Ihumātao's fate still uncertain as mana whenua return to a stalemate with the Crown

Friday, 20 September 2019

Ihumātao 'protector' Matira Madden-Hulena says the occupation has changed her as a person.

For weeks, the flag of the Kīngitanga flew at Ihumātao as mana whenua tried to reach a decision on the disputed land.

On Wednesday, the Māori king emerged with an announcement: they have a unified position on the future of Ihumātao and want the government to negotiate with Fletcher Building to give the land back.

But is that a solution, or are we back to square one?

WHAT THE KING'S SUPPORT MEANS

The stand-off in Māngere dominated the news cycle last month, led to Jacinda Ardern facing a barrage of questions, and culminated in a 20-kilometre march through a thunderstorm to her electoral office.

**READ MORE:

The atmosphere at Ihumātao is far quieter than it was a month ago.

* Ihumātao: Māori King says mana whenua want land back

* Ihumātao: Reports Tainui set to buy land 'pure speculation'

The Māori king, Kiingi Tūheitia, previously supported a housing development at Ihumātao, but now he's siding with the protesters.

* Ihumātao: Protesters march through thunderstorm to deliver petition to Jacinda Ardern's office

* Ihumātao protest: Former landowner the Wallace family speaks out against stand-off**

The protesters laughed and cheered when icy winds threatened to knock them off their feet during the hikoi. This was a movement, it seemed, that nothing could stop.

After talks began with the Māori king, the headlines died down and some protesters packed up and left the site, leaving behind a hardcore group. It appeared that things were shifting down a gear.

The king, who is backed by the powerful Tainui iwi, previously supported Fletcher Building's housing development on the site. It's significant that he's now siding with the protesters.

Protesters have packed up and left the site, with a hardcore group remaining.

There's also a sense of historical justice to his position. The land at Ihumātao was confiscated during colonial efforts to stamp out the Māori king movement he represents.

WHAT NEXT FOR THE LAND?

But the decision didn't include what the land should be used for; opinions still differ on that. And in reaching their position - that they want the land back - mana whenua are returning to an earlier stalemate with the Crown.

The government has been clear that Treaty claims in the region have already been settled, and there are issues with precedent about intervening.

In the Treaty settlement process, the Crown respects private property rights, meaning land in private hands is never up for grabs when settling tribal grievances.

If the government bought Ihumātao from Fletcher Building and gave it back to mana whenua, it would risk having to re-address Treaty claims all over New Zealand where private land wasn't on the table. The exact amount and value of this land is unclear.

This is all happening while the prime minister is travelling overseas.

Acting Prime Minister Winston Peters reacted carefully to the announcement on Wednesday, telling RNZ: 'If it means they have come to a collective decision when the responsibility lies with someone else, then have you collectively come to a decision?'

Talks between the mana whenua and Kīngitanga have been going for a month and a half.

NZ First MP Shane Jones suggested Tainui had the money to buy the $40 million land themselves.

'Obviously the Waikato people and the Māori king have elected not to buy the land,' he told Stuff on Thursday.

'They certainly have the pūtea (funds); they and Ngāi Tahu get 33 cents in every dollar that's spent to settle [Treaty] claims.'

But Ardern still hasn't ruled out a government loan to Tainui for a land purchase.

Fletcher Building, which had been waiting for weeks for a resolution, said it was 'disappointed' by the Māori king's statement.

'Six weeks ago the prime minister requested that Fletcher Building put a hold on our housing development to allow time for discussions between government and iwi to take place,' a spokesperson for Fletcher Building said.

'We have not been a party to those discussions and we are disappointed to see they have not produced a resolution. We will now seek urgent discussions with all parties to inform our position.'

Auckland Council could buy the land to avoid issues around precedent. But in a debate with mayoral hopeful John Tamihere on RNZ on Thursday, Auckland mayor Phil Goff ruled out doing so.

Council has already set up the adjoining Ōtuataua Stonefields heritage site as a reserve and added a 9ha block of land to it in August, Goff said.

Meanwhile, Te Warea Taua, the leader of the iwi authority that negotiated the controversial housing deal with Fletcher, has reportedly initiated legal action against fellow whānau leaders.

Taua hasn't responded to repeated requests for comment. The phone number listed on his website connected with a 99-year-old woman in a rest home. 'I keep getting these calls,' she told Stuff. 'Please do something about it.'

POLICE WERE IN 'POOR CONDITIONS'

Police might be relieved to see the land stand-off come to an end - or at least, one particular officer who went hungry on the front-line will be.

In the September issue of the police union's magazine, the anonymous officer complained of a sub-par, police-issued lunch while working a shift at Ihumātao.

'I'm not averse to a packed lunch, but if you're standing on a line for six hours, you need a little more sustenance than a sammie, a muesli bar and an apple,' the officer wrote.

'Staff there were working massive hours in poor conditions alongside an almost festival-type protest environment of coffee carts, singers and sausage sizzles.

'Agree or not with the protest, we still have a job to do, but that could have been made easier with a few modest additions to boost morale.'

The officer also suggested police at the site should have had access to more than one portaloo.

Police Superintendent Jill Rogers said the 'evolving situation at Ihumātao' challenged police, particularly during the first few days.

'We acknowledged to the staff involved at that time that, due to factors often outside of our control, conditions were less than optimal for our police staff involved in the initial stages of the operation.'

Rogers said getting food through the cordon initially proved to be a logistical issue, and additional portaloos were also brought in once it was possible to transport them through the cordon. Officers were later provided with a 'range of hot meals' while on shift.

A 'small police presence' remains at the site, with no timeframe for leaving, Rogers said.