April 28, 2022
Court refuses to give Ngāti Whātua veto
Ngāti Whātua Ōrākei is considering its next steps after the High Court refused to give the hapu the declaration it sought that it holds exclusive mana whenua rights over central Auckland.
In a 300-page judgment, Justice Matthew Palmer said neither the Crown nor Parliament determines mana, mana whenua or ahi kā roa.
Nothing in the Tamaki Makaurau collective agreement, deed or settlement act affects who has mana whenua, or what that means, at tikanga in Tāmaki Makaurau, and Orakei can’t stop the crown making settlements with other iwi.
Ngati Whātua spokesperson Ngarimu Blair says there were some positives, including an acknowledgement of the thoroughness of Ōrākei’s historical research.
He says the crown was also scolded for moving too fast to reach settlements without considering tikanga.
The door is still open to use tikanga to resolve differences with cross-claimants.
Mr Blair says the case has been a big-ticket item, but after facing extinction, Ngāti Whatūa Ōrākei has a strategy to build its resources so it is not pushed around by the crown or anyone else.
The full document can be found here: