Government slammed over lake

The Waitangi Tribunal has slammed the government over repeated and ongoing breaches of the Treaty of Waitangi over Lake Waikaremoana in the southern Bay of Plenty.

In the latest of a five-part finding on the treaty claims over the lake, the tribunal finds the government guilty of seven treaty breaches, dating from the early years of the 20th century.


Lake Waikaremoana.

The tribunal found that the Crown failed to provide recognition of people's relationship with the lake, through a community title specific to a taonga waterway - a form of title that recognised their tribal kaitiakitanga and tino rangatiratanga.

The Land Court, in accordance with the native land legislation, instead individualised the title to the lakebed.

The second finding of Treaty breach is that, in the 1930s and early 1940s, the Crown negated the urgent attempts of the Maori owners and the Appellate Court to get it either to prosecute its appeal, or give it up.

They were also found to have unfairly discriminated between tribes when it accepted and settled other Maori lake claims (including Taupo and the Rotorua lakes) by negotiation in the 1920s, yet persisted in its Waikaremoana appeal.

The Crown's delays effectively denied Maori access to the courts.

In the meantime, the Crown continued to use the lake as if it was the owner, and its actions were prejudicial to the mana, the tino rangatiratanga, and the economic well-being of the Maori owners.

The third finding is that the Crown breached the Treaty when it acted in an unprincipled and unfair manner after the decision of the Maori Appellate Court went against it in 1944.

The Crown continued to deny Maori ownership for a further 10 years, yet failed to take the necessary action in the mainstream courts that would have settled the matter.

Presiding officer Patrick Savage says: 'Prime Minister and Minister of Maori Affairs Peter Fraser showed the way when he said in 1947 that the Government must accept the Appellate Court's decision and negotiate with the owners.

'Even so, he did not do this until 1949, and lost office before he could take matters very far. Overall, the Crown's conduct from 1944 to 1954 breached the standards of active protection and good faith required of a Treaty partner.

'The Maori owners of Lake Waikaremoana were prejudiced because the Crown prevented the Maori Land Court from completing their titles, and denied their mana, tino rangatiratanga, and their legal ownership of the lake.”

'They were denied the rights of owners, including any economic benefit, while the Crown continued to control and use their property throughout this period without permission or payment.”

Other findings include the Crown acting inconsistently with the plain meaning of article two of the Treaty when it refused to include payment for use of the lake for hydroelectricity in the negotiations for the 1971 lease.

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9 comments

here we go again

Posted on 15-12-2014 12:42 | By surfsup

Blah blah blah blah blah .Makes about much sense as the Waitangi tribunal


Lets get rid of it!

Posted on 15-12-2014 13:01 | By SonnyJim

How about we slam the Waitangi Tribunal out of the park?


Overit

Posted on 15-12-2014 14:21 | By overit

Throw some money their way and it will go away, perhaps. Apparently this is the new round of grievances, stating that the first round omitted something or did not go quite according to plan.


So sad

Posted on 15-12-2014 16:15 | By awaroa

The ToW isn't going to disappear. Best you unilateral thinking moaners get over yourselves.


so sad

Posted on 15-12-2014 16:35 | By surfsup

Awaroa you are possibly quite right and sadly the rort that is now taking place under the guise of the To.W will simply inflame yhe situation as it would appear that there is nothing that cannot be claimed under the T.O.W an amazing document depending which version you refer to which like nostrodamus could forsee things that didn't even exist when it was signed.


There is no rort,

Posted on 15-12-2014 17:44 | By robin bell

surfsup, unless of course you refer to the last 150 yrs. or so. That you live in denial is sad,but the that's how prejudice affects people. Justice has a way of sidelining people like you,which of course is a good thing. That the internet allows you to vent your prejudice is also very sad, but hey! we can live with that. Robin Bell.


Oh Yes It Is

Posted on 15-12-2014 20:01 | By Jitter

The TOW and highly biased Tribunal will disappear, maybe not in the immediate future but in the not too distant future. Watch and learn.


relationship with the lake

Posted on 15-12-2014 20:20 | By YOGI BEAR

Not sure really what level historically that could possibly be, I think that originally Maori found the lake to be useful much like Lake Rotorua has become. Toche I say.


There is no rort

Posted on 16-12-2014 10:28 | By surfsup

Free speech is paramount to any decent society Mr Bell. Sadly your post follows the same line(s) you always use which simply reads have an opinion different to mind and you are racist, a redneck or prejudice. In my case none are true, I like many others sit back scratch our heads at what is happening, as we do this we also communicate with our maori friends and work colleagues who may or may not agree with our thoughts but never the less respect our views as I do yours even though I may not agree with them.


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