Wellington public servant and barrister and solicitor Gerardus van Bohemen has been appointed a Judge of the High Court, Attorney‑General Christopher Finlayson announced today.
Justice van Bohemen graduated from Victoria University with a BA (English) in 1977 and an LLB (Hons) 1st Class in 1979. Between 1978 and 1982 he worked for the Legal Division of the Ministry of Foreign Affairs, before spending four years at the New Zealand Permanent Mission to the United Nations (UN) in New York.
In 1987 Justice van Bohemen returned to New Zealand and was the Deputy Director of the Legal Division at the Ministry of External Relations and Trade, leaving in 1990 to join Russell McVeagh McKenzie Bartleet & Co in Auckland.
In 1993 he returned to New York and spent two years as the Deputy New Zealand Representative to the UN and the UN Security Council. On his return to New Zealand in 1995, he joined the Auckland office of Buddle Findlay as a senior solicitor, becoming a partner in 1996.
Justice van Bohemen joined the partnership of Chen Palmer & Partners in 2004. He returned to the Ministry of Foreign Affairs and Trade in 2005 as Director of the Legal Division and International Legal Adviser to the New Zealand Government and became the Deputy Secretary responsible for Multilateral and Legal Affairs in 2010.
In May 2015 Justice van Bohemen was appointed New Zealand’s Permanent Representative and Ambassador to the UN and New Zealand’s Representative to the UN Security Council.
The new Judge will sit in Auckland.
Wellington barrister Pheroze Jagose has been appointed a Judge of the High Court, Attorney‑General Christopher Finlayson announced today.
Justice Jagose graduated with an LLB from the University of Auckland in 1987 and commenced employment as a legal officer with the Northern Government Officers’ Union in Auckland. In 1989 he graduated with an MA in International Relations from Lancaster University and began working as a legal officer with the New Zealand Air Line Pilots’ Association.
In 1995 Justice Jagose joined the Wellington office of Chapman Tripp as a solicitor, specialising in telecommunications and other corporate commercial litigation. Justice Jagose became a partner at Chapman Tripp in 2000.
Justice Jagose commenced practice as a barrister sole in February 2016, specialising in competition and trade practices as well as company, securities, employment, public and administrative law. He has appeared at all levels of New Zealand’s legal system, including in the Court of Appeal and Supreme Court.
He has been internationally recognised as a leading commercial litigator by independent legal directories Chambers Asia Pacific, Chambers Global and Legal 500 and was the only non-QC barrister ranked by Chambers in New Zealand in 2016.
Justice Jagose is widely published and was involved in designing and supervising the New Zealand Law Society entry‑level Civil Litigation Skills course.
The new Judge will sit in Auckland.
The Crown has signed a Deed of Settlement with Ngāti Tūwharetoa at Waitetoko Marae, Minister for Treaty of Waitangi Negotiations Christopher Finlayson announced today.
“Past actions and omissions by the Crown debilitated the social, economic and cultural structures of Ngāti Tūwharetoa,” Mr Finlayson said. “Today marks the beginning of a new relationship between Ngāti Tūwharetoa and the Crown.”
The settlement provides Crown acknowledgements, an apology and redress for the Crown’s historical breaches of the Treaty of Waitangi.
Ngāti Tūwharetoa will receive financial and commercial redress of $25 million. Cultural redress includes cultural funds totalling $3,950,000 as well as the transfer of 32 properties of cultural significance to the iwi.
Ngāti Tūwharetoa’s historical grievances against the Crown include the prejudicial impacts of native land laws, the breach of obligations relating to Tongariro Maunga and environmental degradation that occurred following the construction of the Tongariro hydro-electric power generation scheme.
“We can never fully compensate Ngāti Tūwharetoa for the wrongs of the past but today’s settlement contributes to a stronger economic and culture future for the iwi.
“This is the 84th deed of settlement signed by the Crown and an important step towards completing Treaty settlements in the Central North Island and throughout New Zealand,” Mr Finlayson said.
The Deed of Settlement is available online at www.govt.nz/treaty-settlement-documents/ngati-tuwharetoa/.
Notes for editors:
With a population of approximately 36,000 people, Ngāti Tūwharetoa is the fifth largest iwi in New Zealand. Its area of interest covers most of the Central North Island region and is centred on Lake Taupō (Taupōmoana) and the Central Plateau.
Ngāti Tūwharetoa received a share of Crown Forest Land in the Central North Island valued at $203 million as part of the 2008 Central North Island Forests Iwi Collective settlement.
Within the next year, the Crown will begin cultural redress negotiations over Tongariro National Park with Ngāti Tūwharetoa and other iwi and hapū with interests in the park.
The House of Representatives sat through extended sitting hours this morning to pass the Ngāti Tamaoho Claims Settlement Bill through its first reading. The Bill has been referred to the Māori Affairs Committee.
“Today is a significant milestone for Ngāti Tamaoho and I acknowledge all those who have worked on this settlement over many years,” Mr Finlayson said.
“This Bill acknowledges the past wrongs of the Crown and provides important redress which recognises the spiritual connection between the iwi and their environment.”
The settlement also provides financial and commercial redress of $10.3 million and a cultural revitalisation fund of $590,000.
The Rangitāne Tū Mai Rā (Wairarapa Tāmaki nui-ā-Rua) Claims Settlement Bill and the Ngāti Pūkenga Claims Settlement Bill passed through second readings during extended sitting hours today.
“The broad cross-party support for these Bills recognises the importance of settling historical Treaty grievances in a full and final fashion,” Mr Finlayson said. “Today the people of these iwi are one step closer to enjoying the benefits of settlement.”
Attorney-General Christopher Finlayson and Immigration Minister Michael Woodhouse were in Ottawa, Canada this week to attend the annual Five Country Ministerial.
The Five Country Ministerial brings together Interior Ministers, Immigration Ministers and Attorneys General from the United States, Canada, the United Kingdom, Australia and New Zealand to discuss a range of common national security issues and identify areas for collaboration. This year topics included counter-terrorism, cyber-security and border security.
“New Zealand takes our partnership with our Five Country colleagues extremely seriously,” Mr Woodhouse says.
“At a time when global terror threats are heightened, these meetings are an opportunity to share intelligence and ideas with our Five Country colleagues, particularly in relation to border security issues and the general movement of people.”
While in Ottawa, Mr Finlayson also attended the Attorneys General Quintet, now in its eighth year. The Quintet brings together the Attorneys General of the same five countries to share approaches to a range of complex and trans-border legal issues.
This year’s meeting included a session led by New Zealand to discuss current legal frameworks for intelligence and evidence in legal proceedings.
“Our countries are dealing with a number of common issues, many of them with cross-border aspects,” Mr Finlayson says.
“These meetings provide a valuable opportunity to work with jurisdictions similar to our own on difficult challenges posed to security, law enforcement and the courts.”
The Five County Ministerial Joint Communiqué issued at the conclusion of the meeting is available here: www.publicsafety.gc.ca/cnt/rsrcs/pblctns/fv-cntry-mnstrl-2017/index-en.aspx.
The Quintet of Attorneys General Joint Communiqué will be available shortly.
A bill to improve public access to the law has been introduced to Parliament, Attorney-General Christopher Finlayson announced today.
“This Government is committed to producing an accessible, clear and up-to-date statute book,” Mr Finlayson said. “The Legislation Bill will make it easier to find and access secondary legislation by requiring it to be published on the New Zealand Legislation website alongside Acts of Parliament.”
Currently over 100 agencies are empowered to make secondary legislation on a wide range of matters such as food standards and financial reporting standards. There is no single source for these legislative instruments, many of which are published on agency websites or in gazettes notices.
If enacted, the Legislation Bill will extend the scope of the New Zealand Legislation website to include secondary legislation which will result in a single, official, public source for New Zealand legislation (with the exception of legislation made by local authorities which is not included in the Bill).
“Implementation of the Legislation Bill will provide greater certainty for the public about their rights and obligations, reduce compliance costs and enhance Parliamentary scrutiny of secondary legislation,” Mr Finlayson said.
The Legislation Bill also improves the New Zealand’s legislative framework by:enacting legislative disclosure requirements which require agencies to disclose information about the development and key features of government-initiated legislation at the time of introduction; absorbing the Interpretation Act 1999, with some technical improvements, so that all laws about the making and application of legislation are contained in one piece of legislation; and re-enacting, with minor updates, the Legislation Act 2012.
Attorney-General Christopher Finlayson today announced six re‑appointments and one new appointment as lay members of the High Court under the Commerce Act 1986.
Lay members assist the Court in cases involving appeals from decisions of the Commerce Commission and in other matters under the Commerce Act. They must have specialist knowledge or experience in industry, commerce, economics, law or accountancy.
The appointees are:Professor Martin Richardson (lay member from July 2001 to October 2016): Professor Richardson has been at the Australian National University (ANU) since 2003. He is currently the Deputy Director (Education) at ANU’s Research School of Economics. He holds a PhD in economics from Princeton University. Kerrin Vautier (lay member from July 2001 to October 2016): Ms Vautier has been a director on the Board of the Reserve Bank since 2010. She has published widely, is a Life Member of the New Zealand Association of Economists, a Fellow of the Institute of Directors and received the Queen’s Honour of CMG in 1993 for services to business and economics. Kieran Murray (lay member from October 2011 to October 2016): For nearly two decades Mr Murray has worked internationally as an economic consultant in the fields of competition analysis and regulation, market design and public policy reform. He co‑founded and jointly leads Sapere Research Group. Robin Davey (lay member from April 2011 to April 2016): Mr Davey has been a member of the Australian Competition Tribunal since 1998. He was Victoria’s first Regulator‑General, responsible for Victoria’s electricity and water industries, port services and grain handling. From 1989 to 1994 he was Chairman of the Australian Telecommunications Authority. Rodney Shogren (lay member from April 2011 to April 2016): Mr Shogren has been a member of the Australian Competition Tribunal since 2003. He was a member of the Australian Communications and Media Authority, a Commissioner with the Australian Competition and Consumer Commission and held senior positions in the Commonwealth Treasury. Dr John Marsden (lay member from April 2011 to April 2016): Dr Marsden’s areas of expertise are in economic regulation, governance, pricing, property rights and environmental and natural resource economics. He was recently appointed economist‑in‑residence at the Law Institute of Victoria. Dr Darryn Abraham: Dr Abraham is an economics consultant and a part‑time member of the Australian Competition Tribunal. He is a founder and Director of the economics consulting firm, Acacia CRE Pty Ltd. His areas of expertise are primarily public utility pricing and regulatory economics.
Lay members of the High Court are appointed for terms of five years.
Mihi Te maunga tupuna, Taranaki Tū mai, tū mai rā Ngā uri whakaheke Koutou ngā kaikawe o ngā tohutohu a Tohu Kākahi, a Te Whiti o Rongomai Karanga mai, mihi mai, whakatau mai. He rā tino nui tēnei mo te Karauna He rā tino nui tēnei mo te Motu Tēnā koutou, tēnā koutou, tēnā tātou katoa.
We are at Parihaka today to participate in this historic ceremony which marks the reconciliation between Parihaka and the Crown. This is a day when we need to look back at the history of the Crown’s actions at Parihaka and acknowledge the suffering those actions have caused for generations of people at Parihaka. This is an important part of reconciliation. But it is also a day when we look forward to a future where the vision of Parihaka is finally achieved. For the vision of Tohu Kākahi and Te Whiti o Rongomai was not one of protest and resistance. Theirs was a vision of self-determination, cooperation and peace. In the past the Crown felt threatened by that vision and sought to undermine it. Today the Crown comes to Parihaka to make a contribution to the fulfilment of that vision. Parihaka has waited a long time for this day.
When I was here a year ago to sign the compact of trust I spoke about the sense of responsibility I feel as Attorney-General for this reconciliation. The colonial government failed to uphold the rule of law at Parihaka and I am grateful for the opportunity, as the current Attorney-General, to be able to play a part in helping right that past wrong.
This is not a Treaty settlement. However, as Minister for Treaty of Waitangi Negotiations, I know that reconciling with Parihaka is a vital step towards addressing historic grievances in Taranaki, as will be the signing of an agreement in principle with Ngāti Maru and the completion of negotiations around Taranaki Maunga and the signing of a milestone document in the Taranaki Maunga negotiations. Te Ururoa Flavell and I are also involved in ongoing discussions with the Taranaki Trust Board about the annuity.
Those of you here today know the history of Parihaka, but it is important to put the events of the past on the record. First, I want to say something about Tohu Kākahi and Te Whiti o Rongomai.
As young men, both received formal instruction in traditional Māori knowledge and in Christian theology. Their spiritual and political views, and the principles that came to underpin the community they established at Parihaka, therefore drew on ideas from Pakeha and Māori systems of thought. Both men had lived for a time at the mission farm at Warea on the Taranaki coast. It had its own flour-mill and became economically successful by selling flour and other produce to settlers in New Plymouth. These experiences contributed to the two leaders' lifelong promotion of peace and their determination not to reject the Pakeha world, but to engage with it for the economic and other benefits that it offered.
I now want to outline what happened at Parihaka. I do this because while these events are among the most shameful in the history of this country, they are even today not known or understood. In part, this is because the history of Parihaka is an uncomfortable one. For some it may raise questions about our history that we would rather not confront. For many people here today, the history of Parihaka is uncomfortable for a different reason. For them, the sense of grievance that arises from that history is anything but historical. It is remembered and lived every day. That is why the Crown comes today offering an apology to the people of Parihaka for actions it committed almost 140 years ago.
It is also important to recognise that the Crown’s response to the challenge of Parihaka deprived this settlement’s residents of fundamental legal rights which applied as much to them as to any other New Zealander. Today, it is almost impossible to imagine any New Zealand government responding to the protests of its citizens by legislating away their right to a trial, legalising their continuing detention, or retrospectively legitimising the destruction of their homes and possessions. But these things did occur. That is why they must be recorded and remembered. Some in our country today are very vocal about one law for all. A fine sentiment which was not applied to Parihaka citizens in 1881. That is why we are here today.
Ultimately, there can be no reconciliation where one party remembers while the other forgets. This is why the Crown’s apology, which Te Ururoa Flavell and I are about to read, includes a brief summary of the history of the Crown at Parihaka, and why the apology will be recorded both in the deed of reconciliation and in the legislation that will be passed later to serve as the permanent and legally-binding record of the Crown’s commitment to Parihaka.
A few short years after guaranteeing to Māori the undisturbed possession of any lands they wished to retain, the Crown began systematically to dispossess the tangata whenua of Taranaki of their lands. By purchase deed, force of arms, confiscation and statute, the Crown took the rich lands of Taranaki and left its people impoverished, demoralised, and vilified. The Crown reiterates the apologies it has made to iwi of Taranaki for its many failures to uphold the principles of partnership and good faith that the Treaty of Waitangi embodies, and for the immense harm those actions have caused to generations of Māori in Taranaki.
The Crown now offers the following apology in English and Te Reo Māori to the people of Parihaka, past and present.
In 1866, the settlement of Parihaka was established as a final refuge for Taranaki hapū whose homes and cultivations had been repeatedly destroyed by Crown troops, and who had recently suffered the indiscriminate confiscation of traditional lands that had sustained them and their tupuna for generations, and which formed the very bedrock of their identity.
At a time of unprecedented loss and continuing Crown violence, the people of Parihaka chose to establish their new community under principles of compassion, equality, unity, and self-sufficiency. Under the leadership of Tohu Kākahi and Te Whiti o Rongomai, the community at Parihaka asserted their customary rights to land and political autonomy through symbolic acts of protest while promoting peaceful engagement between Māori and Pākehā. Parihaka became a place of refuge and a source of inspiration for thousands of people from across Taranaki and from elsewhere in Aotearoa.
The Crown acknowledges that it failed to recognise or respect the vision of self-determination and partnership that Parihaka represented. The Crown responded to peace with tyranny, to unity with division, and to autonomy with oppression.
The Crown therefore offers its deepest apologies to the people of Parihaka for all its failures, and in particular for the following actions:For imprisoning Parihaka residents for their participation in the ploughing and fencing campaigns of 1879 and 1880, and for promoting laws that breached natural justice by enabling those protestors to be held in South Island jails without trial for periods that assumed the character of indefinite detention; For depriving those political prisoners of their basic human rights, and for inflicting unwarranted hardships both on them and on members of their whānau and hapu who remained behind and sustained Parihaka in their absence; For invading Parihaka in November 1881, forcibly evicting many people who had sought refuge there, dismantling and desecrating their homes and sacred buildings, stealing heirlooms, and systematically destroying their cultivations and livestock; For the rapes committed by Crown troops in the aftermath of the invasion, and for the immeasurable and enduring harm that this caused to the women of Parihaka, their families, and their uri until the present day; For the arrest and detention of Tohu Kākahi and Te Whiti o Rongomai for sixteen months without trial in the South Island; For its imposition of a pass system which regulated entry into Parihaka, denied residents the freedom of movement, and prevented supporters from providing Parihaka with supplies following the invasion; For compounding these injustices by returning land under a regime that deprived owners of control and ultimately the ownership of much of the Parihaka reserves, and which remain in place to this day.
The Crown denied Parihaka the right to develop and sustain itself on its own terms, and then failed for many years to address the resulting grievances in an appropriate way. The Crown profoundly regrets these actions, which have burdened the people of Parihaka with an intergenerational legacy of grievance and deprivation, and which have burdened the Crown with a legacy of shame.
On the 7th day of November every year, the whānau of Parihaka come together to remember those tupuna who, in 1881, met the Crown’s soldiers with songs and gifts of food, and who honoured their commitment to peace while their homes and gardens were destroyed and leaders imprisoned.
The Crown now joins Parihaka in paying tribute to the men, women, and children who responded to the Crown’s tyranny with dignity, discipline and immense courage. It is the Crown’s sincerest hope that through this apology, Parihaka and the Crown can now acknowledge their shared past, move beyond it, and begin to work together to fulfil the vision of peaceful coexistence that Tohu and Te Whiti described.
He whakapāha hukihuki nā te Karauna ki a Parihaka
I ngā tau i muri tata mai i te kī taurangi ki te Māori, e kore nei e whakararurarungia tana pupuri ki ngā whenua i pīrangitia ai e ia, ka tīmata tā te Karauna āta pāhua i te tangata whenua o Taranaki. Nā te kirimana hoko, nā te riri ā-patu, nā te muru me te ture hoki i riro ai i te Karauna ngā whenua mōmona o Taranaki, me te aha, noho ai tana iwi i roto i te rawakore, i te ngākau-kore, i roto hoki i te whakahariharitaetanga. Ka whakaū te Karauna i ana whakapāha ki te iwi o Taranaki mō te nui o ana korenga i hāpai i ngā mātāpono o te mahi tahi me te mahi pono e whakatinanatia nei e te Tiriti o Waitangi, mō te nui whakaharahara hoki o te kino i hua ake i aua mahi rā ki ngā whakatipuranga Māori o roto o Taranaki.
I tēnei wā, e tāpae ana te Karauna i te whakapāha e whai ake nei ki te iwi o Parihaka o mua, o nāianei hoki.
I te tau 1866, kua whakatūria te pā o Parihaka hei punanga whakamutunga mō ngā hapū o Taranaki, i rite tonu rā te ukuukua o ō rātou nei kāinga me ā rātou nei māra e ngā hōia o te Karauna, ka mutu, nō nā tata tonu rā rātou i pāngia kinotia ai e te muru kurī noa ihotanga o ngā papa kāinga nā reira i ora ai rātou me ō rātou tūpuna mō te hia whakatipuranga, i noho rā hoki hei tūāpapa ukiuki mō tō rātou tuakiri.
I te pāhuatanga kāore anō i kitea i mua, i te rere tonutanga hoki o te tūkino a te Karauna, ka whakatau te iwi o Parihaka ki te whakatū i tō rātou kāinga hou i raro i ngā mātāpono o te aroha, o te tauritenga, o te kotahitanga me te tino rangatiratanga. I raro i te ārahitanga a Tohu Kākahi rāua ko Te Whiti o Rongomai, ka whakaū te iwi o Parihaka i tō rātou mana ki te whenua, i tō rātou mana motuhake hoki mā te tohe whai tikanga i a rātou e whakatairanga ana i te rangimārie ki waenga i te Māori me te Pākehā. Ka noho a Parihaka hei punanga, hei whakahihiritanga hoki i te tini tāngata puta noa i Taranaki, otirā, i Aotearoa whānui tonu.
E whakaae ana te Karauna i tino kore rawa atu nei ia i whakaae, i whakamana rānei i te whakakitenga o te tino rangatiratanga me te noho tahi i whakatauiratia rā e Parihaka. Ko tā te Karauna urupare ki te rangimārie ko te ngarengare, ki te kotahitanga ko te whakawehewehe, ki te mana motuhake ko te tāmitanga.
Nō reira, e tāpaetia nei e te Karauna tana whakapāha nui whakaharahara ki te iwi o Parihaka i ōna hapa katoa, otirā, i ēnei mahi e whai ake nei:I te mauheretanga o ngā tāngata o Parihaka mō tā rātou whai wāhi ki ngā mahi parau me te whakatū taiapa o te tau 1879 me te tau 1880, i te hāpai ture hoki e takahi ana i te tika me te pono mā te tuku kia mauheretia aua tāngata ki ngā whare herehere o Te Waipounamu me te kore i whakawāngia mō ōna wā e kīia ai tērā he mauheretanga whakawā-kore; I te korenga o te mana tangata o aua mauhere ā-tōrangapū i manaakitia, i te whiunga take-koretanga nei hoki o rātou tahi ko ērā o ō rātou whānau me ō rātou hapū, i mahue iho rā ki te ukauka i te pā o Parihaka i tō rātou tamōtanga, ki te whakawiritanga; I te pāhuatanga o Parihaka i te marama o Noema, i te tau 1881, e peia rā te tokomaha i āta haere ai ki reira ki te kimi āhurutanga, e turakina ai, e hāparutia ai hoki ō rātou kāinga me ō rātou whare tapu, e tāhaetia ai ngā kura tongarewa, e āta ukuukua ai ā rātou ngakinga me ngā kararehe; I ngā pāwheratanga a ngā hōia o te Karauna i muri mai i te pāhuatanga, me te taumaha hārukiruki, me te roa o te mamae o tēnei tūāhuatanga i pā atu ki ngā wāhine o Parihaka, ki ō rātou whānau me ō rātou uri ā mohoa nei; I te hopunga me te mauheretanga o Tohu Kākahi rāua ko Te Whiti o Rongomai i Te Waipounamu mō te tekau mā ono marama, me te korenga i whakawāngia; I tāna whakature i tētahi pūnaha whakauru e whakarite ana i te urunga ki Parihaka, e whakakore ana i tā ngā tāngata whenua haereere noa, e aukati ana hoki i tā te hunga tautoko tuku i ngā ō ki Parihaka i muri mai i te pāhuatanga; I tana whakahē kē atu i ēnei takahitanga o te ture mā te whakahoki whenua i raro i tētahi kaupapa nā reira i kore ai i noho ki ngā tāngata whenua te mana whakahaere, otirā, te rangatiratanga o te maha o ngā whenua rāhui o Parihaka, e mau tonu nei i tēnei rā.
Nā te Karauna i takahi te mana o Parihaka ki te whakawhanake, ki te ukauka hoki i a ia anō i runga i tāna i pai ai, ka mutu, kāore hoki i tika te whakatauria o ngā whakamau i hua mai ai mō te hia tau nei. Inā te ngoto o te whakapāha a te Karauna i ēnei mahi kua whakataumaha nei i te iwi o Parihaka ki te whakamau me te takaonge tuku iho mō te hia whakatipuranga, kua here nei hoki i te Karauna ki te whakamā tuku iho.
I te 7 o ngā rā o Noema, i ia tau, karapinepine ai ngā whānau o Parihaka ki te maumahara ki ngā tūpuna nā rātou nei i tāpae atu te waiata me te koha kai ki ngā hōia o te Karauna, i te tau 1881, ā, nā rātou nei hoki i whakahei tā rātou ū ki te maungārongo i te wā tonu e ukuukutia ana ō rātou kāinga, ā rātou ngakinga, i te wā anō hoki e mauheretia ana ō rātou rangatira.
I tēnei wā, e tū ana te Karauna i te taha o Parihaka ki te mihi ki ngā tāne, ki ngā wāhine, ki ngā tamariki hoki i utu rā i tō te Karauna ngarengare ki te tū rangatira, ki te whakawhenuatanga me te māia whakaharahara. Ko te tino tūmanako o te Karauna, mā tēnei whakapāha e wātea ai a Parihaka me te Karauna ki te whai whakaaro ki tō rāua ao o mua, e anga whakamua ai, e tīmata ai hoki tā rāua mahi tahi ki te whakatinana i te tūrua pō mō te rangimārie o te noho tahitanga i kōrerotia rā e Tohu rāua ko Te Whiti.
Deed of Reconciliation
The Deed of Reconciliation we are about to sign is a legally binding agreement between the Crown and Parihaka which sets out what we will do to mend our relationship now and into the future. The deed contains the historical summary and Crown apology I have just read.
It also includes a legacy statement that describes, from Parihaka’s perspective, the key phases in the history of the settlement, the principles that guided – and continue to guide – the Parihaka community, and the future aspirations for this unique settlement.
The deed also includes a relationship agreement between nine Crown organisations, three local authorities and Parihaka. Under the agreement the Crown and local authorities commit to assist you with your development projects. The agreement will be administered by Te Puni Kōkiri. They have considerable experience with similar agreements and a strong relationship with Parihaka already. I want to thank the councils for being part of this agreement and for the offers of assistance they have made.
The deed also establishes an annual leaders’ forum where we can discuss progress with your development plans and any other matters that effect our relationship. The Minister for Māori Development, and other Ministers as required, will represent the Crown on the forum. The forum gives you access to the highest echelons of government.
There is a commitment in the deed to develop Parihaka legislation. The legislation will be developed between us and will form a permanent public record of Parihaka’s history, the Crown’s apology for its actions and our commitment to a new relationship. Work has already started on drafting a bill and it is my intention to introduce legislation before the House rises in August.
Finally, the deed records the fact that the Crown will make a special payment of $9 million towards Parihaka’s development. This money will help you to fix many of the problems you have with power, waste water and other infrastructure. I appreciate that some of you were disappointed that the Crown wasn’t able to make a larger financial contribution. I understand that. However, I see this as the first step towards revitalising Parihaka and I am confident that over time more funding will become available through government programmes and from private or legacy donors.
Before I conclude I want to acknowledge some of the people who have contributed to this reconciliation process.
I acknowledge the leaders of Taranaki Iwi here today. It was their determination, back in 2015, to see special assistance provided to Parihaka that set us on the path to this reconciliation ceremony.
I want to thank the members of Kawe Tutaki:Dame Tariana Turia, who chaired the working group and has been a strong and enduring advocate for her people; The Rt Hon Jim Bolger, who went to school in this area but lamentably was taught very little of Parihaka’s history; Hon Mahara Okeroa, who grew up at Parihaka and represented Taranaki Iwi on Kawe Tutaki; Amokura Panoho and Dr Ruakere Hond, who so ably represented Parihaka.
Their expertise and experience was crucial in helping the Crown to understand what was needed to heal its relationship with Parihaka. It is good to see members of Kawe Tutaki here today.
I must make special mention of the trustees of the Parihaka Papakāinga Trust. I know very well how demanding this work has been. You have gone to great lengths to ensure that all the members of your community had the opportunity to participate in the reconciliation process and you have been guided by the community’s views at all times. It is thanks to your efforts, leadership and courage we have been able to reach agreement on the deed to be signed today.
On the Crown side, while I have been the spokesperson I am part of a much larger team. I want to thank my Cabinet colleagues who have supported this work and in particular the Minister for Māori Development Te Ururoa Flavell. He has been a strong advocate for Parihaka. I have been grateful for the interest and advice I have received from local members of Parliament. I also want to thank my officials at the Office of Treaty Settlements who have supported me and led many of the discussions with the Papakāinga Trust. I also acknowledge the representatives from other government agencies and councils who have contributed to this work and made a commitment to continue to support Parihaka.
The deed provisions I have described provide a strong platform for the future of Parihaka. But the deed alone cannot make vision into reality. It is now up to us – the people of Parihaka and the people of the Crown – to bring these provisions to life. This will require us all to work, to talk, to make decisions, and to continually remind ourselves about what the ultimate vision for Parihaka is. In this I am immensely encouraged by the fact that this work is already happening. I am encouraged by the genuine goodwill and trust which has grown between the Crown and the representatives of Parihaka over the last two years. I am encouraged by the determined and principled leadership of the Parihaka Papakāinga Trust. Above all, I am encouraged by the generosity of spirit and the extraordinary humanity of you, the people of Parihaka.
I hope that one day your legacy will be understood and valued by all New Zealanders. I know this is your ambition and it is one the government supports. I want today to mark a turning point in our relationship. A day that future generations will look back upon and see as the time when Parihaka again welcomed the Crown, and when we put aside the conflict and disharmony of the past and committed to working together to forge a better future for Parihaka and for New Zealand.
Tēnā koutou, Tēnā koutou, Tēnā koutou katoa
The Crown has signed a Deed of Reconciliation with the Parihaka community in a ceremony held at Parihaka, Attorney-General Christopher Finlayson announced today.
“In the second half of the 19th century, the Crown devastated Parihaka which at the time was the largest community in Taranaki and a centre for peaceful protest.
“It is important the Crown apologise directly to the people of Parihaka for the actions it committed almost 140 years ago so we can begin to look forward to a new era of collaboration.”
The Crown’s failings included:imprisoning 405 Parihaka residents for their participation in the peaceful ploughing and fencing campaigns of 1879 and 1880 and promoting laws that breached natural justice by holding those protestors in jails without trial; invading Parihaka in November 1881, forcibly evicting many people who had sought refuge there, dismantling and desecrating homes and sacred buildings, stealing heirlooms and systematically destroying cultivations and livestock; and arresting and detaining Tohu Kākahi and Te Whiti o Rongomai, the leaders of Parihaka, for 16 months without trial.
“Basic requirements of natural justice and the rule of law (which are the birthright of all New Zealanders) were denied to our citizens at Parihaka and they were left without any legal remedy,” Mr Finlayson said.
“Signing this Deed of Reconciliation is a significant milestone for the Crown, Parihaka, the iwi and community of Taranaki and many others who believe in Parihaka’s legacy of peace.
“The Crown has previously acknowledged and apologised to iwi of Taranaki, through individual Treaty settlements, for the treatment of their tupuna who were at Parihaka but today’s ceremony is for the community as a whole.”
The Deed provides for a Crown support package of $9 million to assist Parihaka to strengthen its infrastructure and help the community achieve its aspirations. It also includes an agreement with Crown agencies and local authorities to work with Parihaka on development initiatives.
Legislation will be introduced to record the history of Parihaka, the Crown’s apology and the commitment to a new relationship between Parihaka and the Crown.
Parihaka is located in South Taranaki. It is closely affiliated to Taranaki Iwi and has connections with other iwi whose members sought sanctuary from conflict there. Parihaka is also connected with peace movements both in New Zealand and overseas.
A copy of the Deed of Reconciliation is available online at: https://justice.govt.nz/maori-land-treaty/parihaka-reconciliation/
The Honourable Justice Murray Ashley Gilbert has been appointed a Judge of the Court of Appeal, Attorney-General Christopher Finlayson announced today.
Justice Gilbert graduated with an LLB from Auckland University in 1977. In 1976 he joined Kensington Swan in Auckland as a law clerk, graduating to solicitor upon his admission to the bar and becoming a partner in 1985. In 1996 he became a partner at Chapman Tripp, where he remained until forming the partnership Gilbert Walker with Campbell Walker QC in 2004. There he specialised in commercial litigation with an emphasis on defending negligence claims. He was appointed a Senior Counsel in 2008.
Justice Gilbert was appointed as a Judge of the High Court in January 2012.