relativity clause

The Otago daily Times has a good article on their OIA enquiries about the latest 'relativity clause' statement which relates to the settlements of both Ngāi Tahu and Tainui. Some will argue that the clause shouldn't apply but they are wrong. Consider that the economic losses caused by the Crown purchases of Ngāi Tahu land is estimated to be valued at over 20 Billion and the Crown's Settlement Offer was $170 million. Enough said really.

ODT

The Office of Treaty Settlements declined to release the latest relativity clause statement, which the Otago Daily Times requested under the Official Information Act. Director Peter Galvin confirmed the clauses were likely to be triggered in the next one or two years, and the latest statement "does not differ significantly" from the previous period. "As we draw nearer to the triggering of the relativity mechanisms, the need for confidentiality among the parties to the relativity mechanism contracts increases."

What is the relativity clause from Ngāi Tahu's point of view

A special 'top-up' mechanism - a form of 'insurance' called the Relativity Clause - was also negotiated. Under this mechanism, if the value of all Treaty settlements between 1994 and 2044 ends up being more than $1 billion, then Ngāi Tahu will be entitled to a top-up payment to ensure its position is maintained relative to other tribes that settle.

This awesome graphic explains how it works

I hope this is sorted sooner rather than later. This relativity clause maintains fairness and with the rebuild of Ōtautahi/Christchurch beginning and the significant influence of Ngāi Tahu in that rebuild, additional pūtea will be welcome. Ngāi Tahu are exercising and strengthening rangatiratanga, manaakitanga and whānaungatanga as they lead and coordinate the support for the people and the rebuild of the city and communities.

Kaiwhakahaere message

I am reproducing this message from Mark Solomon, Kaiwhakahaere of Te Rūnanga o Ngāi Tahu, about the Christchurch earthquake.

Tātangi nei te reo o apakura ki ōku taringa
He aituā e kukume i ngā taura o ngākau mōmotu
i te kukumetanga mai o Rūaumoko i ōna here ki te mata o te whenua
Nei te tangi ki ngā tini aituā kua wehe ki te pae o ngaromanga
Waiho mā mātou nei e apakura tū te ao, tū te pō
Nā reira nei te mihi ki a tātou Ngāi Mōrehu
Me pakahiwitahi tātou kia kiia ahakoa te taumahatanga o te wā
Āe rawa atu nei, kei te ora tonu te manaakitanga me te aroha ki tēnei whenua

 It has been such a tragic week and my thoughts are with all those who have lost family and friends in this earthquake. I also wish to acknowledge those who are, injured, unable to live in their homes, are living in damaged homes and so on. All residents of Christchurch, Canterbury and in the wider community have been affected in some way.

So far this website has been used to convey only essential-service messages and information about marae accommodation and respite. However, today there is a lot more resource around and a few extra minutes to dedicate to a quick update.

About 30 Te Rūnanga Group staff are working furiously at the new Wigram Hub to re-establish our core businesses and operations. This includes the Tahu FM crew. We are here because we have no access to Te Waipounamu House in the Central Business District. We do not expect to have access for many more weeks, possibly months to come. But this has not stopped us from delivering the mahi required at this time. The Ngāi Tahu/Iwi Katoa/Te Puni Kōkiri/Māori organisation relief effort is a combined and coordinated effort and linked in with the greater Civil Defence relief effort across the city. Many people are inputting into this effort whether from their homes, marae, or from the Ngāi Tahu Wigram Hub.

There are many from outside the city and all across the country who are also contributing and I thank all Iwi, Māori organisations, and all others for their generous donations. I also thank the many Cantabrians, New Zealanders and international citizens who are here on the ground doing their utmost to help us recover. The Red Cross Emergency and Hardship Grant is helping to address the immediate and dire needs of whānau who are without water, power or sewerage services. It is hard to adequately express how proud I am of our whānau and our wider community, you are simply extraordinary.

Over the days and weeks ahead, there will be time to report on this relief effort and I will post regular updates in this space, in the meantime, continue to take care of each other.

 Aroha ki te tangata

Mark Solomon.

We must look after the people - that is the priority.

dull knife can't cut butter

I'm not really too worried about brownlee and his plan to knock all heritage buildings down and the reason is that he is a very dull knife indeed IMO as evidenced by these proclaimations


NZH

The Minister, Gerry Brownlee, told a media briefing this afternoon that if he had his way, most of Christchurch's heritage buildings would be bowled tomorrow. He says the old buildings killed people when they toppled during the earthquake and they can not remain.

"While they are part of our past history, they have no place in our future history. As I've said repeatedly, heritage is both forward and back and from this point on, we decide what the heritage of this city will be," he said.

Oh dear gerry - past history is a little redundant and future history - well I know what you are trying to say but you aren't actually saying it with those words. I think the 'we' in the last sentence indicates the royal 'we'.

nor is this all

I have missed studying but now I am back into it and filled with anticipation. Some of my first readings have been excellent and I will endeavour to put up insights I get as I go along. A paper I am excited about is a Treaty of Waitangi paper - so much has been written about this Treaty and it's place in our history and cultural ethos. The versions, the misuse of words, the haste, the falsification and deliberate misleading - it is all there.

I'm sure over time we will get to all of those issues but I want to talk a bit about Lord Normanby's instructions to Hobson. (My emphasis below)

... the increase of national wealth and power promised by the aquisition of New Zealand, would be a most inadequate compensation for the injury which must be inflicted on this Kingdom itself, by embarking in a measure essentially unjust, and but too certainly fraught with calamity to a numerous and inoffensive people, whose title to the soil and to the Sovereignty of New Zealand is indisputable, and has been solemnly recognised by the British Government ...

... The Queen... disclaims for herself and for her Subjects, every pretension to sieze on the Islands of New Zealand, or to govern them as part of the Dominion of Great Britian unless the free and intelligent consent of the Natives, expressed according to their established usages, shall be first obtained...

... All dealings with the Aborigines for their lands must be conducted on the same principles of sincerity, justice, and good faith as must govern your transactions with them for the recognition of Her Majesty's Sovereignty in the Islands. Nor is this all. They must not be permitted to enter into any Contracts in which they might be ignorant and unintentional authors of injuries to themselves...

Lord Normanby's instructions were barely followed. The free and informed consent according to established usages and the principles of sincerity, justice and good faith were not followed. In fact these are the same issues facing Māori today. Tino rangatiratanga is about free and informed consent and sincerity, justice and good faith. There are numerous reasons that the Treaty, between the indisputable Sovereigns of the land - Māori, and the Crown, did not live up to the intent of Lord Normanby's instructions. What has happened, has happened - the point is, what do we do about it.


Telling the truth is a good start - stop the pretending and self delusions that we hide behind - front up to how we have got to where we are. All of those aspects are part of resetting the foundations of this country and it starts and ends with recognition of Māori and the right to self determination. That is the way we change all of the negative statistics that reflect the plagues on Māori. The plagues that have arisen from the disease of colonisation and it's siblings - capitalism, exploitation and patriarchy. The tokenism has to stop and the context must be there. For instance, why would a presenter talk through the radio broadcast of the karakia before the memorial service for the victims of the Christchurch earthquake when the christian prayers are heard in silence?  I don't personally blame the presenter because it is endemic in our society - this disregard for Māori culture and the misunderstandings because of lack of context. This is important because we are in this waka together and that connection for us all is beyond dispute.

Everyone can connect but we need the indigenous rights of Māori to be recognised, acclaimed and empowered for the true value of those connections to be realised. This country didn't begin in 1840 - there is a deep and rich history and knowledge within the real story of this country and as we accept the truth of that story, we connect and become part of that story. It becomes our story too no matter where we are from. That is the great gift awaiting us.

old dungas get blame

Earthquake Recovery Minister Gerry Brownlee has said that the old buildings in Christchurch will be pulled down so that they can no longer claim lives in earthquakes.

Stuff

Quite frankly people have died in this last earthquake trying to save old buildings. We're not going to do that any more. My absolutely strong position is that the old dungas, no matter what their connection, are going under the hammer."

"Old stuff, if it's got any damage at all, needs to be got down and got out, because it's dangerous and we don't need it."

No one would put a building above someone's life but there are some major inconsistancies with brownlee's statement. The two modernish buildings that came down killed more people than the heritage buildings. If you do this in Christchurch, which used to be considered a low earthquake risk compared to some other other cities in this country, then what about Wellington or somewhere else?


I am not opposed to bringing down damaged or dangerous buildings but let's do it with the proper mindset. Heritage buildings are about culture not just the bricks and buildings can be more than just buildings and that has to be considered. We do need them.

Good discussion in comments on Dim Post

it is all us

our tears dry as

salty trails in the nor-wester

that heated wind

slides forcefully within the rubble

it continues

restlessly toward the sea, our lives

emergency

that digs our sides and cuts our shoulders

it is all us

that hot breath knows it holds everything.

The shock is opening to reality and the stories coming out of loss just drop me into tears. We are seeing the community work together, we see the people supporting each other as we naturally do - kia kaha to all.

Update - 148 confirmed dead, 50 still missing, 55,000 properties don't have water.

waiting

These are dark days for Christchurch/Otautahi - the shock is beginning to wear off and the losses are becoming obvious - people have died, people are gone and there are still people fighting for life within the rubble, hoping for rescue - arohanui to all.


It is difficult being far away, thinking of the familar streets walked down, and the buildings paused by. I want to drive down to help, I want to do something but small circles my feet make and there is little I can do. So many waiting to hear who has gone and waiting to recognise a name, a friend, a workmate a person with family and loved ones, a person with hopes and dreams and a life history, a whakapapa.


To all people of Christchurch/Otautahi especially my kin of Ngai Tahu whanui, my thoughts and heart are with you all.

Update - Good Ngai Tahu communication and information on this facebook page