ELI supports hapū to file Waitangi Tribunal claim for numerous breaches of Te Tiriti

Te Weraiti Maunga, quarry and overburden site. Photo courtesy of Te Ao Apaapa.

Te Weraiti is the ancestral sacred mountain of Ngāti Hinerangi Hapū o Raukawa Iwi (ngā hapū) which has been quarried by Matamata Metal Supplies Ltd (owned by JSWAP) since the 1960’s. Despite petitions to recognise its spiritual importance brought over the course of several decades, local councils have consistently ignored ngā hapū concerns about the destruction of Te Weraiti.

Not only does the quarry disfigure the ancestor, Te Weraiti, but in heavy rains it also discharges sediment into local rivers which are used by ngā hapū for a variety of customary purposes. The degradation of the natural environment means that ngā hapū are left to simply watch their tikanga being eroded.

With the help of ELI, last week ngā hapū filed a claim with the Waitangi Tribunal alleging numerous breaches of Te Tiriti.

The filing of the claim has seen nearly three years of work come to fruition. In 2020, Te Ao o te Rangi Apaapa reached out to Professor Catherine Iorns (an ELI advisory board member) after seeing a short documentary (by film-maker Magnolia Lowe) about her work on Newsroom. Professor Iorns first suggested the possibility of a Treaty of Waitangi claim. On this basis, ELI funded a group of students from Victoria University of Wellington’s ‘Wellington Community Justice Project’ to work with Te Ao o te Rangi Apaapa to identify legal issues raised by the quarrying. Following the report, ELI contracted the student team lead by Jonathon Sylvester to continue investigating legal issues. Building upon this excellent work, ELI continued to investigate and shape the plethora of legal issues into a claim.

Following review by external legal counsel, a comprehensive Treaty claim has now been filed. The claim shows the failure of local government in protecting Te Weraiti, with numerous breaches of the treaty alleged. In investigating the claim ELI has also discovered breaches of RMA planning processes and poor monitoring. Despite these breaches, and despite subsequent acknowledgements by councils as to these breaches, the quarry has not faced any repercussions.

Our hope is that the claim prompts local government to fulfil its duties under Te Tiriti and resource management law. We are continuing to work with ngā hapū to explore alternative avenues in bringing justice for Te Weraiti.

Read the claim and the supporting documents at the links below.