Tuesday, November 24, 2009

they blinked

Well I say congratulations to Ngai Tahu.

My base understanding is this.

The land was taken from Ngai Tahu
The crown worked on a settlement
A clause to ensure the value of the land was not reduced, was in there
The crown said there were no circumstances for reducing value
ETS if in force would reduce the value because when you cut down trees you incur carbon debt
Ngai Tahu indicates it will enforce rights of contract because they were not told about this
crown says they disagree with that interpretation
crown and maori party and iwi negotiate
deal done

A good article from Rawiri Te Whare
"For reasons of circumstance, rather than on fairness or justice, forests have figured disproportionately in settlements. The reasons are, in simple terms, because forestry land also comes back to iwi with accumulated rentals charged to lease the land to foresters.
It is also because iwi can only seek the return of land still owned by the Crown. Private land is excluded, so irrespective of the nature of how the land was taken, by unjust confiscation, or the actions of flawed law, Maori can only seek the return of that which is still currently on the Crown books.
Forestry land - former state forests - are therefore often a key aspect of a settlement.
We were ripped off and when recompensed we were going to be ripped off again but because of our smart people we have forestalled the latest rip off.
"It is worth remembering at this point that on average iwi settlements equate to compensation at the rate of around 3 per cent of the value of that which was taken."
Don't get me wrong i thing all of the ETS/carbon money stuff is too little, too late - but if we are to do something - it shouldn't disadvantage those who are already disadvantaged. It is not the job of maori to carry the load - if anyone doesn't like the deal they should complain to the crown and not moan at maori or blame them.


Anonymous said...

Tena koe Marty

You are right about the smart people from Ngai Tahu who came up with an acceptable solution that helps protect the value of the settlement.

The key component was that the Crown's contract was to disclose all it knew because that affected the market price Ngai Tahu paid the Crown for the forest.

Make no mistake though, if they could have got support for the ETS from someone else the result may have been different.

Although I do like to think that National wants to uphold settlements as the alternative does not bear thinking about and as the Ngai Tahu settlement was a National Government settlement I don't think they would enjoy being accused of not acting in good faith and then not attempting a solution.

Anonymous said...

Tena Koe Marty

As a NT beneficiary, what right have Tront align the tribe to a political party - the Maori Party. O'Regan and Crofts tried this on when he sought support for NZ First - Tu Wylie. His proposal was soundly rejected by Tront. Rejection, because NT beneficiaries are a group of individuals held together by whakapapa, family conections,not supporting any political party.

The real danger for iwi is to get a reputation for flip-flopping between political parties in power and being trusted by none- this is going to be a legacy for our children

Anonymous said...

Kia ora anon 2

I am unsure why you make such a statement. As a tribe we worked with Labour to seek a solution to a very real issue and at first things were positive. Then they walked away.

When National announced the review of the ETS work was done with them and with the Maori Party who were both supportive of finding a solution that was in our best interests and for other iwi too as it happens.

I reckon we would be foolish as a tribe not to work with those political parties who are prepared to support our aspirations whatever the brand.

So it seems to me is not Ngai Tahu who are supporting those Parties, it is they who are supporting us.

There may be a similar synergy with the Foreshore and Seabed legislation.

As anon one pointed out, if the political winds had been blowing the other way the opportunity on ETS would probably not have existed.