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1996-1997 Maori L. Rev. 1 (1996-1997)

handle is hein.journals/maori1996 and id is 1 raw text is: 0 I he Mo ri Law eiew A monthly review of law affecting Maori February 1996 This issue may be cited as Maori LR Feb 1996 Internet World Wide Web: http 1fwww.kennettco.nzmaorilaw Editor: Tom Bennion PO Box 11 310 Wellington New Zealand Phone/fax (04) 475 3681 email bennion@actrixgen.nz Publisher: Esoteric Publications PO Box II 310 Wellington New Zealand Phone/fax (04) 499 6376 email ken nett@actrix.gen.nz North American Sales: Gaunt Publishers 3011 Gulf Drive, Holmes Beach Florida 34217-2199. USA Phone (813) 778 5211 Fax (813) 778 5252 ©Copyright Tom Bennion 1996 ISSN 1172-8434 MAORI LAND COURT AND APPELLATE COURT In Re Rangitane o Tamaki Nui-a-Rua Inc Society 11 Takitimu A CMB 96, 9 February 1996. Deputy Cf Smith, Carter, Savagef This was an appeal from an order under s30(3)/1993 appointing representatives of the hapu, iwi or general Maori of the Tararua District for the purposes of consultation with the Tararua District Council (the lower court decisions are noted in Mdori LR Nov 1994 p2 & Jul 1995 p2). The council had made the application because of disputes between Rangitane and Kahungunu groups. The original application asked that the Chief Judge request the land court to determine tangata whenua for the district and also in terms of the Resource Management Act 1991 and the Local Government Act 1974. The Chief Judge thought it appropriate for the court to consider who were tangata whenua only to the extent strictly necessary for the application. Any wider consideration might intrude on the functions of the Planning Tribunal, and by defining tangata whenua for a discrete area, the court might fail to take account of possible overlaps with other tribal groups. Accordingly, he asked the land court simply to determine appropriate representatives for the Tararua District for the purposes of consultation. After a hearing and interim decision, the land court had made an order appointing 3 persons nominated by Ngati Kahungunu as representatives, the Rangitane group being unwilling to make nominations. They were nevertheless given 6 months to reconsider their position. The appellants argued that the lower court had made mistakes of fact, had wrongly interpreted evidence, and had come up with a joint committee structure which had not worked in the past. Held: the appeal should be dismissed. The appellants had concentrated on showing that they were tangata whenua of the district and the lower court had rightly taken this evidence into account. It would be hard to envisage any representation not including some persons from among tangata whenua. But the lower court made no finding as to tangata whenua of the district, but regarded both Rangitane and Kahungunu as entitled to representation, as members of both iwi were undoubtedly resident throughout the district. The comments alleged to be mistaken were obiter and not significant to the final decision. Both tribes had been found to be present in the district and who had primacy had little bearing on the final decision. The court had appropriately focused on representation issues and not tangata whenua status, as directed by the Chief Judge. The Resource Management Act 1991 s2 (definition of tangata whenua) refers particularly to those holding manawhenua over land. It is difficult to see how an iwi can claim manawhenua over land when the owners of that land do not recognise that iwi and claim allegiance to a related iwi.

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