212 the contemporary pacific • spring 1998 ther agreement could be reached at a land. The state is precluded from such third Ho‘omalu ma Kualoa to be held action by its own self-interest, insofar in October 1997. Issues such as cul- as most “state” land is actually Hawai- tural rights, land trusts, and different ian Trust Land, and when Hawaiians forms of sovereignty needed to be regain that land base it will be the addressed at their own conferences. State of Hawai‘i that must beg permis- After a base of understanding of legal sion from Hawaiians to use the land. terms and arguments has been created, LILIKALÂ kame‘eleihiwa then the various groups will reconvene to decide how best to proceed toward political unification in order to fight MÂORI for control over the Hawaiian Trust Issues Lands. The year 1996 saw major and historic Ka Lâhui Hawai‘i has proposed a changes for Mâori on the political confederation of all groups, perhaps scene. The mixed-member-propor- similar to that formed by the Alaska tional-representation election system Natives in their struggle with the was used in New Zealand for the first American government over their lands. time in the October general elections The Mâori Congress is another model and delivered 15 Mâori members of that could be considered. The Hawai- parliament out of a total of 120. It ian Sovereignty Elections Council more than doubled the number of prefers a Hawaiian constitutional Mâori that have ever been in the convention, which they estimate will House, but is still less than the 15 cost $8 million to be paid from three percent of the population that Mâori sources: the Hawai‘i State Legislature, make up. oha, and private fund-raising. Other The reaction from Mâori was one Hawaiians prefer some measure of of unrestrained delight and outpour- autonomy and no state interference. ings of hope for a better future. But Ka Lâhui Hawai‘i is reluctant in the there was little comment in the main- extreme to relinquish its own constitu- stream media, although one of the tion, and is wary of the state plan for more perceptive commentators noted selecting delegates for an hsec consti- that it was a “major Maori political tutional convention. assertion which left this supposed Without a doubt, Hawaiians would colonised community holding the come to agreement faster if the State of balance of power, something which Hawai‘i would withdraw from the had remained beyond their grasp since issue and leave it for the Natives to the mid-1850s despite both armed and decide. The state contends that it is passive resistance. . . . Now there are only trying to help the Hawaiian 15 rather than the traditional four people. However, if the state truly Maori MPs [and] they are spread wanted to support Hawaiian self- across all parties in Parliament. This determination it would abolish ward- represents a shift of revolutionary ship and let the Hawaiian people proportions” (Brooking 1996). retake control of their ancestral home- Mâori success in the polls further political reviews • polynesia 213 exposed the fear of some of the non- strongly in favor of a coalition with Mâori population of Mâori having any Labour, for although they had deserted say in the affairs of the country. Public that party during the elections, it was attacks on Mâori have increased in still far preferred over the conservative frequency and vehemence, fueled by an National party, whose Mâori policies often hostile, unsympathetic, and had caused much upheaval in recent uninformed mainstream non-Mâori times. Given that 6 of the 17 New news media. Mâori were not unmoved Zealand First members, including the by the attacks, and in March the prized leader, are Mâori, there was some yachting trophy, the America’s Cup, confidence that the Mâori wish would was badly damaged when a young prevail. Mâori protester attacked it. He was In the event, Mâori were stunned highlighting the ongoing injustices when chose to form borne by Mâori, including increasing a coalition government with the Mâori poverty and deprivation. In National party. However the coalition June 1997 the reality of Mâori poverty agreement appeared to address at least was brought starkly into focus when some major Mâori concerns with three Mâori children were killed in a National party policies, and in particu- fire that destroyed their home in a lar included an undertaking to aban- remote Mâori settlement. Their home don the loathed “fiscal envelope” was a temporary shelter, and the fire policy for settling Mâori land clams. was caused by a candle used for As such, there was no angry outburst, lighting. but rather a philosophical wait-and-see The elections resulted in all five reaction. After all, there were now five Mâori electorate seats being taken by Mâori electorate representatives on the the New Zealand First party. This was government benches, with an unprece- a major swing away from the Labour dented three Mâori in cabinet, one of party, which Mâori had supported for them the deputy prime minister and over sixty years. The only other Mâori treasurer. Furthermore the Mâori to gain an electorate seat was the New cabinet members included a Mâori Zealand First party leader and later minister of Mâori Affairs who would deputy prime minister and treasurer, be much more inclined to dedicate the Honourable . The himself to making that portfolio work remaining nine Mâori members of for Mâori rather than against them as Parliament all gained their seats as a had been the case with the previous result of the number of seats their minister. party won in the House. Once the government was No party received a clear majority. announced, and new members started With National and Labour holding the making their maiden speeches, the great majority of seats between them, mainstream news media embarked on it fell to the third-ranking New a campaign of discrediting each Mâori Zealand First party to determine which member of the House, both new and party it would enter a coalition with to old. They were baying for Mâori form a government. Mâori were blood, and every whiff of it sent them 214 the contemporary pacific • spring 1998 into a frenzy. For 12 of the 15 Mâori coverage that only served to display members of Parliament it was their her own lack of understanding of first time in the House, and many of Mâori protocol and politics. them fell easy prey to the hypercritical To date, the one Mâori member of and strongly eurocentric press gallery. Parliament to be spared public ridicule It also ensured that they were diverted by the media has been the only Mâori from learning and carrying out their in the National party caucus, Georgina jobs as members of Parliament. Te Heuheu, a naturally unassuming It started with the very experienced and quietly hardworking person. A leader of New Zealand First, Winston lawyer by training, Mrs Te Heuheu Peters, soon after the elections in was a member of the Waitangi Trib- October 1996, for a disturbance in a unal until she entered Parliament. nightclub. In November, it was the The nature of the attacks became deputy leader, , for speak- quite ridiculous, with one particular ing out of turn during the coalition Mâori member, , him- negotiations. From January to April self a journalist, steadfastly refusing to 1997 it was Tuku Morgan for his role compromise the Mâori right to be in the establishment of a new Mâori Mâori both in and outside Parliament. television station. In February, His perceived arrogance toward the Winston Peters again, this time for Pâkehâ domination of the House and bumping into another member of Par- the country turned his former liament a little harder than necessary, colleagues into a virtual lynch mob and Tau Henare for wearing wrap- against him. They identified his role in around sunglasses in public. In March, a new and struggling Mâori television it was Tuariki Delamare for problems station, and successfully hounded the with his children, and Donna Awatere station out of existence. For weeks for unpaid parking fines from several they created headlines out of the fact years ago. came in for a that Morgan had paid nz$89 for an sustained blasting for daring to articu- item of underwear while working for late Mâori aspirations of self-determi- the station. The government asked the nation in her maiden speech and Serious Fraud Office to investigate, referring to non-Mâori as tauiwi or and the media frenzy finally fell silent foreigners. The backgrounds of both when they returned a decision that and Ron Marks were Morgan had done nothing illegal. In too humble, and had May he auctioned off the item of problems with his people at home. In underwear to help raise money to May, it was Tutekawa Wyllie for not assist a young cancer sufferer. declaring nz$1,350 in election expen- By comparison, events such as the diture (while others under investiga- auditor-general being jailed for fraud, tion were not named). By breaking an a judge pleading guilty to fraud, unwritten rule between Mâori mem- another being charged with the bers of Parliament about not publicly offense, and a third being charged with attacking each other, Sandra Lee child molestation, a multimillion- managed to attract prominent media dollar bungle by a government depart- political reviews • polynesia 215 ment trying unsuccessfully to eradicate early land transactions between Mâori a moth threatening ornamental trees in on the one hand, and English mission- a wealthy suburb, the aries and Crown agents on the other. dismissal of the heads of the Serious The Crown had always assumed and Fraud Office and the Department of argued vehemently before the tribunal Conservation, and a member of Parlia- that the transactions were English ment spending nz$29,000 on taxi custom land sales that extinguished the fares were all relegated to the inner Mâori title to them. The claimants pages of the major daily newspapers, argued equally vehemently that the while Mâori members of Parliament notion of “land sale” did not exist in were attacked on the front page. Tele- Mâori culture at the time and that the vision and radio were little better. transactions were Mâori custom tuku While the news media were openly whenua, which gave usufructuary but antagonistic toward Mâori, the Wai- not proprietary rights to the land. The tangi Tribunal and the courts contin- weight of evidence produced by both ued to deliver decisions and findings in parties strongly favored the claimants, support of them. In December the and the tribunal found accordingly, Privy Council ruled that the courts concluding that Mâori title to their could not decide on matters of Mâori lands had never been extinguished. social structure, and overturned a However, the tribunal went further Court of Appeal decision that had and examined the social and economic declared recently formed urban Mâori circumstances of the Muriwhenua corporate bodies to have the same tribes that resulted from this landless- status as traditional (tribes). In ness. They reported that the tribes March the District Court upheld the were reduced to “penury, powerless- customary rights of Mâori to fish their ness and eventually state dependence” ancestral fishing grounds in rivers and that “Muriwhenua Maori became without having to obtain a license to and still are, a people at risk.” It also do so. Soon after, the long-awaited said that the transactions “point to report on the Muriwhenua land claims clear breaches by the Crown of treaty was released by the Waitangi Tribunal. principles, including those of protec- It signaled a whole new approach to tion, honourable conduct, fair process the consideration of land transactions and recognition” and that profound between Mâori and Pâkehâ last social and economic consequences century and has major implications for resulted, with hapu suffering physical land claims throughout the rest of the deprivation, poverty, social disloca- country. tion, and loss of status. The tribunal The Muriwhenua Land Report reported that recommendations should found that through a myriad of dis- be made as soon as possible to give the honorable and illegal acts, the Crown tribes relief, and that for the first time had deprived Muriwhenua Mâori of since they were empowered to do so in the Far North of nearly all their lands 1988, they would use their powers to before 1865. The report was the first order the return of Crown forest and to consider the Mâori interpretation of state-owned enterprise lands. 216 the contemporary pacific • spring 1998

The government’s only reaction was were returning to the tribunal and to strongly condemn the tribunal for would be demanding that urgent steps daring to say it might use its only be taken to alleviate the poverty in power to make order and to warn Muriwhenua. Muriwhenua Mâori that they should margaret mutu put aside any hope of being delivered justice as a result of their successful claims. That apart, its reaction was Reference very similar to that for the 1996 Brooking, Tom. 1996. Article in New Taranaki Report: muted, urging every- Zealand Herald, 31 December. one to read the report but not subsi- dizing its publication so that the nz$100 price tag would ensure that only a few people would read it. In the Niue meantime the government was desper- Following its victory in the 1996 elec- ate to get Muriwhenua claimants to tions, the government of Premier settle without getting orders from the Frank Lui had little difficulty main- tribunal. This had less to do with the taining its majority in the Niue Assem- nz$60 million dollars in compensation bly. This stability contrasted with the and approximately 50,000 acres of previous term’s internal bickering, land the tribunal could order to be which led in turn to dismissals of returned to the Muriwhenua tribes, cabinet ministers, challenges to the and more to do with the precedent it premier, the formation of the opposi- would set for other much larger tion Niue People’s Party (npp), and the Crown forests, where the compensa- lengthy deadlock in the Assembly tion alone is worth between nz$7-and- (Levine 1996, 191–193). With only a 8 billion. That would completely blow small majority in the Assembly, how- apart the ridiculously low nz$1 billion ever, the government’s position budgeted to settle all Mâori claims, remained precarious. even though it is less than two years of The death in October 1996 of the budget for the Social Welfare Toeono Tongatule, one of the six Department. Assembly members elected on the The government refused to provide islandwide “common roll,” gave the either funding or resources to assist the Lui government an opportunity to tribes to prepare for entering into enlarge its majority. Tongatule had negotiations. Then in June the three been an npp supporter, and the party children died in the fire in Muri- initially indicated that it would be whenua, and the conditions of poverty supporting his widow, Mrs Tiva in the area were put on display for the Tongatule, in its bid to retain the seat. whole country to see. The government If she had been successful, she would was severely criticized for allowing have been the second woman in the such conditions to continue to exist, twenty-seat Assembly and the first but remained unmoved. The Muri- woman npp member. whenua tribes announced that they As Niue’s only political party, the