Te Tai – Treaty Settlement Stories

Story: Raukawa

Treaty negotiations

CHAPTER 5 Treaty negotiations

Image: Chris McKenzie, Raukawa Treaty Negotiator

Comprehensive negotiations

In 2008, the team met with the probable candidate to take up the role of Minister in Charge of Treaty Negotiations, Christopher Finlayson. When National came to power later that year, a relationship had already formed between Raukawa and the newly appointed Treaty Minister.

In late 2008, Trevor Himona of Ngāti Tūkorehe joined the Raukawa negotiations team. Himona assisted with the development of the Raukawa Claimant Committee (the RCC). The committee comprised of marae, trustees, kaumātua and uri members. They formed smaller sub-committees to oversee the various workstreams of the settlement.

Waikato River Co-Management

On the 17 December 2009, Raukawa welcomed Minister Finlayson and his officials for the signing of the Deed in respect of the Waikato River Co-management Framework at Whakamaru. The signing of the deed followed a year – long comprehensive review of the Co-management Framework by the Minister.

Women in black with leaves singing and dancing with a bare-chested man with a taiaha to their right. Set on a lawn of grass near a temporary canvas shelter.
Raukawa pōwhiri for the Waikato River Co-management signing.

This Deed, and its later legislation, was not strictly a ‘Treaty settlement’ as it did not provide redress for past Crown actions – though it was the result of a long struggle to recognise Raukawa rights and interest in the awa and wai. Instead, it set out a structure for the future management of the Waikato River. That structure recognised the manawhakahaere of Raukawa and ensured that Raukawa (and other iwi) would play a key role in the future care and management of the Waikato River. It also built Raukawa capacity to undertake this role and to continue to press for the recognition of Raukawa rights and interests in the wai and other natural resources.

Men and women sitting around a square meeting table.
Raukawa team pre-meeting in Wellington for the Waikato River.

Waikato River – Chris McKenzie, Nigel Te Hiko

Video transcript

Chris McKenzie:

‘That culminated in the largest single dollar settlement in history, that was a huge transfer of assets. We have been in the largest river negotiations, the largest land based negotiation and our own comprehensive. Those were exciting times.

I mentioned a few of the things that we had to do, and we had to do them quickly, now consider that we had to do that times three at the same time because we were negotiating our historical land claims, at the same time we were negotiating our river claims, at the same time we were negotiating our Central North Island Forest claims.

It was the third Settlement day we had, we settled the Waikato River which I really enjoyed that, Deed signing and CNI prior to the final Deed.

All of them were special days in their own right. Every time we signed one, I could see us having progressed a little bit more and we were moving further and further in the right direction, from my view anyway.’

Nigel Te Hiko:

‘Immediately after the first reading, however, Raukawa had another kaupapa and that was Terms of Negotiations to begin the discussions regarding a co-management framework around the Waikato River. This is the work that Stephanie was working on. Stephanie was our Environmental Manager before she was seconded into the negotiations team.

The Waikato River Co-Management Framework is not necessarily part of our settlement deeds. It was a discrete arrangement between the Crown and Raukawa in terms of revitalising the health and wellbeing of Waikato River and its catchment.

So Stephanie had been working on this for a number of years, since she was seconded into the negotiations team. It was very difficult because it was a very technical agreement/arrangement. One that required technical expertise and Stephanie was definitely the right person for the job because she had that expertise.

In 2010 we had reached the point where we were able to sign an agreement with the Crown for the Waikato River and that was signed early 2010 at Whakamaru. We went to the Water Skiing club at Whakamaru.

We went there because we wanted to show the connection between ourselves and the Waikato River.

Plus its a stunning views at the Water Skiing Club. It’s where they filmed Yogi Bear.

In the background you can see Mount Kahu and when you are out looking from the lodge over to the Waikato River is just amazing views. So we thought “Lets organise our ceremony there”.

The Minister at that time was Chris Finlayson. The government had changed from Labour to National and so Chris Finlayson had reviewed what had gone on for the river, he made a few tweaks, a few changes and by 2010, we were ready to sign.

He went to Waikato Tainui first on that particular day and then they made their way over to us ... so the Minister and George, after the pōwhiri everybody was taken around to the verandah in the front of the lodge and that’s where we held the ceremony. It was the first time that we held a ceremony and the MC did it all in te reo.

I remember the Minister, who came with him that day, I think it was Te Ururoa, Te Ururoa had to translate for him because everything was done in te reo. It was quite funny for us.

When George got up and did his kōrero, I knew that that was something that was going to be special that particular day as well.

It was a day that we also recognised Stephanie for the work that she had done and so she was presented with a special korowai that was gifted to her on behalf of the iwi. I remember when Nanny Kahu and Whaea Ruthana and Aunty Lorna put it around her.

She was introduced... to the people with this korowai draped over her. For me that was something special because Stephanie was like a little sister to me in the negotiations. Stephanie was a part of our team, she was a major part of our team.’

Nigel is to stand corrected as the signing took place in December 2009 and not January 2010.

Grassy area with seats looking out to sheltered harbour.
Whakamaru Recreational Reserve.
Mana at a lectern speaking to seated audience. Located on the banks of a river'.
Signing ceremony at Whakamaru Recreational Reserve.

Bus tour

The Raukawa team invited Minister Chris Finlayson on a coach tour of the Raukawa takiwā on the 20 January 2010.

The purpose of the tour was to assist the Minister to get a ‘feel’ for Raukawa, the size of the takiwā and the extent that Crown actions disadvantaged Raukawa. It was also an opportunity for RTB trustees and key kaumātua to share their stories with him.

The theme of the tour was to mirror the development and the growth of the iwi commencing at Whenua ā-kura in the Kaimai Ranges (where Raukawa was born) through to Wharepūhunga (where he was raised) and then on to Te Pae o Raukawa (where the iwi expanded).

The effect of the tour was substantial as the Minister’s perception of the iwi and of the iwi story changed. As a negotiations tool, the tour had achieved its desired result.

Bus tour – Nigel Te Hiko

Video transcript

Nigel Te Hiko:

‘We were fortunate as well that we had George Rangitutia with us who was our lead statesman and he played that role. One of the key things for us was that we didn’t have a Tumu. We didn’t have a knight, or a Sir, or a dame that would knock on the door and say “Crown I want to talk to you.” What we did have was George Rangitutia and George quickly developed a friendship with the Minister Chris Finlayson. Their friendship really blossomed when George took the Minister on a bus tour around our rohe, around our... takiwā. It stuck with the Minister for so long. He probably still talks about it today, the day that our leading chief took him, drove him around the rohe talking about our sites of significance within our area of interest. In fact he mentioned that in his speech in the third reading.’

Te Puāwaitanga-o-Raukawa

In September 2010, Minister Chris Finlayson and his colleague, local member of Parliament, Louise Upston attended the Te Puāwaitanga-o-Raukawa, Raukawa Reconciliation Day. The day was an opportunity for Raukawa uri to present their kōrero around the effects of the Crown’s breaches upon themselves and the iwi. On that occasion the minister was invited to simply listen to the stories.

It was a powerful tool used by the iwi to put a face to the stories. It provided opportunity for the Minister to appreciate the sense of hurt felt by the iwi. The stories expressed that day were compelling and highlighted Raukawa grievances. No one present left untouched by the enormity of each of the stories told.

Te Puāwaitanga (Reconciliation day)

Video transcript

Chris McKenzie:

‘So we had to think about what else we could do. We liked the idea of the Truth and Reconciliation Hearings that took place in South Africa. Where communities were terrorised by individuals. Black communities were terrorised by individuals. Judges and the Court went from community to community and they could bring the perpetrators of those crimes in front of them and they could tell those people how it made them feel.

That person who perpetrated the crimes could then talk as well and if appropriate, appropriate apologies would be made. What they found during those Truth and Reconciliation Hearings is that Police Chiefs who had raped, beaten, murdered and tortured in their communities, stood up and answered for their crimes. People met these people and understood what drove them. They could see they were truly remorseful and communities accepted the apologies.

So we thought we would run that ourselves. It was a moving day, a number of Ministers came respectfully... and the Prime Minister, and respectfully sat and listened while claimant after claimant got up and spoke about how they were carrying claims on behalf of their mother or their grandmother and they spoke indepth about their specific family circumstance and the family claim.

One of the claimants was my wife and she was there on behalf of her mother, who was a claimant. Her mother having died 2 or 3 days before the Truth and Reconciliation. I said to my wife, as a claimant in a professional capacity “I’m not sure that, you know, you are going through a very emotional time. Your mother has just passed away and I’m not sure you might want to stand.” She was adamant. “No I’m going to do this on behalf of my mother.”

I was concerned, but this is exactly what this forum is about. It’s about claimants bringing the claims. Having their own safe space to talk. So my wife stood up. I read her prepared speech, it was good. It spoke about a couple of generations of loss of language which was important to her. Them being disengaged and having to move away from our area because we had no tribal lands. Not knowing her own family and so, when she got up to speak I thought she was going to make some good points.

As soon as she stood, she broke down and cried. She stared at the Ministers and screamed “You murdered my mother! You didn’t do it, but I know you murdered her. That many of the issues that she grappled with in her later life was exacerbated by the policies that you represent, by the lost opportunity that she had, by your successive governments policies in the way that you treated our people.”

She didn’t say that elloquently. She used quite a few more swear words than I’m using now. It was raw and emotional and took people by surprise. That was the context for the day. People spoke about it.

We had one of our nannies, Nanny Kahu, who was, I don’t know how old she was, nearly 90, you know, who was moved from place to place when she was young. Who didn’t suffer historic Native Land Court loss, she suffered direct Crown action Public Works Act, use the Public Works to strip them of their land. She knew first hand what it felt like because one minute she’s living on the tribal estate as a young girl and next minute they had nowhere to live. She talked about how she lived in Taupō and how for the first time a guy would come over every fortnight and ask for something called rent and wanted money which they didn’t have because they never had a job.

Ministers had never, I don’t think engaged firsthand with people who were actually impacted. We talked about a range of things. I know that it had an impact upon the Ministers. I know because when it came their turn to respond, nobody really wanted to say anything. I think they’d prepared a speech to say, but I think they realised it would be inappropriate given the level of emotion. So they said “Can we have some time to think about that and we may have to do this again.”

Nigel Te Hiko:

‘Nanny Kahu, Aunty Kahu talked about this at our Reconciliation Day. We had a Reconciliation Day with Minister Finlayson and Louise Upston at the time. We invited the Crown to come and hear the stories of our people, here in Tokoroa.

The Minister showed up and after the pōwhiri, we got our claimants to get up and tell their stories and Nanny Kahu told that story. It had us in tears, not the staged tears that you often see happening, it was real tears because it was a real story.

The Minister didn’t know what to do at this Reconciliation Day. We were all uncertain about what it would look like, but one thing that we wanted him to do and that was just to sit there and just to listen. Don’t say anything. Just listen to us, because it was all about giving our people a chance to say what they needed to say. When Nanny Kahu told that story, it was probably one of the most powerful stories I have ever heard.

It was made even more powerful when she said in her final comment that for her the story of what happened to her parents is a mamae that will always be remembered but need not necessarily be carried. It is a mamae that we need to heal from and that should end with her generation so that the future generations need not carry that sort of mamae forward.

That was just courageous for me. I don’t know whether I would have the fortitude or the manaaki to be able to move forward after something like that. I don’t know whether I could do that. But the courage that she showed, that day was the courage that flowed on to when we signed our Deed of Settlement.

It was Nanny Kahu that accepted the apology from the Crown on behalf of the iwi. It was her inspiration that gave us the courage to accept the Crown’s apology.’

Changes and overlapping claims

In 2011, the negotiations were essentially at a stage where the iwi could ratify the settlement.

The team again went out around the country to the iwi in a round of hui to ratify the proposed settlement. With an overwhelming 94% vote in favour of signing the deed of settlement, the iwi had ratified the deed.

Chris McKenzie continued to lead the negotiations until the beginning of 2012. Fearing that the settlement process would lose momentum, Rangitutia as the RCT Chair approached Vanessa Eparaima, the inaugural Chair of the Raukawa Iwi Development Limited to continue the work.

Within the space of one short hui with the Office of Treaty Settlement (OTS), Eparaima immediately seized upon the opportunities that presented themselves and adroitly dealt with each situation as it arose.

She showed uncanny ability to manoeuvre through the minefield that was the Crowns overlapping claims process whilst at the same time keeping the RST and the iwi focussed upon the main goal of reaching settlement.

Two men and a woman sitting in a foyer and smiling at the camera.
Raukawa team at CNI Adjudication Process – Baden Vertongen and Nigel Te Hiko with Vanessa Eparaima.

Navigating the overlapping claims process was a particular strength that Eparaima exhibited. There were significant overlapping claims matters that Eparaima piloted the negotiations through.

Other iwi, such as Te Arawa and Ngāti Hinerangi filed for urgency in the Waitangi Tribunal against the Raukawa settlement, but these did not halt the settlement because of the strategic approach taken by Eparaima.

Overlapping claims – Chris McKenzie, Phyllis Tahere

Video transcript

Chris McKenzie:

‘So I know that in hindsight, there were some mistakes made, but actually when I look back on it with the vast amount of work and decisions that were made and to bear in mind this, that we live in the Central North Island.

We are to date, the most overlapped tribe in the country. We are overlapped with tribes who think we are their hapū, so at least three or four tribes around our area were actively working against us in settlement because they felt that we should be in their settlement.

This in the very early days, was difficult. Difficult because we wanted to be respectful to other tribe’s conversation, but difficult because Raukawa, during history has always been considered to be a humble tribe and that humility has led us to, in my view, lose our identity.

For awhile there, we had to be a bit more assertive and that came with some difficulty.

So, nothing ever prepares you for that, nothing prepares you for the first letter you get from Te Arawa saying “Your lead negotiator has belittled my tribe and trampled the mana of an entire people” and my board received that in my first week here.

My first month here, Tainui waka, the entire board and their kaumātua came down on vans to meet with the board and asked for our Treaty team to be replaced because we were not going to be able to get a settlement through and that they were better placed to run our negotiatons.

You know, nothing prepares you for that, nothing.’

Phyllis Tahere:

‘So I believe we have grown... and we are still growing. We are still moving forward and we are still learning a lot more as we go along in that journey.

Even though we have settled and... our deed and ... part of that legislation still allows for some of the overlapping claims that we are still in discussions with at this time.

One of those overlapping claim areas is our Te Waihou, Waihou awa, that is a discussion that takes place with ourselves, our whanaunga of Ngāti Hauā, Ngāti Hinerangi and the Hauraki Iwi Collective. So that’s still very much ready to be settled.

We have been in discussion over these last few years with the Crown over a possible co-management plan and that is still happening at the moment.

We also have with our whanaunga to the other side of us Ngāti Maniapoto, who are now in that space of negotiations. We still have an area where we are discussing, that overlapping area of Waikeria and that was also part and parcel of what do they call it, a space saver within our legislation for our deed.

So those talks are still happening as well, we haven’t had quite as much interaction with our whanaunga of Maniapoto as far as Waikeria is concerned but, those are still very much areas that we need to still be in discussions and our deed still allows us to do that.’

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