Labour would hear Maori claims back to 1840

Press, 3 February 1984, Page 1

Labour would hear Maori claims back to 1840

By

MICHAEL HANNAH

Parliamentary reporter A Labour government would allow ownership and compensation claims on Maori land dating back to 1840 to be heard by an extended Waitangi Tribunal. The party said yesterday that the possible cost of such claims was “not really relevant at this point,” but that it was more important that a new means of dealing with disputes be set up to ensure justice was done. The policy was released by the Acting Leader of the Opposition, Mr Palmer, and the members of Parliament for Western Maori, Mr K. T. Wetere, and Northern Maori, Dr B. C. Gregory, at a press conference. Asked about the possible

costs of meeting old claims, Mr Palmer said, “It is obvious that none of this will come to charge for a substantial period. It is not clear what will come to charge, or when, or in respect of what. It depends on what claims are made, what the tribunal finds about them, and what the ultimate decision is in relation to them.” He said the policy provided a mechanism for settling disputes, and arbitrary limits could not be put in advance on that process. Claims were expected to involve mainly land, and would probably take a long time, he said. The members of Parliament made it clear that claims on both ownership and compensation

would be investigated by the tribunal, which would then be required to make recommendations to the government of the day.

“It is the Crown which will have to make good that deficiency,” Mr Palmer said.

He believed a Labour government would feel morally bound to listen to the tribunal’s recommendations. However, it was not possible to make any assessment of the possible cost involved if such claims were successful. Mr Palmer listed three main changes proposed in Labour’s policy, the first big release of policy this year.

• The introduction of a Bill of Rights, recognising the Treaty of Waitangi.

• Radical amendment to the Treaty of Waitangi Act, 1975, to strengthen the tribunal and widen its powers.

• A review of the manner in which Waitangi Day is celebrated.

The Waitangi Tribunal would have its numbers increased from three to seven, with strong representation from the Maori people, and it would have resources and staff provided for research. It would be required to investigate claims itself and

not rely only on evidence available to claimants, and it would be empowered to hear claims dating back to 1840.

“What we are saying is there must be an authoritative means of settling those disputes and putting these claims to rest, and, more important than anything else, doing justice. What were the obligations the Crown undertook? To what extent has the Crown honoured those obligations? Now that, in common justice, is what must be done. It is the obligation of the Government to provide the means to see that it is done fairly,” Mr Palmer said.

“I think the time has come after 144 years when we should try some new means of dealing with these disputes.” Mr Palmer said pressures on Maori people in employment and health demonstrated the need for society to provide mechanisms providing justice and fairness. Mr Gregory said that the human cost, and not just the financial cost, of claims should be taken into account. Mr Wetere said the cost was “not really relevant at this point.” Referring to the proposed Bill of Rights, Mr Palmer

said the Maori people would be expected to discuss how the Treaty provisions should be incorporated into a Bill of Rights, providing guaranteed rights and freedoms to all New Zealanders.

There were disputes about which text of the Treaty should be used, and Mr Palmer asked whether it would be preferable to state guarantees to the Maori people in clearer language and with greater precision than existed in the Treaty. The Bill of Rights should be drawn up after a select committee had heard submissions and Parliament had debated the issue. It would then be put to a referendum. ' “It would need more than ordinary legislation to adopt it. We are talking about superior law, law which is higher than statute, higher, than an act of Parliament.

“If we are going to have such law in New Zealand, it must be adopted by referendum,” Mr Palmer said. He promised that the Labour Party would also revise the Waitangi Day ceremony after carefully considering submissions from Maoris and other people, who had views on how the Treaty should be commemorated.