Treaty Update: Urgent Hearing to be held 4-6 October 2016 at Toll Stadium


During July 2016 the legal counsels for the Ngātiwai Trust Board (NTB), the Crown and claimants participated in a judicial conference with the Waitangi Tribunal to discuss the statement of issues, the proposed hearings timetable, disclosure of information, venue and other logistics. On the 29th of July The Waitangi Tribunal released a further memorandum to confirm that they will hold the hearings at Toll Stadium on 4, 5 & 6 October 2016. In its subsequent memorandum the Tribunal clarified the matters to be inquired into at the hearings in its statement of issues.

Tribunal Statement of Issues

  1. How did the Crown require the Ngātiwai Trust Board (NTB) to demonstrate support and consent for their deed of mandate? To what extent, if any, was that support and consent shown?
  2. To what extent, if at all, did the Crown seek to establish the nature and level of support from groups who opposed the mandate?
  3. To what extent, if any, did the Crown actively protect the position of hapū and the ability for hapū to exercise tino rangatiratanga?
    1. Did the hapū referred to in the NTB deed of mandate support and/or consent to that mandate?
    2. Does the NTB mandate provide for representation of hapū?
  4. Are the remedies available under the NTB deed of mandate workable?
  5. Are the claimants prejudicially affected, or likely to be prejudicially affected, by the Crown’s recognition of the NTB deed of mandate? If so, to what extent?
  6. Was the Crown’s decision to recognise the NTB mandate consistent with the principles of the Treaty of Waitangi/Te Tiriti o Waitangi?
  7. What structures are currently available to Ngātiwai for use as a mandated entity for Treaty settlement purposes?
  8. What is the relationship between the claimants’ hapū that are listed in the NTB deed of mandate and the marae listed in section 14 of the NTB deed of mandate?
  9. If the Tribunal concludes any of the claims ae well-founded, what, if any, practical recommendations should the Tribunal make?
  10. To what extent do the claimants represent the hapū of Ngātiwai?

As previously advised, the board has paused any decisions concerning the establishment of the supporting structures in the deed of mandate including; the Negotiations Team, Kaumātua Advisors, Hapū & Marae representatives, a Research Group and two additional Treaty Claims Committee Members. 

However, we want to continue to have discussions with you, our whanau, hapū / iwi to receive your input and will continue to have hui to update you on these matters as we go.

Please click below for the latest Memorandum from the Waitangi Tribunal 29 July 2016.

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