Political Reviews

Micronesia in Review: Issues and Events, 1 July 2015 to 30 June 2016 michael lujan bevacqua, landisang l kotaro, monica c labriola, clement yow mulalap

Polynesia in Review: Issues and Events, 1 July 2015 to 30 June 2016 peter clegg, lorenz gonschor, margaret mutu, christina newport, steven ratuva, forrest wade young

The Contemporary Pacic, Volume 29, Number 1, 93–188 © 2017 by University of Hawai‘i Press

93 144 the contemporary pacific • 29:1 (2017) des temps coloniaux en Polynésie fran- fortnight of each other. Of Te Rōroa, çaise. Pirae, Tahiti: Editions Au Vent des Ngāpuhi, and Ngāti Whātua, Manos Iles. had an extensive background in ti, Tahiti Infos. Weekday newspaper and woodcarving and sculpture, ­having Internet news. Tahiti. http://www.tahiti carved the meeting house of his -infos.com Matatina Marae in Waipoua Forest tpm, Tahiti-Pacifique Magazine. Formerly (Tamati-Quennell 2015). Colleen, of monthly; weekly from August 2015. Te Popoto o Ngāpuhi ki Kaipara and Tahiti. http://www.tahiti-pacifique.com , was world renowned for her clay work, which has been exhib- United Nations. 2015a. Information from Non-Self-Governing Territories transmit- ited throughout and in ted under Article 73 e of the Charter of the the United States, the United King- United Nations. Resolution adopted by the dom, Australia, and Canada (Tamati- General Assembly on 9 December 2015. Quennell 2015; Creative New Zealand a/res/70/94. http://www.un.org/en/ga/ 2015). Te Rarawa lost a greatly loved search/view_doc.asp?symbol=A/RES/70/94 leader, Gloria Herbert. She was the [accessed 27 Sept 2016] chair of their authority, served on ———. 2015b. Question of French Poly- the , and was well nesia. Resolution adopted by the General known as being caring and gentle but Assembly on 9 December. UN General also very determined. Ngāreta Mete Assembly, 70th session. a/res/70/100. Jones of Te Rarawa was a lifelong http://www.un.org/en/ga/search/view_doc worker for change for Māori. She was .asp?symbol=A/RES/70/100 [accessed 27 one of the founders of Kawariki, the Sept 2016] movement that brought out a new generation of northern youth in the 1980s to protest the Crown’s failure to honor Te Tiriti o Waitangi, the Māori Issues Māori-language treaty between Māori Over the past year we lost a num- and the queen of England (Waatea ber of leaders who spent their lives News 2015b). Waereti Pōpata (Wal- fighting for justice for Māori. In ters) of Te Paatu, Ngāti Kahu, was a September 2015, Lady Emily Latimer fearless Māori rights advocate and one of Whakatōhea passed away. She of the first Māori community health was a staunch supporter of Māori in workers. her work with the Māori Women’s In November 2015, we lost Dr Welfare League and Māori Wardens Bruce Gregory of Ngāti Te Ao, Te and was a tireless supporter of her Rarawa. He was the member of Par- husband, Sir Graham Latimer, who liament (mp) for Northern Māori from died nine months after his wife in June 1980 until 1993. He dedicated his life 2016; he had chaired the New Zea- to Māori health and the sovereignty of land Māori Council for many years. his hapū (group of extended families) September 2015 was a particularly sad (Collins 2015b). In January 2016, month. Two of our best-known clay it was Andy Sarich of Ngāpuhi. He artists, Manos Nathan and Colleen was dedicated to the retention of the Waata Urlich, passed away within a Māori language in Te Taitokerau (the political reviews • polynesia 145

North) and served on a wide range of these great leaders, celebrating their community committees, councils, and lives and achievements, and bidding the Lotteries Commission (Waatea them farewell as they joined their News 2016a). In February, it was ancestors. Emeritus Professor Ranginui Walker Among the women leaders who of Te Whakatōhea. He fought for passed away, Gloria Herbert was a almost five decades to lift the burden rare example of a chairperson of her of colonialism and marginalization off iwi’s representative body. Although Māori. He was one of Maoridom’s women continue to play significant most influential academic leaders leadership roles in whānau (extended and advocates for Māori rights and family), hapū, and iwi (groupings of social justice. He used his columns in hapū), English colonizers denied the the weekly Listener magazine and his role of women as leaders (Mikaere six books to educate New Zealand- 2010) and trained and promoted ers about the history of this country men for roles of political leadership. and the abrogation of the human and Nowhere is that reflected more clearly treaty rights of Māori that continues than in the influential National Iwi to this day (Mutu 2016a). Chairs Forum (Mutu 2016b, 230). Whai Ngata of Ngāti Porou left us Of the now 72 chairpersons of iwi in April 2016. He was the journalist who make up the forum, only 8 are and broadcaster who established the women (National Iwi Chairs Forum Māori news program Te Karere on 2016; Forum Secretariat, pers comm, tvnz, leading a small group in the 4 Aug 2016). There is a much better successful battle to maintain a Māori balance in Parliament, where 11 of the presence on national television. He 26 mps of Māori descent are women: was also a lexicographer who helped 3 in the governing National Party, 3 in complete his father’s English-Māori Labour, 2 each in the Greens and New dictionary (Harawira 2016). In May, it Zealand First, and 1 in the Māori was Mānuera Tohu of Ngāti Kahu and Party. Metiria Tūrei is a co-leader of Te Rarawa, another lifelong advo- the Greens; Mārama Fox a co-leader cate for the retention of the Māori of the Māori Party (which currently language. He served on the Kōhanga has two seats in Parliament); while Reo (Māori language immersion Paula Bennett and Hekia Parata are preschools) National Trust for many ministers in the National government. years and was a greatly esteemed However, none of these mps represent orator and expert in tikanga (Māori Māori, and for the two Māori women law) and whakapapa (genealogy) and mps who do— and a kaumātua (respected elder) for the Meka Whaitiri—their first loyalty is to New Zealand Police. In June, it was their Labour Party rather than to their Rob Cooper of Ngāti Hine. He made constituents. huge contributions to Māori health In order to reclaim our mana motu- and education, with a long record hake (autonomy, power, authority, on treaty education and social justice and control derived from the gods), issues. Thousands of mourners trav- which includes our sovereignty, and eled to pay their respects to each of to put an end to the treaty and human 146 the contemporary pacific • 29:1 (2017) rights violations Māori continue to Chief Justice Dame com- suffer, constitutional transformation mented, “It is possible we will see is a necessity. Since 2010, a group increasing pluralism in New Zealand’s of constitutional specialists, Matike domestic legal order in fulfillment of Mai , have been drawing Treaty guarantees” (Elias 2015). Past up models for a constitution for the Prime Minister Sir Geoffrey Palmer is country based on tikanga and the two now advocating for a written constitu- founding documents of present-day tion, which has to recognize the Treaty New Zealand, He Whakaputanga o Te of Waitangi because “it actually makes Rangatiratanga o Nu Tireni (the 1835 government here legitimate” (Moore declaration of Māori sovereignty and 2016). A columnist in the Far North’s independence) and Te Tiriti o Waitangi Northland Age quoted extracts from (Mutu 2015, 276). After extensive the Matike Mai Aotearoa report in her consultation with Māori throughout column for several months (Herbert- the country, Matike Mai Aotearoa Graves 2016), which drew a number published its report in February 2016 of vitriolic and racist responses from (Jackson and Mutu 2016). It sets out one letter writer and letters of support the very strong case for constitutional from others. transformation that moves the coun- Māori nevertheless continued try from a governance system that is to battle the government on many defined by, controlled by, and serves fronts. Perhaps the most sobering the white majority to one that is inclu- battle was that against homeless- sive of and respects all New Zealand- ness. Soaring housing costs fueled by ers and recognizes that Māori can and speculators and developers as well as will take back control of their lives the government’s refusal to intervene and resources. It sets out six indicative have resulted in alarming numbers of constitutional models that have arisen families sleeping in cars because they from the discussions. Each provides cannot pay for housing. Many of the for the “rangatiratanga sphere,” that adults sleeping rough are employed, is, the sphere of influence of Māori; and most are Māori. Despite attempts the “kāwanatanga sphere,” the sphere to highlight the plight of these people of influence of the British Crown; (Harris 2015), government inaction and the “relational sphere,” in which has led to some Māori communi- Māori and the Crown work together ties making their marae (traditional as equals as agreed in Te Tiriti o Wai­ communal meeting places) avail- tangi (Jackson and Mutu 2016, 9). able to families. Te Puea Marae in There has been increasing acknowl- South was inundated with edgment of the need to transform New responses to its call on the public to Zealand’s constitutional arrangements, donate food, clothing, bedding, and especially among the country’s large money (Clarke 2016a). But their Pacific Island, Chinese, and Indian persistence in helping and then find- communities, who continue to experi- ing housing for the homeless did not ence discrimination (United Nations reflect well on the government. Staff in General Assembly 2014). From within the minister of social housing’s office the Pākehā (European) community, retaliated by attacking the chairman political reviews • polynesia 147 of the marae, a senior police inspec- The tribunal was ordered to rehear tor (tvnz 2016). The minister subse- the application (Vertongen 2015; Feint quently apologized. 2015). The Crown has appealed that Māori were joined by large num- decision as well as the same decision bers of people in opposing the Trans- with respect to the Mangatū Incorpo- Pacific Partnership (tpp) Agreement. ration (see Mutu 2016b, 232) to the Despite the government’s maintaining Court of Appeal, whose rulings are a tight veil of secrecy around negotia- still awaited. tions between the twelve countries The Waitangi Tribunal received involved, information provided by a number of applications for urgent Professor Jane Kelsey and a team hearings into the government’s recog- of legal scholars indicated that the nizing mandates to negotiate settle- tpp agreement allowed international ments. The government requirement companies to override Māori rights that it deal only with “large natural and to sue the government if it inter- groupings” is inconsistently applied vened in a manner that lowered their and usually disenfranchises many planned profits. Key issues were the claimant groups. It inevitably causes government’s ceding the country’s huge and bitter divisions within and sovereignty to international companies among claimant communities as they and the threats those companies posed fight over who is going to represent to natural resources, especially with them. Claimants are painfully aware respect to flora, fauna, minerals, and that they are fighting over mere water; to the affordability of medi- crumbs that the government provides cines; and to the country’s Smokefree in exchange for extinguishing their 2025 Strategy (Kelsey 2015). A com- claims and legal rights, but they are plaint to the Waitangi Tribunal and crumbs that impoverished communi- huge protests throughout the country ties desperately need. Despite that, the all fell on deaf ears. The government tribunal turns down almost all of these signed the tpp agreement on 4 Febru- applications. It did, however, agree to ary 2016. urgent hearings for the Hauraki Col- The progress of Tiriti o Waitangi lective with respect to the Tauranga claims against the Crown continued Moana Governance Group (Coyle to be plagued with problems. While 2015) and for Ngātiwai with respect the government flooded media outlets to the Ngātiwai Trust Board Deed of with press releases about progress Mandate (UnRuh 2016). Those hear- being made in settling treaty claims, ings have yet to take place. the reality in the courts and the The tribunal reported on its inquiry Waitangi Tribunal, and for claim- into the mandate for the largest ants, was very different. Ngāti Kahu iwi, Ngāpuhi (Mutu 2016b, 231), of the Far North was successful in its upholding claims that the Crown application to the high court to quash had breached the principles of the the Waitangi Tribunal decision not to treaty by choosing to recognize the give them binding recommendations mandate of the negotiating group, over the state-owned enterprises and Tūhoronuku. It concluded that the Crown forestlands in their territory. hapū should decide how and by whom 148 the contemporary pacific • 29:1 (2017) they are to be represented in settle- , went into battle in ment negotiations. It recommended Parliament for Ngāti Kahu and forced that the Crown delay negotiations an admission from Minister of Treaty to give the hapū the opportunity to of Waitangi Negotiations Christopher confirm whether they wished to be Finlayson that the land does belong represented by Tūhoronuku (Jones to Ngāti Kahu (Mason 2015). The 2015). Controversy and bitter infight- minister retaliated by attacking Ngāti ing continued to beleaguer the iwi. Kahu’s leadership. Elders and marae When the chairperson of Tūhoronuku representatives responded by issuing a was arrested and charged and then stinging attack on the minister (Collins eventually pleaded guilty to shooting 2015a). While that brought a measure and possessing a protected bird species of respite for Ngāti Kahu for several and attempting to pervert the course months as they awaited hearings with of justice (Northern Advocate 2016), respect to their claims in the Court the group replaced him. They then set of Appeal and the Waitangi Tribunal, about working with the hapū to try to by June 2016 the minister was at it resolve their issues. again, indicating that he would ignore The government has worked hard the mandate Ngāti Kahu gave to its to prevent the public from knowing rūnanga (council of representatives, how much claimants loathe the forced parliament) and find someone else to treaty claims settlements that are negotiate with (Finlayson and Flavell unilaterally designed and applied by 2016). the Crown (Sykes 2015, 34). However, In , bitter divisions over one example of claimants who are pre- the Pekapeka block being excluded pared to stand their ground against the from Te Ātiawa’s settlement contin- government and attract public atten- ued (Martin 2016; Pihama 2016). tion is Ngāti Kahu of the Far North. In Hawke’s Bay, Ngāti Hinemanu Like others, they have refused to and Ngāti Paki continued to protest accept government offers to extinguish against the government’s rushing their claims. Instead of the political through the pathway of direct negotiations pre- settlement in order to prevent their ferred by the government, they have seeking binding recommendations in chosen the legal route and are await- the Waitangi Tribunal for their lands ing hearings for binding recommenda- in the Kāweka and Gwavas forests tions from the Waitangi Tribunal. In (Waatea News 2015a). Objections to September 2015, several hapū of Ngāti an ex-employee of the Office of Treaty Kahu repossessed the Kaitāia airport Settlements heading the negotiations after the government decided to sell for Heretaunga Tamatea were ignored it to a neighboring iwi. The land had (Moana Jackson, pers comm, April been taken under the Public Works 2015), although the Crown regularly Act during World War II. That legisla- ignores conflicts of interest to impose tion requires governments to offer the its own employees on claimants as land back to those from whom it was their negotiators (Mutu 2016b, 229). taken, that is, the Ngāti Kahu hapū. of Wairarapa were still ’s veteran politician, battling to stop their claims from political reviews • polynesia 149 being subsumed and extinguished without consultation or compensation under another iwi’s settlement (Crom- (McBeth 2016). Te Ohu Kaimoana, bie 2015). Āraukūkū hapū went the ­iwi-controlled company that to the high court after their claims ­manages Māori commercial fisheries, were included for extinguishment took the government to the high court in Ngāruahine’s deed of settlement when it refused to negotiate a resolu- without the knowledge or permission tion. The government then applied of either Āraukūkū or Ngāruahine. to the court to adjourn the case until Āraukūkū had not been included in the proposal had been passed into any negotiations, and Ngāruahine law ( 2016). While iwi are very had not negotiated on their behalf. A angry that the meager settlements they Ngāruahine negotiator reported that fought so hard for can so easily be the minister could not say why he had unraveled by unscrupulous politicians, arbitrarily included the claim, but he it sends a clear signal that if the gov- also refused to remove it (McLach- ernment can violate settlements with lan 2015). impunity then they are not durable Meanwhile, those who have settled and can all be revisited. continue to run into problems with Despite the anger directed at them the government violating their settle- over treaty claims settlements, the ments. Ngāti Whātua o Ōrākei filed government still managed to enact in the high court to stop the govern- legislation extinguishing the claims of ment from selling lands for which Te Aupōuri, Te Rarawa, Ngāi Takoto, they hold rights of first refusal as a and Ngāti Kurī in the Far North and result of their treaty claims settle- Ngāti Hineuru in the central North ment (Brown 2015). Waikato- Island. The government claims to did likewise to stop the sale of lands have enacted legislation for 69 settle- used by Solid Energy (a state-owned ments and that 49 still remain (Office enterprise) at Huntly. They have rights of Treaty Settlements 2016). In fact of first refusal over those lands as there are many more than that, but the a result of their settlement (Clarke government simply refuses to recog- 2016b). Taranaki ki Te Upoko o Te nize them. Ika found itself embattled with Port Another time-consuming battle has Nicholson Block Settlement Trust been that against the rewriting of Te when the trust tried to sell lands the Ture Whenua Māori (the Māori Land iwi had recovered through their settle- Act) of 1993. It took twenty years to ment. After much turmoil, the people’s pass that into legislation. It returned wishes were adhered to (McLachlan control of Māori land to its own- 2016). However, the greatest outrage ers and made the sale of Māori land was expressed over the government’s difficult. Greedy speculators and land starting to unravel the 1992 fisheries grabbers could no longer target it. settlement by banning fishing in its The rewriting was initiated in 2012 by proposed Kermadec Ocean Sanctuary. Attorney General Christopher Finlay- The settlement guaranteed Māori the son (who is also the minister of Treaty right to fish the area, but establishing of Waitangi negotiations and associate the sanctuary removed those rights minister of Māori Affairs). While aim- 150 the contemporary pacific • 29:1 (2017) ing to free up Māori land for utiliza- ment has been refusing to discuss tion, the bill also facilitates its sale, the matter despite having promised which Māori have fought so hard to the Supreme Court in 2012 that it stop. When Māori opposition to the would do so (Mutu 2014, 211). The rewriting became too intense, in 2014 battle to force the owners to remove the attorney general passed it over to the ship Rena—which was wrecked Te Ururoa Flavell, the new minister of on Ōtaiti (Astrolabe Reef) off the Māori development, with instructions Motiti Island in the in that he have it passed into legisla- 2011 (Mutu 2013, 168)—became tion. The National Iwi Chairs Forum more difficult with the Bay of Plenty consulted very widely on the bill, Regional Council decision to leave the receiving instructions from throughout wreck on the reef. Ngāi Te Hapū of the country that if the 1993 act was Motiti Island is appealing the decision to be rewritten, only Māori could do (Waatea News 2016b). After fighting so because the land is theirs (National a designation placed on hapū land in Iwi Chairs Forum 2014). Māori Land 1963 to take it for the East- Court judges prepared a lengthy sub- ern Arterial road (Mutu 2014, 211), mission on the bill, severely criticizing the hapū of Te were thrilled it (Love 2015). The Waitangi Tribunal when the designation was finally lifted also severely criticized it, upholding in April. And four Ngāi Tahu tribal the claims of landowners opposed to entities welcomed the decision stop- the bill (Love 2016a). The bill was ping Christchurch City Council from introduced into the House in May. It discharging treated wastewater into ignores the Māori Land Court judges’ Akaroa Harbour. They opposed the advice, the Waitangi Tribunal’s recom- council’s appeal against the decision mendations, and the overwhelming to the Environment Court, which opposition of Māori landowners. It resulted in the council’s discussing and focuses on developing Māori land then proposing a series of options, rather than retaining it in Māori almost all of which Ngāi Tahu sup- control and portrays loss of Māori ported (Law 2016). ownership as the fault of the Māori Also on the good-news front, Māori owners (Love 2016b). The bill has filmmaker Taika Waititi has won no been characterized as yet another land fewer than eight international film confiscation, and the matter has been festival awards for his comedy Hunt referred to the United Nations (Proc- for the Wilderpeople (IMDb 2016). tor 2016; Walsh 2016). And Lisa Carrington (Te Aitanga Battles to protect Māori natural a Māhaki, Ngāti Porou), paddler resources persisted around the country extraordinaire, won the World Paddle throughout the year, although in some Awards Sportswoman of the Year areas there was welcome relief. Both at the Annual World Paddle awards the New Zealand Māori Council and held in Barcelona, Spain. She has won National Iwi Chairs Forum contin- her sixth World Cup gold medal in ued to fight to have the government as many races in the k1 200 meter recognize and acknowledge Māori ­(Baalbergen 2016). ownership of water. The govern- margaret mutu political reviews • polynesia 151

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Lifelong Worker for http://gisborneherald.co.nz/opinion/ Change Ngareta Jones Dies. 7 Sept. 2193637-135/land-confiscation-in-2016 http://www.waateanews.com/Waatea [accessed 30 Aug 2016] +News.html?story_id=MTAzNTc=&v =155 [accessed 23 Aug 2016] Stuff. 2016. Attempt to Put Brakes on Te Ohu Kaimoana Challenge to Kermadec ———. 2016a. Andy Sarich a Champion Ocean Sanctuary. 17 June. http://www of Te Reo o Te Taitokerau. 26 Jan. .stuff.co.nz/national/politics/81167527/ http://www.waateanews.com/ 154 the contemporary pacific • 29:1 (2017) waateanews?story_id=MTI3NDY= decolonization by granting it a large [accessed 24 Aug 2016] degree of self-government in 1979, ———. 2016b. Rena Fight Not Over an arrangement similar to other for Motiti Hapu. 5 April. http://www autonomous dependent territories .waateanews.com/waateanews/x_story in the region. _id/MTMyNjQ= [accessed 30 Aug 2016] However, the 2008–2009 global Walsh, Kristine. 2016. Gisborne Land Use financial crisis hit the island’s mainly Case Taken to UN for Opinion. Gisborne tourism-based economy particu- Herald, 29 March. http://gisborneherald larly hard (after earlier disruptions .co.nz/localnews/2235419-135/gisborne ­including miscalculated investments -land-use-case-taken-to [accessed 30 Aug in a locally owned airline in 2006), 2016] and from 2010 onward, the local government’s budget operated at a deficit. This necessitated annual subsidies from the Australian fed- Norfolk Island eral government ranging from a$3.2 The year under review was a fateful ­million in 2011 (us$2.4 million) up one for Norfolk Island, and indeed to a$7.5 million (us$5.6 million) in for the entire Pacific Islands region, the 2014–2015 financial year. Under as it marked the unprecedented the 1979 statutes, Norfolk Island ­recolonization of an island territory was not allowed to borrow money by its administrative power without in order to cover deficits without the ­territory’s consent, an anachro- Canberra’s ­permission, which was nistic act going against the current of not ­forthcoming. In 2010, Australia decolonization of the past six decades first refused to provide the requested and comparable in modern history ­budgetary subsidy but then agreed to only to the reactionary French policies it on condition that Norfolk Island toward its Pacific possessions from the paid Australian federal taxes and late 1950s to the mid-1980s. Austra- accepted financial oversight by federal lia’s recolonizing policies sparked an officials, which the local government outburst of Norfolk Island national- agreed to under protest (C Nobbs ism and a well-organized resistance 2016b). movement struggling both locally The 2007–2013 Australian Labor and globally for the restoration of Party government under Prime Minis- ­democracy to the island community. ters Julia Gillard and Kevin Rudd had A British colony settled in 1856 agreed to further negotiations with from Pitcairn Island by the descen- the Norfolk Island territorial gov- dants of the Bounty mutineers and ernment over the issue, and the two their Tahitian partners (some of whom governments had signed a “Norfolk later returned to Pitcairn to become Island Road Map” for that purpose the ancestors of that island’s current in 2011. But the Liberal Party govern- inhabitants), Norfolk Island became ment under Tony Abbott that came a dependent territory of Australia in to power in Australia in 2013 repu- 1914, and six decades later Australia diated this compromise and instead initiated steps toward the island’s advocated a hard-line, reactionary