News From Aotearoa ("New Zealand" - more info)

Riyad Sadiq Koya (rskoya@umich.edu)
Wed, 13 Jul 1994 10:34:03 -0400


---------- Forwarded message ----------
| Date: Wed, 13 Jul 1994 17:04:53 +1200
| From: J. Kehaulani Kauanui <KJK@antnov1.auckland.ac.nz>
| To: rskoya@umich.edu
| Subject: treaty rights

Can you please post this to Native net?--Thank you.
The posting is from a Maori group called
Te Kawau Maro
P.O. Box 4522
Shortland St.
Auckland, Aotearoa/New Zealand
phone/fax (64)-(9)-356-1475
----------

MAORI TREATY RIGHTS UNDER THREAT!

Background to the fiscal envelope:

THE SEALORDS DEAL

Before Sealords, Under the Treaty of Waitangi, Maori
were guaranteed the full exclusive and undisturbed
possession of their fisheries. Because of the Sealords
deal, all we have now, is 37% of the total allowable
commercial fishing catch.

TO GET THIS WE HAD TO:

1. Drop all individual iwi (tribal) claims on fisheries
in favour of a national settlement.

2. Accept debt. We bought a company (Sealords) with $150
million dollars worth of debt. (The crown had just written
off the Bank of new Zealand's debt of $450 million dollars.
So, why did we accept a company with a debt of $150 million,
when we owned the fishing rights anyway??? This is a major
flaw in the Sealords deal.

3. Extinguish our fishing rights under the Treaty of Waitangi.
By signing the Deed of Settlement, (Sealords) which was only
signed by 43 Maori "negotiators", we gave up our fishing
rights under the Treaty of Waitangi. Maori now have no
legal right to claim owndership of fisheries.

THE FISCAL ENVELOPE CAME OUT OF THE SEALORDS DEAL

Clause 4.6 Treaty of waitangi Settlement Fund, in
the Deed of settlement (Sealords) was introduced
into the 3rd draft on the day of signing. This
is the fiscal envelope.

This means that the 43 Maori signitories, who signed on
behalf of all Maori people, accepted the Crown's position
that they had insufficient or limited resources, to settle
all other treaty claims.

The crown has the right to set the cap on treaty claims.
It means they can get away with a part payment, as a full
and final settlement on all treaty claims.

The crown intends to settle treaty claims with individual
iwi (tribes), from teh contents of the fiscal envelope.
When the contents of the envelope have been distributed t
here will be no more money, no more claims and no more
treaty rights.

MAORI NEGOTIATORS DEAL

The Maori negotiators have a different idea!

These negotiators came to power through the Sealords deal.
Their mandate to negotiate that deal was questionable
to say the least. They are now negotiating a draft of other
deals based on national settlements, similar to Sealords.
That is, the exchange of our treaty rights for a billion dollars
worth of commercial interests in State Owned Enterprises (SOEs).
(We didn't need the crown to set the limit, we did it ourselves)
This would mean iwi (tribes) dropping individual claims in
favour of national settlements.

Graham latimer and the NZ maori Council, commisioned Bancorp,
merchant bankers--to put together this deal. (they are the same corp.
who got over one million dollars from Maori for stitching together
the Sealords deal...while Maori can't even get a fish head from
Sealords...)

COMPONENTS OF SETTLEMENT

90% of cap--in the form of Forestrycorp, Coalcorp, Electrocorp,
Landcorp.

10% cash and Spiritual land, meaning the possible return of
Wahi tapu and uru pa (burial sites) already under claim.

We (Maori) couldn't afford to do this on our own, so we'd
jump into bed with Brierlies, or Fletchers as a joint venture
partner. Being a high financial risk situation, they would add
a "trigger clause" in this deal, which would mean the joint
venture partner can pull out at any time. Maori would then
end up having to replace that capital!!!

WHY ARE WE ACCEPTING DEBT?

WHY ARE WE BUYING BACK WHAT IS RIGHTFULLY OURS?

We would be in so much debt, that distribution (that is,
the trickle down effect to the people) would be deferred
or put off. This is a generational settlement that deny young
Maori the prime of their lives!

This proposal not only makes incredibly bad economic sense,
but transforms our framework of tikanga (traditional ways) based
on treaty rights, to economic resource units based on economic
values. In other words, it puts an economic value on our
taonga (inherited treasures).

In economic terms, this country is worth thousands of billions
of dollars, built up during the last 150 years when Maori lands,
fisheries, and natural resources were pillaged by the crown.

So one billion dollars as the limit for treaty settlements is
pathetic, as is the notion of buying back what is already ours.

THE UNANSWERED QUESTIONS

Given that 75% of our Maori population is under the age of 30
years old, how many Rangatahi (non-elders) were consulted or
otherwise involved in the generational settlements now being advanced?

(If a one billion dollar settlement is effected, this amounts
to $500 dollars each!)

What are the madated processes of decision making in Maoridom?

Did the signitories to the deed of settlement understand the
implications to the Sealords deal?

STOP ALL NEGOTIATIONS ON TREATY SETTLEMENTS!

WHAT WE NEED IS:

*Mandated processes of decision making. That means decisions
made by the people, not by crown appointed negotiators and trust
boards.

* A consultation process that reflects the Tikanga (traditonal
protocol) of iwi (tribes), hapu (subtribes), and whanau (extended
families).

*A negotiation process that does not lead to the extinguishment
of Maori rights under the Treaty of Waitangi, and which
acknowledges the sovereignty of nga iwi Maori (the Maori tribes).

--------------------release end here-----------------------------

if other First Nations have any information to offer on corporations
such as Bancorp and otehr multinationals, we can possibly map out
the links between their "facilitating" other "cash settlements" on
behalf of (neo)colonial governments. Please post any information
on other cases of forced corporatisation/consolidation among other
indigenous peoples.

Thank you for your support.