than you know. All the best for your fight to get rid of rubbish. Rubbish left by an insured business. It's not a pretty dive wreck, it's polluting rubbish. Everyone should support the best removal their money can buy. And not everyone thinks Motiti are money grubbing rackals, for goodness sake, lose your patronising 'tudes. How good were they when it happened?


red neck penguin

Posted on 03-08-2014 07:45 | By tuatua2

Why is it whenever there is a story where maori are involved it becomes a race issue rather than the actual news item in this case the Rena. It seems to bring out all of Tauranga red neck community eg Penguin and co. Put away your white hoods and robes and stop being so divisive.


Tuatua2

Posted on 04-08-2014 11:41 | By YOGI BEAR

Divisive? That's a bit rich, The only devisive part here is that some (minority) have a hand out for freebees that no one else can get or even thought about getting. So if that appears "racist" or something oh dear how sad take a look at yourself about how it looks and then you will understand the problem unfolding a little better.


Freebies,

Posted on 04-08-2014 15:40 | By robin bell

by their very nature,have to be free. Perhaps yogi bore can explain how,if an asset is stolen,and reparation paid,how can that be deemed a "freebie"? Of course it can't,except in the narrow minded world of our resident red-necks yogi and Co. Robin Bell.


It does seem to me....

Posted on 04-08-2014 23:35 | By groutby

..that as soon as an issue (pick one, any local issue) comes up then local Maori have comments to make and hands outstretched as far as possible..the Astrolabe reef was always there with no interest shown in it whatsoever until a boat whacked into it...well whoop de do !..absolutely NO "disaster" whatsoever, yes an untimely and sad major incident yes, no human lives lost?..wildlife substantially less than false claims made?, and years later are still quibbling about the small stuff...get over yourselves guys..a new sun is rising again in the morning, live for that, not yesterday...


Groutby

Posted on 06-08-2014 00:45 | By YOGI BEAR

Yes looks very much to be the case of it, hands-a-plenty when even the remotest chance appears in the distant horizon. Rena a case in point.


Groutby,yesterday

Posted on 06-08-2014 16:32 | By robin bell

can not be forgotten,you don't,why expect others to? You and your fellow Whingers never complain when your history is celebrated,when issues from the past are discussed,why then complain now? Motiti Maori,have treasured the reef for hundreds of years. It is a breeding,fishing and spiritual place to them. Understand it,support them in their battle,and you may come to treasure it yourself. They are not the problem,you are. Robin Bell.


Well, I guess it's because..

Posted on 06-08-2014 23:41 | By groutby

Maori make it up as they go on.. listen to my reply to your words Robin,..the reef for "hundreds of years"..get real please, you do not actually know this, and, breeding..?? (the mind boggles here so I will move on)..fishing, (we would all enjoy that pleasure) and a "spiritual" place, Robin you are really pushing the (hopefully fishing) boat out here, this as you very well know can mean absolutely anything you wish it to, the reason why many believe the Treaty in which the way it is presented by Maori is a total "have" and has been for many years....so, is it possible for you to absolutely and for the first time tell us what you believe is the "final" deal to end all Maori claims and divisvness in New Zealand?..as in, your ultimate goal?..by the way, "our" history is yours also..enjoy.


pictures don't lie

Posted on 07-08-2014 09:18 | By HappyBay

Check out the pictures on the latest Rena story. Groutby, it IS a disaster. Forget the kneejerk reactions. Motiti residents just asked for a say in what happens in their backyard and fair enough. 4000 tonnes of trash is an important issue, for them and everyone who uses and enjoys the environment.


Ultimate goal= justice

Posted on 07-08-2014 16:48 | By robin bell

groutby. All reefs,that are not polluted,are breeding grounds for sea life. In this case,fish,crayfish,kina,paua,mussel.I could go on,but no point. Food for Maori and all. When Cap'n Cook visited the Bay,he recorded "several fortified Dwellings" I know you don't trust Maori history groutby,( unless it suits) but Cook couldnt,possibly have lied. That was hundreds of years ago,I don't guess grouby. I have just spent three days at a Tangi,celebrating the life of a relative,friend and brother. Maori,Pakeha joined in the true New Zealand way.Your ignorance of Maori,their spirituality and ways,is your loss. What I stand for groutby should be obvious by now,even for you. Robin Bell.


WHOOOOOOOOO!

Posted on 07-08-2014 21:08 | By Jeromy Murkin

Part maori "vindicated" by Waitangi tribunal, what, is that like being "vindicated" by a real court with "legal standing"?????. no!


Thank you Robin,

Posted on 07-08-2014 23:46 | By groutby

I almost got to enjoy your more rational comments in regard to my comments. And, by the way my sincere condolences to the loss of which you refer. Maori/Pakeha = New Zealander..yes?..we are indeed making progress here. Robin, I am not (intentionally) "ignorant of Maori" (to be fair to myself, whatever ignorant means to you),and realistically "spirituality" can mean anything to anyone(as you say "if it suits") so I won't get hung up on that one.But, to ask again, and referred to in your title, .."Ultimate goal = Justice" is what ?..be true to Maoridom and if you know the answer do tell..let's see it it text.


Ignorance,groutby

Posted on 08-08-2014 13:32 | By robin bell

is to be uninformed,as I believe you and others are.Chosing instead to use the more convenient "rationale" proffered up by those who you seem to follow. In your case i.e. Maori have their hands outstretched as far as possible" Maori "make it up as they go." No interest in the Astrolabe reef. All designed to belittle. My brother inlaw (thanks for the condolences) fished and dived the reef for over 50yrs as did his ancestors,Fact. My ultimate goal groutby is two fold. One,to see the current process successfully completed,without the interference of detractors like you.Two, to see my family reach their true potential as modern Maori,if they and only they,so chose. I don't hold my breath in either case. Robin Bell.


Ultimate goal=apartheid

Posted on 08-08-2014 15:37 | By Jeromy Murkin

Permanent welfare for the "chosen few". Just like here, money for nothing "tricks for free", that wreck will stay there, everyone specially Bud and the Motiti mob know this, not costing them a cent to chase this so what have they to lose?, anyone who attended these theatrics by the tribunal and so called lawyers for the crown, "thats us " would have heard mentioned quickly and nudge nudge nudge wink wink a "solution could be found, that solution, between 5 to 10 million, oh and one thing more, our lawyers are not suppose to sit there agreeing with theres, they are suppose to be in there giving it there best shot. The troughing machine in full flight, sit back and be amazed, the TAB should be running odds on how much "koha' the bruz wind up with and remember this cost them nothing, you payed for it nz.


Surfsup

Posted on 09-08-2014 13:39 | By awaroa

Where in my response do I accuse you of being racist? Nowhere. I suggested you find the answers to your own questions that evidently lead to a dead end anyway. I suggest your the one with one eye and the only reasonable assumption I can make as to your accusations of being labeled a racist come from the fact I use a Maori name. Perhaps your self diagnosis is correct after all.


VINDICATE THIS!

Posted on 11-08-2014 09:29 | By Jeromy Murkin

Great example of whats going on in NZ. How Nz slithers into the future under apartheid rule of National and part maori "partners". A TRAINING COLLEGE GRADUATE ON THE CULTURAL CORRUPTION OF TEACHERS. NEW TEACHER STANDS UP AGAINST RACIAL INDOCTRINATION! one interview — and no job. Forced to conclude that his preference for truth, civilisation and racial equality has made him a pariah to the pinko, pagan-worshipping, West-hating educational elite in his homeland, last Saturday he boarded a plane to go teaching in a country that values his knowledge more highly. http://treatygate.wordpress.com/2014/08/10/preparing-the-parrots-a-training-college-graduate-on-the-cultural-corruption-of-teachers/


VINDICATE THIS!

Posted on 11-08-2014 09:40 | By Jeromy Murkin

$80m for river woes, $30m for ???????. THEY SAID "OUR" WATER not part of the national governments deal with part maori. tribes associated with the Whanganui River will receive more than $80-million to settle their river claims while a further $30-million fund will be set up for river-related tribes to apply for "grants" out of, according to an agreement signed this week. The claims relate to use of the river and ownership of the riverbed, the latter of which has been thoroughly investigated, rejected, and brought back to life when claims back to 1840 were allowed. The signing took place at Ranana Marae, 60km up the river, on Tuesday, August 5. With a length of 290km, the Whanganui River is the country's third-longest river, flowing from Mount Tongariro to the coast at Wanganui. It is the country's longest navigable river. http://breakingviewsnz.blogspot.com.au/2014/08/mike-butler-80m-for-river-woes-30m-for.html


Cultural corruption,

Posted on 11-08-2014 12:43 | By robin bell

by Murkin and his Treatygate Troughers.Sounds like a rock group. N.Z settled by a force of Celts,3,000 yrs ago.Sorry no proof. Seven pre Maori civilisations,sorry no proof. One surviving member of No. seven, "Monica" must be true,she has red hair.D.N.A.same as the rest of us,but no matter.Littlewood "treaty" sorry no signitures,but hey!who needs such formalities. Now they've jacked up an out of work teacher to "prove" how evil New ZEALANDERS are. Yep! they are the ones to run our country,for us idiots.Latest release,from this group, "Dinosaurs Live Forever" Robin Bell..


WORRIED, WOBBY????

Posted on 12-08-2014 08:56 | By Jeromy Murkin

Why not have an open mind on questions being asked about pre-maori NZ if you were serious you would be fighting a crusade to get part maori to "compensate" moriori for their near "extermination". Archaeologists including some from the government did a lot of research around NZ around,in Waipoua valley they must have found some pretty interesting stuff, why do I think that,they have hidden it away. When the significance of the Waipoua information was realised, certain New Zealand Government Departments produced an official archival document, which clearly showed an intention to withhold this archaeological information from the public for a period of 75 years. Below is the "Embargo" document signed by Archaeologist, Michael Taylor. It states that neither the general public nor bona fide research workers were permitted to view the results of the digs until the year 2063. This archaeological information was deemed "top secret". http://www.unexplained-mysteries.com/forum/index.php?showtopic=16403


ARCHAEOLOGICAL COVERUP

Posted on 12-08-2014 11:08 | By Jeromy Murkin

Maori elders have talked about the people here before them as much as anyone else, , describing them as the "tanga te whenua"or are they liars to Bell,another case of well it "suited at the time", Now why on earth would they do that, you got to admit there must be something of interest or threat to the treaty troughers if they are with holding "evidence" that even maori admit to. One of these embargos of recent years included a 75-year suppression of information related to a cache of large stature skeletons at Waikaretu, 12-miles SSE of Port Waikato. The very tall people (measured to be 7-feet or more) were laid out on cut shelves in a cavern, which was exposed during road widening excavations. Anthropologists from Auckland and Waikato Universities were called in and, to the dismay and disgust of the roading contractors, it was moratoriumed, hushed up.


Littlewood

Posted on 15-08-2014 10:30 | By YOGI BEAR

Robin, it is referred to as the "Littlewood draft" and it is what was written on 4-5/2/1840, then translated to Maori and then that was read out and signed by hundreds of chiefs as well as Hobson. On the other hand you refer to the Freeman version, that was "created well after 6/2/1840, so did not even exist when it mattered.


pfft

Posted on 15-08-2014 20:23 | By jjrk

the waitangi tribunal is a crock. i remember been taught the treaty at school. was a simple 3 short paragraph thing. im amazed at all the extras that have been included like things things covering ship wrecks *rolls eyes. im sure it was pretty much a "we won't kill you" treaty. imagine how much better off the country and all kiwis would be if the thing didnt exist


Roser

Posted on 17-08-2014 13:33 | By YOGI BEAR

With you on that.


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