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Waitangi Tribunal
This essay will discuss the processes involved when a grievance is brought before the Waitangi Tribunal, specifically the case of the Kaituna River Claim. The first part of this essay will cover what the Waitangi Tribunal is and the process of hearing a claim. The second part of this essay will discuss the Kaituna River Claim and the subsequent recommendations made by the Waitangi Tribunal.
The Waitangi Tribunal was set up by the Labour Government in 1975 to listen to grievances Maori had about ignored promises made in the Treaty of Waitangi. Many Maori people felt that they were not being listened to by Government. There are sixteen people, plus the chairperson, who are appointed by the Governor General, on the Waitangi Tribunal. These people are recommended by the ministers for Maori Affairs and Justice, and share a desire to help. In 1985, the Waitangi Tribunal was allowed by law to listen to the claims that dated back to 1840, when the Treaty was signed. An example of a grievance is the Kaituna River Claim.
Claims are received by the Waitangi Tribunal, checked and considered, and then findings and recommendations are put into a report, and forwarded to the Government. The first step is when a claim is received. Next, the claim is checked and facts about the claim are collected by all people concerned with the claim including the Tribunal, the Crown Law Office, and the claimants. The Tribunal then hears the claim. They then spend time considering the information and write a report that may include recommendations. The Government then reads the report and decides what action to take. Sometimes, the Government will negotiate directly with the claimants and other times a mediator will be needed. Refer to diagram one.
The Kaituna Claim was filed in 1978 by Ngati Pikiao. It was filed because the Rotorua District Council, along with the Bay of Plenty Catchments Commission and the Ministry of Works, gained approval to go ahead with the Kaituna River Major Scheme. This involved building a pipeline from Rotorua around the west side of Lake Rotorua to carry sewage into the upper reaches of the Kaituna River. Ngati Pikiao considered that this would cause pollution in the Kaituna River, which runs through their traditional land. Refer to diagram 2.
The reasons for the claim by Ngati Pikiao were on Medical, Social, Spiritual and Cultural gorunds. Medical evidence showed that there was risk of the river being contaminated by viruses. Swimming and fishing is not socially acceptable in water that is contaminated by human waste. The strongest protest was the Spiritual and Cultural implications of food gathering in the contaminated water. Maori custom requires water used for food to be kept strictly separate. A tapu would be declared and would mean a great economic loss.
When The Tribunal made it decision, it found that the scheme was contrary to the principles of the Treaty because of the pollution it would cause to the Kaituna River fisheries and that there were [next page]