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April 29, 2022
Court won’t pick winner in Tāmaki tikanga battle
Adam Gifford
Posted On April 29, 2022
Download AudioThe lawyer who acted for the Marutuahu Collective in a High Court case over who holds mana whenua in central Auckland says it should not be seen as having winners and losers.
The court did not give Ngāti Whātua Ōrākei the declarations it sought that it held exclusive ahi kaa and mana whenua.
But it did remind the crown it needs to take reasonable steps to understand, recognise and respect the tikanga of iwi or hapū.
Paul Majurey says all credit should go to the hapū and iwi who took part in the 11-week hearing.
He says Justice Matthew Palmer acknowledged tribes may have different tikanga and views of the world.
“In a legal sense, yes, it could be said tribes of Te Ākitai-Waiohua, Ngāi Tai Ki Tāmaki, Marutuahu won, but I don’t think that’s how many of us see this in that we wanted to bring to the court our histories, our people, our ancestors, our moemoeā in terms of Tāmaki, as did Ngāti Whātua Ōrākei,” Mr Majurey says.
The court did recognise Ngāti Whātua Ōrākei has mana whenua and ahi kaa under its tikanga – but so too do the other iwi under their tikanga.
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