Te Runanga o Kirikiriroa filed an urgent claim against the Crown in respect to Treaty inconsistencies by the Hamilton City Council in breach of the Treaty of Waitangi. At a Judicial Conference held on Friday 14 August in Wellington the Waitangi Tribunal reserved its decision as to whether or not the claim met the criteria for urgency.

The Hamilton City Council was not represented at the hearing although a Memorandum opposing the application was filed the day before. A memo filed under the name of Tainui’s Te Kauhanganui Incorporated  also opposed the application for urgency submitting that they can win Mana Whenua representation on this and other Councils as part of their Treaty negotiations. Perhaps this is so but isn’t it better for Maori to work together for one common purpose? I tend to lean towards the sentiments of Johann Wolfgage von Goethe who said, “Divide and rule, a sound motto. Unite and lead a better one.”

This claim is primarily about the Crown clearly articulating its responsibility for “delegating powers to a statutory delegate while ensuring any Treaty accountability is enacted by Council in a manner that is consistent with the Treaty”. It has come at a critical time with the establishment of Auckland’s super city. The Royal Commission on Auckland Governance recommended that three seats be reserved for Maori, two by general election and one seat by appointment through a Mana Whenua forum. But surprise, surprise these recommendations have been completely ignored by the Crown.

A positive outcome of the super city issue is that the Crown can make radical changes to local government legislation before the 2010 elections which can include Maori wards or indeed appointed Maori representatives as in the case of the District Health Boards. The concern is whether or not the Crown will do this.

While the Waitangi Tribunal can only make recommendations it is an important issue for Maori and for every local authority in the country. According to the Minister for Local Government the Hon. Rodney Hide “People who have power don’t like to share it”. Well the time has come for us to challenge that assumption, to stand up and be counted.