18 May 2012 - Tribunal Directions on Crowns DOS with Te Aupōuri Te Rarawa Ngāitakoto

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18 May 2012 - Tribunal Directions on Crowns DOS with Te Aupōuri Te Rarawa Ngāitakoto Powered By Docstoc
					                                     OFFICIAL                       Wai 2364, #2.5.5
                                                                    Wai 2366, #2.5.4



                          WAITANGI TRIBUNAL
                                                                                      Wai 2364
                                                                                      Wai 2366


                          CONCERNING                           the Treaty of Waitangi Act 1975


                          AND                                  applications for urgent hearings
                                                               by Venerable Timoti Flavell on
                                                               behalf of himself and Te
                                                               Rūnanga-ā-Iwi o Ngāti Kahu


             MEMORANDUM-DIRECTIONS OF THE PRESIDING OFFICER

Introduction

1.     The applicant has filed two claims and has sought urgent hearings in relation to the
       Te Aupōuri Deed of Settlement (“the Wai 2364 application”) and the Te Rarawa Deed
       of Settlement (“the Wai 2366 application”).

2.     In relation to the Wai 2364 application I have previously directed the Crown and
       interested parties to file their response by midday, Monday 21 May 2012.1

3.     In relation to the Wai 2366 application I have previously directed the Crown and
       interested parties to file their response by midday, Friday 25 May 2012.2

4.     The Tribunal is now in receipt of a memorandum from the Crown seeking an
       extension to midday, Friday 8 June 2012 to respond to both urgency applications.3

5.     Counsel for Ngāti Kahu have filed a memorandum opposing the application for an
       extension.4

6.     The Crown have filed a further memorandum on 16 May 2012 recording their
       instructions that the Crown will not be in a position to introduce settlement legislation
       in relation to either the Te Aupōuri or Te Rarawa Deeds of Settlement in July or
       August 2012.5

Discussion

7.     Counsel for Ngāti Kahu, has on two previous occasions signalled to the Tribunal that
       his firm has instructions to file an urgent application on behalf of Ngāti Kahu in
       relation to the Crown’s proposed settlements with Te Aupōuri, Te Rarawa and Ngāi
       Takoto.6

1
  Wai 2364, #2.5.3.
2 Wai 2366, #2.5.2.
3
  Wai 2364, #3.1.4 and Wai 2366, #3.1.2.
4
  Wai 2364, #3.1.5 and Wai 2366, #3.1.3.
5
  Wai 2364, #3.1.6 and Wai 2366, #3.1.4.
6
   Those submissions were made to the Muriwhenua Tribunal during the course of hearing
submissions on the Ngāti Kahu remedies application on 25 November 2011 and 22 March 2012.
                                                                                          1
8.     Since then the Tribunal has received applications for urgency concerning the Te
       Aupōuri Deed of Settlement on 18 April 20127 and the Te Rarawa Deed of
       Settlement on 1 May 2012.8

9.     Counsel for Ngāti Kahu has relayed to the Registrar of the Waitangi Tribunal that an
       application for urgency in relation to the Ngāi Takoto Deed of Settlement should be
       filed shortly.

10.    Thus far I have put in place timetabling directions as and when applications have
       been filed. This is of some regret given that it appears to me that there is a degree of
       overlap between the applications filed and the parties involved.

11.    Furthermore, even a cursory glance of the documentation filed by Ngāti Kahu
       indicates that both applications are of some complexity and where possible I want the
       Crown and the interested parties to provide as full a response as is possible to assist
       the Tribunal.

12.    Therefore notwithstanding the opposition by Ngāti Kahu to any extension I grant an
       extension to the Crown and interested parties to file any submissions and/or
       evidence in response by midday, Friday 8 June 2012.9

13.    I further direct that Ngāti Kahu are to file any reply submissions and/or evidence by
       midday Friday, 15 June 2012.

Judicial Conference

14.    Thereafter I propose to hold a judicial conference concerning these applications. I
       am reluctant to set a date for a judicial conference at this stage given that counsel for
       Ngāti Kahu has instructions to file an application for urgency in relation to the Ngāi
       Takoto Deed of Settlement. It would make common sense and the best use of the
       Tribunal’s resources to avoid having to have judicial conferences for three
       applications on separate days. All counsel are aware of the current strain upon
       Tribunal resources, both financial, judicial, member and staff as a result of a recent
       increase in urgent and remedies applications being granted.

15.    Thus I propose not to set down a judicial conference time in relation to either of these
       applications until such time as I have received the Ngāi Takoto application and set a
       timetable in place for that matter.

16.    If counsel for Ngāti Kahu’s instructions change and no application for urgency is
       sought in relation to the Ngāi Takoto Deed of Settlement it would be appreciated if
       counsel was able to convey those instructions to the Tribunal staff as soon as
       possible.




7
  Wai 2364, #1.1.1 and #3.1.1.
8
  Wai 2366, #1.1.1 and #3.1.1.
9
  I record that the Registrar has made telephone contact with both counsel for Te Aupōuri and Te
Rarawa. Neither of them oppose the extension sought by the Crown and wish to avail themselves of
any extension should it be granted.
                                                                                               2
The Registrar is directed to send a copy of this direction to counsel for the applicant, Crown
counsel, and all those on the distribution list for:

      Wai 45, the combined record of inquiry for the Muriwhenua Land Claim;
      Wai 2364, the Te Rūnanga-ā-Iwi o Ngāti Kahu (Flavell) and Te Aupōuri Deed of
       Settlement Claim; and
      Wai 2366, the Te Rūnanga-ā-Iwi o Ngāti Kahu (Flavell) and Te Rarawa Deed of
       Settlement Claim.

DATED at Hamilton this 18th day of May 2012




Judge S R Clark
Presiding Officer
WAITANGI TRIBUNAL




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