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