counsel boycott - memorandum
DESCRIPTION
This is a memorandum of counsel to the Waitangi Tribunal announcing their decision to boycott the airing of grievances.TRANSCRIPT
BEFORE THE WAITANGI TRIBUNAL WAI 900 IN THE MATTER of the Treaty of Waitangi Act
1975
AND IN THE MATTER of a claim by Te Rarua
McClutchie-Morrell
MEMORANDUM OF COUNSEL – BOYCOTT OF AIRING OF GRIEVANCE HEARINGS
Dated: 24 August 2011
Kathy Ertel & Co Barristers and Solicitors
PO Box 27042 Wellington
6021
2
MAY IT PLEASE THE TRIBUNAL
1. On 20 August 2011, a claimant hui was held in Gisborne to discuss the
Airing of Grievance Hearings, among other things.
2. After discussing the procedure and substance involved in these Airing
of Grievance hearings, it was the unanimous resolution of the hui that
claimants would boycott the Airing of Grievance hearings on the
following grounds:
a. The 20-minute time allocated to each claimant was
arbitrary and too short to allow for meaningful
presentation;
b. The notice period before the hearings was too short for
adequate preparation of a meaningful presentation
c. The hearings were being offered to Ngāti Porou but not the
traditional tribes;
d. There will be no “outcome” of the hearings—no report with
findings or recommendations to inform the Crown about
the East Coast grievances.
e. The hearings lack other important elements of natural
justice
3. We wish to inform the Tribunal that the following claimants are
boycotting the Airing of Grievance hearings and will not be attending:
Wai 901 Laura Thompson, Te Papatipu o
Uepohatu claim
Wai 1171 Albert Beach, The Manutahi A23
claim
Wai 1272 Rapata Kaa, the Ruawaipu Active
Protection claim
Wai 1275 Renata Tawhai McClutchie, Active
Protection Claim
Wai 1285 Stephen Beach, the Ruawaipu Income
Tax and Revenue Claim
3
Wai 1332 Victor Beach, the Ngāti Uepohatu
Ethnic Suppression Claim
Wai 1381 Te Rarua McClutchie Morrell, The
Native Land and Resources Claim
4. It is our understanding from contacts with other counsel that there will
be no attendance of other claimants who do oppose the settlement. The
Minister has been notified of this boycott by letter of 23 August 2011.
5. It is also our understanding that Hauiti marae has declined to host the
hui on Friday 26 August as previously announced.
Dated 24 August 2011 at Auckland
Linda Thornton - Counsel