Koha paid to iwi for consent to instal water bores on private land
Another woman said that koha payments are not recorded by Councils, even though they can be compulsory under the Councils' terms of operation.
Source: Ryan Wood: SunLive, 13 June, 2018: https://www.sunlive.co.nz/news/181863-koha-and-apartheid-discussed-at-mp-meeting.html
Numerous issues arise from the need for property owners to consult with tribal trusts, these include:
- What services do tribal trusts provide in order to receive "koha" from property owners?
- Are tribal trusts legally or de facto in a position to prevent property owners from obtaining Council consent for drilling water bores or other activities?
- How much do property owners pay iwi/hapu in koha, and are these koha recorded and tax deductible by property owners?
Confidential agreement to pay $880,500 to Runanga to withdraw objection to wastewater scheme
Horowhenua Council’s Chief Executive confidentially agreed to provide nearly a million dollars to Te Runanga o Raukawa provided it did not object to a wastewater scheme.
Chief executive David Clapperton made the confidential agreement to provide at least $880,500 to Te Runanga o Raukawa on the proviso the Runanga withdraw its objection to council’s resource consent application to make discharges from the Foxton Waste Water Treatment Plant to Matakarapa Island.
“This is a huge sum of money distributed to a collective group for purposes which have not been disclosed to the public or debated by council for consideration,” said Councillor Ross Campbell.
Source: Kapiti Independent News, May 13, 2018: https://kapitiindependentnews.net.nz/horowhenua-councils-secret-payout/
Dr Nick Smith - "this is an invitation for backhanders"
New Zealanders will pay more for their electricity and have less security of supply as a result of Maori spiritual arguments over the Resource Management Act, says National's Environment spokesman Nick Smith.
He is commenting on yesterday's Environment Court decision that will allow power generator Genesis to use water from the Whanganui River for only a further 10 years.
"It is political correctness gone mad when key decisions on infrastructure are made on the basis that diverting the Whanganui River for hydro development will adversely affect Maori spiritual beliefs and self-esteem," Dr Smith says.
"Maori families struggle to pay their power bills like everyone else, and keeping their children warm at a reasonable cost is far more important than any spiritual attachment to water hundreds of kilometres away.
"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.
"It highlights the urgent need to reform the Resource Management Act. We have seen roads diverted for the taniwha and now electricity generation is being compromised because of Maori spirits.
"This will send a further shiver down the spine of the electricity industry, which cannot invest with any certainty with this length of consent," Dr Smith says.
Source: Scoop Independent News: Press Release New Zealand National Party, Tuesday 25 May 2004
http://www.scoop.co.nz/stories/PA0405/S00515/folly-of-maori-spiritual-argument-highlighted.htm
Waitaha claim Councils failed to apply Treaty of Waitangi Act, RMA, NZ Bill of Rights Act and Local Government Act
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. Waitaha representative Stephen Bray said it was "not his organisation's intention to apply undue pressure or to influence anyone, but to give clear understanding of its concerns and its perspectives of the appeal process it had been part of". "Waitaha values were not tradeable, nor could they be compromised by others. Only Waitaha after consultation could alter those values"
Source: Otago Daily Times: Holcim Land held sacred by Waitaha, David Bruce, Friday, 15 May 2009
https://www.odt.co.nz/regions/north-otago/holcim-land-held-sacred-waitaha
Genesis Energy engages with marae
From one of a myriad of examples of soft coersion:
“The signing of a Relationship Agreement between Genesis Energy and six Huntly Marae and the Huntly based Waahi Whaanui Trust was the culmination of five years of engagement and dialogue. The agreement records the parties’ intention to establish an enduring, positive and beneficial relationship which directly addresses the effects of the Huntly Power Station on local Marae, while recognising the Huntly Power Station is a key strategic asset for Genesis Energy and New Zealand. 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”.
Source: Genesis Energy Ltd Annual Report 2010: https://www.genesisenergy.co.nz/documents/10180/14637/Annual+Report+2009-2010/92fce4ae-f2aa-4dff-925f-daaa05037b77 : Pg 5
Spiritual values and placating taniwha
In some situations, consenting authorities and courts are required to deliberate on the effects of a matter on tribal “spiritual values”. The courts have accepted that ancestral land is land that has been "owned" by ancestors (i.e. it need not have remained in Māori ownership). Generally, once a relationship with Maori is recognised, consultation is imperative.
A Maori official “assisting” the Auckland Council preparing a billion dollar under-water rail tunnel told Council that the proposed route would trespass upon the territory of “horotiu” the taniwha (ancestral demon) The official noted to the Committee “there are always ways to placate taniwha”.
Sources:
Round, D --- "Here Be Dragons?" [2005] OtaLawRw 3; (2005) 11 Otago Law Review 31
http://www.nzlii.org/nz/journals/OtaLawRw/2005/3.html
See also: "Horotiu the Taniwha Stirs" David Round: https://www.nzcpr.com/horotiu-the-taniwha-stirs/
Greenpeace: Oil company may be bribing iwi
“Greenpeace is concerned that an oil company with an exploration licence off Northland may be bribing iwi leaders to bolster support for their controversial drilling plans. Greenpeace has taken a picture of three executives from Norwegian oil giant Statoil meeting with an Iwi leader at a Wellington cafe.
Campaigner Mike Smith said it goes against the Norwegian government's protocols specifying that consultation must be done through appropriate procedures and representative institutions. He said it's an effort to win over individual iwi leaders rather than engaging collectively. "They've got clear instructions from the Norwegian government that they should only deal with institutions and mandated representatives, that's our main concern."
Sources:
[1] http://www.newstalkzb.co.nz/news/national/greenpeace-oil-company-may-be-bribing-iwi/
Ngati Kura wheel clamp extortion
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.
Sources:
[1] SunLive, Friday 13 Apr, 2012: Beach Extortion”: http://www.sunlive.co.nz/news/24126-beach-extortion.html