While the public are in general too busy to notice yet another “Agreement” between the Crown and tribal groups, Ngati Porou’s foreshore and seabed Agreement, which confers inalienable legal rights on Porou, sets a dangerous precedent for New Zealand’s future: Parliament has a choice – it can remain a member of the small group of prosperous liberal democracies that follow the Rule of Law (as opposed to rule by law) or it can enact the Ngati Porou Bill[i], setting a precedent for future “grace and favour” deals over the foreshore and seabed in which the Minister exercises powers of gift outside of the legal framework established to define and curb those Ministerial powers.Read more
Undue Influence: New Zealand’s Tribal Corruption Charter
Corruption takes different forms in different nations. In New Zealand the Race Based Laws which grant legal privilege to Maori individuals and tribal entities have resulted in a form of corruption, the undue influence of Maori tribal entities upon New Zealand’s governance, economy and society.
Since 1975, this undue influence has resulted in an expanding cycle of “legalised” extortion, a "virtual Tribal Corruption Charter" through which wealthy, litigious tribal trusts can employ their special legal status as a mechanism to gain additional legal rights and powers, financial gain to individuals (mainly tribal trustees and employees) and tribal entities.
The ability of Maori individuals and groups to lodge claims with the Waitangi Tribunal that they have been prejudiced, in conjunction with an increasingly radicalised Maori electorate, also exerts undue influence on governments seeking policy reform, as governments quietly pay sweeteners to tribal groups to avoid protracted litigation and maintain internal support from Maori electorate MPs.
As many of the Race Based Laws are indirect in influence (eg the right to be consulted on an environmental application rather than the power to refuse consent), tribal entities often resort to implied threats of litigation and delay. As voiced by one tribal trust:
“It says the first rule on consent application is to “object”. The second rule on consent application is “object”. If in doubt go back to rule one (objection gives time, time is of no importance to us, only the application) it says. The first rule of objection is to claim lack of consultation, the document states. The second is the Treaty of Waitangi, the RMA is the third, and the fourth “anything anyone can think of”. Results would not be measured in dollars, “but the sum of the good that can be gained for the hapu”.(1)
The result of this undue influence of tribal entities is massive costs, both direct and indirect, imposed upon government ministries and agencies, local government, business and individuals. (2),(3)
Direct costs to business and individuals include costs for "soft" payments to tribal entities, unwanted and unnecessary cultural consultancy and advisory services, regulatory complexity, legal fees and delay. The wider economy must also be damaged as individuals and businesses simply walk away from both scientific endeavour and business opportunities.
Indirect costs for the operation of parallel institutions, separate Maori seats, Maori wards, the Waitangi Tribunal, the Maori Courts and co-governance etc flow to individuals and business through increased taxes, rates and charges. In some instances, undue influence fosters criminal corruption which may or may not be reported to authorities.
The following entries, which document instances of only a tiny fraction of the undue influence exerted by tribal entities over the last forty years, illustrate how tribal rights are damaging not only our economy but the nation's social fabric through the normalisation of New Zealand's peculiar form of constitutional corruption.
Please contact email@example.com if you have verifiable examples of undue influence that you would like to be included on this page.
Northland Regional Council has granted resource consent to Refining New Zealand to dredge the entrance to Whangarei Harbour.
To get a bore you have to get iwi consent, and they want a koha, which is not a gift, it's a bribe" one woman stated.
One Pure, owned by Hong Kong based corporation Hon Lung International, with the capital and expertise to build a massive water bottling facility, felt the need to approach Hawke’s Bay tribal entity Ngati Paarau[i] for “support and partnership [ii]” in their endeavour. Why?
"Through regular engagement and funding provided by Genesis Energy, the parties seek to deliver the broad objectives of developing a long term relationship, assisting Marae development, fostering cultural understanding, supporting the kaitiaki role of the Marae and enhancing the environment and supporting education and training initiatives".
"We were then told that under the new Draft Unitary Plan, not yet enacted, our building being within 50 metres of a designated Maori heritage site, we needed RMA approval (for a new shop window, for God’s sake), this instantly forthcoming at a cost of $4500 plus the approval of 13 iwi".
Waitaha (te Runanga O Waitaha Me Mata Waka Inc) appeal against the granting of RMA consents by Waitaki District and Otago Regional Councils, claiming the Councils had failed in their resource consents process to apply the Treaty of waitangi, Resource Management Act, New Zealand Bill of Rights Act and Local Government Act.
"This decision is also concerning in that it invites Maori and Genesis to have 'a meeting of the minds' over the next 10 years to resolve the future use of the water. This is an invitation for backhanders, given the huge value of electricity and the leverage that Whanganui iwi will have over Genesis.
Members of iwi Ngati Kura clamp four cars at Matauri Bay and clamp four cars belonging to students on the beach for a surfing lesson.
(1) Ngati Puu: Christchurch Press, 12th March 2003; quoted on Dr Nick Smith: Hansard Parliamentary Debates: resource-management-amendment-bill-no-2-—-first-reading; http://www.parliament.nz/en-nz/pb/debates/debates/47HansD_20030320_00001026/resource-management-amendment-bill-no-2-%E2%80%94-first-reading
(2) Round, D --- "Here Be Dragons?"  OtaLawRw 3; (2005) 11 Otago Law Review 31
(3) Ministerial Panel on Business Compliance costs, which identified that the RMA was a significant cost to business due to:
• Inconsistency in interpretation
• Lack of capacity in local government
• Time delays
• Difficulties in meeting obligations to Maori
In 2011 the National - Maori Party coalition passed the Marine and Coastal Area (Takutai Moana) Act (the “MACA”), a radical Act allowing Maori groups to claim special rights over the foreshore and seabed. As a result over six hundred claims have been lodged with the Crown, Courts, and Waitangi Tribunal. While these claims may take decades to resolve, the public’s rights over the coastline remain in a state of uncertainty: the question is, will the new law affect coastal walking tracks and how?Read more
The first Agreement negotiated under the Marine and Coastal Area (Tukutai Moana) Act 2011 not only confirms widely raised fears of the Crown’s failure to represent the public interest but sets a precedent for fresh rounds of Treaty style negotiations.Read more
Touted by National as offering a durable and expeditious solution to Labour’s Foreshore and Seabed Act, Chris Finlayson’s Marine and Coastal Area (Takutai Moana) Act 2011 (MACA) has unleashed hundreds of competing claims that will tie the courts up for decades, costing the country tens, if not hundreds of millions of dollars in claimant funding, policy advice and legal fees.Read more
Members of iwi Ngati Kura clamp four cars at Matauri Bay and clamp four cars belonging to students on the beach for a surfing lesson. The group, armed with a portable EFTPOS machine, demanded $800 from Kamo Intermediate principal John Smith and only unclamped the students’ cars after he had paid up.
 SunLive, Friday 13 Apr, 2012: Beach Extortion”: http://www.sunlive.co.nz/news/24126-beach-extortion.html