May 18, 2021

Maori News & Indigenous Views

Flavell calls for Iwi to go to Court on Section 9

2 min read

Te Ururoa Flavell, Maori Party MP for Waiariki, is encouraging Iwi to put Section 9 of the State Owned Enterprises Act to the test, and take their cases to Court.

“I am asking for Iwi and Maori Trusts to keep the pressure on the Government, and to test your rights as tangata whenua through the Tribunal and the Courts.” said Flavell.

“Sir Graham Latimer and the New Zealand Maori Council fought hard to put this clause in place to ensure that we had an avenue through which we could exercise our rights as tangata whenua.”

“The principles of participation, active protection, and partnership are in place to protect the relationship between Treaty partners, which is yet again being put to the test.”

“We must take our claims to Court to challenge whether the Crown is abiding by those principles, especially since we have yet to settle Treaty claims related to water, and the use of water resources.”

“Today Iwi present at the Chairs Forum in Waitangi expressed unanimous support to apply Section 9 to the new legislation applying to the power companies to be partially privatised. I support that call, and urge our Iwi and hapu to take the next step.” said Flavell.

“To start selling shares in State owned enterprises to private investors without settling pre-existing claims, is to prejudice the Treaty process. Surely this must be‘inconsistent with the principles of the Treaty.'”

Flavell said “This was exactly the reason why the clause was put in the legislation in the first place, so lets test it.”

  • Maori Party Primer on the proposed changes to the SOE Act can be foundhere


2 thoughts on “Flavell calls for Iwi to go to Court on Section 9

  1. It would be interesting to take this to court.

    If you read one or two translations of the Maori version of the Treaty, and then do some reading on the principles of the treaty – you will find that they are not the same thing. There is at least one aspect of the Principles of the Treaty that is current opinion and interpretation rather than fact – That one (in my reading) is the principle of consultation. Secondly the principles of the treaty have little recognition of the Third Article of the treaty which is the one that gives rights to both Maori and Non Maori equally, within the context of the First Article which essentially put a new system of government administration in place in NZ. The 2nd Article gave the Maori specific rights over their lands and things that they hold dear and the principles of the treaty tend to focus more on that article.

    I think if you ready the whole treaty and I am quite happy with the few Maori translations I have seen it is a much better document than any notion of the principles which have been effectively extracted and perhaps embellished from the whole document, to focus on specific aims of redress within the context of the Tribunal.

    The Tribunal does not seem to address (and perhaps does not need to) the wider context of the treaty, which allowed progression over a period of time to our nationhood. That role is to discuss the formation of a constitution that represents equally all New Zealand citizens and once complete (it will take a long time I expect) adoption of that will be a perfect time for us to re-establish NZ as a republic.

  2. My humble logic has to ask the question, why take it to the Courts? I am still at the point where the natives have been forced into a position once again to try and fix something that wasn’t broken in the first instance. The fact that there is a consultation process in place tells me that the door has been opened to present the Mixed Ownership Model in order to appease the natives which in my again humble opinion is unnecessary and a total waste of taxpayers money. Section 9 is not broken, there is no logical reason to attempt to amend or indeed manipulate the issue, other than the revealed intent of this present Government surrounding Section 9 in regards to the partial selling of the said assets in question. This reeks of historical repetitions so much so, it just isn’t funny anymore to be quite honest. As Albert Einstein once said, “Insanity: doing the same thing over and over again and expecting different results.” While the natives are busy fighting for their rights to be heard over here, this Government will rush through the Bill over there in order to meet their objective. Has history taught the natives or the representatives of the Crown nothing? If this issue wasn’t so serious, it would indeed be laughable, but I for one will not fall for the intended tactics of this Government, the solution – stop pussy footing around and ratify Te Tiriti o Waitangi in all facets of Aotearoa/New Zealand Constitutional Law, now that’s worth going to the Courts for!

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