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Kokiri Mar~E Inc. Claim Under Treaty of Waitangi Act 1975

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Kokiri Mar~E Inc. Claim Under Treaty of Waitangi Act 1975 1 \ , KOKIRI MAR~E INC. CLAIM UNDER TREATY OF WAITANGI ACT 1975 This report was commissioned by the Waitangi Tribunal ( Wai 415 ) Commissionee: Tata Winara Parata December 1995 2 CONTENTS Page No. Introduction 3 Direction Commissioning Research 4 - 5 Letter from commissionee to Registrar 6 Introduction The Report 7 Summary 8 - 9 commission Research 1.1.1 Question 1 10 - 12 2.1.1 Question 2 13 - 19 3.1.1 Question 3 20 3.1. 2 Application by Kokiri Marae Mgt. 20 3.1. 3 Minister of Lands - Recommendation 21 3.1. 4 Te Tira Ahu Iwi 21 3.1. 5 Minister Iwi Transition Agency 22 3.1. 6 Treasury's Recommendation 23 3.1. 7 Minister Iwi Transition Agency 23 3.1.8 Cabinet Policy committee 24 3.1.9 Cabinet Note 24 3.2.1 Kokiri Marae Inc. - Crown-owned 25 3.2.2 Kokiri Marae Inc. - Application 25 - 26 3.2.3 Notice of Valuation 27 3.2.4 Submission to DOSLI 27 3.2.5 Disposal of Surplus Lands 27 3.2.6 Kokiri Marae - Claim submission 28 3.2.7 DOSLI Negotiations 28 - 29 4.1.1 Question 4 30 5.1.1 Question 5 31 - 36 6.1.1 Summary 37 3 INTRODUCTION The stimulus in assembling this research was the opportunity it presented to record and document the fidelity and commitment of Maori people, many of whom will remain unknown and unlikely to ever be identified. These are the volunteers who unselfishly contributed" koha" in the form of their time and energies over 25 years to ensure the preservation and maintenance of the kaupapa of Kokiri Marae. Many have passed on but nevertheless were responsible for instituting a permanent legacy for opportunity and limitless expectation for present and future generations. The origins of this research was defined during a period of social and economic revolution for Maori in the 1950s. Many Maori were encouraged to relocate from an" at ease " rural life to an ordered but compelling urban mood which offered improved opportunities for education, employment and housing. The advantages of mixed social development did not blend comfortably with the customary cultural behaviour of Maori. Traditional practices, values and protocols contributed to a unique whanau existence. Unsettled from the " home " marae, separated from whanau links, and adrift from inherent principles which offered wisdom and counselling, those involved in the shift pined for a cultural oasis. All retained a yearning to rekindle the relationship of whanaungatanga that they had known and which was able to provide an inner peace to master difficulties that arose in urban surroundings For the culturally impoverished, Kokiri Marae offered a harmonious shelter and a recall of a accustomed life style. The traditional Maori value system of whanau offers effective solutions to many social and economic problems confronting society today. It can be utilised to manoeuvre communities through many difficulties and alleviate the stress many young families face. The Waitangi Tribunal claim is submitted on behalf of those dedicated unknown Maori who laboured at Kokiri Marae, and provided te taha wairua, te taha tinana, te taha hinengaro in an environment of contrast when it was required the most. 4 WAITANGI TRIBUNAL CONCERNING The Treaty of Waitangi AND CONCERNING a claim by Tata Parata and others relating to the disposal of Kokiri Centres DIRECTION COMMISSIONING RESEARCH 1 Pursuant to clause 5A (1) of the second schedule of the Treaty of Waitangi Act 1975, Melanie Baker of Wellington is hereby authorised to commission a competent researcher to complete a research report on Wai 415, a claim relating to the disposal of Kokiri Marae. 2 The commission involves the preparation of a paper addressing the following matters: (a) The situation which existed prior to the passing into law of the Maori Affairs Restructuring Act 1989 (b) An assessment of the level ( both financial and non­ financial) contributions made to the marae,by members of the local community, together with an assessment of Kokiri Marae's contribution to the local community in terms of social and cultural benefits, job creation, work skills development and other benefits. (c) The level of consultation with Maori representatives prior to and following the passing of the Maori Purposes Act (1993) (d) Whether any investigation was made on the likely impact on the local community of the decision to dispose of the Kokiri Marae. (e) What action should be taken to enable the Kokiri Marae to fully reflect the community contributions it is capable of making. 2 The commission commences on receipt of written confirmation of the commissioners acceptance of the terms and conditions of the commission. 5 3 The commission ends on 31 December 1995 at which time one copy of the report will be filed in unbound form together with an indexed document bank and copy of the report on disk. 4 The report may be received as evidence and the commissionee maybe cross examined on it. 5 The Registrar is to send copies of this direction to: Melanie Baker Claimants Counsel for claimants Solicitor General, Crown Law Office Director, Office of Treaty Settlements Secretary,Crown Forestry Rental Trust. Date at Wellington this 30th day of June 1995 Chief Judge E.T.J. Durie Chairperson Waitangi Tribunal. 6 Letter from Commissionee to Registrar I, Melanie Baker, of Lower Hutt, accept the commission to undertake research for Wai 415 and agree to the terms and conditions of the commission. Signed M Baker Date 24/7/95 7 INTRODUCTION - The Report commissionee's Personal Background My full name is Tata Winara Parata. Tribal affiliation is Te Atiawa/Ngai Tahu. Born in Eastbourne Wellington, I have lived in the Hutt Valley since 1942. A detective sergeant in the New Zealand Police from 1960 to 1975 provided the skills for examination, research and investigation. I have been involved in Maori community affairs since 1970. Appointed Hutt Valley executive officer ( 1981 to 1983 ) with the Department of Maori Affairs during the Tu Tangata programme. Tu Tangata provided for the establishment of kokiri centres. Seconded as secretary to the New Zealand Maori Council ( 1983 to 1987 ). Trustee of Kokiri Marae since 1981. Participated with whanau management to establish and meet NZQA training standards as a private training establishment ( pte ). Contributed in setting up additional training, social, welfare and youth programmes at marae. A member of Kokiri Marae deputation to Parliamentary Select Committee re Maori Purposes Act submissions. Appointed Kokiri Marae negotiator with Department of Survey Land Information to determine disposal process and valuation under provisions of Maori Purposes Act. Acknowledgements To the considerable contribution of information written and spoken, provided by the local Maori community at various hui held since 1993 and specially convened to assist in preparing this claim. To Mrs Keriana Olsen QSM who is the patriarch, kuia of the marae since the early 1970 and the Olsen whanau who were able to recall many of the events which dominate the contents of the report. To Melanie Baker the marae legal advisor who ensured that ordered procedures were established to meet requirements. To the unknown numbers of Maori community people who for two decades maintained the kaupapa of Kokiri Marae as their personal " koha II to enable Maori aspirations to be enhanced. 8 SUMMARY (1) Discussions under Maori Purposes Act No.2 Negotiations are currently taking place between Kok¢ri Marae and the Department of Survey and Land Information to agree on the disposal process and valuation of buildings and land at present managed by Kokiri Marae Incorporated. The disposal procedures are as directed by the Maori Purposes Act No.2. The Act allows kokiri centres to be sold by negotiation to the present management or occupiers at a dollar amount which can be decided by a government valuation process less a stated discount assessment through 1 the equity the management committee may have in the property; 2 the recognition of the positive contribution the kokiri centre makes to the community; 3 the ability of the third party to pay the negotiated price. An agreement to purchase between the Crown and Kokiri Marae management to be decided before July 1996. Note : NEGOTIATIONS UNDER (1) NOT COMPLETE. (2) waitangi Tribunal Claim The Kokiri Marae Inc. Waitangi Tribunal claim is based on a considerable long term voluntary community contribution over a period of 25 years. Community participation reduced government programme and operating costs and allowed for savings to increase accommodation of training space and improved overall facility provisions. The claim for the return of Kokiri Marae to the community is based on the " social equity " factor created over the term of Maori community involvement No date yet stated for a Tribunal hearing on claim. Note : THIS COMMISSION RELATES TO THIS CLAIM. NOT COMPLETE (3) Te Ture Whenua Maori 1993 application Further study and research is required to prepare a submission to have Kokiri Marae recognised as a marae under the provisions of Te Ture Whenua Maori 1993 Part XVII 338 " Maori reservations for communal purposes ". It has conducted services and activi ties over the past 20 years which are consistent to those performed on traditional marae. 9 The question whether property designated as marae is able to be sold by the Crown becomes a key aspect of the argument. Note : RESEARCH NOT COMPLETE. (4) Other waitangi Tribunal Claims The general land area ( Wellington, Hutt Valley and harbour ) including reclaimed land where Kokiri Marae is situated is the subj ect to a number of claims registered under the Wai tangi Tribunal provisions. They include Te Atiawa, Wellington Tenths and Rangitane. No date set for a Tribunal hearing on claims. Note : HEARING DATE FOR CLAIMS YET TO SET BY TRIBUNAL.
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