Claim Wai 17, the Mangonui sewerage claim, was brought on 30 March 1987 by MacCully Matiu on behalf of the Ngati Kahu Trust Board. The claimants objected to the Mangonui County Council’s East Coast sewerage scheme, which involved the siting of a sewage treatment plant at Taipa and the construction of oxidation ponds beside a creek that flowed into the Taipa River. Because there was some urgency attached to the development of the scheme, the Tribunal considered this issue separately from Ngati Kahu's wider lands and fisheries claims.
The Tribunal constitued to hear the claim comprised Eddie Durie (presiding), Bishop Manuhuia Bennett, Monita Delamere, Georgina Te Heuheu, and Professor Keith Sorrenson. Hearings were held in October 1986 and April 1987, and the Tribunal delivered its report to the Minister of Māori Affairs and the claimants in August 1998.
The Tribunal found that the construction of any sewage works necessarily imposed certain costs, both financial and cultural, on the local community. Ngati Kahu had good cause to bring their claim and reason to feel aggrieved but the cost to the community, of which they formed part, would be too great in this instance if the claim was allowed. The Tribunal therefore made no recommendations in its support.
There are times when Maori interests must take priority, according to the Treaty's terms, for the solemn guarantees in the Treaty were a small price to pay for the cession of sovereignty and Pakeha settlement rights that cannot now be denied. But there are times to recall that our forebears agreed to no less than a Pakeha settlement, and a world of our own where two peoples could belong. This claim is a salient reminder that if the cultures of our founding inheritance are both to stand proud, a compromise is sometimes required.
The Waitangi Tribunal
|
