Source: Radio New Zealand
Minister for Māori Crown Relations Tama Potaka. RNZ / Mark Papalii
A group of Tūhoe kaumatua say plans to remove the supervisory jurisdiction of the Māori Land Court (MLC) over many post-settlement governance entities (PSGE) will deny Māori access to justice and accountability.
The government is proposing legislation gives PSGEs the choice to be exempt from sections 237 and 245 of Te Ture Whenua Māori Act 1993 – which give the MLC jurisdiction over trusts, to the High Court.
Cabinet signed off on the proposal in 2025 following a ruling from the Supreme Court in 2024 that meant Te Uru Taumatua (TUT), the settlement entity for Tūhoe, was subject to jurisdiction of the MLC.
In 2019, Tūhoe kaumatua Paki Nikora, a staunch critic of TUT, started legal proceeding against the PGSE over its election processes on behalf of Te Kaunihera Kaumātua o Tūhoe.
Nikora died in 2023, aged 73, but the legal battle continued, culminating in the Supreme Court’s ruling.
In a statement, counsel for the Kaunihera, Paul Harman, said the proposed Bill overruled that decision.
Harman implied the proposed bill showed how “far” the Crown and TUT were prepared to go to “override access to justice”.
“It weakens the rule of law when governments make legislation in such haste.” he said.
“We went to the Māori Land Court because Te Uru Taumatua had no meaningful dispute resolution process. This is one of several failures of its Trust Deed, with its election processes being another… all that remains is a High Court application, and I suggest that is too expensive for most Māori.”
Harman claimed the proposed Bill would effectively remove independent judicial oversight and deny Te Kaunihera Kaumātua o Tūhoe and other Māori due process and legal recourse.
In a statement to RNZ, Te Uru Taumatua chief executive Kirsti Luke said the Supreme Court’s ruling made “no real sense” for reality of iwi or PSGEs.
“It was never the Crown or iwi’s intent in reaching settlements, and enacting them in legislation, that the Māori Land Court would have any subsequent jurisdiction over iwi’s self-determination.
“The court acknowledged the situation, that its interpretation created, should be fixed by Parliament, and that is also the course of action we and other iwi support.”
A cabinet paper shows 42 of the country’s 73 PSGEs have formally requested exemption from the court’s oversight
In a statement, Minister for Māori Crown Relations Tama Potaka said the government recognised that PSGEs undertook important responsibilities on behalf of their Iwi.
“Many continue to do so in a diligent and professional way, with strong support from their members and uri.” he said.
“It is important to be clear, however, that a PSGE is not synonymous with the Iwi itself. An is an Iwi. A PSGE carries out defined roles and responsibilities on behalf of Iwi under its trust deed and settlement arrangements, but it does not define the identity or mana of the Iwi.”
Potaka said the proposed legislation reflected the engagement had with PSGEs across the country and the considerations of the Supreme Court had been carefully taken into account.
“This work has not arisen suddenly. Discussions have been underway for some time, including through the former Te Arawhiti structure, and have involved detailed consideration of how best to provide certainty within the PSGE framework.”
“It is also important to emphasise that matters relating to the structure, accountability and leadership of PSGEs ultimately sit with Iwi members. Where Iwi members believe change is needed, whether amendment or replacement of governance arrangements, there are established pathways within trust deeds and Iwi processes to do so. Those are decisions for Iwi to determine.”
Potaka said draft legislation was still being worked through and would be introduced “in due course”.
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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand
