Political Reviews

Micronesia in Review: Issues and Events, 1 July 2016 to 30 June 2017 michael lujan bevacqua, elizabeth ua ceallaigh bowman, monica c labriola, clement yow mulalap

Polynesia in Review: Issues and Events, 1 July 2016 to 30 June 2017 peter clegg, lorenz gonschor, margaret mutu, chris nobbs, ‘umi perkins, steven ratuva, forrest wade young

125 174 the contemporary pacific • 30:1 (2018)

.huffingtonpost.com/entry/hawaii-the Another kapa haka exponent, orator, -harbor-homeless-camp_us musician, and gifted saxophonist, _564bca7de4b08cda348b6914 the Reverend Te Napi Tūtewehiwehi Wong, Julia Carrie. 2017. Mark Zucker- Waaka, passed away in November. He berg Drops Lawsuits to Force Hundreds of was Tainui and Ngāti Pikiao and was Hawaiians to Sell Him Land. The Guard- well known for his charismatic charm ian, 27 Jan. https://www.theguardian and his ability to send crowds into fits .com/us-news/2017/jan/27/mark of laughter (Māori Television 2016b). -zuckerberg-drops-hawaii-land-lawsuits Within a fortnight, his relation Mita Yu, LiAnne. 2016. Living Paycheck to Mohi of Ngāti Ranginui, Ngāi Te Paycheck in Paradise. Hawaii Business, Rangi, Ngāti Rangiwewehi, and Ngāti March. http://www.hawaiibusiness.com/ Tūwharetoa also left us. As an expo- living-paycheck-to-paycheck-in-paradise/ nent of the art of mau rākau (Māori weaponry), he had set up programs to train young men, including thousands who were at risk, in traditional Māori Issues weaponry skills (Makiha 2016). It was a year of some highs, which The loss of Awanuiārangi Black at included a number of Māori athletes the age of forty-eight soon after was competing in the Olympic Games keenly felt. A leader of Ngāi Te Rangi, and their medal haul, as well as two Ngāti Ranginui, Ngāti Pukenga, and important victories in the courts. Ngāti Raukawa ki Ōtaki, he served But the battle for justice, equity, and on a number of bodies including the recognition of Māori rights continued National Iwi Chairs Forum, the Bay of unabated in the face of increasingly Plenty Regional Council, and Te Taura harsh socioeconomic conditions and Whiri i Te Reo (the Māori Language an uncaring government. Before we Commission). He also led the cam- consider a selection of these successes paign for formal commemorations and struggles, we pause to consider of the British invasion of Tauranga some of the many Māori leaders we Moana in the 1860s (Cairns and lost over the past year. others 2016). A fortnight later, singer Ngāpō Wehi of Ngāi Tūhoe, Bunny Te Kōkiri Miha Waahi Wal- Whakatōhea, Ngāpuhi, Te Whānau ters (Ngāi Te Rangi) passed away. He a Apanui, and Ngāti Kahu—kapa recorded a number of hits in the 1970s haka exponent, composer, choreog- (Māori Television 2016a). rapher, and teacher—passed away In January 2017, it was Ngāpuhi’s in July 2016. He and his late wife Iwi Puihi (Percy) Tīpene, founding Pīmia had been involved in kapa member and chairperson of Waka Kai haka (traditional Māori performing Ora (Māori Organics Aotearoa). Percy arts) for more than fifty years. They had extensive knowledge of primary earned respect and recognition as industries, having been a government two of the great leaders of the art, auditor, advisor, and technician. He leading their kapa haka teams to win combined this experience with a deep prestigious national competitions six knowledge of tikanga (Māori law) to times (Haami 2013, 7; Mane 2016a). establish the world’s first indigenous political reviews • polynesia 175 organic verification system, Hua about the pollution of the Manukau Parakore (Hutchings and others 2012; Harbour in Auckland and the Waikato Organics Aotearoa New Zealand River, as well as her fight to stop New 2017). We also lost Tama Nikora in Zealand Steel digging up her ances- January. Tama was a former chair- tors’ bones from iron sands on the man of the Tūhoe Waikaremoana west coast, that eventually brought Trust Board and their spokesperson a halt to the abuse and despoliation. throughout the Urewera inquiry in This claim also saw Māori responsibil- the Waitangi Tribunal. He strongly ity for the well-being of the natural criticized and opposed both the Tūhoe environment recognized in legislation. settlement and the Central North Ngāneko had to seek support from the Island settlement, which extinguished United Nations in her endless battles the claims that he had fought so against the Pākehā (European) igno- hard for (Te Kani Williams [Tūhoe], rance and greed that had wrought so pers comm, 14 July 2017). Tainui’s much damage to her ancestral seas Tokoroa Pompey passed away in and lands. That resulted in the first of February. Another gifted saxophonist, the now three reports of UN rappor- as well as a singer, comedian, and teurs who were invited to investigate all-around entertainer, he was a the state of human rights of Māori, member of several of the Māori all of which have condemned the New showbands that toured nationally Zealand government’s treatment of and internationally in the 1960s and Māori (Daes 1988; Stavenhagen 2006; 1970s. He was a strong supporter of Anaya 2011). We bade each of these Tainui’s Kīngitanga movement and leaders and many others farewell over acted as spokesperson for both the the past year as they commenced their queen, Dame Te Atairangikaahu, and journey to join their ancestors. her son, King Tūheitia (Gardiner- We were excited to see the number Hoskins 2014). In May, it was lawyer of Māori who competed in Rio in John Te Manihera Chadwick (Ngāti the Olympic Games in August and Tūwharetoa and Ngāti Kahungunu), the Paralympic Games in Septem- the founder of the New Zealand ber. Māori Television listed fifty- Māori Law Society. He mentored four Māori athletes, coaches, and generations of young Māori lawyers, an official, with forty-nine of them saw each of the three partners in his representing New Zealand (Mane Rotorua legal firm become judges, 2016b). Forty-six took part in the and made huge contributions to the Olympics and made up one-quarter community, especially young people of the New Zealand team. Four took (Adlam 2017). Then, in June, we lost part in the Paralympics. Our canoer one of the most outstanding and for- extraordinaire, Lisa Carrington (Te midable advocates for the recognition Aitanga a Mahaki, Ngāti Porou) led of Māori authority and power in the the New Zealand Olympic team medal environmental arena: Dame Ngāneko haul with a gold and a bronze. Our Minhinnick of Ngāti Te Ata, Waiohua, sevens rugby women, ten of whom are and Waikato-Tainui. It was Ngāneko’s Māori (in a team of fifteen) won silver. claim to the Waitangi Tribunal Australia, who had Amy Turner of 176 the contemporary pacific • 30:1 (2018)

Tainui on their team, beat our team to But an increasing number of Māori the gold. But it was the medal haul of leaders have continued to speak out our Paralympians that was outstand- and, in recent years, have been joined ing: Cameron Leslie (Ngāpuhi) won by some Pākehā leaders (Husband a gold in swimming; Emma Foy (also 2016). In September, in a move that Ngāpuhi) won a silver and a bronze reflected the growing realization that in cycling; and Holly Robinson (Ngāi the issue can no longer be ignored, the Tahu) won a silver in javelin. Human Rights Commission launched Back home, the ongoing issues its “That’s Us” campaign as New that continued to gnaw at Māori and Zealand’s first anti-racism campaign. sap our energy included ever-present It called on New Zealanders to share racism, homelessness, and the abuse their stories of racism, intolerance, of Māori children in state institutions. and hatred, and then published a On top of these, Māori continued to large number of them on its website try to protect ourselves from legisla- (NZ Human Rights Commission tive moves to remove even more of 2017). Complementing that was the our rights, including the divisive treaty June/July edition of the long-running claims settlement process; the rewrit- Mana magazine, which focused on ing of the Māori Land Act; the imple- racism and ran under the title “New mentation of the Marine and Coastal Zealand’s Shameful Secret” (Hayden Area Act, which is the largest ever 2016). The issue included in-depth confiscation of Māori land; and the articles on institutional racism—in refusal to recognize Māori ownership the health care system, in the justice of fresh water—all of which demon- system, in prisons, and in state welfare strates the New Zealand government’s institutions. Each piece drew on well- ongoing lack of compliance with the known research and painted horrific United Nations Declaration on the pictures of the realities of each of these Rights of Indigenous Peoples. The rest sectors. They highlighted the govern- of this review will consider how Māori ment’s callous and uncaring refusal to tried to address each of these issues address the problems in any meaning- over the past year. This includes not- ful way. In June, the Human Rights ing a few positive highlights. Commission reported having reached For many years now, academics more than three million people with and a number of Māori profession- its “That’s Us” campaign and that als have been drawing attention to it was launching the second stage the damage caused to Māori by the of its campaign, “Give Nothing to systemic racism that pervades both Racism,” aimed at stopping interper- government and nongovernment sonal racism. The campaign is being institutions (McIntosh and Mulhol- fronted by the 2017 New Zealander land 2011). Denial of the existence of the Year, Taika Waititi (Te Whānau of racism is problematic, with some a Apanui), the award-winning film Pākehā (Europeans), fearing the loss director, actor, and comedian, whose of White privilege, characteristically best-known achievements to date are seeking to silence individuals who his films Boy and Hunt for the Wilder- raise the issue (Abel and Mutu 2011). people (tvnz 2017b). political reviews • polynesia 177

Difficulties faced in trying to over, the brutality of colonization and eradicate racism stem at least in part the racism that underpins it has never from what leading constitutional ended. The plight of Māori children in expert Moana Jackson has labeled a state welfare institutions has high- “deliberate misremembering” of the lighted most starkly the immeasurable country’s brutal history of British harm that has been done by succes- colonization (2016). Although the sive governments’ refusal to inter- Waitangi Tribunal has been report- vene and stop the racist behavior of ing in detail over the past thirty-five those entrusted with the care of those years on the atrocities committed, this children. New Zealand is one of the history is still not taught in almost all few commonwealth countries not to of the country’s schools. For several have had a public inquiry into child years now, Māori in the areas invaded abuse in state institutions. The report by the British in the 1860s have been of the Confidential Listening and holding commemorations. Initially, the Assistance Service sounded the alarm government refused to contribute or about abuse dating back to the 1950s participate. In 2014, two high school (Henwood 2015). Having listened students mounted a petition calling for to the accounts of more than 1,100 a national day to commemorate the survivors, Judge Caroline Henwood, British invasions. In October 2016, the chairwoman of the service, wrote, “I government announced that starting in was deeply shocked by the stories and 2017, 28 October would be the “New by the overall level of violence and Zealand Wars” commemoration day. abuse that New Zealanders were will- A more accurate description would ing to inflict on children. . . . The most be the “Sovereignty Wars” to reflect shocking thing was that most of this the fact that they were wars to take was preventable. If people had been power, lives, and land from Māori. doing their jobs properly and if proper The misnaming of the day raised ques- systems had been in place, much of tions about whether it signals that the this abuse could have been avoided government would persist in trying to with better oversight” (2015, 12). silence hapū (grouping of extended Stories reminiscent of the treatment families) and iwi (nation) knowledge of Native American and First Nations of the injustice, cruelty, and brutality children in the residential schools of of the invasions. As Jackson noted: “If the United States and Canada and a commemoration merely expresses the stolen generations in Australia regret for the painful wrong of wars are now being heard in New Zealand without having the courage to address (Smith 2009, 29; Newshub 2017). [the constitutional and political power Henwood approached National Iwi structures it imposed] through a Chairs Forum desperately seeking process of constitutional transforma- support for the victims of the state tion, it is not a commemoration at all. welfare institutions, most of whom It will simply be a deceit, rather like a are Māori. While the service is bound burglar regretting the wrong but keep- by confidentiality not to divulge the ing the spoils” (Jackson 2016). details of the abuse, iwi leaders knew While the Sovereignty Wars may be about it and supported Henwood. So 178 the contemporary pacific • 30:1 (2018) too did the Human Rights Commis- to non-Māori. The tribunal’s recom- sion and a number of prominent New mendations included creation of a new Zealanders who sent an open letter to Māori-specific strategic framework, the government calling for an indepen- the development of targets to reduce dent inquiry (Johnston 2017). Hen- Māori reoffending rates in partner- wood also drew up “A Covenant for ship with Māori, and the Crown’s Our Nation’s Children,” a statement establishment of a dedicated budget to that commits to protecting children appropriately resource these actions. from violence, abuse, and neglect and Homelessness also continues to to providing them with a proper stan- have a disproportionate impact on dard of living. It also promises to sup- Māori. Last year’s burgeoning home- port their emotional and mental well- less figures have continued to escalate being, provide them with education, to the point that they are higher than and take children’s views into account at any other time in recent memory (Henwood 2016). The National Iwi (Twyford, Davidson, and Fox 2016, Chairs’ Forum signed the covenant in 2). In many cases, those affected are August, but the government refused working families. No longer is the to endorse it and has continued to problem evident only in Auckland and refuse to hold an inquiry into abuse of the bigger cities; it is also on the rise children in state institutions. in Rotorua, Tauranga, Hamilton, and Many Māori children who were Kaitāia as the homeless travel farther state wards end up in prison in later afield trying to find relief. Although life as a result of the abuse. In April, the government ignored calls for an the Waitangi Tribunal released its inquiry into homelessness, Labour, report on disproportionate reoffend- the Greens, and the Māori Party ing rates (Waitangi Tribunal 2017). conducted a cross-party inquiry. Their Māori have an imprisonment rate that report, published in October, made is more than three times that of the twenty recommendations, including general population. We consistently increasing rather than decreasing make up over 50 percent of the prison the state housing stock and making population, and Māori women make Housing New Zealand a public service up over 60 percent of the female instead of a state-owned enterprise prison population. For many, incar- charged with paying a dividend to ceration has become normalized. the government and tax on its income The tribunal noted that the dispar- (Twyford, Davidson, and Fox 2016, ity between Māori and non-Māori 12–16). reoffending rates is long-standing and The fundamentally flawed treaty substantial. High Māori reoffending claims settlement process has contin- rates contribute to the dispropor- ued to visit almost unbearable pain tionate imprisonment of Māori. The on communities as it tears them apart. tribunal found the Crown, through the Arguments within Ngāpuhi—the Department of Corrections, to be in country’s largest iwi with more than breach of its treaty obligations by fail- 120 hapū and over three hundred ing to prioritize the reduction of the claims—have highlighted the short- high rate of Māori reoffending relative comings of the process. The divisions political reviews • polynesia 179 it has caused there have been drawing and their claims, causing an inevitable media attention for several years now. backlash. It is therefore unsurprising The government has told them that that the Waitangi Tribunal continues all Ngāpuhi claims must be bundled to receive applications about injustices together under one settlement, even being perpetrated in the settlements though elsewhere in the country hapū but, in keeping with previous deci- have succeeded in having their claims sions, almost all have been declined settled individually. This is the gov- hearings. In the past year, these ernment’s “large natural grouping” included Ngāti Mihiroa against the policy. It is a key part of the treaty Heretaunga Tamatea Deed of Settle- claims settlement policy, whose aim is ment (Haimona 2017) and Whanga to extinguish as many claims as possi- nui iwi against the Taurewa Forest ble within each legislated settlement in Deed of Settlement (Reilly 2017b). In order to remove hard-won legal rights. some rare cases, claimants have the This includes the compulsory return financial resources to seek judicial to Māori of certain types of lands reviews of tribunal decisions. One, through orders made by the Waitangi from Āraukūkū hapū—whose claims Tribunal. Coupled with the govern- were extinguished in the Ngāruahine ment-imposed cap on the overall size settlement after the tribunal refused to of the combined settlements, the inevi- hear them—has been unsuccessful in table result is that almost all claims both the High Court and the Court of are being extinguished without being Appeal (Watson 2016). addressed, and, of the few that are In contrast, two others, Ngāti Kahu addressed, none have been addressed and Te Aitanga a Māhaki, have been fully (Mutu 2017b). Painfully aware successful in the High Court and the of these restrictions and injustices, Court of Appeal, setting an important claimants still fight for the return precedent (Kapa-Kingi 2016). Both of at least some of what was stolen. had to apply repeatedly to be heard by Deciding who is mandated to negoti- the tribunal. They were only granted ate these settlements has been fraught hearings after Te Aitanga a Māhaki with difficulty for almost every iwi successfully challenged the tribunal’s (Mutu 2017b). The reason is simple: refusal to hear them in the Supreme It was not the imposed “large natural Court in 2011 (Supreme Court of groupings” that had their lands stolen, New Zealand 2011). But the Waitangi lives taken, and rights removed—it Tribunal has been under threat for was whānau (extended families) and many years now. The threat is that hapū in the thousands of Māori papa if they made the orders sought by Te kāinga (homelands) throughout the Aitanga a Māhaki and Ngāti Kahu country. So each whānau and hapū to return certain Crown land, the will inevitably fight to make sure that government would abolish the tribu- their claim is addressed. By imposing nal (Hamer 2004, 7)—a very serious a “large natural grouping” structure breach of the rule of law. So neither over the settlements process, the gov- applicant was granted the orders to ernment is attempting to socially engi- which they were legally entitled. Both neer the demise of whānau and hapū successfully appealed to the High 180 the contemporary pacific • 30:1 (2018)

Court. On appeal in the Court of treaty claims settlement process fully Appeal, the court issued directions and finally extinguishes all histori- in December that the tribunal had to cal claims in a geographical area, this make a decision rather than continu- decision recognizes that there is a ing to defer to the government’s treaty further means of redress through the claims settlement policy. The Crown courts in certain circumstances. did not appeal the decision, and so Stung by both these court decisions, both iwi are now back before the the government has flooded the media Waitangi Tribunal waiting yet again with pro-settlement propaganda as it for a hearing. continues to drive through as many An even more groundbreaking prec- settlements as it can. Settlements edent came out of the Supreme Court legislated in the past year included in February. The Wakatū Incorpora- Te Atiawa, Taranaki Iwi, Ngāruahine, tion and kaumātua (elder) Rore Pat Rangitāne o Manawatū, and Whanga Stafford of Nelson, having been denied nui River (Office of Treaty Settle- the right to have their claim negoti- ments 2017). But the government has ated and settled separately, filed for struggled to overcome the attention urgency in the tribunal. Like so many also being paid to the anger of those others, they failed to get a hearing. being divided and disenfranchised In 2010, they filed proceedings in the by the settlement process. A major High Court claiming that the Crown research project being undertaken owed fiduciary duties to the Māori with claimants and negotiators is customary owners of land in Nelson, beginning to identify the extent of the dating back to 1839. The land had devastation that treaty claims settle- been given over on the basis that one- ments are causing (McDowell 2016; tenth—some 15,100 acres—would Mutu and others 2017). Examples of be reserved for the original Māori the government’s dishonesty, includ- owners; however, the terms of the ing probable fraud, in negotiations are arrangement had not been met and the being reported across the country, as land was never fully allocated. Despite are examples of its stand over tactics the government having extinguished in dictating what settlements will be; all the claims made to the Waitangi its divide-and-rule tactics and the Tribunal for Te Tau Ihu (the top of the damage this has wrought among and South Island) in the 2014 settlement, a between whānau, hapū, and iwi; its majority of the Supreme Court found use of manipulation and then bully- that a fiduciary duty existed and that ing and duress against claimants who it had been breached. It found that refuse to comply; and its refusal to Mr Stafford, as a descendant of some address almost all of the claims before of the original owners, is entitled to legislatively extinguishing them (Mutu pursue remedies in the High Court 2017b). Claimants and negotiators (Reilly 2017a). The decision is signifi- are clear that, contrary to government cant for its recognition of enforceable assertions, none of the settlements are fiduciary duties in relation to nine- full and final and they will be revis- teenth-century land transactions. Even ited. In August 2016, National Iwi though the government asserts that the Chairs Forum warned the government political reviews • polynesia 181 that all its settlements would unravel water bottling companies and farmers after it reneged on the loathed 1992 who irrigate their lands for their use of fisheries settlement in order to ban the resource. When some of the bot- fishing in Ngāti Kurī’s Te Rangitāhua tling companies illegally tapped into territory with its proposed Kermadec Māori-owned springs, efforts to stop Ocean Sanctuary (Mutu 2017a, 149). them were not always successful, and The proposal has not been progressed. several of those cases are still being A beleaguered minister of Māori heard in the Waitangi Tribunal. Ngāti development continued to battle Tama ki te Waipounamu’s case was an Māori resistance to the rewriting of exception. As guardians of the sacred the Māori Land Act 1993 (Mutu Waikoropūpū springs in Golden Bay, 2017a, 149–150). In June, when it whose waters are some of the clear- became obvious that the opposition est in the world, Ngāti Tama took the was making it an election issue, he Tasman District Council to the High dropped it, undertaking to revisit Court to stop them illegally authoriz- it if he was returned to the governing a bottling company to take their ment after the election. There is also water. Their win and the government’s little comment about more than three undertaking to consider a water hundred applications reportedly made protection order for the springs are to the High Court for recognition of positive steps for Ngāti Tama (tvnz extremely restricted Māori customary 2017). title and use rights provided for in the margaret mutu Marine and Coastal Area Act. The act confiscates Māori ownership of our foreshores and seabed and sets a high References bar for Māori to meet in order to gain any recognition. Rather than submit- Abel, Sue, and Margaret Mutu. 2011. ting to the act, at least one iwi, Ngāti There’s Racism and Then There’s Racism: Margaret Mutu and the Immigration Kahu, has required the government to Debate. The New Zealand Journal meet the same bar in order to prove of Media Studies 12 (2). http:// it has any rights to these lands within ndhadeliver.natlib.govt.nz/delivery/ Ngāti Kahu’s territories. The govern- DeliveryManagerServlet?dps_pid ment failed to meet the tests and as =FL9435525 [accessed 14 July 2017] such has been found to have no rights Adlam, Geoff. 2017. John Te Manihera or title in Ngāti Kahu’s foreshore and Chadwick mnzm, 1945–2017. New Zea- seabed (Te Rūnanga-ā-Iwi o Ngāti land Law Society. http://www.lawsociety Kahu 2017). .org.nz/news-and-communications/people The government is also sidestepping -in-the-law/obituaries/obituaries-list/john the matter of the ownership of fresh- -te-manihera-chadwick-mnzm,-1945-2017 water, having refused to carry out its [accessed 13 July 2017] promise to the Supreme Court in 2013 Anaya, James. 2011. The Situation of to address the issue of Māori rights Maori People in New Zealand. Report of and interests in freshwater. However, the Special Rapporteur on the rights of there is mounting pressure from the indigenous peoples, James Anaya. 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